The Court of Appeal sitting in Ibadan, Oyo State capital, has upheld the selection and installation of Oba Ghandi Olaoye as the Soun of Ogbomoso, setting aside an earlier ruling that nullified his appointment.
Delivering judgment on the appeal filed by Oba Olaoye on Tuesday, Justice Yargata Nimpar, who led a three-member panel, resolved all 10 grounds of appeal in the monarch’s favour.
The Oyo State High Court in Ogbomoso, presided over by Justice K. A. Adedokun, had on October 25, 2023, nullified Oba Olaoye’s selection, ruling that the nomination process was “irregular, null, and void.”
The judgment followed a suit filed by Prince Kabir Olaoye, one of the contenders for the throne, who argued that the selection process violated the 1958 Soun Chieftaincy Declaration.
In response, Oba Olaoye and key kingmakers—Chief S.O Otolorin, Salawu Ajadi, Tijani Abioye, David Adeniran Ojo, and Yusuf Kasali Oladipupo—filed an appeal challenging the verdict.
They also secured a stay of execution, which paved the way for Governor Seyi Makinde to formally inaugurate Olaoye as the Soun on December 20, 2023.
The appellants, represented by Prof. Yusuf Ali (SAN), argued that the High Court lacked jurisdiction to entertain the suit, as the claimant, Prince Kabir Olaoye, failed to explore internal dispute resolution mechanisms provided under the Oyo State Chiefs Law.
They cited Section 20 of the law, which mandates that disputes over chieftaincy appointments must first be referred to the state governor.
Justice Nimpar agreed with the appellants, stating that they were denied a fair hearing and that jurisdiction does not have a fixed guideline.
“The judgment of the Oyo State High Court is hereby set aside,” she ruled, adding that all the issues raised were resolved in favour of the appellants.
The court also awarded a cost of N500,000 against the defendants, including Prince Kabir Olaoye, Governor Seyi Makinde, the Oyo State Attorney-General, the Commissioner for Local Government and Chieftaincy Matters, Ogbomoso North Local Government, the Traditional Council of Ogbomoso North, and Amos Olawole Olaoye.
