The legal dispute over traditional leadership and governance in Oworo Kingdom has taken another turn, with Chief Kabiru Adesegun Basiru, the Kekeniju of Oworo, asking the High Court of Lagos State in Ikeja to halt the enforcement of an earlier ruling pending the determination of his appeal.
In a motion on notice filed under Suit No. ID/9885GCMW/2023, Basiru is seeking an order for a stay of execution and/or an injunction to restrain further enforcement of the ruling while his appeal is pending before the Court of Appeal.
The applicant is represented by a legal team led by Senior Advocate of Nigeria (SAN), D. A. Awosika.
The respondents include Prince Adeniyi Saliu, Princess Mistura Kalejaiye Saliu, Chief Akinola Saliu, Chief Biliaminu Saliu, Chief Akibu Akanni Owoseni, Chief Rosulu Seidu and Mr Lukmon Gafar Olaoluwa.
Other respondents are the Governor of Lagos State, the Attorney-General of Lagos State and HRM Oba Babatunde Saliu, the Oloworo of Oworo Kingdom, who is listed as representing himself and the Oworonshoki community.
Grounds for the application
In the written address supporting the application, Basiru’s counsel stated that a notice of appeal had been filed at the Lagos Judicial Division of the Court of Appeal and attached to the application as Exhibit B.
The legal team argued that the appeal raises substantial legal questions bordering on jurisdiction, statutory interpretation and other issues affecting the basis of the lower court’s decision.
Citing legal authorities, including Nika Fishing Co. Ltd. v. Lavina Corporation and Balogun v. Balogun, counsel submitted that allowing the ruling to be enforced before the appeal is determined could undermine the appellate process.
The applicant’s lawyers further argued that enforcement could compromise the subject matter of the dispute, render the appeal nugatory and affect Basiru’s right to a fair hearing.
Reliefs sought
The application asks the High Court to preserve the status quo by restraining further execution of the contested ruling until the Court of Appeal determines the pending appeal.
The motion is to be served on the legal representatives of the respondents, including Universal Solicitors & Advocates for the claimants, the Lagos State Ministry of Justice for the state defendants and Pinheiro LP for the third defendant.
The application is a request by Basiru and does not, by itself, amount to a court order granting a stay of execution. The court’s decision on the motion will determine whether enforcement of the earlier ruling is suspended.
The case concerns the traditional leadership and governance of the Oworo Kingdom, with implications for the parties and the wider Oworonshoki community.
