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Tuesday, July 15, 2014

Fundamental rights: Judge directs removal of monarch



(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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