A vacation judge of the Ogun State High Court sitting in Ijebu-Ode, Justice A. A. Omoniyi, has returned a suit instituted by the Fusengbuwa Ruling House against the Ogun State Government, Governor Dapo Abiodun and members of the Awujale kingmakers to the administrative judge for reassignment.
Justice Omoniyi, who presided over Court 3 of the High Court on Wednesday, consequently adjourned the matter to September 23, 2026, for mention before the appropriate judge.
The suit, marked HCJ/149/2026 and filed on August 21, 2026, was instituted by the Fusengbuwa Ruling House over the alleged stoppage of the process for selecting a successor to the late Awujale and Paramount Ruler of Ijebuland, Oba Sikiru Adetona.
In an interim ruling, Omoniyi explained that he would commence his annual vacation within the next week and might not resume until January 2027.
The judge said although he was aware of the urgency attached to the matter, the limited time available to him made it impracticable to complete the proceedings before his vacation.
He therefore directed that the case file be returned to the administrative judge, who could either retain the matter or assign it to another judge returning from vacation.
According to him, the decision was taken in the interest of justice and to ensure that the matter progresses without unnecessary delay.
He said the arrangement would make it possible for the case to be mentioned on September 23 before the judge to whom it would eventually be assigned.
Earlier, counsel to the Fusengbuwa Ruling House, Otunba Olusegun Otayemi, informed the court that all 15 defendants had been duly served with the court processes and that his clients were ready to proceed with the case.
Counsel to the 7th to 15th defendants, comprising the kingmakers, Asiwaju Kunle Kalejaiye, SAN, who appeared alongside Stephen Abolaji Okoya, said the defendants were still within the stipulated period for filing their responses.
A state counsel, W. A. Onawole, who appeared for Governor Abiodun, the Attorney-General and Commissioner for Justice, Oluwasina Ogungbade, SAN, and four other defendants, also told the court that the defendants would file their responses within the prescribed period.
The kingmakers were present in court, led by the Awujale Regent, Olorogun (Dr.) Sunny Kuku, co-founder of EKO Hospital and the Ogbeni Oja of Ijebuland.
Also present were the Chairman of the Fusengbuwa Ruling House, Otunba Abdulateef Owoyemi, his deputy, Otunba Adedokun Ajidagba, and the Vice Chairman, Prof. Fassy Yusuf.
Speaking after the sitting in a media chat with Eagle 102.5 FM, Ilese Ijebu, Kalejaiye said the suit was essentially seeking an order directing the government to stay away from the selection process and allow the Afobajes, or kingmakers, to discharge their statutory responsibilities.
He explained that the appointment of recognised chiefs was regulated by the Chiefs Law and subject to specific timelines.
“The truth of the matter is that the Afobajes that I represent have been brought to court by the Fusengbuwa Ruling House saying that they want the court to order the government to leave their big feet from the selection process which has been commenced.
“So, they’re asking for an order for the Afobajes to do their job and for the government to go and do their job.
“And I think it’s a very simple matter, really. Because I think the issue of the appointment of any recognised chief is governed by the Chiefs Law. And these are time calibrated.
“You know, seven days, 14 days, 21 days. So, I think, well, from the point of view of the Afobajes they want to do their job and leave the Jebus and Awujale.”
On the judge’s decision to return the file, Kalejaiye said the matter would either be assigned to another judge or retained by the administrative judge.
“Well, the position is that the court said that it’s a vacation judge and as such would not want to start the matter now. We’ll return the file back to the admin judge who will either assign it to herself or give it to another judge to do. But in the event that the admin judge says he should continue they will come back on the 23rd of September.”
On his part, counsel to the Fusengbuwa Ruling House, Otayemi, said the family approached the court after what it described as an unnecessary stoppage of the selection process.
He said the process had already commenced before the government intervened, adding that the law did not permit a deliberate halt to the exercise.
“Well, we’ve brought an action, essentially, because there was a stoppage of selection process after it has been initiated. And the law, as we know it, does not permit of a deliberate stoppage.
“Yes, if there are things that cause delays here and there, that can be excused, but not a deliberate, orchestrated stoppage, that’s why we are in court.”
Otayemi expressed concern over the prolonged vacancy of the Awujale stool, stressing that Ijebuland could not remain without a substantive monarch indefinitely.
“This matter is something that has some urgency in it. Ijebu Ode cannot remain kingless for so long. And that’s one of the reasons why we are in court,” he said.
Also speaking with the radio station, Chairman of the Fusengbuwa Ruling House, Otunba Abdulateef Owoyemi, said the family was compelled to seek judicial intervention after waiting for several months for the selection process to resume.
According to him, the ruling house completed its part of the process within the period prescribed by law, but the exercise was subsequently halted.
“We waited for seven months. We had only 14 days by the law to do what we have done. And we did it within 10 days and immediately we delivered the papers to the kingmakers they only had seven days to finish and appoint an Awujale.
“From nowhere, a letter came asking that the whole thing stop because of what they call petitions which we never saw, we don’t know who wrote the petitions, the security report which we have never seen a copy of till today’s date.
“And we’ve been waiting for seven months! The Imam, the Muslims of Ijebuland, the Christians of Ijebuland, have tried all they could in the whole world to have access to the governor so that this matter can move forward, but nothing has happened! We can’t wait forever! And we have to approach the court for intervention.”
The ruling house had earlier dragged Governor Abiodun, the Awujale kingmakers and other government officials before the High Court in Ijebu-Ode, seeking orders compelling the completion of the process for selecting the next Awujale and Paramount Ruler of Ijebuland.
The suit was filed by Owoyemi, Ajidagba and Prof. Chief Fassy Yusuf on behalf of the Fusengbuwa Ruling House.
Among those joined as defendants are the Ogun State Attorney-General and Commissioner for Justice, Oluwasina Ogungbade, SAN; the Ogun State Executive Council; Commissioner for Local Government and Chieftaincy Affairs, Ganiyu Hamzat; the Chairman of Ijebu-Ode Local Government, Dare Alebiosu; and the Secretary of Ijebu-Ode Local Government.
The members of the Awujale Afobaje/Kingmakers Council listed as defendants include Olorogun Sonny Kuku, Chief Rasheed Adesanya, Chief Oluwaranti Lekan Osifeso, Chief Jimi Lawal, Chief Abimbola Okenla, Chief Kunle Ogunade, Chief Agboola Alausa, Chief Adebisi Adaran and Chief Ayotunde Ola Odulaja.
The claimants are asking the court to determine whether the state government had the legal authority to order or facilitate the alleged entry into and locking of the Awujale Palace on January 20, 2026, allegedly to prevent the kingmakers from convening and concluding the statutory selection process.
They also want the court to determine whether the Ogun State Obas and Chiefs Law 2021 permits the government to halt the nomination or selection process for the Awujale “under any guise.”
The ruling house is further seeking a declaration that, having convened its meeting and completed its internal nomination process within the period prescribed by law, it had discharged its statutory responsibility under Section 16 of the Obas and Chiefs Law of Ogun State 2021.
The Awujale stool became vacant in July 2025 following the death of Oba Sikiru Adetona at the age of 91, after 65 years on the throne.
The Ogun State Government subsequently halted the selection process in January 2026, citing petitions from security agencies and stakeholders, following an earlier suspension over procedural concerns in December 2025.
A total of 95 aspirants, comprising 94 princes and one princess, reportedly emerged from the ruling house nomination process held in Ijebu-Ode in December before the government halted the exercise.
