The Court of Appeal in Lagos has overturned a previous judgment of the Lagos State High Court and upheld the right of the Mabudeje Royal Family to nominate a candidate for the vacant stool of the Abowa of Agbowa-Ikosi.

In a judgment delivered on May 30, 2025, the appellate court ruled that the lower court erred in law and failed to properly assess the evidence presented in the long-standing dispute over the traditional leadership of the Agbowa-Ikosi community in Ikosi-Ejinrin LCDA of Lagos State.

In Appeal No: CA/LAG/CV/1104/2023, the panel of justices, led by Justice Ngozika Okaisabor, held that the Mabudeje Royal Family, represented by Prince Babatunde Adenusi and others, had established their entitlement to the kingship based on credible and consistent evidence.

The court found that the High Court was wrong to have recognised the nomination and selection of Prince (Barr.) Owolabi Saheed Momson, who was joined as the 8th defendant in the suit, as the rightful Oba.

Justice Okaisabor, in the lead judgment, noted that a key piece of evidence presented by the claimants, a 2007 meeting of the Oba-in-Council admitted as Exhibit P9, revealed that the Aduloju family had clearly disassociated themselves from the Mabudeje lineage. Quoting from the minutes of the meeting, the court stated: “The 6th Respondent in the said Exhibit P9 denied being member of Mabudeje family and further stated that there is no one in their family who bears such a name.”

The appellate court found this disavowal significant, especially since the lower court had based its findings on a nomination process facilitated by the Aduloju family, which, by their own account, was not part of the Mabudeje ruling house.

Justice Okaisabor concluded that the evidence of the claimants was more coherent and reliable than that of the respondents.

The court also found that the proper legal process for involving the rightful royal family in the nomination had not been followed. Specifically, it determined that no valid communication was made by the authorities to the Mabudeje family inviting them to put forward a nominee.

“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 noted.

Based on these findings, the Court of Appeal granted all the principal reliefs sought by the claimants. It issued a declaration affirming the right of the Mabudeje Royal Family to fill the vacant kingship stool and ordered the relevant government and chieftaincy authorities to invite the family to submit a nominee for installation.

“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 supported by Justices Mohammed Mustapha and Paul Ahmed Bassi, who concurred with the lead decision.

At the hearing of the appeal held on April 7, 2025, the appellants were represented by a legal team led by human rights lawyer Femi Falana, SAN, along with S.O.K. Shillings and Fawaz Odusote. Afees A. Abdullahi, counsel for the 2nd and 3rd respondents, was also in attendance, though none of the respondents filed briefs of argument. The court proceeded to determine the matter solely on the basis of the appellants’ submission.

See judgement below:
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