The Court of Appeal sitting in Ado Ekiti has upheld the decision of the Ekiti State High Court, which nullified the selection and appointment of the Owa of Odo Ayedun Ekiti, Oba Ilesanmi Ajibade.
The court in an unanimous decision on Monday evening in Ado-Ekiti, held that the Ekiti State Government was wrong to have cancelled the first selection process and ordered for a fresh one, saying it has no absolute power in law to do so.
In the three-man panel judgement read by Justice E. O. Dawodu-Williams, the court validated the first selection process held on November 2, 2009, which produced Prince Adekunle Adeniyi, an Assistant Director in the Ekiti Ministry of Information, to occupy the vacant stool.
Justice Dawodu-Williams, who resolved all the issues formulated for determination in the case against the appellant and in favour of the respondent, Prince Adekunle, affirmed the judgement earlier delivered by Justice A. Adelodun of the High Court sitting in Ikole-Ekiti on the tussle.
The court further held that there was no evidence before it to show that the selection process that produced the claimant was marred by violence, as alleged by the appellant, thereby dismissing the appeal for lack of merit.
Counsel to the appellant, Obafemi Adewale, said his client would proceed to the Supreme Court, to file an appeal against the judgement.
Counsel to the claimant, Dr. Ropo Filani, described the judgement as a deserving one.
The News Agency of Nigeria reports that the case, which started 10 years ago, was first determined at an Ikole-Ekiti High Court on June 28, 2016.
The two children of Oba Ajibade, who refused to give their names, however, declined comment when accosted.
But Adeniyi, who was present in court, thanked the kingmakers for standing by him and the truth in the course of the entire judicial procedure.