The Court of Appeal sitting in Akure, the Ondo State capital, has fixed October 20 for the hearing of an appeal challenging the removal of Babajide Lawrence Oluwole, the late Oluoke of Okeigbo in Ileoluji/Okeigbo Local Government Area of the state.
The court also declined to entertain a motion for an injunction seeking to nullify all actions taken regarding the Oluoke stool. Instead, it ruled that the application be “put in abeyance” and directed counsel to both parties to ensure that their clients refrain from any actions that could disturb the peace of the community.
The appeal stems from an earlier judgment by the High Court presided over by Justice Ademola Enikuemehin, which removed Oba Oluwole on the grounds that he was not a member of the Aare Kugbaigbe Ruling House, the lineage entitled to produce the traditional ruler.
The case was instituted by Princes Rufus Adekanye and Temitope Adeoye, Head and Secretary of the Aare Kugbaigbe Ruling House, through their counsel, Chief Sola Ebiseni. In the suit marked HOD/80/2018, they challenged the selection and appointment of Oba Oluwole, arguing that he was not a legitimate member of the ruling house and that the throne remained vacant.
The High Court granted a declaration that the Oluoke of Okeigbo Chieftaincy is subject to the provisions of Part Two of the Justice Adeloye Judicial Commission of Inquiry on Chieftaincy Matters and the Chiefs Law CAP 27, Volume 1, Laws of Ondo State 2006.
Dissatisfied with the ruling, the defendants Oba Oluwole, the Okeigbo kingmakers, and the Ondo State Government appealed the decision, asking the appellate court to set aside the judgment.
At the resumed hearing, lead counsel to the appellants, Olalekan Ojo (SAN), sought the court’s leave to amend the notice of appeal, introduce fresh evidence concerning the registered declaration of the chieftaincy, and obtain an injunction to stop the respondents from installing a new Oluoke.
However, Mrs. Adeola Yusuf, representing the state’s Attorney General and appearing for the first time in the matter, told the court that she had not been properly briefed and that some of the processes were only just being served on her in court.
Chief Sola Ebiseni, counsel for the Aare Kugbaigbe Ruling House, argued that he was fully prepared, having filed his respondent’s brief. He opposed the motion to introduce fresh evidence, describing it as legally inadmissible and a waste of judicial time, given that the evidence dated back to 2020, while the case had been in court since 2018.
Ebiseni reminded the court that the High Court had declared the appointment of Oba Oluwole as illegal and directed the state government to invite the ruling house to nominate a new candidate. He also noted that Oba Oluwole had died on April 30, 2025, at the age of 94, after filing his notice of appeal.
Describing the injunction request as an “act of indolence,” Ebiseni accused the appellants of failing to prosecute the appeal in good time, yet attempting to preserve the stool for a deposed and now-deceased monarch.
The appellate panel, comprising Justices Omoleye, Shagari, and Obiorah, observed that the case held significant public interest and had experienced undue delay despite repeated court interventions. It also ruled out all applications by those seeking to join the appeal as interested parties, noting that the local government named in the injunction request was not represented and had not been properly served.
However, the court granted the application to amend the notice of appeal and directed the appellant’s counsel to present arguments regarding the newly sought evidence in the amended brief.
