The Supreme Court of Nigeria has thrown into the air the appeal initiated by Oba Micheal Onakoya against the decision of the Lagos Division of the Court of Appeal which confirmed the verdict of the Lagos State High Court that dethroned him as king and Orijeru of Igbooye land, Epe.
The Supreme Court arrived at the decision while delivering judgment in a suit marked SC//CV//969/2024 by the court, presided over by Justice Adamu Jauro.
The justices of the five-member panel of the apex court are Justices Chidiebere Nwaoma, Obande Festus Ogbuinya, Stephen Jonah Adah and Ohammed Baba Idri.
Justice Jauro who declared that the appeal was filed out of time, maintained that, “The court observed that the Notice of Appeal on page 442 of the record was filed on 29/06/2020 against the decision delivered by the Court of Appeal, Lagos Division, on 26th of March 2020 which was out of the time prescribed by Section 27 of the Supreme Court Act.
“Though the learned Prof. Yusuf Ali (SAN) for 7th respondent has urged the court to hear the appeal, we do not deem it proper to hear an incompetent appeal.
“Consequent upon the foregoing, the Notice of Appeal filed 29/06/2020 in Appeal No. SC/969/2020 is incompetent having been filed outside the time prescribed by Section 27 of the Supreme Court Act, and it is hereby struck out.
“Notice of Appeal struck out. No order as to costs.”
Justice Jauro expressed displeasure that the appellant’s counsel was not in court despite being duly served hearing notice for proceedings which were held on April 29, 2024.
While the proceeding lasted, the 1st to 6th respondents in the appeal were represented by Babs Animashaun and the 7th respondent was represented by Prof. Ali (SAN) with Adams Olori Aje, Alex Okoja, Sefinat Lamidi and Kehinde Salimon.
The 8th and 9th respondents were represented by A.O. Muheed, Deputy Director, Lagos State with Florence Pius Anyador, a Chief State Counsel and O. Osusanya, an Assistant Chief State Counsel.
The Court of Appeal had in March 2020 affirmed the judgment of a Lagos High Court, Igbosere which removed Oba Onakoya as the traditional ruler and Orijeru of Igbooye land, Epe.
Not contented, the dethroned monarch headed to the appellate court and requested an order to set aside the judgment of the lower court delivered on April 19, 2016, by Justice Iyabo Kasali.
However, the three-man panel of the Court of Appeal which comprises Justice Mohammad Lawal (presiding), Justice Ugochukwu Ogakwu and Justice Jamilu Tukur, in a unanimous decision, dismissed the appeal filed by the sacked monarch.
The Court of Appeal had specifically stated that the application filed by the former king was lacking in merit.
The appellate court, in its verdict read by Justice Tukur, upheld the two issues raised for determination of the court by the first to sixth respondents and seventh respondents in their respondent's briefs settled by T.A. Dairo and Ali (SAN) respectively.
The Court of Appeal insisted that the first to six respondents have locus standi to institute the suit filed at the High Court of Lagos State.
The appellate court further agreed and granted the relief sought by the respondents that the appellant/claimant, Oba Onakoya, is not a member of the Ewade Ruling House of Igbooye land and is not entitled to be appointed as an Oba (king) on the platform of the ruling house.
The Court of Appeal refused to award any cost as it ordered the parties to bear their respective cost.
While Oba Onakoya is the appellant, the respondents included Alhaji M.A. Quadri, Mrs Oladipe Otunowo, Chief Gbenro Otunowo, Otunba Abdulwasiu Musa-Adebamowo (Head of the Ewade Ruling House), the Lagos State Government, LASG, and the Attorney General of Lagos State.
In her April 2016 judgment, Justice Kasali granted all the claims of the claimants in the suit filed through their counsel, Tunde Oyende.
She declared that “The second defendant (Micheal Gbadebo Onakoya) is not a member of the Ewade Ruling House of Igbooye in Epe Local Government Area of Lagos State and is not entitled to be nominated to the stool of the Orijeru of Igbooye.
“The court ‘perpetually’ restrained Onakoya from parading himself as a member of the Ewade Ruling House of Igbooye, Epe, the traditional ruler and Orijeru of Igbooye land of Epe Local Government.”
Justice Kasali had declared the nomination of the second defendant, Oba Onakoya, to the stool of Orijeru of Igbooye as illegal and of no effect.
Justice Kasali also declared: “That all the other defendants are hereby perpetually restrained from recognising the second defendant (Micheal Gbadebo Onakoya) as a member of the Ewade Ruling House of Igbooye.
“The second defendant counter/claimant’s claim fails in their entirety, and they are dismissed.”
The trial court described as fraudulent, the documents used by the deposed monarch for his nomination, selection and subsequent recognition by the government for the stool of Orijeru of Igbooye land.
Justice Kasali agreed that the claimants were not aware of, nor participated in the meetings purportedly held by the Ewade Ruling House in August 1991 which culminated in his (Onakoya’s) unlawful nomination.
The lower court equally aligned with the claimants that they were not aware of the presentation of the second defendant to the state government.
“The members of Ewade Ruling House only became aware of the true but hidden and secret fact that the second defendant had assumed the stool of Igbooye, before he was deposed, on the platform of Ewade Ruling House when they saw the letter ref. EP. 181/134 dated 26th February 2003, addressed to the second defendant ‘in care of Ewade Ruling House’ in the course of frontloading processes in suit no ID/1472/92: Adesada v. Lagos State Government which was decided on October 15, 2008 by this Honourable court.”
Justice Kasali held that it was necessary for trial courts to take a stand against illegality and ensure that justice was done at all times.
Before this time, Justice Habib Abiru, (now a Justice of the Supreme Court) while being a judge of the Lagos High Court, Ikeja, had in 2008, in suit no ID/1472/1992, dethroned the embattled monarch from the stool of Orijeru of Igbooyeland.
Justice Abiru refused to stay the execution of his judgment in a ruling delivered on October 15, 2009, and likewise the trio of Justices C.C. Nweze, R.N. Pemu and F.O. Akinbami of the Court of Appeal on February 27, 2013, in different applications filed by the deposed monarch.
The Lagos State government had on May 17, 2016, banished the deposed monarch from Igbooye town following the two judgments by Justice Abiru (now of the Supreme Court) delivered in October 2008 and Justice Iyabo Kasali delivered in April 2016 after his dethronement as the Orijeru of Igbooyeland, Epe.
The letter banishing Onakoya from Igbooye, Epe, was signed by the then Permanent Secretary, Ministry of Local Government and Community Affairs, Sanuth J.A.B. and also ordered him to stop parading himself as the Orijeru of Igbooye until another judgment setting aside the two judgments of the High Court.
The deposed monarch was advised in the letter to stay away from the community to prevent any breakdown of law and order until the situation is reversed.
But, following his appeal to the state government, the banishment of the deposed monarch was reviewed and was allowed to return home based on the provisions of Section 37 of the Obas and Chiefs laws.
The directive dated April 25, 2017, signed by Permanent Secretary, Ministry of Local Government and Chieftaincy Affairs, Fola Padonu, instructed the deposed monarch to return to Igbooye “as an ordinary citizen of the community pending the final determination of your case; that you will not parade yourself in any manner whatsoever or act in any capacity and use of other regalia as an Oba within the administrative division where the community is located.”
It further instructed him to ensure that his return “will not incite the breakdown of law and order, or in any way disturb the peace of the community.”
The dethroned king was further barred from engaging “in any act capable of disturbing the peace, order and good governance of the community and environs” among other directives.
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