Justice Olujumoke Aiki, the presiding judge in the suit instituted by the Olubadan of Ibadan land, Oba Saliu Adetunji, against Gov. Abiola Ajimobi of Oyo State and the 21 new Obas, has adjourned till Nov.6 hearing of the preliminary objections raised by Kunle Sobaloju, the counsel to the 12th-24th defendants.
At the resumption of the case on Wednesday, lead counsel to the Olubadan, Niyi Ajewole, told the court that his team was served with a copy of a preliminary objection filed by the defence counsel challenging the jurisdiction of the court to entertain the matter.
Ajewole, however, said that he had replied to that effect and had filed it accordingly.
The defence counsel, who affirmed the submission of the claimant’s counsel, said that his team filed the objection on the ground that the Olubadan has no “locus” in challenging the elevation of the Baales to the status of Obas.
“When we raise the issue of locus, it touches the jurisdiction of the court to entertain the claims.
“If he has no locus standard, it means the court has no jurisdiction to entertain the claims,” Sobaloju said.
He further pointed out that the elevation of the Baales and crowning of the new Obas had not affected the Olubadan.
According to him, the Olubadan remains the consenting authority which had not been removed by the elevation of the Baales.
Aiki fixed Nov. 6 to hear the preliminary objection of the defendant before the commencement of the case.
She further directed parties to file all necessary processes in respect of the suit.
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A Report Of The Judgement Of The 16 Divisions Of The Court Of Appeal In Nigeria