The Ogun State High Court in Sagamu has declared the installation of Olugbenga Somade as the Akufon of Idarika, Iperu Remo, Ogun State, illegal and void.
Presiding over the case, Justice O.S. Oloyede ruled that Somade must cease presenting himself as the Akufon of Idarika, nullifying all associated documents, including his staff of office, certificate of office, and coronation ceremony.
This judgment followed a suit filed by Pa Fasasi Ogunmuyiwa, the head of the Igundaniyan ruling house, alongside Prince Moshood Onakoya.
They had sought the court’s intervention to halt Somade’s installation and invalidate his claim to the throne.
In the ruling, Justice Oloyede emphasized that both parties must uphold the status quo while the legal process continues.
He further noted that the Ogun State Executive Council and the Attorney General had been aware of an injunction against the defendants, yet proceeded with the installation, an act he described as a clear disregard for the rule of law.
Highlighting the importance of legal due process, the judge stated that the claimants’ application sought to uphold the law and overturn actions taken in defiance of ongoing court proceedings.
He ruled: “This application succeeds and is granted, effectively nullifying Somade’s appointment and ordering the return of all related documents.”
Justice Oloyede further noted that, “The essence of the claimants’ present application is to undo what the Defendants did in flagrant disrespect to due process of law. Therefore, the parties to this case have to be restored to the status quo ante bellum by setting aside all the acts of the Defendants aimed at this instant application for foisting on the Honourable Court a fiat accompli and facing the Court with a fiat accompli.”
In his final judgment, the court invalidated Somade’s appointment, stating, “Accordingly, the approval of appointment, enthronement, and coronation of 5th Defendant Olugbenga Somade as the Akufon of Idarika are hereby set aside for having been carried out during the pendency of an application for an interlocutory injunction in this case.”
Justice Oloyede underscored the importance of respecting court processes, adding, “Once a party is aware of a pending Court process, and whether the Court has not given a specific injunctive order, parties are bound to maintain the status quo pending the determination of the Court process.”
He further warned that a party should not benefit from actions taken in defiance of court proceedings, “That an Injunction cannot be granted to restrain a completed act. However, where the party sought to be restrained deliberately proceeds with the action intended to be restrained by an order of injunction after becoming aware of the pendency of an application before a Court of competent jurisdiction as in the present case- such a party ought not to be allowed to profit from his misconduct and/or total disrespect to the court of law.”
