The Supreme Court of Nigeria has struck out an appeal filed by Micheal Onakoya against the decision of the Lagos Division of the Court of Appeal which affirmed the judgement of the lower court that dethroned him as king and Orijeru of Igbooye land, Epe.
In a judgement delivered on April 29, 2024 in suit SC//CV//969/2024 by their Lordships, Justice Adamu Jauro, Justice Chidiebere Nwaoma, Justice Obande Festus Ogbuinya, Justice Stephen Jonah Adah and Justice Ohammed Baba Idri of the apex court held that the appeal was filed out of time.
The ruling of the Supreme Court was read by Justice Jauro, the presiding Justice.
It stated in part: “The court observed that the Notice of appeal on page 442 of the record was filed on 29/06/2020 against the decision delivered by the Court of Appeal Lagos Division on 26th March, 2020 which was out of the time prescribed by Section 27 of the Supreme Court Act. Though the learned Prof. Yusuf Ali (SAN) for 7th respondent has urged the court to hear the appeal. We do not deem it proper to hear an incompetent appeal.
“Consequent upon the foregoing the Notice of Appeal filed 29/06/2020 in Appeal No. SC/969/2020 is incompetent having been filed outside the time prescribed by the Section 27 of the Supreme Court Act and it is hereby struck out.
“Notice of appeal struck out. No order as to costs.”
The justices noted that the appellant’s counsel was not in court despite being duly served hearing notice for proceedings which held on April 29, 2024.
The 1st to 6th respondents in the appeal were represented by Babs Animashaun, and the 7th respondent was represented by Prof, Yusuf Ali (SAN) with Adams Olori Aje, Alex Okoja, Sefinat Lamidi and Kehinde Salimon.
While the 8th and 9th respondents were represented by A.O. Muheed, Deputy Director, Lagos State with Florence Pius Anyador, a Chief State Counsel and O. Osusanya, an Assistant Chief State Counsel.
The Court of Appeal, Lagos Division had in March 2020 affirmed the judgement of a Lagos High Court sitting in Igbosere which dethroned Michael Onakoya as the traditional ruler and Orijeru of Igbooye land, Epe.
Dissatisfied, the deposed king had approached the Court of Appeal and sought the order of the court to set aside the judgement of the lower court delivered on April 19, 2016 by Justice Iyabo Kasali.
But the three-man panel of the appellate court, Justice Mohammad Lawal, presiding, Justice Ugochukwu Ogakwu and Justice Jamilu Tukur, in a unanimous decision, dismissed the appeal filed by the deposed monarch.
The justices of the Court of Appeal held that the application to filed by the former king of Igbooyeland was lacking in merit.
In the judgement read by Justice Tukur, the justices of the upper court upheld the two issues raised for determination of the court by the first to sixth respondents and seventh respondents in their respondents briefs settled by T.A. Dairo and Yusuf Ali (SAN) respectively.
The appellate court held that the first to six respondents have locus standi to institute the suit filed at the Lagos High Court.
The justices of the appellate court also agreed and granted the relief sought by the respondents that the appellant/claimant, Micheal Onakoya, is not a member of the Ewade Ruling House of Igbooye land and is not entitled to be appointed as an Oba (king) on the platform of the ruling house.
The appellate court refused to award any cost as it ordered parties to bear their respective cost.
While Onakoya is the appellant, the respondents included Alhaji M.A. Quadri, Mrs. Oladipe Otunowo, Chief Gbenro Otunowo, Otunba Abdulwasiu Musa-Adebamowo, (Head of the Ewade Ruling House), Lagos State Government and Attorney General of Lagos State.
Justice Kasali, in her April 2016 judgement, granted all the claims of the claimants in the suit filed through their counsel, Tunde Oyende.
She declared that “The second defendant (Micheal Gbadebo Onakoya) is not a member of the Ewade Ruling House of Igbooye in Epe Local Government Area of Lagos State and is not entitled to be nominated to the stool of the Orijeru of Igbooye.
“The court “perpetually” restrained Onakoya from parading himself as a member of the Ewade Ruling House of Igbooye, Epe, the traditional ruler and Orijeru of Igbooye land of Epe Local Government.”
She had declared the nomination of the second defendant, Onakoya, to the stool of Orijeru of Igbooye as illegal and of no effect.
Justice Kasali had also declared: “That all the other defendants are hereby perpetually restrained from recognising the second defendant (Micheal Gbadebo Onakoya) as a member of the Ewade Ruling House of Igbooye.
She held that:“The second defendant counter/claimant’s claim fails in their entirety and they are dismissed.”
The trial judge also described as fraudulent, the documents used by the deposed monarch for his nomination, selection and subsequent recognition by government for the stool of Orijeru of Igbooye land.
She agreed that the claimants were not aware of nor participated in the meetings purportedly held by the Ewade Ruling House in August, 1991 which culminated in his (Onakoya’s) unlawful nomination.
She also agreed with the claimants that they were not aware of the presentation of the second defendant to the state government.
“The members of Ewade Ruling House only became aware of the true but hidden and secret fact that the second defendant had assumed the stool of Igbooye, before he was deposed, on the platform of Ewade Ruling House when they saw the letter ref. EP. 181/134 dated 26th February, 2003 addressed to the second defendant “in care of Ewade Ruling House” in the course of frontloading processes in suit ID/1472/92: Adesada v. Lagos State Government which was decided on October 15, 2008 by this Honourable court”, the court held.
Justice Kasali said it was necessary for trial courts to take a stand against illegality and ensure that justice is done at all times.
Earlier, Justice Habib Abiru, (now a Justice of the Supreme Court) while a judge of of Lagos High Court had in 2008, in suit no ID/1472/1992, dethroned the embattled monarch from the stool of Orijeru of Igbooyeland.
Justice Abiru declined to stay execution of his judgement in a ruling delivered on October 15, 2009 and likewise the trio of Justices C.C. Nweze, R.N. Pemu and F.O. Akinbami of the Court of Appeal on Februaryý 27, 2013 in a different applications filed by the deposed monarch.
The Lagos State government had on May 17, 2016 banished the deposed monarch from Igbooye town following the two judgments by Justice Habib Abiru (now of the Supreme Court) delivered in October 2008 and Justice Iyabo Kasali delivered in April 2016 after his dethronement as the Orijeru of Igbooyeland, Epe.
The letter banishing Onakoya from Igbooye, Epe was signed by the then Permanent Secretary, Ministry of Local Government and Community Affairs, Sanuth J.A.B. and also ordered him to stop parading himself as the Orijeru of Igbooye until another judgement setting aside the two judgements of the High Court.
The letter advised him to stay away from the community in order to prevent any breakdown of law and order until situation is reversed.
However, following his appeal to the state government, the banishment of the deposed monarch was reviewed and was allowed to return home based on provisions of Section 37 of the Obas and Chiefs laws.
The directive dated April 25, 2017 signed by Permanent Secretary, Ministry of Local Government and Chieftaincy Affairs, Fola Padonu, instructed the deposed monarch to return to Igbooye “as an ordinary citizen of the community pending the final determination of your case; that you will not parade yourself in any manner whatsoever or act in any capacity and use of other regalia as an Oba within the administrative division where the community is located.
“It further instructed him to ensure that his return “will not incite the breakdown of law and order, or in any way disturb the peace of the community”.
He was also barred from engaging “in any act capable of disturbing the peace, order and good governance of the community and environs” among other directives.
