In the case of Prince Adegboyega Famoodun filed at the Federal High Court2, Osogbo, Osun State in Suit Number: FHC/OS/C5/61/2024 between Prince Adegboyega Famoodun and IGP & 10 Ors.
These are the prayers of Prince Famoodun before the Court:
(a) A Declaration that the Applicant being a citizen of the Federal Republic of Nigeria and an indigene of Igbajo, Osun State he cannot be banished, removed or expelled from Igbajo forcefully by any of the Respondents.
(b) A Declaration that the Applicant is at liberty to remain in Igbajo or any other part of Osun State he desires and his right to freedom of movement cannot be curtailed or limited by any of the Respondents.
(c) An Order of Injunction restraining the Respondents from banishing, removing, ejecting and/ or expelling the Applicant from Igbajo Town or any other place in Osun State.
(d) An Order of Injunction restraining the Respondents, especially the 1st-4th Respondents, whether by themselves, or through their officers, agents, servants, privies and otherwise from inviting, interrogating, questioning, arresting, detaining, intimidating, arraigning, and/or harassing the Applicant as a result of his presence in Igbajo Town or any part of Osun State, particularly at the instigation, direction or prosecution of the 5th to 11th Respondents and/or in connection with or in respect of any enforcement of the White Paper of the 5th to 11th Respondents gazetted on the 25th day of January, 2024, but released to the general public on the 5th February, 2024.
(e) An Order of Injunction restraining the 1st to 4th Respondents whether by themselves or by their officers, agents, servants, privies and otherwise from intimating the Applicant or threatening to unlawfully interrogate, question, arrest, detain, arraign or harm the Applicant’s life and properties or any other manner infringe on the Fundamental rights of the Applicant and/or in connection with or in respect of any enforcement of the White Paper of the 5th to 11th Respondents gazetted on the 25th day of January, 2024 but released to the general public on the 5th day of February, 2024.
(f) A Declaration that the 5th to 11th Respondents publication of the Osun State Government White Paper gazetted on the 25th day of January, 2024 but made available to the general public on the 5th day of February, 2024 was done in breach of the Applicant’s rights to fair hearing guaranteed under section 36 of the Constitution of the Federal Republic of Nigeria 1999 (CFRN) (as amended) and therefore unconstitutional void and of no effect.
(g) A Declaration that the Applicant is entitled to the protection of his Fundamental rights to personal liberty, dignity of human person, fair hearing, freedom of peaceful assembly and association as well as his right to freedom of movement, all guaranteed under the CFRN.
(h) A Declaration that the proceedings of the Osun Government’s Chietaincy Review Committee, the Report published by the said Committee and the 5th - 11th Respondents’ acceptance of the Report of the Committee as it relates to the Applicant is unconstitutional and a nullity for being in breach of the Applicant’s right to fair hearing, hence liable to be set aside and nullified.
(I) An Order of the Honorable Court nullifying and setting aside the White Paper of the 5th to 11th Respondents gazetted on the 25th day January, 2024 but made available to the general public on 5th day of February, 2024 for being in utter breach of the Applicant’s right to fair hearing.
(J) An Order of Injunction restraining the Respondents, particularly the 5th to 11 Respondents, their agents, agencies, employees, privies, assigns, persons acting on their behalf and/or instruction, from enforcing the White Paper gazetted on the January, 2024 but released to the general public on the 5th February, 2024 for breach of the Applicant’s right to fair hearing.
(k) Cost of this application.
(l) Such further Order or Orders the Honorable Court may deem fit to make in the circumstances of this case.
The Legal Issues involved.
1. The trial Court granted prayer A to E for Prince Adegboyega Famoodun.
2. The trial Court dismissed prayer F to L of Prince Adegboyega Famoodun and ordered that if Prince Adegboyega Famoodun committed any criminal offense, he should be arrested.
The implication of the Judgment:
The implication of the Judgement is that Prince Adegboyega Famoodun has failed woefully in the case, the impression given to Prince Adegboyega Famoodun by his team of Lawyers is that the Federal High Court will nullify the White Paper and return him back to the stool of Owa of Igbajo when they know fully well that the Federal High Court does not have jurisdiction over Chieftaincy Matters and they based Prince Adegboyega Famoodun case on this legal falsehood which formed the bases of prayer F to J which was dismissed by the trial Court.
The general public should know that there was never a time the Osun State Government is planning of banishing Prince Famoodun from Igbajo or to arrest him. He just want use this case if he succeeds to be parading himself as Owa of Igbajo when we have already have existing Owa of Igbajo, HRM Oba (Dr.) Ademola Makinde duly recognized by constituted authority and if Prince Famoodun does that, is highly Criminal in nature. I want the general public to disregard the fake news being peddled around by Prince Adegboyega Famoodun and his APC supporters. My best regards.
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