THE Court of Appeal, Ekiti Judicial Division, has dismissed for lack of merit the appeal filed by the Oniye of Iye Ekiti, Oba Jonathan Adeleye-Oni, and the President, Iye Development Association, Elijah Kupolati, against the verdict of an Ado Ekiti High Court on the relocation of the Ilejemeje Council headquarters from Iye Ekiti to Eda Oniyo.

In a unanimous decision, Justices Fatima Akinbami, T.N Orji-Abadua and Paul Elechi, in the judgment delivered by Akinbami, affirmed the verdict of the lower court on November 19, 2019 which held that there was no merit in the originating summons of Oba Adeleye-Oni and Kupolati.

In the appeal with No: CA/EK/06/2020 delivered on November 18, the Appeal Court held, “The case of the appellant as presently constituted in this appeal has been finally determined by the Supreme Court in Suit No SC/194/2008. The appeal is devoid of any merit and is hereby dismissed”.

The Appeal Court, which held that the matter “in their (the appellant’s) brief of argument questions the validity, sustainability and reliability of the Supreme Court judgment in SC 194/2008”, stated, “the decision of the Supreme Court for all intent and purpose is binding on all courts in Nigeria and effect must be given to same”.

The state government had following a judgment of the Supreme Court dated December 14, 2018, which declared Eda Oniyo as the valid headquarters of the council, relocated the council’s seat of power from Ilejemeje to Eda Oniyo.

But the Oniye and the IDA boss dragged the state governor, Dr Kayode Fayemi; the Attorney General, Olawale Fapohunda; and the Eleda of Eda Oniyo, Oba Julius Awolola to an Ado Ekiti High Court to challenge their action, saying the Supreme Court, in its judgment did not consider the Local Government Administration Law, which recognised Iye Ekiti as the headquarters of the local government.

But the lower court had, in its judgment on November 19, 2019, dismissed the suit, saying the Oniye and IDA boss approached a wrong court to seek redress over a judgment by the Supreme Court.

following which they headed to the appellate court for determination that the lower court erred in law.

In this article: