The High Court of Ondo State, Idanre Judicial Division, in a definitive ruling on an application for interlocutory injunction brought by the defendants in a pending suit before it between two families (the Disu and the Alli families of Idanre) has barred Alhaji Yekini Alli from further parading himself as the Chief Imam of Idanre land, pending the determination of the suit.
The Alli family, the Defendants/Applicants, had earlier filed the interlocutory application through their counsels, Alhaji M.A. Fadunmoye Esq. and Chief Adeboye Olatunji Esq., “praying the Honourable Court for interlocutory injunction praying the court to restrain the claimants/Respondents from “further act of undermine (sic) on the Applicant’s position as Chief Imam of Idanre Kingdom or preventing them from disturbing the “1st Respondent” from carrying out his duty as Chief Imam of Idanre.”
In his bid to resist the application, the claimant’s counsel, Chief Olaleye Akintububo Esq., reiterated the position of the court in Nathaniel Ademola Kotoye Vs Central Bank of Nigeria and Ors. (1989) 1 NWLR (Pt. 98) P. 419 @ P. 444—a case that exemplifies the conditions precedent to the grant of their sought injunctive order. According to him, the application failed to satisfy the conditions clearly set out in the case.
In his words: “My Lord, whereby formulate 2 issues for determination in this application.”
“Whether the court can grant this application the Defendants/Applicants having failed to satisfy the conditions precedent to the granting of an injunctive order as laid down in the case of Nathaniel Ademola Kotoye Vs Central Bank of Nigeria & Ors (1989) 1 NWLR (PT. 98) P. 419 @ P. 444.”
“My Lord, the onus is on the Defendants/Applicants to prove all the conditions precedent and not just one or two for the order to be granted in his favour.”
“My Lord, in the instant case, the Defendants/Applicants have not been able to prove that irreparable damage will be done to them as a result of the destruction of the res if the order is not granted.”
He further cautioned the court against inadvertently interfering with, or dealing with, the substantive matter by proceeding to grant the order. It was his position that granting the injunctive application would indirectly deal with the substantive matter:
“My Lord, the prayer as contained in the Defendants’/Applicants’ application is impliedly seeking the final determination of this suit by asking the court to “recognise” the 1st Defendants’/Applicants’ illegal selection as the Chief Imam of Idanre. If this application is granted, the court is invariably recognising the 1st Defendant/Applicant as the Chief Imam of Idanre even when the suit challenging his illegal selection is still pending before this Honourable Court. It therefore implies that the crux of the substantive matter had been dealt with at Interlocutory stage.
Relying on the strength of the arguments advanced by the Claimant’s counsel, Chief Olaleye Akintububo Esq., the court ruled that Chief Yekini Adeshina Alli should stop parading himself as the Chief Imam of Idanre. It accordingly appointed a neutral person, Alhaji Asimiyu Olabode, in his stead, particularly pending the determination of the substantive suit before the court.
Disu and Alli Families
With the advent of Islam as a religion in Idanre, two prominent Idanre personalities—Pa Disu (the Claimant’s Progenitor) and Pa. Alli (the 1st and 2nd Defendants’/Respondents’ progenitor)—embraced the religion, even though the community was wary of the new faith. Both families (the Disu’s and Alli’s families) played prominent roles in the acceptance, improvement, and development of Islam as a religion in Idanre. However, there has been a recent twist, particularly in light of the recent fallout between both families over ascendancy to the esteemed religious position of Chief Imam in Idanre.
