Prince Godfrey Kolawole Mustapha V. Governor Of Lagos State & Ors. (1987)

LawGlobal-Hub Lead Judgment Report

NNAMANI, J.S.C.

This suit arose out of the contest for the Chieftaincy Stool of the Oloja of Igbogbo in the Ikorodu area of Lagos State. On the 29th November, 1977, the last holder of the Oloja of Igbogho Stool, Oba J.O.O. Odugbose died. The Stool thus became vacant. The present Appellant and the 3rd Respondent were the main contestants for the vacant Stool.

By Legal Notice No.6 of 1979 dated 24th July, 1979, tendered in these proceedings as Exhibit D3/A, the Military Government of Lagos State approved the appointment of Johnson Olatunji Fatola, the 3rd Respondent as the new Oloja of Igbogbo.

An instrument of appointment made under the hand and seal of the Military Administrator of Lagos State dated 29th August, 1979, and published in the Lagos State Official Gazette No. 35 Vol. 12 of 30/8/79 was given to the said 3rd Respondent. This instrument was tendered in these proceedings as Exhibit D/30.

Following these developments, the Plaintiff, contending that the 3rd Respondent was not a member of the RADEMO RULING HOUSE whose turn it was to produce the next Oloja, that the 3rd Respondent was never presented to the kingmakers and that his appointment was not only contrary to the Registered declaration on the Igbogbo Chieftaincy title but was ultra vires some sections of the Chiefs Law of Lagos State, in October, 1982 commenced a suit in the Lagos State High Court claiming the following reliefs which were later amended and read –

“(i) A Declaration that the Nomination made on the 9th January, 1979 of the 3rd Defendant or any other nomination, and the subsequent APPROVAL by the Lagos State Executive Council without the APPOINTMENT of the 3rd Defendant by the Kingmakers is invalid and ultra vires the provisions of the Chiefs Law Cap. 25 of Lagos State of NIGERIA.

(ii) A DECLARATION that the said nomination and appointment were not in accordance with the custom and customary laws of the Igbogbo people and also not in accordance with the registered declaration in respect of the Igbogbo Chieftaincy Title.

(iii) A DECLARATION that the NOMINATION of the Plaintiff by the Rademo Ruling House and the subsequent APPOINTMENT by the Kingmakers which was duly communicated to the Lagos State Government was and is valid and in accordance with the customs of Igbogbo people, and also in compliance with the Registered Declaration in respect of the Igbogbo Chieftaincy Title

(iv) A PERPETUAL INJUNCTION restraining the 1st, 2nd and 4th Defendants their agents and privies from regarding. Recognizing and dealing with the 3rd Defendant as the Oloja of Igbogbo.

(v) A PERPETUAL INJUNCTION restraining the 3rd Defendant from parading himself as and/or performing the functions of Oloja of Igbogbo.

(vi) A DECLARATION that the action of the Lagos State Executive Council in approving the “appointment” of the 3rd defendant is outside the provisions of the Chiefs Law Cap. 25 Laws of Lagos State of NIGERIA

(vii) A DECLARATION that the 3rd Defendant was never appointed within the provisions of the Chiefs Law Cap. 25 Laws of Lagos State and therefore the purported approval by the Lagos State Executive Council is null and void and of no effect.”

Pleadings were ordered filed and delivered. I do not propose to set down the pleadings of the parties except paragraphs 16, 17 and 18 of the 3rd Respondent” statement of defence in which he challenged the jurisdiction of the High Court to entertain the appellant’s claim. Those paragraphs which in my view go to the main issue to be determined in this appeal stated –

“16. This was followed by the Military Administrator of Lagos State’s Instrument of Appointment of the 3rd Defendant (The 3rd Defendant will rely on the said Instrument of Appointment as Oloja of Igbogbo.)