Akungba Kingship Tussle: Counsel To Oba Alale Elect Gani Ashiru *Writes Akeredolu To Expedite Action On Execution of Supreme Court Judgement On Alale Stool Which Is Clear& Remain Sacrosant & Must Be Obeyed*
Knocks Ayenakin For Misleading Public Over Supreme Court Verdict On Alale Stool
Challenges Him To Provide Purported Notice Of Appeal To Public
Says Sunday Ajimoh & His Team Are Running Foul Of Contempt Of Court
Sequel to frivolous claim by the counsel to One Sunday Ajimoh who was illegally installed as Alale of Akungba Akoko, Barister Olabanjo Ayenakin, over the supreme court judgement on Alale stool which terminated the protracted legal tussle on the matter in favor of Prince Oseni Isiaka Adu from Agure/Mokun Branches Of Ole Ruling House, Counsel to Oba-Elect Gani Ashiru Esq noted that it is regrettable that such ranting is coming from a learned colleague who ought to have had adequate knowledge of the laws in educating the public on the issue at hand but instead chose to be promoting illegality.
Barister Olabanjo Ayenakin, in his claims, said it would be an executive recklessness if Governor Akeredolu removed Prince Sunday Ajimoh as Alale due to an alleged pending motion at the supreme court on the matter, calling for statuesque to remain.
However in his reaction, Counsel to the Oba Alale Elect, Gani Ashiru Esq maintained that there was no any motion pending at the Supreme Court, arguing that it was the appeal, filled by the
Ajimoh’s family, challenging the appellate court judgement which affirmed prince Oseni Isiaka Adu from Agure/Agure Mokun Branches Of Ole Ruling House as the Alale Elect Of Akungba Akoko that the Supreme Court struck out for lacking merit.
“What the learned counsel was claiming to be an appeal was just a motion for leave and going by the trends of things in our jurisprudence is that a person in contempt of court cannot and will not be heard. Judgement of the court until set aside remain sacrosanct”
“He added that What Oba Sunday Ajimoh and his team are doing is clear contempt of court”
He maintained that all the matters concerning the election of Prince Oseni Isiaka Adu as the authentic Alale of Akungba Akoko has been resolved in favor of the Oba Elect, appealing to Governor Oluwarotimi Akeredolu to execute the judgment.
Gani Ashiru Esq while supporting his argument with various case laws insisted that execution of supreme court judgment on Alale stool is mandatory upon all persons and authorities.
He explained further that he has also written a soft reminder to Governor Oluwarotimi Akeredolu SAN on why the Governor should not be distracted by various lies and insinuations on social media about Alale stool but rather implement the supreme court judgement in favor of prince Oseni Isiaka Adu from Agure/Mokun Branches Of Ole Ruling House as the Oba Elect in the interest of fairness and justice.
GANI ASIRU CHAMBERSOKORUN/OKORE MARKET ROADOKORUN QUARTERSIKARE -AKOKO, ONDO STATE07034714541In Chambers:-Mallam Gani Asiru LLB (Hons) BL; LLM (Head)Goke Akadiri Esq. LLB (Hons); BLBalogun Ibrahim Oluwafemi Esq. LLB (Hons), BLIfebuka John-Mary Esq. LLB (Hons), BL22nd November, 2022.ALALE OF AKUNGBA SUPREME COURT CASE- REJOINDR ON THE RELEASE ISSUED OUT BY THE ‘ALALE COUNSEL’Our attention has been drawn to the press release by our learned colleague for the Appellant in the SC. 155/2018 JULIUS OLANIPON V. PRINCE OSENI ADU & ORS as published in various On Line media on Thursday 17th of November 2022. Weread the whole contentS and it is regrettably that such statement from a member of legal profession.It is very interesting that our colleagues opined that to have removed the current Alale of Akungba from office would have been Executive recklessness on the part of Mr. Governor and advocated that status quo be maintained in the matter. In the said released he relied heavily on the case of Governor of Lagos State v. Ojukwu & 1or! It is on the basis of these references and authorities that we are forced to make this rejoinder.In the first place, one may ask what is status quo in the Alale’s case?In law Status Quo Ante Bellum is the position of things at the beginning of the hostilities. This is the situation at the eve of issuing the writ pf summons or commencing an action. Marrying this t this case, the status quo in the case was the position of thing on 13/9/2007 when Prince Julius Olaniipon & one other took out the writ against Alhaji Oseni Adu and others at the High Court of Justice Akure Division. In their statement of claim, the Ajimoh family which Oba Isaac Sunday Ajimo belongs aver claim that the kingmakers had taken a decision by electing Prince Isiaka Oseni Adu as the Alale of Akungba and the Local Government Chairman has forwarded the name of Prince Isiaka Oeni Adu as the Alale waiting for the approval. This was the situation as at the time of instituting Suit No AK/195/2007 supra. His Lordship delivering the judgement in the case dismissed the plaintiffs’ case and held that Prince Isiaka Oseni Adu is the Alale elect and that no other name should be sent to the State Executive Council. The Ajimo family appealed to the Court of Appeal which in its judgement the appeal was dismissed and the judgement of the trial high court upheld. While the appeal was pending the then state government under Dr. Olusgun Mimiko in collaboration with the Ajimo and others appointed the current Alale as the Oba of Akungba. Julius Olanipon appealed and the Supreme Court struck out the appeal. It is the appeal that was struck out and not the motion. As at now there is no appeal filed at the Supreme Court on the matter. What the learned counsel was claiming to be an appeal was just a motion for leave and going by the trends of