The Court of Appeal sitting in Lagos has set aside the judgment of the High Court of Lagos State and affirmed the entitlement of the Mabudeje Royal Family, led by Prince Babatunde Adenusi and others, to produce the next traditional ruler of Agbowa-Ikosi.
Delivering judgment in Appeal No: CA/LAG/CV/1104/2023 on May 30, 2025, the appellate court held that the trial court failed to properly evaluate the evidence before it and wrongly accepted the nomination of Prince (Barr.) Owolabi Saheed Momson —joined to the suit as the 8th Defendant — as the Abowa of Agbowa-Ikosi, reports Saturday Independent.
Justice Ngozika Okaisabor, who delivered the lead judgment, found that the claimants — representing the Mabudeje Royal Family — were indeed members of the ruling house entitled to nominate a candidate for the vacant stool, contrary to the decision of the lower court.
The High Court had, on March 23, 2023, dismissed the claimants’ suit, declared that the stool was properly filled, and held that Prince Momson had been “duly and validly nominated and selected as the Abowa of Agbowa-Ikosi in the Ikosi-Ejinrin LCDA of Lagos State in line with the dictates of the 1957 Chieftaincy Declaration and in accordance with the provisions of the Obas and Chiefs Law of Lagos State, 2015.”
However, the Court of Appeal disagreed, pointing out that a 2007 meeting of the Oba-in-Council, admitted as Exhibit P9, showed that representatives of the Aduloju family—particularly Alhaji Bariyu Adeleye (6th Respondent)—openly denied any connection to the Mabudeje family.
Quoting from the meeting minutes, Justice Okaisabor stated: “The 6th Respondent in the said Exhibit P9 denied being members of Mabudeje family and further stated that there is no one in their families that bear such a name.”
The appellate court emphasised that the evidence of the claimants was more cogent and consistent than that of the respondents. It faulted the lower court for relying on the nomination process facilitated by the Aduloju family, which had already disclaimed the Mabudeje lineage.
The court further found that no valid invitation was extended to the claimants by the appropriate authorities to nominate a candidate, contrary to the assertions relied upon by the trial judge.
“The said evidence of Appellants’ PW1… is that the 4th respondent did not write to them but wrote to the Adulojus as Mabudeje family, whereas Adulojus is not Mabudeje family,” the judgment stated.
Accordingly, the Court of Appeal granted the reliefs sought by the claimants and issued the following orders:
“A DECLARATION that the claimants are entitled to the immediate right to fill the vacant stool of the Abowa of Agbowa-Ikosi in the Ejinrin/Eredo Local Government Development Area of Lagos State.
“AN ORDER compelling the 1st – 5th Defendants to call for the claimants’ nominee for the vacant stool of the Abowa of Agbowa-Ikosi and install the nominee as the Abowa of Agbowa-Ikosi.”
The judgment was unanimously endorsed by Justices Mohammed Mustapha and Paul Ahmed Bassi, who aligned themselves with the lead judgment.
At the hearing of the appeal on April 7, 2025, Femi Falana, SAN, appeared with S.O.K. Shillings, Esq., and Fawaz Odusote, Esq., for the appellants.
Counsel for the 2nd and 3rd respondents, Afees A. Abdullahi, Esq., was also present.
However, none of the respondents filed a brief of argument, and the appeal was determined based solely on the Appellants’ submission.
