The traditional ruler of Agbowa-Ikosi, Oba Owolabi Saheed Momson, has filed a motion at the Court of Appeal, Lagos Division, seeking to nullify the May 30, 2025 judgment that sacked him from the throne.
In a motion of appeal filed by his lawyer, Gbenga Ojo, the monarch also asked the court to halt the execution of that judgment and reinstate him as the duly recognised monarch pending the determination of his application.
Oba Momson, who was installed as the Abowa of Agbowa-Ikosi by the Lagos State Government in May 2023, said in a sworn affidavit that he was never informed of the appeal that led to his removal and only learned of the judgment through town gossip.
According to the affidavit filed in support of his application, Oba Momson said he was neither served with the Notice of Appeal nor notified of the hearing by the appellants — Prince Babatunde Adenusi and three others — who challenged his emergence as Oba.
He stated that the first time he became aware of any appeal was on June 1, 2025, when some members of the Adenusi family danced around Agbowa town, boasting that he had been removed from office.
The monarch said he was in his palace holding a meeting with his chiefs and Baales when he heard the news. Out of concern, he instructed his lawyers, led by Gbenga Ojo, to investigate.
They later confirmed that the Court of Appeal had delivered a judgment via Zoom without his knowledge or representation.
He said the judgment, which reversed the 2023 High Court judgment in his favour, was obtained without his participation, thereby violating his right to fair hearing.
He emphasized that his palace is centrally located in Agbowa Town and is well known to the appellants who reside in the same town. Despite this, no legal documents were ever served on him personally.
Oba Momson had secured a favourable judgment from the High Court of Lagos State on March 23, 2023, which affirmed his nomination and selection as the Abowa of Agbowa-Ikosi.
The court declared that his installation followed the 1957 Chieftaincy Declaration and the Obas and Chiefs Law of Lagos State 2015. Based on that judgment, the Lagos State Governor formally installed him on May 28, 2023.
He argued that having defended the case for over eight years at the High Court, he had every reason to appear at the Appeal Court had he been served, and insisted he had no knowledge of the proceedings.
In the grounds of his motion, Oba Momson is contending that the Court of Appeal lacked the jurisdiction to hear the case due to several procedural breaches.
Chief among them is the alleged failure of the appellants to serve him the Notice of Appeal personally, as required by the 2021 Court of Appeal Rules.
He also faulted the transmission of the Records of Appeal, which he said was done more than five months after the notice was filed, contrary to the timeline stipulated by the rules.
According to him, the records were not regularised before the appeal was heard, making the entire proceedings invalid.
Another striking claim made in the affidavit is that the originating court processes — including the Writ of Summons and Statement of Claim — were signed by one S.O.K. Shillings, who, he argued, was not a recognised legal practitioner in Nigeria at the time.
He backed his claim with a letter from the Supreme Court confirming that Shillings was not enrolled to practise law in Nigeria. Copies of the disputed documents and the Supreme Court’s letter were tendered as exhibits in support of his application.
Oba Momson through his legal team maintains that the Court of Appeal’s judgment was delivered without jurisdiction and in breach of due process.
The monarch is therefore urging the court to invoke its inherent powers under the principle of ex debito justitiae to set aside the judgment in the interest of justice.
He has also applied for an injunction to restrain the appellants and relevant government officials from enforcing the judgment pending the outcome of his application.
