Prince Yahaya Adigun & Ors V. Attorney-General Of Oyo State & Ors (1987)

LawGlobal-Hub Lead Judgment Report

OBASEKI, J.S.C.

This appeal has raised the important question of FAIR HEARING in its widest con in a Chieftaincy matter. The matter has its genesis in the steps taken by the Government of Oyo State to ascertain the customary law governing the appointment of the Oluwo of Iwo in Iwo.

In the continuing search one Declaration made by the chieftaincy Committee of the Iwo Local Government area of the 4th day of January, 1979 approved on the 17th day of July, 1979 by the Military Administrator was registered on the 19th day of July, 1979.

It was admitted in evidence at the High Court as Exhibit D. In that Declaration, only one Ruling House that is Ogunmakinde Ande was identified and declared as being in existence. This evoked a spate of protest and protest petitions poured into the office of the governor of the State.

This led the Government to appoint Dr Agiri as sole Commissioner to carry out discreet investigation into the chieftaincy and produce a report for the consideration of the government. The assignment was carried out. The investigation was conducted and a Report on the investigation and findings submitted to government. Oyo State Government duly considered the Report and came out with a new Declaration of the customary law regulating the selection to the Oluwo of Iwo chieftaincy, Exhibit K.

It was signed by the Governor of Oyo State on the 28th day of July, 1981 and registered on the following day, the 29th day of July, 1981. In the declaration, three Ruling House were identified and declared as

1. Alawusa

2 Adagunodo, and

3 Gbase

Ogunmakinde Ande was dropped as a Ruling House on the ground that Ogunmakinde Ande family is a branch of Alawusa Ruling House. The plaintiffs/appellants who are members of Ogunmakinde Ande decided to go to court and on the 3rd day of March, 1982 commenced this action in Oshogbo Judicial division of the High Court of Justice of Oyo State of Nigeria. The claims endorsed on the writ of summons are straight forward and simple and read:

“The plaintiffs claim against the defendants jointly and severally:

“(1) a declaration that [under] the customary law prevailing in Iwo, the Ogunmakinde Ande Ruling House is the only Ruling House from which appointment to the Oluwo of Iwo Chieftaincy is to be made (word m bracket supplied)

(2) a declaration that the instrument dated the 28th day of July, 1981 is in so far as it purports to declare the customary law prevailing in Iwo with respect to the Oluwo of Iwo chieftaincy, is wrong and accordingly illegal and void.

(3) an injunction restraining all servants officers and agents of the Government of Oyo State or of the Iwo Central Local Government from acting pursuant to or taking any steps to implement the aforesaid declaration registered on 29th day of July, 1981”.

Pleadings on the order of the court were filed and delivered and at the close of pleadings, the matter went to trial before Oloko J. After hearing evidence and addresses of counsel, the learned trial judge delivered a considered judgment dismissing the appellant’s claim in its entirety.