A Lagos High Court sitting in Ikeja has granted an order for substituted service of court process on the Lagos State Attorney General and other respondents.

The move marks a significant development in the ongoing legal tussle over the traditional stool of Abule Ado in the Amuwo Odofin area of Lagos State.

The order, granted by Justice Mathias Dawodu, allows the claimants to serve Form 48, a notice of the consequences of disobedience to a court order, via publication in a national newspaper.

The decision was made yesterday following a motion ex parte filed by the claimants’ counsel, Mr Morufu Jimoh-Akogun, in suit No. ID/12044GCMW/2024.

Akogun informed the court that the application, dated May 6, 2025, stated that attempts to serve the respondents personally had been unsuccessful despite several efforts.

The respondents named in the suit include the Attorney General and Commissioner for Justice of Lagos State, Mr Lawal Pedro (SAN); the Commissioner for Local Government and Chieftaincy Affairs; the Executive Chairman of Amuwo Odofin Local Government; the Chairman of the Chieftaincy Committee, Amuwo Odofin; and Mr Sulaimon Surajudeen Aro, among others.

Akogun argued that substituted service was necessary to ensure the respondents were adequately notified of the pending contempt proceedings.

The application was filed pursuant to Order 9 Rule 5(1) and (2) of the High Court of Lagos State (Civil Procedure) Rules, 2019, and was supported by a seven-paragraph affidavit deposed to by Sheriff Adetoye Oluwabunkunmi. The sheriff had been assigned to serve Form 48 but was unable to locate the respondents.

During the proceedings, Senior Advocate of Nigeria, Mr A. Bashua, appeared for the 5th, 6th, and 7th defendants, while Mr A.A. Osaro represented the 4th defendant. The defence counsels informed the court that they had filed preliminary objections, which had been duly served on the claimants’ counsel.

Akogun acknowledged receipt of the preliminary objections but noted that the objections were not yet ripe for hearing. He reminded the court of its earlier order for all parties to maintain the status quo as of January 15, 2025, pending the hearing of an interlocutory injunction filed in October 2024.

He further claimed that, in violation of the court order, the 1st to 4th defendants had proceeded to install the 7th defendant, Mr Sulaimon Surajudeen Aro, as the Oba of Abule Ado.

The suit was filed by Alhaji Rafiu Owolabi Teslimi and nine others on behalf of the Sanusi Olawumi family of Abule Ado. Other claimants include Alhaji Taiwo Hassan Teslimi, Mr Dauda Mojeed Lasisi, Chief Jelili Obanla Lasisi, Alhaji Wasiu Ramon Bisiriyu, Mr Nurain Yinusa Bisiriyu, Alhaja Lateefat Agbaje, Mr Akeem Agbaje, Alhaji Jamiu Balogun, and Mrs Mulikat Balogun.

The claimants are seeking a court order to restrain the state government and other defendants from recognising or approving the installation or presentation of a staff of office to the 5th to 8th defendants or any member of their family.

According to a 91-paragraph affidavit sworn to by the lead claimant, Alhaji Teslimi, the Sanusi Olawumi family holds historical precedence as the founding family of the Abule Ado community. Teslimi claimed that their ancestor, Oteyi-Odan, was the original settler and first Baale of the area and that leadership succession had never rotated to the defendants’ family until a recent and contested chieftaincy inquiry.

The claimants insist that the Sanusi Olawumi family is the legitimate ruling house and should have the right to present the next Oba of Abule Ado. They also stated that a Memorandum of Obaship submitted in May 2024 to the relevant authorities provided historical and traditional justifications for their claim.

They argued further that the family’s heritage and historical claim to the land and leadership of Abule Ado had long been recognised by government records and community stakeholders.

The court adjourned the case to June 30 for the hearing of the preliminary objections.