Kwara State High Court sitting in Ilorin has struck out a suit challenging the installation of Oba Isiaka Babatunde Abdulmalik as the Alagunji of Agunji in Ifelodun local government area.
The suit was filed by Taye Bello and others, represented by Barr. Ibrahim Alabidun, against the governor of Kwara State, attorney-general and commissioner for justice, and the Ifelodun local government council.
The claimants had contended that Oba Abdulmalik was not from a recognised ruling house and was therefore not qualified to be installed as the Alagunji of Agunji.
In his defence, the state attorney general and commissioner for Justice, Ibrahim Sulyman, filed a statement of defence and a notice of preliminary objection challenging the competence of the action.
Delivering his ruling, Justice Muritala Folorunsho upheld the preliminary objection argued on behalf of the state government by the attorney general and struck out the suit for being incompetent.
The court held that the claimants failed to comply with two mandatory provisions of the applicable Kwara State law governing chieftaincy disputes.
Justice Folorunsho emphasised that the claimants did not exhaust the statutory procedure by first invoking the governor’s inquiry process prescribed by law before coming to court.
He ruled that judicial intervention could only be sought after that procedure had been completed and a party remains dissatisfied with the outcome.
He added that the claimants failed to pay the mandatory non-refundable statutory fee of N250,000 into government coffers before filing the suit.
He further observed that payment was made in instalments after the suit had been filed, which did not meet the legal requirement.
Justice Folorunsho ruled that there is presently no legal impediment to the installation of Oba Abdulmalik.
He said that the monarch would continue to occupy and perform the functions of the office of the Alagunji of Agunji in accordance with the law.
