AN High Court sitting in Akure, Ondo States capital, on Tuesday, dismissed a suit instituted against the traditional ruler of Arigidi Akoko, in Akoko North West local government area of the state, the Zaki of Arigidi Akoko, Oba Yisa Olanipekun, for lack of jurisdiction and abuse of court process.
Oba Olanipekun choice and installation as the monarch was challenged by one of the Prince, Joseph Olanipekun who filed a suit challenging the choice of the monarch as the traditional ruler of the town.
Counsel to the monarch, Ebun-Olu Adegboruwa, had earlier filed a preliminary objection to the suit, arguing that the suit was filed out of time, and urged the court to dismiss the suit before it.
Adegboruwa noted that filling of the case was an abuse of court process saying the suit was filed outside the mandatory period of time specified in the Chieftaincy Law of Ondo State and prays the court dismiss the suit.
In his ruling, the Presiding judge, Justice Akintan Osadebey, upheld the preliminary objection and held that the court lacked the jurisdiction to entertain the suit.
Justice Osadebey also ruled that the filing of the case against the defendant was an abuse of court process.
The Presiding Judge explained that the case was a duplication of the suit earlier dismissed by the court, involving the two parties.
The judge also ruled that the suit was filed outside the statutory period allowed by law noting that the plaintiff did not fulfil the necessary conditions before filing it and the court subsequently ordered the plaintiff to pay the sum of N100,000 to the defendant.
In his reaction, Mr Adegboruwa commended the judge and the judiciary generally, noting that in spite of its recent challenges, the judiciary still offers hope to all as the last bus stop to secure justice and remedy.
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