The Supreme Court has ordered a fresh hearing into the legal dispute over the Obaro of Kabba-Owe Stool and paramount rulership of Kabba-Owe land in Kogi State, directing that the case be heard on its merit by the Kogi State High Court.

In a judgment delivered on Friday, Justice Stephen Jonah Adah instructed that the case be remitted to the Chief Judge of Kogi State High Court for reassignment to another judge for a fresh hearing. The judgment in the appeal, marked SC/CV/796/2021, was prepared by Justice Heleen Morenikeji Ogunwumiju but read by Justice Adah.

The apex court upheld the decision of the Court of Appeal delivered on March 31, 2021, which had set aside the Kogi State High Court's judgment of October 10, 2019. The High Court had previously declined jurisdiction, ruling that the plaintiffs' case had become statute-barred.

At the center of the dispute is the appointment of Oba Solomon Dele Owoniyi (Otitoleke Oweyomade I) as the Obaro of Kabba. The Supreme Court affirmed that the plaintiffs from the Ilajo family have legal standing (locus standi) based on their claim to be the sole family entitled to produce the Obaro of Kabba.

The Ilajo family, comprising three ruling houses—Ajinuhi, Ajibohokun, and Mokelu—had sued the Kogi State Government and Kabba kingmakers in 2018 following Owoniyi's appointment. His selection was made pursuant to the Kabba-Owe Chieftaincy Law, which stipulates rotation of the first-class stool between the Akunmejila and Ilajo families.

The previous Obaro, the late Oba Michael Folorunso Olobayo, was from the Ilajo family, which prompted the government to appoint a candidate from the Akunmejila group in accordance with the rotatory provision of the law. However, the Ilajo family insists they have the exclusive right to produce the Obaro without consideration of any other family.

Those challenging Oba Owoniyi's appointment include Chief Henry Oluwole Aiyewumi (nominated by the Ilajo family), Chief Stephen Ojo Beleyi (for the Ajibohokun ruling house), Raphael Aiyegunle (for the Mokelu ruling house), and Olorunmola Oloruntobi (for Ajinuhi)—all from the Ilajo family.

The Kogi State High Court had initially rejected their claims in 2019, ruling that their case was statute-barred as they had not filed within the time allowed by law. Specifically, the court held that the Ilajo Royal Family had "slept for too long over their right" by failing to challenge the 1995 Edict that recommended rotation between it and the Akunmejila Royal Family.

Following an appeal by the Ilajo Royal Family, both the Court of Appeal and now the Supreme Court have directed that a fresh hearing be conducted to determine the propriety of the appointment, rather than dismissing the case on preliminary objections.

Reacting to the judgment, Mr. Dayo Akinlaja (SAN), lead counsel to Obaro Owoniyi, emphasized that his client remains the Obaro of Kabba and the paramount traditional ruler of Owe land. He clarified that the Supreme Court only ruled that the plaintiffs' case should be examined on its merit, and that the decision has not overturned the appointment made by the Kogi State Government.

"When the suit was instituted in 2018 to challenge Oba Owoniyi's appointment, a preliminary objection to its competence was raised based on jurisdiction, and it was upheld by the State High Court. Now that the decision of the High Court on the preliminary objections has been reversed, we are ready for the fresh hearing on the merit of the substantive matter," Akinlaja stated.

The unanimous decision of the Supreme Court justices has set the stage for a fresh determination of the legality of the Kogi State Government's actions in appointing Obaro Owoniyi, with the case expected to be heard expeditiously by the High Court.