A Kogi State High Court sitting in Isanlu has nullified the purported appointment of the Oba of Egbe, Abiodun Agbana, declaring the appointment illegal.
The court said should stop parading himself as Oba of Egbe as he lacked the constitutional power to ascend the throne.
The presiding judge, Justice Samuel Obayomi, gave the ruling on an interlocutory injunction brought by the claimant, Capt. Folunrunsho Aremu (rtd) against Agbana and three others, challenging his selection and appointment of as the paramount ruler of Egbe land.
Apart from Agbana other defendants in the suit are the Kogi state government, ministry of local government and chieftaincy affairs and the Yagba traditional council.
Delivering judgment in the suit number: KGS/IHC/10/2016 & KGS/EHC/5/2016, the judge invalidated the Agbana’s appointment and ordered the parties to return to status quo also, banning the parties from proceeding with the coronation of the sacked king.
After listening to both parties, Justice Obayomi granted an order of mandatory injunction setting aside the recognition of Agbana by the Kogi State government.
Justice Obayomi further granted an order of mandatory injunction setting aside the issuance and acceptance of the certificate of recognition earlier issued to Agbana by the state government and any act or acts made in furtherance of the said acceptance by the defendant.
The judge also gave an order setting aside the proposed coronation of Agbana, saying that he resorted to self-help while the case was still pending before the court.
Delivering the ruling, the judge said “The first defendant is hereby restrained from parading, holding himself out and or in any manner whatsoever acting as the traditional ruler, pending the hearing and determination of this suit”
The court also gave an order “restraining the defendants especially the traditional institutions from setting in motion any process for the appointment of the Baale of Egbe during the pendency of the consolidated suits.”
Justice Obayomi said failure to obey the direction contained in the order by any of the defendants will amount to contempt of court.