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LAGOS STATE GOVERNMENT, ONIBEJU FIGHT BACK, APPEAL AGAINST THE RULING OF THE HIGH COURT OF LAGOS STATE.

LAGOS STATE GOVERNMENT, ONIBEJU FIGHT BACK, APPEAL AGAINST THE RULING OF THE HIGH COURT OF LAGOS STATE DIRECTING THE GOVERNOR OF LAGOS STATE AND 2 OTHERS TO REVERSE THE INSTALLATION OF THE ONIBEJU  

His Royal Majesty, Alaiyeluwa Oba Waliu Olasunkanmi Rasak, The Onibeju of Ibeju kingdom.

The joy of Prince Adewale Adeyemi Abdul Rauf Oniwonlu and his supporters, who successfully secured an order of mandatory injunction from the High Court of Lagos State on the 12th of December, 2023 directing the Governor of Lagos State and two of his cabinet members, the Hon. Attorney-General and Commissioner for Justice and Hon. Commissioner for Local Government and Chieftaincy Affairs to reverse the installation of the Onibeju, HRM Oba Waliu Olasunkanmi Rasak may have been shattered as the Lagos State Government, Secretary of the Onibeju selection Committee, Prince Seedeq Sharafadeen Adewale Oniwonlu and Prince Lateef Ajumobi have all appealed to the Court of Appeal against the order of the High Court of Lagos State delivered by the Honourable Justice K. O. Dawodu Sitting at the High Court of Lagos State, Lagos division, which directed the Governor of Lagos State and the Commissioners mentioned above to reverse the installation of the Onibeju. 
 
The Governor of Lagos State, Babajide SanwoOlu.

All the Appellants in their separate Notices of Appeal are praying the Court of Appeal to set aside the order, which according to them, is against the evidence made available to the court in the determination of the Claimant’s motion for mandatory injunction which prayed the Court to make the order. 

Prince Adewale Adeyemi Abdul Rauf Oniwonlu as Claimant in Suit No: LD/9297GCMW/2022 had dragged the Governor of Lagos State and 21 others before the High Court of Lagos State, sitting at Tafawa Balewa Square, Lagos via a writ of Summons and Statement of Claim filed and sealed at the High Court of Lagos State on the 27th of October, 2022 but served on the office of the Governor and that of his commissioners on the 1st day of November, 2022. The Claimant later filed a motion praying the Court for a mandatory injunction for the reversal of the installation of the Lagos monarch on the ground that the installation was carried out on the 3rd of November, 2022, two days after the Governor and his commissioner had been served with the court processes. 
His Royal Majesty, The Onibeju of Ibeju kingdom 

The Governor and his Commissioners as well as other Defendants in the suit opposed the application for the mandatory injunction by filing counter affidavits and exhibits, particularly Exhibit FB1 attached to the further and better affidavit of the Secretary of the Onibeju selection Committee, Prince Seedeq Sharafadeen Adewale Oniwonlu dated 26th day of September, 2023, which shows clearly that the Onibeju, HRM Oba Waliu Olasunkanmi Rasak was duly appointed the Onibeju of Ibeju by the Governor by an instrument issued under the hand of the Governor of Lagos State on the 13th day of October, 2022 with effect from the same date after the appointment of the monarch was approved by the Lagos State Executive Council. 

The Court, in a reserved ruling, delivered on the 12th of December, 2023 granted the motion for the mandatory injunction directing the Governor of Lagos State and two of his two Commissioners, the Hon. Attorney-General and Commissioner for Justice and Hon. Commissioner for Local Government and Chieftaincy Affairs to reverse the installation of the Onibeju, HRM Oba Waliu Olasunkanmi Rasak. After hearing all parties, the court further ordered that the stool of the Onibeju should remain vacant pending the hearing and determination of the suit. 

The Lagos State Government and other Defendants are peeved by the ruling of the Court and have filed separate appeals with a view to setting aside the order, insisting that by the instrument appointing the Onibeju of Ibeju kingdom, HRM Oba Waliu Olasunkanmi Rasak, which is dated the 13th day of October, 2022 with effect from the same date, there has been in existence an Onibeju of Ibeju kingdom weeks before this case was filed and that it will not accord with common sense that such stool should remain vacant when it has been filled already before the filing of this case. 

The outcome of these appeals will determine the propriety of the order of the court but pending the outcome, the implication of these appeals is that the Onibeju of Ibeju, His Royal Majesty, Alaiyeluwa Oba Waliu Olasunkanmi Rasak will remain in office as the duly appointed Onibeju of Ibeju land.  
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