Alhaji Chief Yekini Otapo V. Chief R.o. Sunmonu & Ors. (1987)

LawGlobal-Hub Lead Judgment Report

OBASEKI, J.S.C.

This appeal came up for hearing on the 17th day of February, 1987. After reading the record of appeal, the judgment of the Court of Appeal and the High Court, the briefs of arguments filed by the parties to this appeal and hearing the submissions of counsel for the parties in oral argument, I found substantial merit in the appeal and allowed it.

I set aside the decision of the Court of Appeal and remitted the case to the Court of Appeal for the appeal to it to be heard de novo with liberty to the appellant represented by the plaintiff/respondent herein to be heard in the appeal. I then indicated that my reasons for the judgment would be delivered today. I now proceed to give and deliver those reasons.

The main complaint of the appellant was that the Court of Appeal denied the represented parties a hearing in the appeal after Alhaji Chief Yekini Otapo who represented the appellant and others had declined to contest the appeal filed by the defendants against the decision of the High Court. The appeal therefore succeeded on the sole issue of fair hearing argued before this Court.

The matter in respect of which Alhaji Yekini Otapo filed an action in the High Court of Lagos State, Lagos Judicial Division, is a chieftaincy matter. More particularly, the endorsements on the writ of summons read:

“The plaintiff’s claim is for:

1. A declaration that the declaration made under section 4(3) of the Chiefs Law of the Customary Law regulating the selection to the Olu of Agege Chieftaincy made by the Chieftaincy Committee of Agege District Council and signed by the Chairman and the Secretary of the Committee on 10th September, 1957 and approved by the Minister of Local Government on 12th day of February, 1987 and registered by the Permanent Secretary on 12th February, 1958 be declared null and void and of no effect;
2. A declaration that the defendants have no right to write and act upon the two letters dated 30th day of December, 1981 reference No. ALG/I8/84 and ALG/18/85 written by Mr. M. A. Fatoku, the Council Manager;
3. Injunction restraining the defendants, their servants and or agents from appointing the new Olu of Agege until a new declaration is made;
4. An order that a panel be set up to make a new declaration.

In the amended statement of claim filed on the 4th day of June, 1982 at pages 159 to 166 of the record, the claim set out in paragraph 41 read as follows:

“wherefore the plaintiffs claim as follows:

1. A declaration that the process of nomination, selection, appointment and approval of Chief Jinadu Onilude in January, 1982 is null and void and of no effect whatsoever in that

(a) The selection was contrary to the Chieftaincy Declaration in respect of the Olu of Agege Chieftaincy approved and registered on the 12th February. 1958;

(b) the process of Nomination, selection, appointment and approval was consequent upon an illegal announcement made by the 7th defendant, the Council Manager of an incompetent Council Agege Local Government which does not exist in law.

2. Alternatively, A decision setting aside as null and void and of no effect whatsoever, the declaration made under section 4(3) of the Chiefs Law of the Customary Law regulating the selection to the Olu of Agege Chieftaincy made by the Chieftaincy Committee of the Agege District Council and signed by the Chairman and the Secretary of the Committee on the 10th day of September, 1957 and approved by the Ministry of Local Government on the 12th day of February, 1958 and registered by the Permanent Secretary on 12th February, 1958 in that

(a) At all material times, the Registered Declaration was and is still against the popular age-long tradition of Agege people;

(b) The said declaration is not a correct statement or restatement of the customary law relating to the Olu of Agege chieftaincy.

3. A declaration that the appointment of the 1st, 4th, 5th and 6th defendants contained in Lagos State Legal Notice No. 19 of 1961 is null and void and of no effect in that it is contrary to section 19 of the Lagos State Obas and Chiefs Law 1981.
4. An injunction restraining the Governor of Lagos State, the Commissioner for Local Government and Community Development and other officers, servants and functionaries of Lagos State Government or any other public officers whatsoever from installing the 2nd defendant (Chief Jinadu Onilude) or performing any chieftaincy ceremony on the 2nd defendant as the Olu of Agege in pursuance of the approval by the 1Oth defendant of the 2nd defendant as the Olu of Agege.”

The plaintiff did not at first plead that he was representing the members of Isale-Oja and Gbogunleri section of Ogunji Adebari Otaru and Asunmoge Olu Chieftaincy families of Agege. Instead, in paragraph 1 of the statement of claim, he pleaded that:

“The plaintiffs are members of the ruling houses of Olu of Agege Chieftaincy family.”