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Tuesday, December 6, 2022

Appeal court nullifies deposition  of  Oba  Ikudehinbu

By Sunmola Olowookere
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The last is yet to be heard on the leardership tussle rocking Ori Oke Iwamimo Community in Ilaje Local Government  Area of Ondo, state, as  Court of Appeal sitting in Akure has nullified the 2008 judgment of the Federal High  Court on the matter and ordered a retrial of the case.

The Federal High Court in Akure, the Ondo State capital had delivered a judgment in 2008 on the Spiritual Head and leadership crisis in the Christian Community and set aside the appointment of Oba Alebiosun  Jabez Ikudehinbu as the leader and spiritual head of Ori Oke Iwamimo.

This decision was challenged at the appellate court and it dragged on for years until it was declared as null and void during the week by the Appeal Court Justices, led by Justice Uzo Udkwe-Anyanwu, who ordered thyat the case be assigned to a High Court Judge to start afresh.

According to information before the court, Oba Ikudehinbu had succeeded his father, late Oba W.E Ikudehinbu but was dragged to the Federal High Court by the other party led by  Pa Sunday Afotan, Rev. Shola Adebanwo  and  four others.

In the suit filed before the lower court, they had challenged his appointment and it was eventually set aside by the court.

Following the setting aside of his appointment, Oba Ikudehinbu  through his counsel, Barr. Okorisa Orimisan had filed an appeal at the appellate court challenging the judgement on the ground of lack of jurisdiction.

The appellants counsel had raised three issues for determination before the appeal court.

The first was that the Federal High court had no right of jurisdiction to hear the case, while the second was that it did not properly evaluate the evidence of the parties appearing before it.

According to Okorisa, the trial judge relied solely on the case of the respondents without considering that of the appellants.

Another issue raised was that a court has a duty not to act upon evidence that is inadmissible in law even if the other party had consented to its admissibility.

While delivering the judgement,  Justice Uzo I. Ndukwe-Anyanwu ruled that the issue of  jurisdiction is resolved in favour of the appellant. Therefore, the proceedings and the judgement obtained in the Federal High Court was declared null and void.

While invoking the power conferred on it by the Court of Appeal Act, the court  transferred the suit to the Chief Judge of Ondo State who would  assign it  to a high court judge to start afresh.

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