Adedibu’s Will: Judge seeks out-of-court settlement

When the case came up for further hearing on Thursday, Hon. Justice Akintola of the State Court 15, sitting in Ibadan, gave the advice just as counsel to Adedibu’s family, Mr Abiodun Adebayo, accused Davies’s counsel, Mr Babatunde Oni, of deliberately using an order granted by the court to hold the late politician’s sons to […]

When the case came up for further hearing on Thursday, Hon. Justice Akintola of the State Court 15, sitting in Ibadan, gave the advice just as counsel to Adedibu’s family, Mr Abiodun Adebayo, accused Davies’s counsel, Mr Babatunde Oni, of deliberately using an order granted by the court to hold the late politician’s sons to ransom over their late father’s property.

Justice Akintola told the disputants, “instead of being at daggers-drawn at all times, why can’t you look for ways to settle this matter amicably out of court. History has shown that every war fought ended on a round-table. It is unfortunate that Baba is no longer alive.  But I still believe that the matter can be settled amicably in order not to leave scars that will be permanent.”

The prejiding judge had on Tuesday last week, granted an order of injunction restraining three eldest sons of late Alhaji Lamidi Adedibu, from disposing, distributing or allocating the estate of their father, The Chief Executor of Adedibu’s will, Alhaji Abdul-Azeez Arisekola-Alao, was also joined as the 8th defendant in the N1billion suit.

 But when the case was called on Thursday, the counsel to Mr. Davies informed the court that he had filed a further affidavit to the claim in the counter affidavit of Adedibu’s sons that their late father did not appoint Arisekola as the chief executor of his will.

Adedibu’s counsel who also announced appearance for Alhaji Arisekola, told the court in his response to the further affidavit, that the action of the plaintiff was a calculated attempt to unnecessarily prolong the life of the court order restraining Adedibu’s family from their father’s estate.

 He said, “there is something in which they are holding us to ransom. That is the order of restriction. A party that has interim order in his favour is expected to make haste. We filed our counter-affidavit on June 25 and it was served on them on the same day. So, filing their further affidavit today is a calculated attempt to afford them undue influence over the defendants.”

 The counsel also accused the plaintiff of allegedly sponsoring the media to harass Adedibu’s family over the suit instituted as a result of the 2006 attacks and looting of the premises of Pelly Foam by some thugs suspected to be working for Adedibu.

 Oni, in his reaction to the allegation, maintained that the further affidavit was to address the Adedibu’s sons’ claim that Alhaji Arisekola was not appointed as the chief executor of their late father’s will.

It was at this juncture that the prejiding judge, Justice Akintola, on the agreement of counsels to all parties involved, adjourned further hearing in the case to Monday, July 5, 2010, and advised that it would be better if the parties involved could resolve to settle the matter out of court.