The traditional ruler is asking the court to commit the two government officials to prison for installing and giving recognition to one Mr. Ganiyu Ajiboye as the Alago Oja of Ago Oja in Oyo town, contrary to the orders of two different courts of the state.
The monarch, through his counsel, Mr. Adeola Omotunde, took the latest step following the refusal of the defendants to comply with the rulings of the court on the subject matter.
He also sought the order when it became clear that the defendants were not making themselves available to receive the court notice.
Omotunde had, on behalf of the Alaafin, approached Justice Adegboye Gbolagunte of the State High Court, Ibadan for substituted service of Form 48 and other subsequent documents relating to the matter on the respondents, based on contempt of court allegation.
In an Enrolment Order dated May 18, 2011, Justice Gbolagunte had granted the order for substituted service of the Form 48, asking for committal to prison of the three defendants in the suit marked No. HOY/46/ 2006.
In the order, the court had granted Alaafin’s request to either paste or drop the form within the premises of the Government House, Ibadan for the outgoing governor; premises of the Ministry of Justice, Ibadan for the Attorney-General; and the official residence of Ganiyu Ajiboye.
Alao-Akala had during his 11-month rule in 2006, which was later declared illegal by a court, appointed, installed and recognised Ajiboye as Alago of Ago-Oja, in the Atiba Local Government Area, which is within the Alaafin’s domain.
Justice O.A. Akinola in his ruling of February 19, 2007 in the suit marked HOG/14/2006 and Justice J. A Fabiyi-led Court of Appeal ruling in suit No. CA/1/M267/07, delivered on April 30, 2008, had ordered that “the creation, appointment and installation of Baale Ago Oja was illegal, null and void, unconstitutional.”
He ruled that Ajiboye must vacate the official residence he occupied and stop parading himself as a traditional chief.
Having flouted the orders, the Alaafin returned to court to prefer a contempt charge against the three defendants.
In his judgment, Justice Akinola had declared the title of Baale Ago-Oja as “non-existent, illegal, unconstitutional, null and void,” adding that the certificate of office issued him was a “worthless piece of paper.”
Similarly, an Appeal Court sitting in Ibadan, Oyo State capital, comprising Justice J. A Fabiyi, Justice I. Thomas, and Justice C.N Uwa in suit No. CA/1/M267/07, had ruled on April 30, 2008 that the order made by Justice Akinola, pronouncing the installation of Ajiboye as illegal, unconstitutional, null and void and of no effect, was still subsisting.
In this latest move, the Alaafin want the court to put a stop to the violation of court orders by Alao-Akala and his commissioner.
By Olalekan Adetayo Courtesy Of: Punch
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