The court made the ruling on a interlocutory Injunction brought by the claimant, Capt. (Rtd.) Folunrunsho Aremu against the Oba and three others challenging the selection and appointment of Agbana as the paramount ruler of Egbe land, said
Delivering judgment on the suit number: KGS/IHC/10/2016 & KGS/EHC/5/2016, Justice Obayomi who invalidated the appointment and asked each parties to return to status quo also banned the state government, Ministry of Local government and Chieftaincy Affairs and the Yagba traditional council from going ahead in the coronation of the embattled king.
The judgment, which elicited mixed reactions in the community was a result of a fierce legal battle between the plaintiff, Capt. (Rtd) Folorunsho Amupitan and the embattled monarch.
After listening to both parties, Justice Obayomi granted an order of mandatory injunction setting aside the recognition of Abiodun Agbana by the Kogi State government.
Justice Obayomi further granted an order of mandatory injunction setting aside the issuance and acceptance of the certificate of recognition earlier issued the embattled traditional ruler by the state government and any act or acts made in furtherance of the said acceptance by the defendant.
The judge also set aside the proposed coronation of Oba Agbana on the ground that he resorted to self help while the case was still pending before the court. “The 1st defendant is hereby restrained from parading, holding himself out and or in any manner whatsoever acting as the traditional ruler, pending the hearing and determination of this suit,
” An ORDER restraining the defendants, especially the traditional institutions from setting in motion any process for rhe appointment of the Baale of Egbe during the pendency of the consolidated suits.”
Justice Obayomi said failure to obey the direction contained in the order by any of the defendants will amount to contempt of Court.]]>
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