By Ezinne Okafor
LAGOS — A major twist has emerged in the legal battle over the stool of Agbowa-Ikosi, Lagos State, as Oba Owolabi Saheed Momson, the deposed traditional ruler, has filed a motion at the Court of Appeal accusing a lawyer of professional misconduct that allegedly led to his removal from office.
In a sworn affidavit, Oba Momson claims that the entire case against him was founded on court documents prepared and signed by a man who was not qualified to practise law in Nigeria at the time. The monarch has asked the appellate court to set aside the judgment delivered on May 30, 2025, which overturned his installation, arguing that the proceedings were fundamentally defective and unconstitutional.
Oba Alleges Legal Documents Were Signed by Unlicensed Lawyer
Central to the monarch’s case is the allegation that the originating Writ of Summons and Statement of Claim in the High Court suit filed by Prince Babatunde Adenusi and others were signed by one S.O.K. Shillings. According to Oba Momson, a certified letter from the Supreme Court of Nigeria confirms that Shillings was not a registered legal practitioner when he signed the documents.
Oba Momson insists that the involvement of a non-licensed person in filing the court processes renders the suit invalid and robs the Court of Appeal of the jurisdiction to hear the matter. He attached both the original documents and the Supreme Court’s letter as exhibits in support of his application to set aside the judgment.
“My removal from the throne was secured through processes that were void from the beginning. A person who was not entitled to practise law signed the documents. This is not just a technical issue — it goes to the very root of justice,” the monarch stated.
No Notice, No Hearing — Monarch Claims Ambush
Oba Momson also maintains that he was denied fair hearing. He claims he was never served with the Notice of Appeal or any court process filed by the appellants. According to him, he only learned of the Appeal Court judgment on June 1, 2025 — two days after it was delivered — when members of the opposing royal family were seen jubilating in Agbowa Town.
He told the court that he was inside his palace in the heart of the town holding a meeting with chiefs and Baales when news filtered in about his alleged removal. Alarmed, he instructed his legal team, led by Gbenga Ojo, to investigate the claims. It was then discovered that the Court of Appeal had ruled virtually via Zoom, in a session he knew nothing about.
“I was not aware of any appeal. I was not served any documents. I could not have participated in a case I didn’t know existed,” he said.
The monarch stressed that the appellants, who live in the same community and know his residence, made no effort to serve him. He argued that the failure to notify him of the appeal fatally compromised the proceedings and denied him the opportunity to defend his earlier High Court victory.
High Court Had Validated His Installation
Oba Momson had been declared the rightful Abowa of Agbowa-Ikosi by the Lagos High Court in a judgment delivered on March 23, 2023, in Suit No. IKD/1124/GCMW/15. That ruling, which followed nearly eight years of litigation, upheld his nomination and installation in accordance with the 1957 Chieftaincy Declaration and the Obas and Chiefs Law of Lagos State.
Following the judgment, the Lagos State Governor officially installed him on May 28, 2023. The monarch said he has since been carrying out his traditional duties at the palace before the surprise ruling by the Court of Appeal removed him.
Procedural Breaches in Appeal Process
In addition to the misconduct allegation, Oba Momson said the appeal process itself was riddled with procedural irregularities. He claimed that the Records of Appeal were transmitted to the appellate court more than five months after the Notice of Appeal was filed — far beyond the time allowed under the Court of Appeal Rules, 2021.
He noted that no application was made to regularise the delay, making the appeal incompetent and void in law. His legal team is urging the court to exercise its inherent powers to set aside the judgment delivered without jurisdiction and in breach of due process.
Oba Urges Calm Amid Legal Battle
While the legal dispute continues to stir tension within the community, Oba Momson has appealed for calm. He urged residents of Agbowa to remain peaceful and trust in the judicial system to resolve the matter fairly.
“I believe the truth will prevail. I urge all my people to remain calm and let the courts correct the wrongs that have been done,” he said.
The unfolding drama has cast a spotlight on the role of legal practitioners in chieftaincy disputes and could lead to disciplinary actions if the allegations against the lawyer involved are proven. The matter is expected to come up soon for hearing at the Court of Appeal.
