Court of Appeal Affirms Mabudeje Royal Family’s Right to Produce Next Abowa of Agbowa-Ikosi

In a landmark decision that may reshape traditional leadership succession in parts of Lagos State, the Court of Appeal sitting in Lagos has set aside the earlier judgment of the Lagos State High Court and declared that the Mabudeje Royal Family, led by Prince Babatunde Adenusi and others, holds the legitimate right to nominate the next Abowa of Agbowa-Ikosi.

Delivering judgment in Appeal No: CA/LAG/CV/1104/2023 on May 30, 2025, the appellate court ruled that the High Court had erred in its evaluation of the evidence and in its endorsement of Prince (Barr.) Owolabi Saheed Momson as the rightful heir to the traditional stool. The ruling marks a significant victory for the Mabudeje lineage, whose claims had previously been dismissed by the lower court.

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Justice Ngozika Okaisabor, who delivered the lead judgment, emphasized that the High Court failed in its duty to properly assess the facts and legal arguments presented by the claimants. According to her, the claimants, who represent the Mabudeje Royal Family, presented more consistent and credible evidence demonstrating their rightful claim to the vacant stool of the Abowa of Agbowa-Ikosi.

The original High Court judgment delivered on March 23, 2023, had dismissed the claimants’ suit, validating Prince Momson’s nomination under the 1957 Chieftaincy Declaration and the Lagos State Obas and Chiefs Law of 2015. The lower court had held that the stool was properly filled and that the nomination process was legally sound.

However, the appellate court sharply disagreed, citing key evidence—especially the minutes of a 2007 meeting of the Oba-in-Council (admitted as Exhibit P9)—which revealed that the Aduloju family, who nominated Prince Momson, explicitly denied any connection to the Mabudeje lineage. “The 6th Respondent in the said Exhibit P9 denied being members of the Mabudeje family and further stated that there is no one in their families that bear such a name,” Justice Okaisabor quoted.

Mabudeje Royal Family Recognized as Legitimate Ruling House

In siding with the claimants, the appellate court found that the Aduloju family had no right to act on behalf of the Mabudeje Royal Family, thereby invalidating the nomination process that led to Prince Momson’s purported ascension. Furthermore, the court found that no legitimate invitation was extended to the Mabudeje family to nominate their candidate—a crucial misstep in the succession procedure.

“The evidence of Appellants’ PW1 is that the 4th respondent did not write to them but wrote to the Adulojus as the Mabudeje family, whereas Adulojus is not the Mabudeje family,” the court stated. This, it ruled, was a significant procedural and legal flaw.

The appellate panel, which also included Justices Mohammed Mustapha and Paul Ahmed Bassi, unanimously agreed with the lead judgment and granted the following reliefs to the claimants:

1. A Declaration that the claimants are entitled to the immediate right to fill the vacant stool of the Abowa of Agbowa-Ikosi.
2. An Order compelling the 1st to 5th Defendants to call for the claimants’ nominee and proceed with the installation of the chosen candidate as the Abowa.

Legal Representation and Absence of Defense Briefs

The appellants were represented by notable human rights lawyer Femi Falana, SAN, alongside S.O.K. Shillings, Esq., and Fawaz Odusote, Esq., during the appeal hearing on April 7, 2025. The 2nd and 3rd respondents were represented by Afees A. Abdullahi, Esq. However, none of the respondents filed a brief of argument, prompting the court to determine the case solely based on the appellants’ submissions.

The absence of a counter-argument from the respondents likely contributed to the clean sweep victory for the appellants, reinforcing the strength and coherence of their legal position.

Implications for Traditional Leadership and Chieftaincy Law

The Court of Appeal’s decision not only revalidates the claims of the Mabudeje Royal Family but also reinforces the importance of due process in traditional chieftaincy matters. The ruling underscores the need for adherence to historical succession rights and proper identification of ruling families, especially in cases where multiple lineages lay claim to the same title.

With this judgment, the Lagos State Government and the Ikosi-Ejinrin LCDA authorities are now legally bound to invite the Mabudeje Royal Family to nominate a candidate for the stool of the Abowa of Agbowa-Ikosi. The case also serves as a precedent for similar disputes across the state, affirming that misrepresentation and procedural shortcuts cannot substitute for lawful succession.

As the community awaits the formal nomination and installation of a new Abowa, the appellate ruling provides a renewed sense of justice, heritage recognition, and legal clarity in a matter deeply rooted in tradition and identity.