An Osun State Chief Magistrate Court has ordered a warrant of arrest against a first class traditional ruler in the state, the Oluwo of Iwo, Oba Abdulrasheed Akanbi after he failed to show up in court to defend allegations against him.
The arrest warrant is coming days after Chief Magistrate, Olusola Aluko, threatened at the last sitting of the court that if Oba Akanbi failed to appear before him in compliance with the order of the court on November 25, in a case filed against him by the Oluwo of Iwo-Oke, Oba Kadiri Adeoye, he would have no option but to issue a bench warrant for his arrest.
At Tuesday’s sitting, while the applicant, Oba Adeoye, was in court, the Oluwo of Iwo was conspicuously absent, a situation that drew the rage of Magistrate Aluko.
He had at the last sitting sent another monarch, Ologburo of Ogburo, Oba Asimiyu Sadiq, to represent him.
Counsel to the Oluwo of Iwo-Oke, Mr Soji Oyetayo, in his submission urged the court not to entertain any of the applications filed by the respondent until he complies with the order of the court.
He said: “The first respondent (Oba Akanbi) filed an application of stay of proceeding yesterday afternoon, so, I am of the opinion that he is not ready to move any application today.
“Meanwhile, the court made an order on 25 November, 2016 and up till now the order has not been complied with. The application asking for a stay of proceeding cannot stay the order already made.
“The order of the court is meant to be obeyed. The non-appearance of the first respondent in this matter is a flagrant disobedient of the order of the court”.
Counsel to Oba Akanbi, Mr Olayide Yekeen, explained that his client submitted the notice of preliminary objection, challenging the jurisdiction of the court to hear the case on November 15 and that by careful perusal of the State Magistrate Law, Section 19:1, the court could not entertain the matter.
According to him, “it is the threshold of all cases that whenever the issue of jurisdiction is raised, it is to be taken first. On the issue of jurisdiction and the competence of the case, the respondent has the right to be heard first before any enquiry can be made in the matter”.
In his ruling, Magistrate Aluko stated that he agreed with the respondent’s counsel that the issue of jurisdiction must be treated first.
“On the order of the court made on November 25, 2016, the order remained. I hereby issue a bench warrant against the first respondent while further proceeding on the matter is adjourned to December 27, 2016,” he told the court.
Making Money Through “Yahoo Yahoo”
Oba Adeoye had approached the Magistrate Court accusing the Oluwo of Iwo of concealing some facts about his past to the state government when he was installed as a first class monarch about a year ago.
Oluwo-Oke in a 33-paragraph affidavit said Oba Akanbi’s character did not befit a person of his status and calibre as he was used to carrying armed thugs, miscreants and hoodlums around to harass, intimidate, molest and attack persons whom he perceived as his enemies.
He further alleged that Oba Akanbi forged his name to obtain travelling documents to the United States where he was jailed in New York City and deported to Nigeria in year 2000.
He added that Oba Akanbi later travelled out with his real name to Canada in 2001 and became a Canadian citizen but was also arrested in Toronto and was in jail between 2006 and 2007.
“These facts were concealed for the state government which appointed and installed him as the Oluwo of Iwo,” the suit read.
He also accused him of presently making money through the internet fraud otherwise known as “Yahoo Yahoo” and was using his palace as a cover-up.
But Oba Akanbi reacted to these allegations in a 13 paragraph affidavits through the Aremo of Iwo land, Mr Adelani Akanbi, describing the application filed against the Oluwo of Iwo by Oba Adeoye as “scandalous, vexations and designed to embarrass, blackmail and ridicule the monarch in the view of right thinking members of the society”.