The Legal Tussle instituted by Dr Rotimi Ogunlade Challenging the installation of chief Segun Ojo as Odofin In Odo-Ayedun Ekiti has been struck out by an Ekiti High Court sitting in Ikole Ekiti
Delivering the judgment in the case, with suit number HCL/5/2018, Justice Blessing Ajileye pronounced that one of the respondents, Mr Segun Ojo has not shown that his interest was unpreserved, challenged or being threatened, hence has no reasonable cause of action in instituting the suit.
Justice Ajileye ruled that Section 13 of the Chief Law (Cap C5) showed that only an aggrieved party to a decision or unsatisfied with the decision of a prescribed authority arising from a dispute can make representation to the Executive Council within 21 days from the receipt of the notification from the prescribed authority.
The justice said the respondent installation is not being challenged and if challenged, the same is not in the instant suit.
”I think it is the 1st Defendant that should be called the aggrieved person from the fact in the statement of claim, having taken steps to show that he is interested in the installation process and having not been installed as the Odofin-Odo Ayedun.
“If anyone at all should be aggrieved at the subsequent installation of the 1st defendant by the 2nd defendant, I think it should be the prescribed authority who is the recognised chief of the town over the appointment of minor chiefs in his domain and having the right to exercise any other power incidental to his authority which includes challenging the usurpation of his authority by any other person.
“At this stage, my considered view is that it is the prescribed authority that may determine the dispute and where his decisions are or are not satisfying, the unsatisfying person may make representation to the Commissioner for Chieftaincy Affairs within 21 days.
”I do not think the applicant has a reasonable course of action on bringing this suit; consequently, this suit is premature, same is hereby struck out,” she ruled.