The State & Ors. V. Oba Alaiyeluwa Ogunoye (The Olowo Of Owo) & Ors (1985)

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NNAMANI, J.S.C. 

The facts of this suit are that the appellants were traditional office holders having been appointed by the Ex-Olowo of Owo, Sir Olateru Olagbegi. The 1st Respondent, Oba Ogunoye, on his installation in 1968 still accepted the Appellants as traditional office holders. Relationships appeared cordial for some time, indeed the 1st appellant, Joseph Ajidasile Olakunrin, appears to have played a dominant role in the installation of the 1st Respondent.

Matters soon deteriorated however and the appellants on 5th April, 1980, addressed a joint letter to the Governor of Ondo State praying for the removal of the 1st Respondent and for an enquiry into the deposition of Sir Olateru-Olagbegi. On the 11th April, 1980, the 1st Respondent, obviously reacting to the letter of 5th April, sent to the appellants a letter of warning charging them of disloyalty and of dereliction of duties. That letter was tendered in these proceedings as Exhibit “A”.

The appellants caused their Solicitor, Chief Afe Babalola, to react to the 1st Respondent’s letter by his own letter dated 29th April, 1980. That letter was accepted in evidence as Exhibit “Y”. Whereupon the Olowo of Owo on the 15th May, 1980, addressed a letter to each of the 7 appellants deposing them as Chiefs and traditional office holders. Some of these letters were tendered in evidence as Exhibits “B” – “B6”. It is pertinent to add that soon after the deposition of the appellants, the 1st Respondent appointed other Chiefs and traditional office holders in their place and they are the 2nd – 7th Respondents in this appeal.

The appellants thereupon started proceedings in the Ondo State High Court. The Suit AK/N7/80 was in these terms –

“IN THE MATTER OF APPLICATION FOR

CERTIORARI AND PROHIBITION

IN THE MATTER OF DEPOSITION

OF THE APPLICANTS BY

THE OBA ALAIYELUWA OGUNOYE,

THE OLOWO OF OWO

In the matter of Application of (1) Chief Joseph Ajidasile Olakunri, Osere of Elunogbe-Owo (2) Chief Adafin Daramola Akowa of Iloro-Owo (3) Chief Abraham Ojo, Elerewo of Igboroko-Owo (4) Chief Julius Baleyinu Okoro, Aragwagbaiye of Igboroko-Owo (5) Chief Amodu Egbewa, Aragwagbaiye of Igboroko Owo (6) Chief H. A. Ashara, Argwaragbaiye of Ijebu Owo (7) Chief Sule Omama, Imara of Isaegbe-Owo for an Order for leave to apply for ORDERS OF CERTIORARI AND PROHIBITION TO ISSUE –

BETWEEN:

THE STATE