An Ilorin High Court sitting has dismissed a suit instituted by the deposed Balogun Alanamu of Ilorin, Alhaji Shuaib Mahmud, against the Emir of Ilorin, Alhaji Ibrahim Sulu-Gambari, the Ilorin Emirate Council and the current Balogun Alanamu, Abubakar Jos.
The presiding judge, Justice E.B Mohammed, in his ruling said: “the writ of summon of the claimant which was unsigned is incompetence and thereby lacked merit as such.”
The Emir of Ilorin had in 2005 deposed Alhaji Mahmud as the Bolagun Alanamu of Ilorin and appointed and installed Alhaji Abubakar Jos.
The claimant through his lawyer, Femi Falana (SAN) and Abeni Mohammed (SAN), had dragged the Emir of Ilorin and others to court over his deposition describing it as illegal, irregular, unlawful, null and void and of no effect whatsoever.
He noted that it is contrary to the custom, tradition and practice of the Balogun Alanamu family of Ilorin and that the family has not removed or recommended his deposition and that he still commands respect, support and loyalty of the entire members of the family with the exception of the newly-appointed Balogun Alanamu.
The senior lawyers in their writ of summon had earlier prayed for “a declaration that the purported appointment of Alhaji Abubakara Jos as a parallel Balogun Alanamu of Ilorin by the Emir of Ilorin is contrary to the custom, tradition and practice of the family and is therefore null and void and of no effect whatsoever.
“A declaration that the plaintiff is stills the Balogun Alanamu of Ilorin and should be recognized and accorded the respect and honour as the occupant of that office by the defendants. An Order of injunction retraining the Emir of Ilorin and the Ilorin emirate Council, their servants, agents privies howsoever from appointing and giving effect to the purported appointment of Alhaji Abubakar Jos as the Balogun Alanamu of Ilorin among others.”
Meanwhile, the defendants through their lawyers; Mallam Yusuf Ali (SAN), Abubakar Bature Sulu-Gambari and Imam-Bushra Aiyegbami respectively, in their motion on notice told the court that: “The writ of summons of the claimant dated October 6, 2005 is nothing but worthless paper.”
According to the document: “The issue of jurisdiction is so fundamental such as it can be raised at any time before judgment, even at the appellate level as well as at the Supreme before, even for the first time. Before a court can assume jurisdiction on any matter, conditions precedent must be satisfied.
“Alhaji Shuaib Adio failed to satisfy the condition precedent to the institution of this case as required by the law. The originating process that informed this case was signed by persons is ab ignition, thus devoid of legal recognition, thereby is liable to be struck out. Where such a writ is struck out, the entire suit will collapse alongside.”
The defendant, however, maintained that, “the only justice that can be said to be substantially done in this case is to strike out this case as speculation, sentiment or instinct has no place in law.”
Justice Mohammed in his rulings therefore granted the prayers of the defendants as he struck out the suit for incompetent, lack of merit and that it has no place in the law.