Prince Ademolu Odeneye Vs Prince David Olu Efunuga (1990)

LawGlobal-Hub Lead Judgment Report

KARIBI-WHYTE, J.S.C. 

On the 18th day of April, 1988, the Court of Appeal, Ibadan Division, dismissed the appeal of the defendants/appellants against the judgment of Sonoiki, J. of the High Court of Ogun State, sitting at Shagamu and delivered on the 28th November,1986. This appeal before us by Prince Odeneye, the 5th defendant, dated 22/4/88 is against the judgment of the Court of Appeal just referred to.

The issues for determination before this court are as formulated by learned counsel to the 5th defendant/appellant. They are entirely based on the determination of the question whether the procedure adopted in the election of Prince Odeneye as the Alakenne of lkenne, is in accordance with the enabling customary law declaration, and are as follows-

(i) Whether the plaintiff has locus standi to bring this action; and

(ii) Whether paragraph (v) of the declaration relating to the Alakenne of Ikenne chieftaincy (exhibit “A”) is ultra vires section 4(2)(a)(v) of the Chiefs Law of Ogun State.

The issues will be much clearer after a recapitulation of background facts, even if cursory, leading to the institution of the action. The facts are that on thursday the 18th July, 1985, pursuant to a letter from the 4th defendant No.IDM.28/105 the Obara Ruling House, the principal ruling house, in Ikenne, there are others, and the one to which both the plaintiff/respondent, and the 1st and 5th defendant/appellant belong, held a meeting for the purpose of deciding the question of the filling of the vacant position of the Ajakenne of Ikenne chieftaincy. The 1st defendant in this case presided at this meeting. He is the Head of Obara Ruling House. The second defendant, Attorney-General of the state, is a nominal defendant. The third defendant, subsequently substituted with the secretary to the government has ministerial responsibility in chieftaincy matters. The 4th defendant is the chief executive of the Ijebu-Remo Local Government responsible for setting in motion the process of filling the vacancy, subject matter of this action.

At the aforesaid meeting of the Obara Ruling House on the 18th July, 1985, plaintiff/respondent was one of the four candidates nominated, whose names were to be and were eventually sent to the kingmakers in respect of the vacant Alakenne of Ikenne chieftaincy, purportedly in compliance with the letter No. IDM/28/105 of the 4th defendant referred to above and the Alakenne of Ikenne chieftaincy declaration 1958.

After the meeting, the plaintiff met the 1st defendant in his house and complained to him orally, and subsequently in writing, that the procedure adopted and the nomination made at the meeting of the 18th July, 1985 was contrary to the Alakenne of Ikenne chieftaincy declaration of 1958, that is exhibit A.

On the 26th day of July, 1985, the kingmakers purported to have appointed the 5th defendant, the Alakenne of Ikenne from the list of four names including the names of the plaintiff and the 5th defendant, under the Alakenne of Ikenne chieftaincy declaration 1958.

On the 29th July, 1985, plaintiff/respondent issued a writ of summons claiming, from the defendants as follows-

“i. A declaration that the purported nomination of four candidates for the vacant stool of Alakenne of Ikenne chieftaincy at a meeting of the Obara Ruling House held on 18th July, 1985, being contrary to the provisions of the Alakenne of Ikenne Chieftaincy Declaration of 1958, is null, void and of no effect.

ii. An order directing the 4th defendant to issue a fresh notice inviting the 1st defendant to summon a meeting of the Obara Ruling House for the purpose of nominating “a candidate” to fill the vacant stool of the Alakenne of Ikenne Chieftaincy in accordance with paragraph (v) of the provisions of the Alakenne of Ikenne Chieftaincy Declaration 1958.

iii. Plaintiff also claims commensurate costs against all the defendant

Prince Ademolu Odeneye, who was chosen as the Alakenne of Ikenne by the kingmakers on the 26th July, 1985, was not one of the defendants in the action brought by plaintiff on the 29th July, 1985. On the 5th August, 1985 Prince Ademolu Odeneye brought a motion seeking to be joined as one of the defendants. The application was granted and the said Prince Ademolu Odeneye became the 5th defendant.