The Ogun State High Court sitting in Sagamu has set aside the state government’s approval and confirmation of Bashorun Peter Oluwole Ogunbayo as the Odemo of Isara-Remo, ruling that the approval was made while a court application challenging his selection was pending.
Justice M. A. Akinyemi, in a ruling, also restrained Ogunbayo from parading himself as the Odemo, presenting himself for coronation or accepting the staff or instrument of office pending the determination of an earlier interlocutory injunction filed by Otunba (Prince) Fatai Sowemimo.
The judge similarly restrained the Ogun State Executive Council, the Governor, the Commissioner for Local Government and Chieftaincy Affairs, the Attorney-General and Commissioner for Justice, and the Remo North Local Government from recognising, installing or coronating Ogunbayo or taking further steps pursuant to the disputed approval.
The ruling followed an application filed by Sowemimo in Suit No. HCS/499/2025, challenging the process that led to Ogunbayo’s selection as Odemo.
Sowemimo had earlier filed an interlocutory injunction on October 21, 2025, seeking to restrain the defendants from approving or installing Ogunbayo pending the determination of the substantive suit.
The application was served on the defendants, while counsel for the state defendants appeared before the court on February 16 and March 23, 2026, and sought time to respond.
The matter was subsequently adjourned to May 18.
However, while the application remained pending, the state government approved and confirmed Ogunbayo as Odemo on April 7, 2026.
Sowemimo subsequently approached the court, arguing that the approval had effectively undermined the pending proceedings and created a fait accompli.
He also alleged that arrangements were being made for Ogunbayo’s coronation and presentation of the staff of office.
Ogunbayo opposed the application, arguing that no injunction had been granted against him or the government and that the selection process was lawful.
He said he secured nine of the 11 votes cast by the kingmakers, while Sowemimo received one vote.
The state defendants also argued that the process complied with the applicable law and the registered 1958 Chieftaincy Declaration governing the Odemo stool.
They maintained that there was no subsisting court order preventing the government from approving the selection.
But Justice Akinyemi held that although a pending application was not itself an injunction, parties who had been served with an application could not proceed with the very acts the court was being asked to restrain in a manner capable of frustrating the proceedings.
Justice Akinyemi said the chronology of events was significant, noting that the government proceeded with the approval before the pending application could be heard and determined.
The judge said the defendants ought to have exercised “some modicum of respect, patience and self-control”, describing their conduct as “akin to an affront to this sacred temple of Justice and quite reprehensible.”
According to the court, allowing parties to take steps that could render pending proceedings nugatory would undermine the authority of the judiciary and encourage self-help.
The court also rejected the argument that granting the mandatory relief would amount to determining the substantive dispute.
It held that questions concerning the validity of the selection process, the eligibility of the parties and entitlement to the Odemo stool remained to be determined in the substantive proceedings.
Justice Akinyemi further rejected the argument that the stool was “not perishable”, holding that the occupation of a traditional office and the consequences of an installation could not necessarily be adequately remedied by damages.
The court also dismissed concerns that reversing the approval could lead to public disorder, holding that speculative fears of disorder could not override the need to preserve the integrity of judicial proceedings and the rule of law.
Consequently, the court set aside the state government’s approval and confirmation of Ogunbayo and barred the government and the other affected defendants from recognising, installing or coronating him or taking further steps based on the disputed approval.
Ogunbayo was also restrained from holding himself out as Odemo of Isara-Remo, presenting himself for installation or coronation, or accepting the staff or instrument of office pending determination of Sowemimo’s interlocutory application.
The ruling, however, did not finally determine who is entitled to occupy the Odemo stool, leaving the substantive dispute for determination in the pending proceedings.
