Salu of Edunabon stool: Appeal Court orders retrial
SKAiF NewsNG SNN
The Court of Appeal sitting in Akure has set aside the judgment of the Osun State High Court which dismissed a chieftaincy suit challenging the appointment of Oba Kehinde Oladepo as the Salu of Edunabon.
The appellate court, in a unanimous decision delivered by Justice Oyebisi Folayemi Omoleye, held that the lower court erred in law by dismissing the suit at the preliminary stage without hearing it on its merits.
Justice Omoleye stated that the trial court acted wrongly “in view of the serious allegations of procedural violations and bad faith raised by the Appellant”.
He added that such issues required full judicial consideration.
The appeal arose from a dispute over the succession to the stool of the Salu of Edunabon, a recognised chieftaincy regulated by the Salu of Edunabon Chieftaincy Declaration of 1957 and the Chiefs Law of Osun State.
The appellant, Chief Oyedokun Olatidoye, the Olosi of Edunabon and head of the Edunabon kingmakers, challenged the nomination, appointment and approval of Oba Oladepo as Salu.
Chief Olatidoye told the court that he supervised “the lawful nomination and traditional installation of Prince Adebayo Nasiru Bolawole, which complied with customary rites and received the consent of the Ooni of Ife, the prescribed authority”.
He alleged that officials of the Ife North West Local Council Development Area later conducted a parallel selection process without his involvement and secured the approval of the Governor of Osun State in breach of statutory and traditional procedures.
However, the Osun State High Court, presided over by Justice A.A. Aderibigbe, upheld a preliminary objection by the Respondents and dismissed the suit on January 20, 2022, ruling that it was statute-barred under the Public Officers Protection Law.
Dissatisfied with the ruling, the Appellant argued on appeal that the trial court failed to consider recognised exceptions to the limitation law, particularly in cases involving allegations of illegality, abuse of office and bad faith.
In allowing the appeal, the Court of Appeal held that the Appellant had the locus standi to institute the action as head of the kingmakers and that the suit did not amount to an abuse of court process.
Justice Omoleye said allegations of non-compliance with the Chiefs Law, bypassing of the Ooni of Ife and failure to observe the mandatory waiting period “raised serious factual issues which could not be resolved without a full trial.”
The appellate court consequently set aside the High Court judgment, ordered that the case be heard afresh before another judge, and awarded ₦500,000 costs against the 1st Respondent in favour of the Appellant.
