BREAKING NEWS : COURT OF APPEAL, AKURE STRUCK OUT THE MOTION ON THE STAY OF EXECUTION FILED BY MR IDOWU ADEDIWURA, THE SACKED OBALUFE OF IFE.
After intended system delay introduced by Mr Idowu Adediwura’s legal team through frivolous motion earlier filed by the chamber of Wahab Egbewole & Co, the legal team as represented by Messrs Abdulkadir Orire and Yusuf Yusuf, during the Court of Appeal sitting in Akure on 4th October, 2023 sought the indulgence of the court to withdraw the said motion on the Stay of Execution and the Counsel E.Z. Biriomoni representing Prince Elugbuji Abayomi did not raise objection to the withdrawal of that motion. The three Lordships of the Appeal Court granted the withdrawal and thence STRUCK OUT the MOTION accordingly.
According to Mr Adegoke Omisore, the PA to Prince Elugbuji Abayomi, “the coast is clear now, there’s no hindrance to the execution of the earlier Judgement and Rulings”. Mr Adegoke said ” there was a landmark Judgement as delivered by Justice F.E Awolalu on 11th December 2019 that will come to execution now, which stated among other things that:
1. It is the turn of Aga Ruling House and not that of Ajagbusi to occupy the stool of Obalufe of Ife
2. Mr Idowu Adediwura should not parade himself as Obalufe of Ife again.
3. Prince Elugbuji Abayomi, the Appellant, should be consented and installed as the new Obalufe of Ife within 21 days”.
It was further explained by Mr Adegoke that, Mr Idowu Adediwura, the sacked Obalufe, through his legal team had initially sought for a Stay of Execution from the High Court in Osogbo, where Justice W.O Akanbi in his Ruling on 24th of December, 2019 stated inter alia that ” I have weighted the competing rights of both the 2nd Applicant (Mr Idowu Adediwura) and the Respondent (Prince Elugbuji Abayomi) to the Obalufe chieftaincy stool presently. If I were to grant the application for the stay, the 2nd applicant (Mr Idowu Adediwura) would continue to remain on the stool until when he exhausted his right of appeal. If I were to refuse the application, the coast will be clear for the 1st Applicant (Oba Adeyeye Ogunwusi) to appoint and install, as ordered by the court in the judgement sought to be stayed, the respondent (Elugbuji Abayomi) as Obalufe of Ife. Since, it was the turn of Aga Ruling House to produce the candidate for the Obalufe chieftaincy stool when the 1st applicant appointed and installed the 2nd applicant from another ruling house as Obalufe against the order of rotation stated in Obalufe chieftaincy declaration, I am of the respectful view that the balance of justice and convenience is in favour of refusing the application. This Application for the Stay of Execution of the Judgement of this Court (Awolalu) delivered on the 11th day of December, 2019 therefore fails and it is hereby dismissed”.
The PA to Prince Elugbuji Abayomi said, earlier before the mentioned Judgement and Ruling, there was a Ruling by Appeal Court on 8th December, 2017 where their Lordships, Justice Mohammed.A. Danjuma, Justice Obande. F. Ogbuinya and Justice Ridwan. M. Abdullahi unanimously restored back the Locus Standi of Prince Elugbuji Abayomi, ascertained his eligibility and mode of his selection by the family.
However, the PA added that there are ongoing consultations to achieve the seamless obedience to the court judgement. He promised to update our correspondent with more information as issues unfold.
