Justice Olalekan Oresanya of the Lagos State High Court has ordered parties involved in the dispute over the Oloja of Lagos chieftaincy stool to maintain the status quo pending the determination of the substantive suit.
The judge gave the order after dismissing a preliminary objection filed by Prince Babajide Kosoko, who challenged the court’s jurisdiction to entertain the case.
The objection was supported by the first defendant, the Oba of Lagos, Oba Rilwan Akiolu.
The suit was filed by the Head of the Akinsanya Olojo Ruling House, Prince Surajudeen Olojo-Kosoko; the ruling house’s General Secretary, Prince Theophilus Olojo-Kosoko; and Prince Abiola Kosoko, on behalf of themselves and the Akinsanya Olojo-Kosoko Ruling House.
The defendants in the suit include Oba Rilwan Akiolu; the Lagos State Attorney-General and Commissioner for Justice; the Commissioner for Local Government, Chieftaincy Affairs and Rural Development; the Executive Chairman of Lagos Island Local Government; Prince Babajide Kosoko; Mr Muritala Kosoko, and Mr Tunji Kosoko.
The claimants, through their counsel, Olusegun Fabunmi (SAN), are challenging what they described as attempts to replace Prince Abiola Kosoko, whom they identified as the duly nominated candidate of the Akinsanya Olojo Ruling House for the stool.
In the preliminary objection, counsel to Prince Babajide Kosoko, Dayo Oshodi, (SAN), argued that the dispute concerned the nomination, selection and installation of a traditional ruler, issues he said were governed by customary law and the Lagos State Obas and Chiefs Law.
Oshodi urged the court to dismiss the suit for its lack of jurisdiction to determine the matter.
However, the claimants disagreed, insisting that the nomination process had already been concluded in 2020 with the emergence of Prince Abiola Kosoko as the ruling house’s candidate.
They argued that the dispute arose after a land-related disagreement, alleging that some defendants ignored the earlier nomination and began processing the candidacy of other princes.
In his ruling, Justice Oresanya held that the claimants had established a reasonable cause of action that could be determined by the court.
The judge said the issues raised could not be resolved at the interlocutory stage but required a full hearing.
Justice Oresanya held that where a preliminary objection requires evidence to determine the issues raised, such matters are no longer purely jurisdictional and should be resolved during the substantive trial.
“I find no merit in the preliminary objection filed by the fifth defendant. The objection is overruled, and the application is accordingly dismissed,” the judge ruled.
On the claimants’ application seeking an interlocutory injunction to stop the defendants from recommending, selecting, nominating, appointing or installing another person as Oloja of Lagos pending the outcome of the case, the court declined to grant the request.
Justice Oresanya held that granting the injunction would amount to determining issues already before the court and could prejudice the defendants’ case before trial.
Instead, the court ordered all parties to preserve the existing situation before the events that led to the alleged nomination of the fifth and sixth defendants.
The court consequently affirmed that Prince Abiola Olojo-Kosoko remained the Oloja-elect pending the determination of the suit.
Justice Oresanya also directed that the matter be given an accelerated hearing to ensure speedy resolution.
The case has been adjourned until October 6, 2026, for the hearing of the substantive suit.
