Court strikes out suit against Agunji monarch for lack of competence

By Kayode Adeoti

The Kwara State High Court today struck out the suit challenging the installation of Oba Isiaka Babatunde Abdulmalik as the Alagunji of Agunji town in the Ifelodun Local Government Area of the state.

The claimants included the Governor, the Attorney General, the Commissioner for Justice, and the Ifelodun Local Government Council as defendants in the case, arguing that Oba Abdulmalik is not the rightful successor to the Alagunji throne.

The claimants, Taye Bello and others, represented by their counsel, Barrister Ibrahim Alabidun, had asserted that Kabiyesi Alagunji does not originate from a recognized royal lineage and therefore could not be installed as monarch.

In his ruling, the trial judge, Justice Folorunsho, upheld the preliminary objections raised by the defendant’s counsel, Barrister T.A Ahmed, and dismissed the case for lack of merit.

The court held that the claimants failed to follow due process before instituting the suit.

According to Justice Folorunsho, the claimants writ of summons was incompetent under Kwara State law, which requires that a petition must first be forwarded to the Governor before any legal action can be filed against any monarch.

The Judge noted that any aggrieved person who petitions the Governor over any monarch must wait for the government’s response adding that court action can only follow if the petitioner is dissatisfied with the government’s decision.

Justice Folorunsho also revealed that the claimants failed to comply with the mandatory payment of a non-refundable fee of N250,000 to government coffers before filing the suit.

The court observed that they paid installmentally after filing the matter in court, instead of before.

Counsel to the monarch, Barrister Ahmed, expressed his lamentations to the press following the ruling, noting that the prevailing disunity in the town and the ongoing court case have inflicted irreparable harm on the progress and development of Agunji town.

He further remarked that the governor has refrained from elevating or promoting the Alagunji stool due to the case in court.