LAGOS — The deposed traditional ruler of Agbowa-Ikosi, Oba Owolabi Saheed Momson, has filed an application at the Court of Appeal seeking to overturn the judgment delivered on May 30, 2025, which removed him as the Agbowa of Agbowa in Ikorodu, Lagos State. He has also appealed to residents of the town to remain calm and allow the judicial process to run its course.
Oba Momson is asking the appellate court to set aside its judgment, arguing that he was never served with the Notice of Appeal or any hearing notice related to the appeal filed by his challengers — Prince Babatunde Adenusi and three others. In addition, he is seeking a stay of execution of the judgment and an injunction to restrain its enforcement pending the hearing of his application.
Claims of Non-Service and Denial of Fair Hearing
In an affidavit he deposed to, Oba Momson said the judgment was delivered without his knowledge, representation, or participation. He claimed he only became aware of the court’s decision on June 1, 2025, when members of the opposing royal family began celebrating his removal in the town.
According to him, he was inside the palace holding a meeting with his chiefs and Baales when news of the judgment filtered in. Out of concern, he directed his lawyers to investigate. It was then he discovered that the Court of Appeal had delivered its ruling virtually via Zoom and ruled in favour of the appellants without any prior notice to him.
He said he had no opportunity to defend himself or the earlier High Court judgment which had confirmed his lawful installation as Oba.
“My palace is in the centre of Agbowa Town. The appellants live in the same town and see me regularly, yet no legal documents were ever served on me,” Oba Momson stated in his affidavit.
High Court Judgment Had Validated His Installation
The monarch had earlier secured victory at the High Court of Lagos State on March 23, 2023, in a case that lasted eight years. The court had dismissed the claims brought by the Adenusi family and affirmed that Oba Momson was properly selected and installed in line with the 1957 Chieftaincy Declaration and the Lagos State Obas and Chiefs Law 2015.
Following the High Court judgment, Oba Momson was formally installed by the Lagos State Governor on May 28, 2023, and has since occupied the palace in Agbowa Town.
The monarch expressed shock that the appellate court reversed the High Court’s ruling without his knowledge and stressed that he would never have stayed away from the proceedings had he been duly notified.
Oba Cites Irregularities in Appeal Process
Oba Momson’s application is also anchored on alleged breaches of court procedures. He contends that the Court of Appeal lacked jurisdiction to entertain the appeal because of multiple irregularities. Chief among them is the alleged non-service of the Notice of Appeal on him, which he said violates the mandatory provisions of the Court of Appeal Rules, 2021.
He also pointed out that the Records of Appeal were transmitted to the court more than five months after the Notice of Appeal was filed — well outside the period allowed under the rules — and without any motion to regularise the delay.
The monarch further alleged that the originating processes, including the Writ of Summons and Statement of Claim, were signed by one S.O.K. Shillings, who he claimed was not a registered legal practitioner in Nigeria at the time. A letter from the Supreme Court confirming this claim was submitted as part of the exhibits before the court.
“My lawyers obtained the certified true copy of the judgment delivered on May 30, 2025. I was not present and was not represented by counsel. This violates my right to fair hearing and robs the court of jurisdiction,” Oba Momson stated.
Calls for Calm as Legal Battle Continues
As the legal contest over the Agbowa throne continues, Oba Momson has called on residents and traditional leaders in the town to remain peaceful and allow the courts to do justice.
He reiterated his faith in the judiciary and expressed hope that the Court of Appeal would correct what he described as a grave injustice.
The case continues to generate debate in traditional circles in Lagos State, with implications for chieftaincy succession and the role of due process in leadership disputes.
