By Hassanat Adebowale
The Court of Appeal in Ibadan has upheld the selection and installation of Oba Ghandi Olaoye as the Soun of Ogbomoso. This decision, delivered on Tuesday, comes after Justice K. A. Adedokun of the Oyo State High Court in Ogbomoso nullified Olaoye’s selection and installation on October 25, 2023, citing procedural irregularities.
The lower court had declared that the process of Olaoye’s nomination did not comply with the provisions of the Soun Chieftaincy Declaration of 1958, labeling it as “irregular, null and void.”
However, in the appeal filed by Olaoye, Justice Yargata Nimpar, leading a three-member panel of Justices, resolved the case in favor of Olaoye. Nimpar asserted that the lower court lacked the jurisdiction to entertain the case, highlighting that the respondents failed to follow the administrative procedure of writing to the government about their dissatisfaction with the selection before approaching the court.
As a result, Justice Nimpar set aside the lower court’s judgment and affirmed the selection and installation of Olaoye as the Soun of Ogbomoso.
Following the judgment, the respondents’ lead counsel, Mr. Abiodun Ogunjumi, expressed dissatisfaction with the Court of Appeal’s decision. He indicated his intention to file a notice and grounds of appeal to challenge the judgment at the Supreme Court.
The respondents in the case include Prince Muhammed Olaore and six others. Olaoye was represented by Senior Advocate of Nigeria (SAN), Yusuf Ali.
The ruling emphasizes how critical jurisdiction is in chieftaincy disputes in Nigeria. Courts have consistently held that traditional appointment procedures must be adhered to. However, before turning to the courts, claimants must first exhaust administrative remedies. This case also highlights that while appeal court decisions are binding, those dissatisfied with such rulings can still approach the Supreme Court for a final decision.
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