The Governor of Oyo State, Seyi Makinde has been advised to halt the process of appoint another Aseyin of Iseyin as a motion for injunction pertaining to the Chieftaincy title is pending before an Iseyin High Court.
Recall that Aseyin of Iseyin, Oba Abdulganiy Adekunle joined his ancestors in July 2022.
This medium gathered that since the demise of the traditional ruler in Iseyin, the Aseyin of Iseyin, Oba Abdulganiy Adekunle in July 2022, his successor is yet to emerge.
In a letter dated 20th of June, 2023 sighted by our correspondent, Makinde was notified to call on the descendants of Ogbolu, the founder of Iseyin to present the next candidates for the throne. The letter also claimed the family had produced the 1st to 11th Aseyins of Iseyin.
Speaking on behalf of the family, A.G. Adeniran Esq, said the family is optimistic that Governor Seyi Makinde will heed to them.
His words: “that letter is the letter that we wrote to the governor of Oyo State to let him know that a case is pending at the High Court, Iseyin on the Aseyin of Iseyin Chieftaincy.
“We also applied for an order of injunction, so they should not appoint another Aseyin now until the court has heard our motion for injunction and the court has decided whether to grant it or to refuse it. Because if they are to go ahead and appoint another Aseyin while our motion is pending, it is like disrespecting the court and the governor is a gentleman, and so he should not be seeing as disrespecting the court.
“We wrote this letter to the governor to let him be aware. We exhibited a copy of our motion on notice that we filed to the letter, that’s what we called ‘Annexure A’ to the letter.
“We want the world to know that there is a case that we the Claimants filed in the High Court asking that the original descendants of the founder Iseyin that should be made Aseyin.
“The original descendants are Ogbolu and they produced the first eleven (11) Aseyins, it is after the eleventh Aseyin that these people who are not even related to the founder at all in anyway who have now been coming to become Aseyin. We have now decided to go to court to challenge it, and say under the Native Law and Customs of Yoruba land, and of Iseyin also, it is the descendants of the founders that are entitled to produce the king of that town. As a result, we are beseeching Governor Seyi Makinde not to appoint anybody as Aseyin pending the time the court will listen to our motion on Notice of Injunction.
“We attached a copy of that motion to the letter. It has been served to the Governor this morning (Thursday, June 22 2023). We also served Attorney-General of Oyo State, Secretary to the Oyo State Governor, The Registrar of the High Court; all of them have been served.”
According to the lawyer, whenever an injunction has been applied for and the same is pending before a court of competent jurisdiction, it is apposite for all concerned not to do anything that will affect the subject matter of the injunction until the motion for injunction has been heard and determined by the court.
THE LETTER IS FULLY REPRODUCED BELOW
NOTICE OF THE PENDENCY OF SUIT NO. HOI/04/2023: PRINCE ABDULGANIYU OLADENI BOLANLE & ORS V THE GOVERNOR OF OYO STATE & ORS AND OUR APPLICATION FOR INJUNCTION PENDING THEREIN
I am the Solicitor for the Claimants in the above mentioned suit (hereinafter called my clients)
The said suit is now pending in the Iseyin High Court.
In the said suit we are claiming against the defendants therein as follows:-
1. A declaration that under the native law and custom of Yoruba land, and of Iseyin in particular, it is the descendants of the founder of a town that are entitled to produce the traditional ruler of that town.
2. A declaration that it is the family of the Claimants who are the descendants of Ogbolu, the founder of Iseyin and whose family produced the 1st to 11th Aseyins of Iseyin who are entitled to produce Aseyins of Iseyin.
3. An order directing the Defendants to fill the vacancy now existing in the Aseyin of Iseyin chieftaincy by inviting the family of the claimants to present the next candidates for appointment as the Aseyin of Aseyin.
4. An order of this Honourable Court setting aside the 1964 Aseyin of Iseyin Chieftaincy Declaration which recognized the three ruling houses of Akande, Olugbile and Majaro which are not descendants of Ogbolu, the founder of Iseyin and which are not the lineal descendants of the 1st to 11th Aseyins of Iseyin for being contrary to native law and custom of Yorubaland and of Iseyin in particular.
5. An order of perpetual injunction restraining the defendants from nominating, selecting, appointing or approving the appointment of anyone who is not from the family of the Claimants as the next Aseyin of Iseyin.
6. An order of this Honourable Court setting aside any purported nomination, selection, appointment or approval of appointment or any other step that has been taking by any of the defendants to appoint anyone who is not from the family of the claimants as the next Aseyin of Iseyin.
Up till this moment, none of the defendants have filed their Statement of Defence nor even have entered a memorandum of appearance to the suit.
This is a clear indication that they have no defence to our suit.
However in spite of these, my clients noticed that the town of Iseyin is already agog with preparations being made by the families of Akande, Olugbile and Majaro who are being represented in the suit by the 4th Defendant for installation of a new Aseyin.
This is in spite of the fact that our motion for injunction is still before the High Court and it has not been heard not to talk of its being determined one way or the other.
Now, as your Excellency knows very well, whenever an injunction has been applied for and the same is pending before a court of competent jurisdiction, it is apposite for all concerned not to do anything that will affect the subject matter of the injunction until the motion for injunction has been heard and determined by the High Court even if no order of injunction has been made.
I humbly refer your Excellency to the case of GOVERNOR OF LAGOS STATE V EMEKA ODUMEGU OJUKWU (1986) 1 NWLR (Pt. 18) 621/636H where the Supreme Court stated the law as follows:-
“After a defendant has been notified of the pendency of a suit seeking an injunction against him, even though a temporary injunction be not granted, he acts at his peril and subject to the power of the court to restore the status wholly irrespective of the merits as may be ultimately decided.”
At page 6378 of the same case, the Supreme Court also stated as follows:-
The rule is well settled both by the courts of England and of this country, that where a suit is brought to enjoin certain activities for example, the erection of a building or other structure, of which suit the defendant has notice the hands of the defendant are effectually tied pending a hearing and determination even though no restraining order or preliminary injunction be issued.”
In view of the above state of the law, your Excellency is hereby respectfully enjoined not to do anything to fill the vacancy now existing in the Aseyin of Iseyin chieftaincy until the motion on notice for interlocutory injunction now pending before the Iseyin High Court has been heard and determined by the High Court.
A copy of the motion on notice which has been served on your Excellency as well as all the other defendants is attached herewith as Annexure A
Your Excellency is the father of all, and we most respectfully urge you to hold the balance evenly between my clients and their opponents in this case by not allowing their opponents to steal a match against my clients by allowing them to fill the vacancy now existing in the Aseyin of Iseyin chieftaincy when my clients’ motion for injunction is still pending before the High Court
A. G. Adeniran Esq.
1. The Registrar of Court High Court of Justice, Iseyin
2. The Attorney-General of Oyo State Ministry of Justice, Secretariat, Ibadan
3. The Secretary to the Oyo State Government
Office of the Secretary to the State Government