(NIGERIA) Justice Musa Kurya of a Federal High Court in
Ikoyi, Lagos has ordered the removal of Oba Babatunde Akanbi Lawal as the
traditional ruler of Shasha in Lagos.
Delivering judgement in an enforcement of fundamental human
rights action initiated by one Babatunde Ismaila Akinlowo who had claimed to be
the rightful heir to the throne, and seven others, on behalf of themselves and
Akinlowo Olaife royal family of Shasha, the court held that, "In the
absence of any defence from the 10th respondent, I herby hold in favour of the
applicants.
"Consequently, judgement is herby entered in favour of
the applicants as per the Motion on Notice dated the 2nd December, 2013. Accordingly,
all the reliefs sought by plaintiff s are hereby granted except relief 17 which
deals with damages.
"Thirty million naira damages is hereby awarded in
favour of the applicants, not against the 1st-4th respondents but against the
10 and 11th respondents.
Respondents in the suit includes: The Inspector-General of
Police (IGP), a Deputy Inspector General of Police (DIG) Alhaji Abdul-Rahhman
Ola Akano, Governor Babatunde Fashola and the Lagos State Police Commisioner.
The removed oba and one of his aides, Tajudeen Usuman Akano,
are the 10th and 11th respondents, respectively. It would be recalled that the
applicants had urged the court to issue a, "Declaration that the 7th-9th
respondents (Lagos State government and the Lagos State Attorney-General) act of glossing over the
issue of crime of impersonation of the applicants’ royal family name,
Ogunronbi” and the subsequent installation of Lawal as Oba Nasiru Babatunde
Ogunronbi 1, was illegal and unconstitutional."
The applicants equally asked the judge to issue a
declaration that the alleged crime of impersonation by Oba Lawal, to get him to
occupy the throne was an illegality which attracted a 14-year jail term upon
conviction. They also want the court to issue an order mandating the authorities
in Lagos, "To depart from the error made" in the appointment of Lawal
as Oba of Shasha.
They alleged that the police was used to effect the arrest
of the first applicant (Akinlowo) and four other members of the royal family of
Akinlowo Olaife of Shasha and were detained for six days without bail in a
police cell, in defiance of an order of a Federal High Court.
The applicants wants the judge to declare that the act was
contempt of court and a violation of their fundamental human rights as
guaranteed under Section 34 (5) of the 1999 Constitution of Nigeria as amended.
They also asked the court to award a damage sum to the tune of N3, 000, 000.00
(Three hundred million naira against the IGP, the DIG, the
Lagos State Police Commissioner and other police officers listed in the suit,
for "Abetting the criminal act of the 10th respondent that wrecked so much
havoc on the landed property of the applicants and for the crime of contempt
committed against the valid order of this honourable court."
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