Soun judgments: Confusion grips Oyo over conflicting verdicts from same judge
…State govt was set to hand Olaoye staff of office
…Appeal Court may settle matter
…Leal team assembled
By Peter Fowoyo
There is confusion in Oyo State following two conflicting judgments that emanated from Justice K. A. Adedokun of the State High Court, sitting at Ogbomosho, on the selection and approval of Prince Afolabi Olaoye as the Soun of Ogbomosoland.
Many residents are still confused as to the rationale behind the two diametrically opposed judgments even as The Daily Times gathered that a legal team has been assembled by the palace of the removed Soun to study both judgments with the intention to appeal his judicial dethronement.
Justice Adedokun had in a judgment delivered on 3 October, 2023, in suit number HOG/20/2022 between: Alhaji Adeyemi Taofiq Akorede Olaoye and Pastor Afolabi Ghandy Olaoye and others, held that the appointment of the 1st defendant as Soun-elect by the Soun Ogbomoso kingmakers that are statutorily empowered to carry out the selection /appointment of Soun of Ogbomosoland, are valid, legal and binding.
At that time the judge had held that: “The selection and appointment of the 1st defendant by the kingmakers as the Soun-elect in line with the Soun Chieftaincy Declaration conducted on the 22th March, 2022 and submitted to the 2nd defendant for final approval as the consenting authority on 23 March, is the only valid, legal and subsisting selection and nomination as Soun of Ogbomosoland.
“That as far as the facts of this case are concerned, all actions and steps so far taken by the 5th, 6th, 7th, 8th, 9th and 10th defendants in order to give effect to the provisions of Soun Chieftaincy Declaration of 1958 in the selection and appointment of the 1st defendant as Soun-elect by the Soun Ogbomoso Kingmakers that is statutorily empowered to carry out the selection /appointment of Soun of Ogbomoso land are valid, legal and binding.”
The listed defendants are: 1st,Pastor Afolabi Ghandi Olaoye; 2nd, Governor of Oyo state; 3rd, Attorney General and Commissioner for Justice; 4th, Hon. Commissioner for Local Government and Chieftaincy Matters Oyo state; 5th, Ministry of Local Government and Chieftaincy Matters Oyo state; 6th, Ogbomosho North Local Government; 7th, Chief S. S. Otolorin (JP); 8th, Chief Salawu Ajadi; 9th, Chief Tijani Abioye; 10th, Chief David Adeniran Ojo; and 11th, Chief Yusuf Kasali Oladipupo.
However, 21 days after the judgment, Justice Adedokun, in a sister suit marked HOG/27/2022 between Prince Muhammed Kabir Olaoye and Pastor Afolabi Ghandy Olaoye, set aside his earlier judgment and restrained the monarch from parading himself as Soun of Ogbomoso.
He also him to stop holding himself out for any ceremony of installation and /or coronation or wear any regalia portraying him as the occupant of the stool of Soun of Ogbomoso.
The judge explained, thus: “For the avoidance of doubt, let me state that the decision of this Honourable Court delivered on 3rd day of October, 2023 in Suit No: HOG/20/2022 Between Alh. ADEYEMI TAOFIQ AKOREDE OLAOYE V. PASTOR AFOLABI GHANDY OLAOYE was made per incuriam without having the benefit of the Supreme Court decision in Prince Ademolu Odeneye V Prince David Olu Efunuga(Supra) and Court of Appeal decision in Prince Adeyeye Oyerinde & ORS V.Oba Jimoh Oyewumi.”
Confusion quickly ensued over interpretation of the two judgments with some reports claiming that the judgments should be challenged at the Court of Appeal for a clearer understanding.
Sources revealed that the State Government Secretariat had welcomed the first judgment and even moved plans into top gear to hand the staff of office to Oba Olaoye Ghandi.
Since the second judgment, several lawyers have expressed surprise at the judge overruling himself within a month as, according to them, the court was no longer functional to deal with issues raised in the second judgment.
They argued that the judge being functus officio is no longer in a position to adjudicate on the matter, pointing out that only another court could have applied the per incuriam rule when faced with two conflicting authorities.
The rule literally means ”through lack of care”, meaning a previous court judgment failed to pay attention to relevant statutory provision or precedents.
The lawyers stated that while the appellate courts may eventually settle the matter, saying the State Government may rely on the first judgment and conclude the installation rites.
Also, a palace source told The Daily Times that the judgment would be appealed, urging the people to be calm.
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“The case will definitely be appealed and so, people should not fret. In the case instituted by Prince Olaoye, the judge said the process was proper and valid but now the same process is faulted. It is conflicting, the Appeal Court will resolve that. People should be calm,” the palace source said.
The State Government had announced Olaoye as the new Soun and made him king on September 8, 2023.
Olaoye was a pastor of the Redeemed Christian Church of God (RCCG).
