Appeal Court: Oba Olanipekun remains Ataoja of Osogbo

The Appeal Court sitting in Akure, Ondo State capital has ordered that the Ataoja of Osogbo, Oba Jimoh Olanipekun to remain in office.

It set aside the ruling of the Osun State High Court which held that the appointment and installation of the monarch was illegal.

The high court presided over by Justice Yinka Aderibigbe in 2011 sacked the traditional ruler, after faulting his nomination, selection, appointment and installation processes.

The kingmakers consequently approached the Appeal Court sitting in Akure, the Ondo state capital.

Justice Ambi-Usi Danjuma in his judgement Friday faulted the order made by the High Court setting aside the action of the kingmakers on the basis that having heard a motion challenging his jurisdiction before him, the lower court ought to have heard the motion first and since it did not hear it, it could not have made any subsequent order like the one he made in setting aside the action of the kingmakers.

The court ordered that Oba Olanipekun should continue to be in office as Ataoja of Osogbo pending the hearing and determination of the substantive suit at the high court.

In his reaction the lead counsel of the first and second respondents, Mr. Adewale Adegoke said his team would have to study the judgment before taking the next step.

” We have not got copies of the judgment, we have not studied them, until we read and studied them we will now decide whether we should explore the right of appeal to the Supreme Court or applied that the case file should be transferred to the high court for continuation of hearing in high court. ”

On the other hand, one of the counsels to the appellant, Mr. Gbadebo Adesina expressed delight over the judgment.

He said it was in the interest of justice stressing that “there is no winner, there is no loser, the people of Osogbo are winning collectively.”