Olugbense ruling house of Offa seeks Supreme Court's reversal of judgment

Date: 2017-07-08

The Olugbense ruling house of Offa, Offa Local Government Area (LGA) of Kwara state has filed a motion brought under the inherent jurisdiction of Supreme Court, seeking for an order of the apex court to set aside its judgment of July 1st 2016 on the footing that the court lacked the jurisdiction to entertain the appeal.

Citing numerous dicta and supported by a 10-paragraph affidavit deposed to by Prince Abdulrauf Adegboyega Keji who is the Second Respondent/Applicant in the case coded SC/890/2014, the ruling house through its lead counsel Dayo Akinlaja SAN, prayed the court to overrule itself by declaring the judgment Ipso Facto and a nullity.

Besides, it prayed for an order allowing instead the cross-appeal wherein the issue of jurisdiction was raised to the effect that the Counter-Claim was statute-barred at inception having regards to the provisions of the applicable Public Officers Protection Law (POPL).

The grounds for the application dated June 15 this year and filed the same day among others included several demands.

The ground added that the error in calculation inadvertently made by the Court in the lead judgment allegedly misled it to assume jurisdiction over the Counter-claim of the Appellant /Respondent.

Other Respondents /Applicants for themselves and on behalf of the Olugbense Ruling House are Jimoh Abodunrin, Imam Bosere, Magaji and Head of Olugbense Ruling House, Offa and Prince Saka Keji.

The Respondents are Yunnus Bukoye, Essa of Offa, Alhaji Kadir Kolawole Bello, Ojomu of Offa, Alhaji Oseni Olaniyi, Balogun of Offa, Alhaji Zikrullah Kola Danni Olaboye, Shawo of Offa, Attorney General of Kwara state and the Governor of Kwara state.

The fulcrum of the issue for termination is linked with the case of Oloba v. Akereja (1988) 7 S. C. [PT. 1] 1 at 14 and 15 where the Supreme Court espoused the monumental importance of Jurisdiction to adjudication.

The Applicants here were the claimants in the action instituted at the Offa Division of the High Court of Kwara State, challenging the appointment of the Appellant/Respondent as Olofa of Offa. There was a Counter-Claim filed by the Appellant /Respondent and 4th-7th Respondents herein in the said action. The Applicants lost the case at the High Court while the Counter-claim of the Appellant and 4th-7th Respondents herein was equally dismissed on the ground that it was caught by estoppel as well as Public Officers Protection Act.

At the Court of Appeal, the Appeal of the Applicants was allowed and all the reliefs sought by them were granted while the joint appeal of the Appellant and the 4th-7th Respondents herein based on their counter-claim was partially allowed by the lower Court which held that the cause of action was not caught by the Limitation Law but refused to consider the appeal on merit. The decision of the lower Court that the Counter Claim was not statute-barred led to the cross-appeal filed by the Applicants herein as the Cross-appellants.

The Supreme Court in the course of considering the appeal of the Cross-appellants (Instant Applicants ) and the Appellant herein in a single judgment delivered on July 1st 2016 held, inter alia, that it agreed that the cause of action arose on the 22nd day of March 2010 and that the Counter Claim filed on the 12th of July 2010 was not caught by the POPL as applicable in this case.

Source

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Kwara University Of Education     Abdulsalam Firdaous Amosa     Abdulmalik Bashir Mopelola Risikatullahi     Tafida Of Ilorin     Ghali Muhammed     Quarry Royal Valley     Wahab Agbaje     Oniwasi Agbaye     Isaac Gbenle     Moses Salami     Joseph Yemi Ajayi     Mohammed Lawal     Jimba Babatunde     Ijagbo Health Centre     Segun Olawoyin     Ajuloopin     March 28     Kola Bukoye     Ope Saraki     Ayeyemi Sulaiman     Hassan Oyeleke     VADA     Al-Hikmah Radio     Saliu Mustapha     Paul Odama     Yaman     TIIDELab     Sulu Gambari     Saka Onimago     All Confederation Of Principals Of Secondary Schools     Tafida Of Kaiama     Abubakar Ndakene     Shehu Raheem Adaramaja     Kwara State Television (KWTV)     Laolu Saraki     All Peoples Party     Hausa     Maryam A. Garuba     Majlis For Sadakah, Zakat And Waqf     Basit Olatunji     Sheikh Hamzat Yusuf Ariyibi     Ibrahim Gambari     Goodluck Jonathan     Olam Food Ingredients     Toyin Abdullahi     Ibrahim Taiwo Road     Kwara 2023     Jelili Yusuf     Durbar     Buari Edun     Code Of Conduct     Atunwa     Apata Ajele Secondary School     Erin-ile     IEDPU     Dan Masanin     Kulende     Ronke Adeyemi     KWASAA     Forgo Battery     Dumagi     Yusuf Mubarak     Okin Group     Oluranti Idowu     Yusuf Olaolu Ali     Olomu Of Omu-Aran     Yaru     Federal Neuro-Psychiatric Hospital     Awili Pedro     Suleiman Idris     Abdulkarim Adisa     Government High School Adeta     Millennium Development Goals     Nigeria Foundation For Artificial Intelligence     Nigerian Supreme Council For Islamic Affairs     Jaigbade Alao     National Pilot    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

CT Ayeni     Marufat Oladosu     Mashood Abdulrafiu Agboola     Lanre Issa-Onilu     Ilorin Anchor Men And Women     Mahee Abdulkadir     Ethical College     Afonja Descendants Union     Ilorin East     Shoprite     Ibrahim Oniye     March 28     Haashim Initiative For Community Advancement     Doyin Group     Bashiru Makama     Age AbdulKareem     Yahaya Dumoye     Nurudeen Mohammed     Ibrahim Kayode Adeyemi     Olayinka Jelili Yusuf     Ajasse-Ipo     Ilorin Emirate Stakeholders Forum     Yoruba     Kwarareports     Al-Adaby     Oke-Ero     Abdulkadir Bolakale Sakariyah     Micheal Imodu-Ganmo Road     Chemiroy Nigeria Limited     Biliaminu Aliu     Arinola Fatimoh Lawal     Taiwo Joseph     James Ayeni     Abdullahi Atanda     UITH     Abdullahi Biffo     Amusement Park     Saidu Isa     Muhammad Ghali Alaaya     CLAY POT     ITEM 7     Abiodun Abdulkareem     John Kehinde Salako     Muritala Olarewaju     Monkey Pox     Abdulrasheed Lafia     Kayode Zubair     Yusuf Olaolu Ali     Ahmed     Arinola Lawal     Mohammed Abdulahi     Kayode Alabi     Ayo Opadokun     Garuba Alikinla Shittu     Umar Ayinla Saro     Muhammad Akande Olarewaju Odunade     Saka Adeyemo     Ayobola Ipinlaiye     Gamji Members Association     Ilesha-Gwanara     IYA YUSUF     Ogidi-Oloje     John Olobayo     Presidential Election     Kwara State Fish Farmers Association     Olusin Of Ijara Isin     Principal Private Secretary     NNPP     Tinubu     Ajayi Okasanmi     Bola Magaji     Shuaib Abdulkadir     Mumini Ishola Hanafi     Afolasade Opeyemi Kemi     Tunji Arosanyin     NITDA     Titus Suberu-Ajibola