Oyo State Governor, Senator Abiola Ajimobi has appealed against the judgment of the state High Court, Ibadan division which declared the review of the 1957 Olubadan Chieftaincy Declaration and Other Related Chieftaincies in Ibadan land by the Justice Akintunde Boade Review Commission unconstitutional, illegal, null, void and of no effect.
The Governor in a 11- ground appeal filled at the Court of Appeal of Nigeria, Ibadan Judicial Division by his counsels led by Yusuf Ali , a Senior Advocate of Nigeria, sought for an order setting aside the ruling and Judgment of the Oyo State High Court, Ibadan Judicial Division, delivered on the 19th January, 2018.
Justice Olajumoke Aiki J. had on Friday January 19, 2018 in the suit filed by the former governor of the state and Osi Olubadan of Ibadanland, Sen. Rashidi Ladoja challenging the decision of Governor Ajimobi to set up the Justice Boade review commission ruled that Sections 10, 12 and 25 of the Oyo State Chiefs Law do not empower the governor to set up the committee
Other reliefs sought by Governor Ajimobi in the appeal which has High Chief (Senator) Rashidi Ladoja and Hon Justice Akintunde Boade (Rrt) (for himself and on behalf of all members of the Judicial Commission of inquiry on Olubadan Chieftaincy) as Respondents 1 & 2 include an order upholding the Appellant’s Preliminary Objection raised against the 1st Respondent and an order dismissing the case of the 1st respondent in its entirety.
In ground 6 of the appeal, the governor posited that the learned trial judge erred in law and totally misinterpreted sections 10, 12 and 25 of the Oyo State Chiefs Law when interpreting the sections by introducing extraneous provisions which are not contained in the law, thereby excluding the general scheme and the general provisions of the law.
The governor noted that in the interpretation of a law, the court cannot interpret the section in isolation of each other bust must interpret them holistically, that the court in interpreting the provisions of a statute has no right to read into words that are not in the statute with a view to arriving at its conclusion.
He added that there is no provision in the Oyo State Chiefs Law that takes away the rights of the Governor from instituting a commission of Inquiry to look into issues on matters on which the House of Assembly could make law.
The governor stated in another ground of appeal that the Learned trial judge erred in law and totally misapprehended and misinterpreted the provisions of the Chiefs Law of Oyo State in coming to the conclusion and agreeing with the 1st respondents that only indigenes of Ibadan could be made members of the Commission of Inquiry set up by the Governor to look into Ibadan chieftaincy stool, saying that he (Governor) has absolute discretion under section 25 of the Chiefs Law of Oyo State as to the membership of any Commission of inquiry including the one dealing with Ibadan Chieftaincy.
He stated that the learned trial judge took a very narrow view in interpreting the provisions of section 25 of the Chiefs Law of Oyo State complained about and that the law donates wide discretionary powers to the Governor and the court cannot take away such powers donated by law under any guise.
In another grounds of appeal, the governor said that the Learned Trial Judge erred in law by overruling all the heads of the preliminary objection raised to the competence of the 1st Respondent’s case and in the process failed and refused to follow decided authorities of Appellate Courts cited before him and thereby embarked on clustered justice which led to a miscarriage of justice against the Appellant.
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