Justice Mathias Dawodu of a Lagos State High Court, Ikeja has granted an order of substituted service of Form 48 by publication against the Attorney-General and Commissioner for Justice, Mr. Lawal Pedro, SAN, Bolaji Kayode Robert, Commissioner for Local government and Chieftaincy Affairs of Lagos State and others.
The presiding judge granted the order on Monday following a Motion Exparte filed by the claimants in the suit marked ID/12044GCMW/2024.
The Claimant Counsel, Mr. Morufu Akogun while moving the motion experte told the court that the motion is dated May 6, 2025.
He said the application is seeking an order of the court for an order of substituted service of notice of Form 48 on the contemnors by publishing in a national newspaper.
The lawyer further stated that the contemnor are; Attorney General of Lagos State, the Commissioner for Local Government and Chieftancy Affairs, Chairman Amuwo Odofin Local Government, Chairman Chieftancy Committee, Amuwo Odofin Local Government and Sulaimon Surajudeen Aro.
The motion experte which was brought pursuant to Order 9 Rule 5(1) and (2) of the High Court of Lagos Civil Provedure Rules 2019 was in accompanied by an affidavit of seven paragraphs deposed to by Sheriff Adetoye Oluwabunkunmi assigned to effect service of Form 48 on contemnors and others subsequent processes.
In the affidavit, Oluwabunkunmi averred that he had made several attempts to serve the respondents the court processes but proved abortive.
Earlier in the proceeding, Mr. A. Bashua (SAN) announced appearance for the 5, 6, and 7 defendants, while Mr. A.A Osaro represented the 4th defendant in the suit.
The Defendants Counsel informed the court that they filed preliminary objection and served on the claimant counsel.
Akogun however acknowledged the service, and told the court that the application was not ripe for hearing, and emphasised that the court had on January 15, 2025 ordered parties to maintain status quo pending hearing of interlocutory injunction dated October 11, 202.
Akogun further submitted that the first to fourth defendant in flagrant disobedient of the court went to install seventh respondent as Oba Abule-Ado.
It would be recalled that the claimants in the suit filed by Alhaji Rafiu Owolabi Teslimi and nine others on behalf of themselves and members of Sanusi Olawumi family of Abule-Ado, Amuwo Odofin area of Lagos State.
Other claimants in the suit includes: Alhaji Taiwo Hassan Tesilimi, Mr.Dauda Mojeed Lasisi, Chief Jelili Obanla Lasisi, Alhaji Wasiu Ramon Bisiriyu, Mr. Nurain Yinusa Bisiriyu, Alhaja Lateefat Agbaje, Mr. Akeem Agbaje, Alhaji Jamiu Balogun and Mulikat Balogun.
Aside Lagos AG, Mr. Pedro (SAN), other respondents includes: Commissioner for Local Government and Chieftaincy Affairs, Lagos State, the Executive Chairman, Amuwa Odofin Local Government, Chieftaincy Committee Amuwo-Odofin Local Government, Prince Eniola Adeshina Muftau Ado, Babatunde Semi Bakare, Sulaiman Surajudeen Aro and Alhaji Nurudeen Abu as first to eight defendants.
In the claimants suit, they asked the court for an order restraining the defendants from recognising or approving the presentation of any staff of office to the 5th to 8th defendants or anybody from the defendants family to be crowned.
In support of the motion on notice, they filed a 91 paragraphs affidavit sworn to by the first claimant, Tesilimi.
Tesilimi averred that the claimants progenitor being the founder and first settler family having been the first Baale and subsequent Baales were from Oteyi-Odan.
He posited that the progenitor of Sanusi Olawunmi was never rotated between the claimants and the defendant prior to the inquiry report. That the claimants be made a ruling house and entitled to produce the next Oba Abule-Ado village.
He stated that, “Memorandum of Obaship of Abule-Ado of May, 2024 was forwarded to the office of the 14th defendant stating the historical facts and grounds as to why the claimants be allowed to nominate a candidate for the vacant stool of Ado Village.”
The claimants also averred that in all these legal claims of the claimants’ family with government, individuals and community dwellers one critical point that stood out is that the claimants’ family history, ownership of the land settled upon by Oteyi-Odan, their progenitor himself and Baaleship geneology in Abule-Ado have always been protected and upheld by the government and public authorities.
Further hearing of preliminary objection was adjourned till June 30, 2025.
