Blog

Rasaq Ibrahim, Ado Ekiti

The Court of Appeal, sitting in Ado-Ekiti has dismissed the appeal to overturn the verdict of an Ado Ekiti High Court on the relocation of Ilejemeje Local Government headquarters from Iye Ekiti to Eda Oniyo.

In a unanimous verdict, Justices Fatima Akinbami, T.N Orji-Abadua, and Paul Elechi, struck out the appeal filed by the Oniye of Iye Ekiti, Oba Jonathan Adeleye-Oni, and the President, Iye Development Association, Elijah Kupolati for lack of merit.

While delivering the judgement, Justice Akinbami affirmed the verdict of the lower court on November 19, 2019, which held that there was no merit in the originating summons of Oba Adeleye-Oni and Kupolati.

The appeal court held that “the case of the appellant as presently constituted in this appeal has been finally determined by the Supreme Court in Suit No SC/194/2008. The appeal is devoid of any merit and is hereby dismissed”.

The state government had following a judgment of the Supreme Court dated December 14, 2018 which declared Eda Oniyo as the valid headquarters of the council, relocated the council’s seat of power from Ilejemeje to Eda Oniyo.

But the Oniye and the Kupolati dragged the state governor, Dr Kayode Fayemi; the Attorney General, Olawale Fapohunda; and the Eleda of Eda Oniyo, Oba Julius Awolola to an Ado Ekiti High Court, to challenge their action.

They averred that the Supreme Court, in its judgment did not consider the Local government Administration Law which recognized Iye Ekiti as the headquarters of the local government.

READ ALSO: ‘4,630 appeals, 6,207 motions pending at Appeal Court in Lagos’

But the lower court had, in its judgment on November 19, 2019, dismissed the suit, saying the Oba Adeleye-Oni and Kupolati approached a wrong court to seek redress over a judgment by the Supreme Court following which they headed to the Appellate court for a determination that the lower court erred in law.

The Appeal Court, which held that the matter “in their brief of argument questions the validity, sustainability and reliability of the Supreme Court judgment in SC 194/2008”, stated, “the decision of the Supreme Court for all intent and purpose is binding on all courts in Nigeria and effect must be given to same.”

Dr. Kayode Adetifa, the lawyer to Oba Awolola, in his reaction to the judgment, said, “The Appellants’ suit was nothing but a subtle attempt at having a second bite at the cherry in the most precarious judicial manner as it patently involved a curious invitation to the Court of Appeal to tinker with the judgment of the Supreme Court already delivered on the issue of relocation of Ilejemeje Local Government headquarter from Iye Ekiti to Eda Oniyo Ekiti where it constitutionally belongs.

“Indeed, the Appellants merely invited the Honourable Court to commit an infraction on the principle of judicial hierarchy in the country. The Court of Appeal honourably resisted the unholy invitation by rightly dismissing the Appellants’ suit,” Adetifa said.