The Alaafin of Oyo has approached the Supreme Court of Nigeria in a fresh legal move aimed at stopping the Oyo State Government from proceeding with the creation and elevation of the Baale Ago-Oja chieftaincy stool.
In a motion dated January 30, 2026, and filed under Appeal No. SC/404/2018, the monarch is seeking urgent court orders to restrain the state government from recognising or installing Alhaji Ganiyu Busari as Baale or elevating the position to a higher chieftaincy status.
Alaafin Seeks Immediate Injunction
The application, filed pursuant to Order 2 Rule 28(1) of the Supreme Court Rules, 2014 (as amended) and Section 6(6)(b) of the 1999 Constitution, is asking the apex court to issue both interlocutory and mandatory injunctions pending the final determination of the appeal.
Specifically, the Alaafin is requesting the court to:
- Prevent the Oyo State Government from creating or re-establishing the Baale Ago-Oja stool
- Stop the appointment, approval, or recognition of Alhaji Ganiyu Busari
- Halt any elevation of the stool from Part III (Minor Chief) to Part II (Recognised Chief)
- Restrain the planned installation or coronation scheduled for February 13, 2026, at Olivet High School, Oyo
The monarch is also asking the court to set aside Oyo State Gazette No. 01, Vol. 50 of January 17, 2025, as it relates to the elevation of the disputed chieftaincy.
Background of the Legal Dispute
The legal battle dates back to a 2007 judgment delivered by the Oyo State High Court, which declared that the title “Baale of Ago-Oja” does not exist within Atiba Local Government Area.
That ruling, delivered on July 31, 2007, nullified the earlier approval granted to Busari and restrained the government from recognising him in that capacity.
The decision was later affirmed by the Court of Appeal, Ibadan Division, on December 8, 2017, after Busari challenged the ruling.
According to the Alaafin’s legal team, any attempt to revive or elevate a chieftaincy declared non-existent by competent courts would amount to a disregard for subsisting judgments and could prejudice the appeal currently before the Supreme Court.
Warning Letter to Governor Makinde
In addition to the court filing, counsel to the Alaafin wrote to Governor Seyi Makinde on February 8, 2026, cautioning against proceeding with the planned coronation.
The letter described the proposed installation as “an illegality and a contempt of court,” stressing that executive action cannot override existing judicial decisions.
The lawyers further alleged that although Busari appealed to the Supreme Court, he had failed to file his brief of argument since the appeal record was transmitted in 2018 — suggesting the appeal had effectively stalled.
They argued that elevating a stool previously declared non-existent would contradict established legal principles.
Appeal Yet to Be Heard
As of the time of filing this report, the appeal and accompanying motion before the Supreme Court have not yet been assigned a hearing date.
The development sets the stage for what could become a major constitutional and traditional leadership showdown in Oyo State, as both legal and political interests converge around the disputed chieftaincy.
More updates are expected as the Supreme Court determines the next steps.
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