The Alawo of Awo Ekiti, Oba Abdulazees Olaleye, who was sacked by the Ekiti State Excessive Court docket final week has appealed the judgement, saying that he stays in cost with the attraction already filed on the Appellate Court docket.
The Excessive courtroom had in a judgement delivered by Justice Abiodun Adesodun in a swimsuit quantity HAD/134/2020 on the first March 2021 eliminated the monarch from the throne, saying his choice contravened the State’s Chieftaincy edict.
Joined within the attraction had been: Prince Ebenezer Aladejuyigbe (1st respondent) and Governor of Ekiti State, Kayode Fayemi(2nd respondent).
Within the attraction, the monarch faulted the place canvassed by the Excessive Court docket that his choice violated the extant rule, saying he was validly chosen to occupy the throne of his forebears.
The monarch urged the attraction Court docket to upturn the decision of the Excessive courtroom and restore him again to the throne.
Oba Olaleye stated it was a gross abuse of courtroom course of for the Excessive Court docket to adjudicate on a problem that had earlier been decided in his favour on the Attraction Court docket, saying it turns into a functus Officio the second the next courtroom adjudicates on any difficulty.
The Appellant challenged the decision of the decrease courtroom on the grounds that; “The discovered Excessive Court docket Decide erred in legislation by assuming jurisdiction and determined the identical, whereas he didn’t have jurisdiction to entertain similar.
” He additionally erred in legislation by not taking into cognisance the date the appellant was put in and regarded the swimsuit difficult his statute-barred and subsequently reached a fallacious conclusion.
“The discovered Decide additionally erred in legislation when he entertained the swimsuit by methods of originating summons. This motion turns into a nullity in legislation as a result of the appointment of Alawo was by govt determination and may solely be challenged by means of certiorari.
“The discovered Decide additionally erred in legislation by not giving the appellant a good listening to on the trial and thereby reached a fallacious conclusion or determination. The choice of the Court docket was additionally in opposition to the burden of proof offered in courtroom”.
On that premise, the appellant sought the next reliefs: “An order of the courtroom permitting the attraction, an order setting apart the choice of the decrease courtroom delivered on 1st March, 2021 and order of the Court docket restoring Oba Abdulazees Olaleye as Alawo of Awo Ekiti forthwith”.
The appellant contended that he stays in control of the city as validly constituted conventional authority pending the willpower of the attraction since all processes had been duly filed and served on all respondents.
Sequel to the set up of the monarch by former Governor Ayodele Fayose, one Prince Ebenezer Aladejuyigbe had gone to courtroom on twenty fourth July 2015, saying that the choice and approval contravened the State’s Chieftaincy Regulation.