things in ourjurisprudence is that a person in contempt of court cannot and will not be heard. Judgement of the court until set aside remain sacrosanct.The learned counsel is saying that status quo be maintained. If status quo be maintained, there is no basis for Oba Isaac Sunday Ajimo to be in the office as Alale because he was appointed when the case was pending at the court of appeal and in flagrant disobedience of court order. It is a case of appointment pendelite.Going by the decision in the case of Governor of Lagos State v. Ojukwu & 1 or supra, Oba Isaac Sunday Anjimoh shouldn’t have been appointed in the first place in view of the order/judgement of the High Court and that of the Court of Appeal. The appointment was executive recklessness to borrow the pronouncement of their lordships of the Supreme Court in Ojukwu’s case supra.Is there any appeal on the matter? I challenged the learned counsel to make available the notice of appeal to the public. It is an elementary principle of the law that until the appellate court received the record of appeal all application in respect of the matter is to be first made to the lower court from which the appeal emanates,a record of appeal cannot be compiled until notice of appeal is filed which notice must be fled at the registry of the lower court. What Oba Sunday Ajimo and his team are doing is clear contempt of court and regrettably we as counsel that should uphold rule of law are assisting him on this. We are not challenging their right to appeal, but as the Court of Appeal held in the recent case of Federal Government v. ASUU, the appellant must comply with the order of the trial court as affirmed by the court of appeal before applying for leave. We are sure if the attention of Mr. Governor has been drawn to this, he wouldn’t have withheld his assent to the removal of any person appointed as an Oba in contempt of the two superior courts.In not dissimilar case of Olanipekun v. Olanipekun the high court ordered that no further step should betaken in the appointment process of Zaki of Arigidi but the executive went ahead in flagrant disobedience of the court order to approve a candidate, the High Court made an order setting aside the appointment and the court of appeal upheld the decision.It is clearly misleading the release by the learned counsel as there is no appeal on the matter right now.It should be noted that we are not challenging the right of Mr. Governor in not executing the judgement of the High court as affirmed by the court of appeal. We wrote His Excellency praying him to do the needful, we are yet to receive his response to our prayer. The execution of the judgement of court is mandatory upon all person and or authorities.We are not arguing our case before the press but just to correct the mis-information to the public.This is just our brief reply.Mallam Gani AsiruCounsel to Agure & Mokun branch of Ole Ruling House.
GANI ASIRU CHAMBERSOKORUN/OKORE MARKET ROADOKORUN QUARTERSIKARE -AKOKO, ONDO STATE07034714541In Chambers:-Mallam Gani Asiru LLB (Hons) BL; LLM (Head)Goke Akadiri Esq. LLB (Hons); BLBalogun Ibrahim Oluwafemi Esq. LLB (Hons), BLIfebuka John-Mary Esq. LLB (Hons), BL22nd November, 2022.His Excellence Arakunrin Rotimi AkeredoluSAN,The Executive Governor of Ondo State,Governor’s Office,Akure.Your Excellency,RE-ALALE OF AKUNGBA IN AKOKO SOUTH WEST LOCAL GOVERNMENT AREA ISSUEWe are the counsel to the Agure and Mokun branches of Ole Ruling House of Alale of Akungba chieftaincy. We have written letters to your exerted office on the issue of Alale of Akungba in the Akoko South West Local Government. We are yet to receive your Excellency response. We appreciate the load of works which your Excellency have to contend with. We on behalf of our client pray that God in His infinite mercy give you more strength and wisdom in discharging the burden.At the risk of repetition. Alale of Akungba Akoko is a recognised chieftaincy under the Chiefs’ Law of Ondo State. The stool was vacant for quite sometime. In the year 2007, following the directive of the Ondo State Government the process of appointing a successor was commenced leading to the nomination and election of candidate of which Prince Isiaka Oseni Adu emerged and his name was forwarded to the State Executive Council for approval. However, the Ajimoh branch of the Ole ruling house went to court by the institution of Suit No. AK/195/2007 praying the court to stop the approval. The Agure and Mokun counter claimed. At the end of the trial, the Ajimo’s claim were dismissed and the reliefs contained in the counterclaim of our clients granted. The court ordered that the Government should not consider any list other than the one whichproduce Prince Isiaka Oseni Adu. The court further declared Prince Isiaka Oseni Aduas the Alale elect. Dissatisfied with the judgement the Ajimo branch went to court of appeal to challenge the judgement of the trial high court, the appeal was dismissed. They further went to supreme court but the appeal was struck out.It should be noted that when the appeal was pending at the Court of Appeal Akure your predecessor in flagrant disobedience to the order of the court went ahead to appoint Oba Isaac Sunday Ajimo as the Alale of Akungba. It is this violation of rule of law that we are inviting and praying your Excellency to correct and we are so sure that judging from your antecedents towards rule of law, your Excellency will accede to our request and prayer. The law is clear, until set aside, judgement of court remains sacrosanct and must be obeyed.We pray God to give you wisdom in handling the matter.Accept the assurance of our clients’ utmost regards.Mallam Gani AsiruPP: GAN ASIRU CHAMBERS.