From Clement Adeyi, Osogbo

Osun State Chief Magistrate’s Court presided by Mr Olusola Aluko, yesterday issued a bench warrant of arrest against the Oluwo of Iwo, Oba Abdulrasheed Akanbi, for failing to appear in court in a case filed against him by another traditional ruler, the Oluwo of Iwo-Oke, Oba Kadiri Adeoye.
Oba Adeoye had approached the court, accusing the monarch of concealing some facts about his past to the state government when he (Oba Akanbi) was installed as a first class monarch about a year ago.
At the court’s sitting on December 2, 2016, Chief Magistrate Aluko, had threatened to issue a bench warrant for the Oba’s arrest if he failed to appear before him on November 25, 2016.
At yesterday’s sitting, while Oba Adeoye, was in court, the Oluwo of Iwo, who sent another monarch, Ologburo of Ogburo, Oba Asimiyu Sadiq, to represent him during the last sitting was absent again, prompting Chief Magistrate Aluko to issue the warrant of arrest.
Counsel to the Oluwo of Iwo-Oke, Soji Oyetayo, had urged the court not to entertain any of the applications filed by the respondent until he complies with the order of the court.
He said, “The first respondent (Oba Akanbi) filed an application of stay of proceeding yesterday afternoon, so, I am of the opinion that he is not ready to move any application today,  “Meanwhile, the court gave an order on  November 25, 2016 and up till now the order has not been complied with. The application asking for a stay of proceeding cannot stay the order already made,” he said.
“The order of the court is meant to be obeyed. The non-appearance of the first respondent in this matter is a flagrant disobedient of the order of the court,” Oyetayo told the court.
Oba Akanbi’s lawyer, Olayide Yekeen, said his client submitted the notice of preliminary objection challenging the jurisdiction of the court to hear the case on November 15, adding that by careful perusal of the State Magistrate Law, Section 19:1, the court could not entertain the matter.
According to him, “It is the threshold of all cases that whenever the issue of jurisdiction is raised, it is to be taken first. On the issue of jurisdiction and the competence of the case, the respondent has the right to be heard first before any enquiry can be made in the matter.
Magistrate Aluko stated that he agreed with the respondent’s counsel that the issue of jurisdiction must be treated first.