By Olajumoke Agboola
Government of the State of Osun has been accused of flagrant disobedience of a court order by commencing the process of installation of a village head, Chief Sunday Akinwale as the traditional ruler of Eko Ajala in Ifelodun Local Government area against the court pronouncement.
The Elende of Eko-Ende, Oba Abdul Raufu Olaniyan Ajiboye, in whose jurisdiction the village is situated in a protest letter on Tuesday, accused the government of commencing the process of the installation of Akinwale against the ruling.
The monarch recalled that in an ex parte motion on behalf of the members of Eko-Ende land, he had prayed the court to order the defendant and Osun State Government to maintain the status quo pending the hearing and determination of the suit.
In its ruling, the court granted interim injunction restraining the state government from elevating, installing or presenting staff of office to Chief Akinwale, as a recognized king in the state.
Ajiboye had argued that they were the owners of the land occupied by Baale of Eko Ajala, Chief Sunday Akinwale and further stated in the suit that it was out of magnanimity that they granted land to Akinwale’s forebears to engage in subsistence farming.
“The state government and state Commissioner for Local Government and Chieftaincy Affairs are making surreptitious moves to take away our right and elevate the status of chief Akinwale without our consent and against the ruling of the court of competent jurisdiction”.
According to the copy of the court ruling attached to the letter, an Osun State High Court sitting in Ikirun, which was presided over by Hon. Justice Olajide Falola on November 8th, 2018 had frowned at the counter affidavit filed by Akinwale for not carrying necessary signature of the deponent, in line with the dictate of the law.
He struck out the counter affidavit to the motion, arguing that the application does not exist in the eyes of law.
According to him, “The Counter Affidavit of the 4th Defendant/ Respondent filled on 18/9/2018 was not signed by the deponent, Chief Sunday Akinwale, who described himself as Baale of Eko Ajala (the 4th Defendant /Respondent himself).”
“This is an irredeemable tragedy and a fundamental vice that cannot be cured or waived. This court cannot look at the Counter Affidavit because it does not exist in the eyes of the law. The Counter Affidavit to the motion is therefore summarily struck out”.
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