Demola Akinyemi
1 December 2008
An Appeal Court, in Ilorin has restrained Alhaji Mohammed Adebayo from parading himself as the new Balogun Gambari of Ilorin pending the determination of the substantive suit at the lower court.
It would be recalled that the Ilorin Emirate Council headed by the Emir of Ilorin, Alhaji Ibrahim Sulu Gambari had on September 23, 2005 allegedly removed Alhaji Abdulkareem Buhari as the Balogun Gambari and replaced him immediately with the new one.
Unhappy with his removal, the removed Balogun Gambari headed for the court for a reversal of the emirate council.
In his ruling at the high court, Justice Banji Orilonise said, "after listening to the submissions of the learned counsel to both the plaintiffs/applicants and respondents and upon a careful perusal of the affidavit and counter affidavits filed in this applications as well as the exhibits attached thereto, it is hereby ordered that Alhaji Mohammed Aliyu Adebayo is hereby restrained from parading, presenting or holding himself out as Balogun Gambari of Ilorin, or from going into, entering or using the traditional palace or office of Balogun Gambari of Ilorin or from using that office for any purpose howsoever pending the determination of the substantive suit.
"That the 2nd and 3rd respondents namely: His Royal Highness (HRH), Alhaji Ibrahim Sulu Gambari, the Emir of Ilorin and Ilorin Emirate Council are hereby restrained by themselves, their servants, agents or privies and however from giving effect to the purported appointment of the 1st respondent, Alhaji Mohammed Aliyu Adebayo as Balogun Gambari of Ilorin or from recognizing him as such pending the determination of the substantive suit."
But in a suit response, the Ilorin emirate council and emir of Ilorin headed for the Appeal Court, praying the court to crush the interlocutory injunctions granted the plaintiffs/applicants.
In a unanimous ruling of the three man panel, read by Justice Iganatus Agube last friday it said that the removal of the old Balogun Gambari was illegal and not in compliance with the customs of the Ilorin Emirate council.
Other Justices of the panel are Olufunmilola Adekeye (head of the panel) and Sontonye Denton-West.
Justice Agube pointed added that "you cannot appoint a new Balogun Gambari when the substantive Balogun Gambari is still in existence. Alhaji Buhari has been the Balogun Gambari of Ilorin since 1988.
"But he has a recognition, his right has to be protected pending the determination of the substantive issue.
The high court was right to have granted the interlocutory injunctions. The status quo ante has to be maintained.
The balance of convenient is in favour of the 1st respondent. The other one parading himself as the Balogun Gambari does not have anything to show for it.
"The appeal is hereby dismissed and there is no basis for transferring the case from Justice Banji Orilonise's court."
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