Paragraph 1: The Deposed Monarch’s Plea
Oba Owolabi Momson, the deposed traditional ruler of Agbowa-Ikosi in Lagos State, Nigeria, has launched a legal challenge against a Court of Appeal judgment that removed him from his throne. Filed on his behalf by Mr. Gbenga Ojo, the motion seeks to nullify the May 30, 2025, judgment and reinstate Oba Momson pending the outcome of his appeal. The crux of his argument revolves around the alleged violation of his fundamental right to a fair hearing, claiming he was neither informed of the appeal process nor given the opportunity to present his case. This absence of notification, he contends, renders the judgment against him procedurally flawed and unjust. He further requests a stay of execution on the judgment, preventing any actions stemming from it until his application is fully considered.
Paragraph 2: The Monarch’s Claim of Unawareness
Oba Momson’s affidavit paints a picture of complete unawareness regarding the legal proceedings that led to his dethronement. He claims to have learned about the judgment not through official channels, but through “town gossip.” The monarch recounts the unsettling experience of being informed of his removal by celebrating members of the Adenusi family, who were rivals to his claim to the throne. This informal and unexpected revelation prompted him to instruct his lawyers to investigate. His affidavit emphasizes the stark contrast between his active participation in the initial High Court proceedings, which he successfully defended for eight years, and his complete absence from the appeal process. This disparity, he argues, reinforces his claim of being unjustly denied a fair hearing.
Paragraph 3: Alleged Procedural Irregularities
Beyond the lack of personal notification, Oba Momson’s legal team points to several procedural irregularities that they believe invalidate the appeal process. The monarch highlights the alleged failure to serve him with any legal documents despite his prominent position and known residence within the community. He further contends that the appellants, Prince Babatunde Adenusi and three others, failed to adhere to the Court of Appeal Rules, 2021, specifically regarding the timely transmission of appeal records. The alleged delay of over five months beyond the stipulated timeframe, he argues, constitutes a significant breach of procedure, rendering the subsequent proceedings null and void. This combination of lack of notice and procedural violations, according to Oba Momson, undermines the legitimacy of the judgment against him.
Paragraph 4: Questioning the Appellants’ Legal Representation
Adding another layer to his challenge, Oba Momson questions the legitimacy of the originating court processes. He alleges that the writ of summons and statement of claim were signed by an individual, Mr. S.O.K. Shillings, who was not a registered legal practitioner in Nigeria at the relevant time. To substantiate this claim, he presented a letter purportedly issued by the Supreme Court of Nigeria confirming Mr. Shillings’ non-enrollment. This allegation casts doubt on the validity of the initial legal actions taken against him and further bolsters his argument for the judgment to be set aside. The implication is that the entire legal process, from its inception, may have been compromised.
Paragraph 5: Seeking Justice and Preventing Implementation
Oba Momson’s plea rests on the court’s inherent power to rectify injustices, invoking the principle of ex debito justitiae. He argues that the court has an obligation to ensure justice is served and that, in his case, this requires setting aside the judgment delivered in his absence. In addition to nullifying the judgment, he also seeks an injunction to prevent the appellants and government authorities from implementing the May 30 ruling. This injunction would effectively maintain the status quo, preserving his position as the recognized Abowa of Agbowa-Ikosi, pending the resolution of his application. This proactive measure aims to prevent irreversible actions that could further complicate the situation and prejudice his claim.
Paragraph 6: The Backdrop of Previous Legal Victory
The current legal battle unfolds against the backdrop of a prior High Court victory for Oba Momson. On March 23, 2023, the High Court of Lagos State affirmed his nomination and installation as the Abowa of Agbowa-Ikosi, validating the process as compliant with both the 1957 Chieftaincy Declaration and the 2015 Obas and Chiefs Law of Lagos State. Following this judgment, he was formally installed by the Lagos State Government on May 28, 2023. This prior legal affirmation of his legitimacy as the traditional ruler further strengthens his claim that the subsequent Court of Appeal judgment, reached without his knowledge or participation, represents a significant miscarriage of justice. His current legal efforts, therefore, are not merely to reclaim his title but to uphold the previous High Court ruling that confirmed his rightful place as the Abowa of Agbowa-Ikosi.
