>
Justice Mukthar Abimbola, the judge handling the case filed over the Olubadan title, by Chief Adebayo Oyediji, the head of the Seriki line of the Olubadan chieftaincy has withdrawn from the case.
Chief Oyediji is asking the court to nullify the appointment and enthronement of Oba Saliu Adetunji as the new Olubadan of Ibadan. He claimed that he should have been enthroned based on the fact that he was the most senior chief given his last promotion many years ago.
Chief Oyediji and other Seriki Chiefs including Olalekan Adisa Fakunle, Rasidi Abinupagun, Gabriel Amoo, Gandhi Oduola and others in the suit want the court to compel the Olubadan-in-Council to obey the 2008 injunction restraining them from elevating any high chief to the position of the Olubadan of Ibadanland, as well as respecting the consent judgment of the Supreme Court which favoured the inclusion of the Seriki Line in the Olubadan chieftaincy lineage. The Otun and Balogun lines have since been recognised as the only two lines entitled to the stool.
At the resumed hearing on Wednesday, Justice Abimbola, who is the Chief Judge of Oyo State, said he was withdrawing due to a petition against him by the plaintiff, Chief Oyediji, to the National Judicial Council (NJC). He said the plaintiff accused him of compromise in the petition.
Respondents in the case include the Olubadan-in-Council and Governor Abiola Ajimobi.
Justice Abimbola, who expressed shock at the strong language used in the petition against him, disclosed that he was summoned by the NJC, adding that honoured the summon.
He also pointed out that he had to write a reply with similar venom because he did not harbour any bias in the matter.
Though he said he was absolved by the NJC, and read the letter absolving him to the court, he disclosed his decision to transfer the file of the case to the Administrative Block of the High Court for re-assignment to another judge “in the interest of justice and to clear any doubt anywhere”.
The lead counsel to Chief Oyediji, Abideen Adeniran, however told the court that he was not instrumental to the writing of the petition.
“I only saw the petition after it had been submitted. I am even seeing the letter sent to you by the NJC for the first time now. I could not have petitioned you to the NJC for any reason, sir. The claimant has sons as lawyers and because of the frayed nerves generated by the matter, several interests could have come to play”, Adeniran told the judge.
Justice Abimbola responded that he gave the counsel the benefit of the doubt, but urged him to warn the petitioner to desist from the sweeping allegation.
“Warn them very seriously not to tarnish my integrity and honour which I have built for years. I have no stake in this matter and that was why I was not at the installation in the first place. I don’t attend any public function that has no legal relevance. Because of this, I am personally handing off the two cases before me for it to be re-assigned to another judge. I bear no grudge against anyone.” he said.
While Abideen Adeniran was in court on Wednesday to represent the Seriki Line, Michael Lana who was representing the Olubadan and the Olubadan-in-Council, was absent.