The Court of Appeal sitting in Akure, Ondo State capital, yesterday set aside the judgment of an Osun State High Court, which sacked the Ataoja of Osogbo, Oba Jimoh Olanipekun.
The state High Court presided over by Justice Yinka Aderibigbe in 2011 had ‘removed’ Oba Olanipekun after faulting his nomination, selection, appointment and installation processes.
The kingmakers consequently approached the Appeal Court sitting in Akure, the Ondo state capital to upturn the judgment of the lower court.
Justice Ambi-Usi Danjuma in his judgement yesterday faulted the order made by the High Court setting aside the action of the kingmakers on the basis that having heard a motion challenging his jurisdiction before him, the lower court should have heard the motion first and since it did not hear it, it could not have made any subsequent order like the one he made in setting aside the action of the kingmakers.
The court ordered that Oba Olanipekun should continue to be in office as Ataoja of Osogbo pending the hearing and determination of the substantive suit at the high court.
In his reaction the lead counsel of the first and second respondents, Mr. Adewale Adegoke said his team would have to study the judgment before taking the next step.
“ We have not got copies of the judgment, we have not studied them, until we read and studied them we will now decide whether we should explore the right of appeal to the Supreme Court or applied that the case file should be transferred to the high court for continuation of hearing. “
On the other hand, one of the counsels to the appellant, Mr. Gbadebo Adesina expressed delight over the judgment saying: “There is no winner, there is no loser, the people of Osogbo are winning collectively.”