Osun State High Court on Thursday nullified Prince Josiah Adeleke Oyewole Awolade as Olaaresa of Masifa appointed by Governor Gboyega Oyetola.
Justice Oyejide Falola declared that the appointment of Awolade was illegal and the Office of Ola-Aresa of Masifa-Ile, the traditional ruler of Masifa-Ile is still vacant to date.
The court ruled that the State Government has been misled into taking an illegal action which might not have been deliberate because it is unusual.
Recall that Governor Oyetola last Wednesday, August 24, announced Prince Josiah Adeleke Oyewole Awolade as Olaaresa of Masifa in Ejigbo West Local Council Development Area (LCDA).
According to a statement signed by the Commissioner for Information and Civic Orientation, Funke Egbemode, last week disclosed the stool Olaaresa of Masifa became vacant on April 23, 2018, following the death of Dr Mathew Olayiwola Oyekale.
But in suit no: HEJ/5/2020, the complaints, PA. Avid Falade Tomori Head Lateru Ruling House, Masifa-Ile of Alaake’s Compound, Masifa-Ile Town, Deacon D.A. Sangodele (JP) and Mr Ilufoye Oyediran dragged Prince Awolade and six others before the High Court on Monday over the chieftaincy.
Earlier, on August 25, Justice Falola gave an order for setting aside all the processes leading to the selection, nomination, appointment and installation of Prince Awolade, 2nd Defendant/Respondent in the suit to fill the vacant stool of Olaaresa of Masifa-Ile or any agency of Osun State Government during the Pendency of this suit pending the hearing and determination of Motion on Notice.
The court in the Ex-Parte ruled that “It is obvious from the Claims and Counter Claims that the stool of Ola Aresa of Masifa is in dispute, and there are injunctive reliefs pending against the 2nd Defendant and his family. Based on that it is glaring that the 2nd Defendant is fully aware of the implication of these reliefs.
“Based on the above, I shall, instead of granting the Motion Exparte for injunction frontally, order that status quo as at the last sitting date held by my Learned brother L. 3. Arojo Judge, on 27th May 2022 be maintained pending the Hearing of the Motion on Notice which has been filed.
“The parties shall not proceed further that events that took place before the substantive Judge in this matter until the pending Motion on Notice are heard and determined.”
However, the court today ruled that the position of the Law is that once parties are served, or aware of the pendency of a suit, all, without exception, should await the outcome, and abide thereof, the decision of the court.
“The Motion is not mature yet, but the submission of Mr Fayemiwo of Counsel to the 6th 7th Defendants which was adopted by I.T. Tewogbade, of Counsel to the Plaintiffs says it all.
“The majesty of the court is being dragged in the mud and the power of the court to make Order is being challenged. The Government ordinarily upholds the law, and there is a need to warn whoever might have misled the Government to take caution.
“Only a few weeks ago the Court of Appeal, Akure berated the Government adviser for misleading it into taking another illegal action, with respect to Alawo of Awo Chieftaincy stool.
“Whosoever is claiming to occupy that Office should be investigated and if found guilty, be cast away. Indeed this is a challenge to the power of My Lord Arojo J. to defend the law because the Defendants have dangerously poked their fingers at his eyes, so to speak.
“Having said all these, I hereby return the case file to the substantive Judge, High Court Justice, Ejigbo, my brother, Hon. Justice L.O. Arojo, to continue from where I stopped. His lordship should preserve the majesty of the Court, and uphold the vitality and importance of The court and its decision. In this lies the peace and progress of the society, as well as good governance.”
