A prominent lawyer, Barrister Banjo Ayenakin, the lead counsel to the Alale of Akungba, Oba Isaac Sunday Adeyeye, Ajimo III, has revealed that Ondo State Governor, Arakunrin Oluwarotimi Akeredolu SAN, would probably have been led astray to take improper action on the state of Obaship matter in the varsity town, if the Senior Advocate is not a learned member of the noble wig and gown profession.
“He would have been led astray on the legal issue of Obaship Stool of the University community of Akungba Akoko in Akoko South West Local Government Area of Ondo State”, the erudite lawyer declared.
Ayenakin, who spoke against the backdrop of speculations making the rounds that Oba Adeyeye had been deposed by the Supreme Court of Nigeria, disclosed to newsmen that he had written to the Governor on the contentious issue, still pending in court.
He further stated that the Governor has perused his petition and agreed that the Supreme Court must decide the case on its merit, and the Apex Court is yet to determine the matter before it.
The King’s Counsel submitted further that it would amount to gross abuse of court process, or executive recklessness to depose a sitting Oba who has a pending matter at the Supreme Court, or when an application for an injunction is pending.
Ayenakin also referenced the case of Governor of Lagos State VS Ojukwu, saying that: “the Court held that when an application for injunction is pending or appeal is pending in the court, even though it has not been heard or the case has not been fixed for hearing; nothing must be done about the subject matter of the action.”
He added that: “the Supreme Court’s judgment they (opponents of Oba Alale) are talking about is a motion that was filed at the Supreme Court and was struck out. How can anyone expect a Governor to implement a motion that was not upheld?
“If you have an application for a leave of appeal and it was struck out, by virtue of differences in your motion, the position of the law is that you file another one and he (Alale) has filed another one, let them (defendants) bring a judgement of the Supreme Court which states that the case has been heard and it has been dismissed?
“Thank God, we have a Governor who is a lawyer, otherwise he would have been misled. I have written to the Governor and he has read it and agreed that the Supreme Court must decide the case on its merit before it could draw the attention of Government. Governors don’t act on hearsay, on Obaship matter.
“The court has not decided the case yet on its merit. We filed a motion and the motion was struck out, We have gone back to say hear me on the merit. untill the Supreme Court says appeal dismissed, statusquo must be maintained. Our appeal has not been heard, which means the matter is not yet settled.
“The record of appeal is before the Supreme Court. Our brief of argument is before the Supreme Court, our Stay of Execution is before the Supreme Court. I’m surprised that a number of unlearned charlatans are propagating misinformation, making a lot of noise and causing disharmony in a usually serene varsity kingdom.
He added that “I’m also contending that the case was not properly reviewed issues of law were not properly appraised. These are the issues before the Supreme Court.
“There is no cause for alarm or panic in Akungba. I hope the agents behind the campaign of calumny, bent on standing law on its head would do the needful by abiding by the rule of law and principles of separation of powers between the judiciary and the executive. Kabiyesi Alale is sitting comfortably on the Throne and the people of Akungba have confidence in him. There is no tension or chaos in the town; as residents and students are going about their activities peacefully and mutually. Everywhere is cool, calm and prosperous.”
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