OBARO CHIEFTAINCY TUSSLE: COURT RULES THAT MOTION NOT RIPE FOR HEARING, URGES STATUS QUO TO REMAIN.
A Lokoja high court Thursday ruled that a motion of interlocutory injunction brought before it by the Ilajo Royal family against Chief Dele Owoniyi as the Obaro of kabba was not ripped for hearing.
The Ilajo Royal family through its counsel, Lawal Rabana ( SAN) had on Tuesday October 16 filed an interlocutory motion to restrain the state government from coronating Owoniyi on Saturday as the Obaro of kabba on the ground that the said appointment was politically motivated as Owoniyi did not come from the Royal family.
Chief Owoniyi through his own counsel Akinlaja (SAN) consequently filed a notice of preliminary objection on the issue of jurisdiction of the court to hear the matter.
When the case came up for hearing Thursday, the trial judge Justice S.O Otu after hearing the arguments of both counsels said the rule of the court is that respondents have seven days within which to respond to motion.
The court therefore ruled that the motion on notice and the notice of preliminary objection brought before it are not ripe for hearing.
The court consequently ordered that no party in the case should take any further step until the case is brought for hearing.
In the word of the trial judge ” I will need to emphasize that it is trite that where parties have cone before the court in its exercise of its statutory empowered adjudicatory functions, patties have always been aware that if any or all of them should take further steps to foist a fait accompli while the suit is pending, the other party is at liberty to urge the court to come heavily on that party and have the offending conduct nullified.
” This is the position of the law in this country, I need not say more” he added.
The judge thereafter adjourned the case till 12th November for hearing.