A Magistrate Court sitting in Osogbo, on Friday, ordered that the Oluwo of Iwo, Oba Abdulrasheed Adewale Akanbi should be physically present in court during the next adjourned date in a suit instituted against him by the Agbowu of Ogbaagba, Oba Dhikirulahi Akinropo over an alleged assault.
Magistrate Olusegun Ayilara gave the order while ruling on an application moved by counsel to Agbowu, Soji Oyetayo, to issue an arrest warrant against Oba Akanbi.
“It is therefore ordered that the respondent (Oluwo) should personally appear in court during the next adjourned date of 3rd of April, 2020,” the Magistrate said.
He stated that the suit is a quasi-criminal matter, which requires the presence of the defendant(Oluwo) in court, saying “the hearing notice should be pasted of the walls of residence of the respondent. The hearing notice should also be forwarded to his verifiable phone number.”
Oyetayo had urged the court to issue a bench warrant against Oluwo for failing to appear in court.
According to him, “the defendant has been duly served with the court process. The defendant’s counsel had informed this court that he appeared for his client. It was the defendant that said that the application should be served on his office.
“The defendant was served with an affidavit. He has to be in court. I will urge this honourable court to order that bench warrant be issued against him.”
But counsel to Oba Akanbi, Barrister Tiamiyu Adegboyega, opposed issuing a bench warrant against his client, adding that the application was served on the office of his client on Wednesday, 18th of March, 2020 around 12.45 pm. He said the respondent is yet to be personally informed and served with the process of the court.
“We are here in protest appearance on behalf of the respondent. The application for bench warrant is hereby opposed because it lacks merit. The application has no basis in law. I will urge this court to discountenance the application, we are still within time to react to the application,” Adegboyega said.
In his ruling, Magistrate Ayilara, said the court wanted to give the defendant (Oluwo) the benefit of doubt and ordered that he should appear in court physically on the next adjourned date. He adjourned the matter till April 3, 2020.