The Court of Appeal, Lagos, has affirmed the entitlement of the Mabudeje Royal Family, led by Prince Babatunde Adenusi and others, as the rightful claimants to the Agbowa-Ikosi throne in Ikorodu.
By its ruling, the Appellate Court set aside the judgement of the High Court of Lagos State, noting that the trial court failed to properly evaluate the evidence before it and wrongly accepted the nomination of Prince (Barr.) Owolabi Saheed Momson, joined as the 8th Defendant, as the Abowa of Agbowa-Ikosi.
Delivering the lead judgment in Appeal CA/LAG/CV/1104/2023 on May 30, Justice Ngozika Okaisabor, found that the claimants-representing the Mabudeje Royal Family- were members of the ruling house entitled to nominate a candidate for the vacant stool, contrary to the decision of the lower court.
The High Court had, on March 23, 2023, dismissed the claimants’ suit, declared that the stool was properly filled, and held that Prince Momson had been “duly and validly nominated and selected as the Abowa of Agbowa-Ikosi in the Ikosi-Ejinrin LCDA of Lagos State in line with the dictates of the 1957 Chieftaincy Declaration and in accordance with the provisions of the Obas and Chiefs Law of Lagos State, 2015.
However, the Court of Appeal disagreed, pointing out that a 2007 meeting of the Oba-in-Council, admitted as Exhibit P9, showed that representatives of the Aduloju family, particularly Alhaji Bariyu Adeleye (6th Respondent), openly denied any connection to the Mabudeje family.
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Quoting from the meeting minutes, Justice Okaisabor stated: “The 6th Respondent in the said Exhibit P9 denied being members of Mabudeje family and further stated that there is no one in their families that bear such a name.”
The appellate court emphasised that the evidence of the claimants was more cogent and consistent than that of the respondents. It faulted the lower court for relying on the nomination process facilitated by the Aduloju family, which had already disclaimed the Mabudeje lineage.
The court further found that no valid invitation was extended to the claimants by the appropriate authorities to nominate a candidate, contrary to the assertions relied upon by the trial judge.
“The said evidence of Appellants’ PW1… is that the 4th respondent did not write to them but wrote to the Adulojus as Mabudeje family, whereas Adulojus is not Mabudeje family,” the judgment stated.
Granting the reliefs sought by the claimants, the Appellate Court declared that they were entitled to the immediate right to fill the vacant stool of the Abowa of Agbowa-Ikosi.
The court compelled the first to fifth defendants to call for the claimants’ nominee for the vacant stool of the Abowa of Agbowa-Ikosi, adding that the said nominee should be installed as the Abowa of Agbowa-Ikosi.
The judgment was unanimously endorsed by Justices Mohammed Mustapha and Paul Ahmed Bassi, who aligned themselves with the lead judgment.