The Governor and the Executive Council of Ondo State have been restrained from appointing an Oba in a forest which has no structure or any sign of human habitation.
In Suit N0 H0K/66/2022 filed at the Okitipupa Division of the High Court of Ondo State, by Prince Ehinminomire Oyetomi Odunyemi on behalf of the Kusedun Royal Family of Ugboland in Ilaje Local Government, the Claimants stated that Ugboroko (deep forest) is part of the land of Abetobo under the Baale of Abetobo and subject to the Prescribed Authority of the Olugbo of Ugbo in Ilaje Local Government.
The Claimants further averred in their Statement of Claim that Osowa of Ugboroko which was recognised by the Ondo State Government based on the recommendation of the Justice Ajama Commission of Inquiry is not an existing Chieftaincy and that Ugboroko has no structure or any sign of human habitation.
They further claimed that one Mr. Kolawole Arowojolu (7th Defendant) being planned to be installed as Osowa of Ugboroko is a total stranger who has no relationship with the Ugboroko forest.
Ruling on and granting the Motion Exparte for interim injunction, His Lordship Hon. Justice D. I. Kolawole –Judge of Ondo state High Court on the 5th day of December, 2022 held:
“UPON reading the Motion Ex-parte and 45 paragraphs Affidavit in support, sworn to by one Chief Agbejoye Idowu Igbahan, Male, Nigeria, traditional Ruler as Baale of Abetobo in Ugboland of Ilaje Local Government Area of Ondo State and filed at the High Court Registry, Oktitipupa on the 21st day of November, 2022.
AND THE COURT after listening to Samuel Ogungbamila Esq, and with him Sehinde Ajele Counsel to the Claimant/Applicant and moving his Application the Court Ordered as follows:
I have read the affidavit in support of the ex-parte application and I think the situation calls for the intervention of the Court in the interim.
The application is granted as prayed in the interim. The 1st – 4th Defendants in the interim are restrained from taking other and further steps or actions giving effect to the White paper on the Hon. Justice CET Ajama Commission of Inquiry on Chieftaincy matters in respect of recognizing, appointing, inaugurating and presentation of instruments of staff of office to the 7th Defendant pending the determination of the motion for interlocutory Injunction filed in the suit.
The 1st -6th Defendants are further restrained in the interim from recognizing the 7th Defendant and accord him the status of Oba in ugboroko and the 1st – 4th defendants are restrained from issuing any document, letter, instrument of Appointment to the 7th defendant, or to inaugurate or install him in ugboroko or anywhere as Osowa of Ugboroko or Oba with whatever title in Ugboroko pending the determination of the motion on notice.
The 7th defendant is restrained in the interim from wearing any apparel or in any manner parading himself or allow himself to be paraded as an Oba of Ugboroko or any other territory of the Claimants as Osowa or by any other title whatsoever pending the determination of the motion on notice.
This orders granted in the interim shall last for 14 days unless there is an order extending it to a further period. The application for extension of the life of orders shall be made before the expiration of the 14 days lifespan of the order.
The motion on notice is adjourned to 14th December, 2022.
ISSUED AT OKTITPUPA UNDER THE SEAL OF THE COURT AND THE HAND OF THE PRESIDING JUDGE THIS MONDAY THE 5TH DAY OF DECEMBER, 2022.
