An Oyo State High Court sitting Ibadan on Tuesday declared the proxy service on the Olubadan of Ibadanland, Saliu Adetunji, by the claimant to the throne as invalid.
Adebayo Oyediji of Seriki Chieftaincy line is challenging the installation of Mr. Adetunji as the Olubadan of Ibadanland by Governor Abiola Ajimobi of Oyo State.
Justice Moshood Abass made the declaration when the claimant’s counsel, Abideen Adeniran, informed the court that Mr. Adetunji was not served court summon personally but through Ajao Iliasu, Secretary to Olubadan-in-Council.
Mr. Abass said that an order of substituted service must first of all be obtained from the court before the court summon could be served on any other person aside from the Olubadan.
The judge said that the court summon served on Olubadan through the Secretary to Olubadan-In-Council was invalid.
The claimant counsel, then prayed the court for a date to file a motion for substituted service.
Mr. Abass adjourned the case till February 22 for hearing of the motion for substituted service, adding that hearing notices be served on the respondents.
It would be recalled that Mr. Oyediji claimed that there was a subsisting court ruling restraining the occupation of any vacant position of high chiefs and that of Olubadan.
He claimed that it was the turn of the Seriki line to produce the next Olubadan after the death of late Samuel Lana, against the appointment of Mr. Adetunji by Governor Ajimobi.
The claimant is challenging the consistent occupation of the Olubadan throne by the Olubadan chieftaincy line and Balogun chieftaincy lines.
Also joined as respondents in the suit were the Attorney-General and Commissioner for Justice and the Oyo State government.