The Military Governor, Ondo State & Anor. V. Victor Adegoke Adewunmi (1988)

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NNAEMEKA-AGU, J.S.C. 

On the 11th day of April, 1988. this Court dismissed the appeal of the appellants with N500.00 costs and fixed today for giving reasons for the judgment. I now give my reasons.

The background facts leading to this appeal is undisputed. The respondent, Victor Adegoke Adewunmi, sued the appellants and fifteen others challenging the validity of the election of the then Ewi of Ado Ekiti. During the pendency of the case, the 1st appellant, the Governor of Ondo State, promulgated Edict No. 11 of 1984, which made provisions ousting the jurisdiction of courts in chieftaincy matters. The respondent went to court again to challenge the validity of the Edict by seeking a declaration that section 11(7) of the Edict was null and void and for other reliefs. The indorsements to the writ of summons, as amended, read as follows:

“The plaintiff’s claim is against the defendant for

(a) A DECLARATION that Section 11 subsection 7 of Edict No. 11 of 1984 (i.e. The Chiefs Edicts. 1984 is illegal. unconstitutional, null and void in that the Military Governor of Ondo State is not competent to make or promulgate Section 11 subsection 7 of the Chiefs Edict 1984 which reads thus:

“No Civil proceedings shall lie or be instituted in any Court of law for or on account of or in respect of any act, matter or thing done or purported to be done under or pursuant to any provision of this Section and if any such proceedings are instituted prior or subsequent to the commencement of this Edict, the proceedings shall abate, be discharged and made void accordingly.”

(b) A DECLARATION that Section 12 subsection 3(b) of the Chiefs Edict 1984 is illegal, unconstitutional, null and void in that the Military Governor of Ondo State is not competent to make or promulgate Section 12 subsection 3(b) of the Chiefs Edict 1984 which reads thus:

“3. Where a person has been approved as a recognized Chief in accordance with this Part, any other person who-

(a) ………………

(b) by any means illegally challenges or impugns the validity of the appointment of such Chief, shall be guilty of an offence and shall be liable on conviction to imprisonment for two years.”

(c) AN INJUNCTION restraining the defendants, their servants, agents and or officers from executing or carrying out or taking any step pursuant to Section 11 subsection 7 and Section 12 subsection 3(b) of the Chiefs Edict 1984.”

After hearing, the learned trial Judge, Afonja, J. in a detailed reserved judgment, granted to the plaintiff/respondent the reliefs that he claimed. The defendants/appellants’ appeal to the Court of Appeal was dismissed: coram Omo-Eboh, J.C.A., Belgore, J.C.A. (as he then was) and Ikwechegh, J.C.A. They now further appeal to this Court.

The issues for determination in the appeal have in my opinion been better set out in the brief of the respondent thus:

“(a) Whether or not the Military Governor can derogate from the powers conferred on the State High Court by the Constitution by an Edict in the light of Decree No.1 of 1984