An Osun State High Court, sitting in Ejigbo, today dismissed the suit filed against Osun State Government on the selection of Ara kingship and consequent enthronement of Alara of Ara,Oba Dr. Olubayo Adesola Windapo.
Prince Emmanuel Oladejo Ilufoye and three others had jointly filed the suit against the installation of Alara of Ara, Oba Dr. Olubayo Adesola Windapo.
The Plaintiffs had earlier informed the Court
that the Customary Law regulating the selection of a candidate to fill the vacant stool of Ara, whenever it occurs, was not followed.According to them, the flouted Chieftaincy Declaration was registered on the 1st day of June, 1979.
Barrister Moses Faremi,representing Ministry of Justice and state Governor of Osun State,told the court that the plaintiffs had failed to comply with the laid down procedure stated in the section 19 and 20 of the Chiefs Laws Cap 25, Laws of Osun State 2002.
After the kingmakers must have selected the oba elect, among the contestants, aggrieved parties have 21 days to petition the Governor who takes a decision on appointment of Obas,Faremi stated.
Barrister Faremi then advanced that the decision to challenge the action of the kingmakers in court is an abuse of process.
Justice Lawrence Arojo held that the court lacks the jurisdiction to determine the suit filed by aggrieved parties and agreed with the State Counsel, Faremi Moses that the case of the plaintiff is preemptive and premature.
Justice Arojo also said that administrative remedy provided for under section 19 and 20 of chiefs Laws of Osun State was never exhausted before the plaintiffs approached the Court.
Justice Arojo therefore ruled that the suit filed to challenge the installation of Alara of Ara,Oba Dr. Olubayo Adesola Windapo is dismissed.
Ministry of Justice.