… Upholds lower court’s decision
The Supreme Court has struck out an appeal filed by Micheal Onakoya against the decision of the Lagos Division of the Court of Appeal which affirmed the judgment of the lower court that dethroned him as king and Orijeru of Igbooye land, Epe.
The apex court in the suit SC//CV//969/2024 read by Justice Adamu Jauro described the appeal by Onakoya as incompetent having been filed out of time.
The judgment reads in part: “The court observed that the Notice of appeal on page 442 of the record was filed on June 29, 2020 against the decision delivered by the Court of Appeal Lagos Division on March 26, 2020 which was out of the time prescribed by Section 27 of the Supreme Court Act. Though learned Prof. Yusuf Ali (SAN) for 7th respondent has urged the court to hear the appeal, we do not deem it proper to hear an incompetent appeal.
“Consequent upon the foregoing the Notice of Appeal filed June 29, 2020 in Appeal No. SC/969/2020 is incompetent having been filed outside the time prescribed by the Section 27 of the Supreme Court Act and it is hereby struck out. Notice of appeal is hereby struck out.”
The Court of Appeal, Lagos Division had in March 2020 affirmed the judgment of a Lagos High Court sitting in Igbosere which dethroned Michael Onakoya as the traditional ruler and Orijeru of Igbooye land, Epe.
Dissatisfied, the deposed king had approached the Court of Appeal and sought the order of the court to set aside the judgment of the lower court delivered on April 19, 2016 by Justice Iyabo Kasali.
But the three-man panel of the appellate court, Justice Mohammad Lawal, presiding, Justice Ugochukwu Ogakwu and Justice Jamilu Tukur, in a unanimous decision, dismissed the appeal filed by the deposed monarch.
The justices of the Court of Appeal held that the application by the former king of Igbooyeland was lacking in merit.
