Tension arose at the Ondo State High Court in Akure as Judge Justice David Kolawole sought to preside over a case already settled by the Federal Court of Appeal.
The courtroom witnessed a clash of legal perspectives when Defense Counsel Jimoh Famoritiye, representing Chief Dapo Agbede, argued against Justice Kolawole’s jurisdiction to revisit a matter already adjudicated by an appellate court.
However, Justice Kolawole remained resolute in his decision to proceed with the trial, citing allegations of fraudulent procurement of the appellate court’s judgment.
Previously, a suit concerning land ownership in Agbeja community, Akure South Local Government Area, had been dismissed by the High Court in Akure under the direction of Justice William Akintoroye.
This decision was subsequently affirmed by the Appeal Court Division in Akure, presided over by Justices Oyebisi Omoleye, Oziakpono Oho, and Y. A Bashir, thereby solidifying the lower court’s ruling on the contentious land dispute.
However, one of the defendants in the previous case, Chief Sunday Ijalana, through his counsel, Biodun Fasakin, filed a fresh case to upturn both the decision of the lower and appellate court.
The suit filed by Biodun Fasakin on behalf of the claimants said: “That the judgement dated 31st March, 2021 delivered in suit No. AK/234/2014; Sunday Fayeun and 3 others versus Tuyi Omopariola, having been obtained by fraud by the defendants, is irregular, defective, null, void and unconditional.
Also, he asked for “An order setting aside the said judgement dated 31st March, 2021 in suit No. AK/234/2014; Sunday Fayeun and 3 others versus Tuyi Omopariola, and all processes incidental thereto, forthwith.
He sought “A perpetual injunction, restraining the defendants, their agents, privies, assigns, representatives, whosoever/howsoever from laying any further claim to the claimants Arowa family land and/or engaging in any other unlawful acts on the claimants family land, howsoever, ostensibly on the basis of the said judgement dated 31st March, 2021 in suit No. AK/234/2014; Sunday Fayeun and 3 others versus Tuyi Omopariola, forthwith.”
However, counsel to the defendants, Jimoh Famoritiye, asked the court to strike out or dismiss the suit, insisting that the court lacked the jurisdiction to entertain the suit already decided by superior court.
He said since the appellate court had dismissed the appeal sequel to the withdrawal of Notice of Appeal filed by the claimants, the court cannot sit on appeal of a superior court.
The judge, Kolawole, however, fixed May 24th, 2024 for ruling whether he could adjudicate on the suit already decided by an Appeal Court.
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