Chief Michael Omodele Alese V. Chief Julius Aladetuyi (1995)

LAWGLOBAL HUB Lead Judgment Report

OGWUEGBU, J.S.C

The 1st respondent in this appeal as plaintiff, instituted a civil action in the Akure Judicial Division of the High Court of Ondo State against the appellant as 3rd defendant. The Governor of Ondo State and the Hon. Justice R.O. Fawehinmi (Sole Commissioner to Oloja Adin Chieftaincy Commission) were 1st and 2nd defendants respectively. He filed the action in a representative capacity as the Oloja-Adin of Ilawe-Ekiti.

He claimed the following reliefs:

“1. A declaration that Chief Julius Aladetuyi, the Oloja-Adin of Ilawe was validly appointed as the Oloja-Adin of Ilawe according to native law, custom and tradition of Ilawe with particular reference to Adin Quarters of Ilawe-Ekiti.

2. A declaration that the Judicial Commission of Inquiry set up by the 1st defendant mandating or empowering the 2nd defendant as Sole Commissioner to inquire into the Oloja-Adin Chieftaincy is “res judicata” and is therefore null and void and of no legal effect.
3. An order that the registered declaration of 1962 apertaining to the Oloja-Adin Chieftaincy can no longer be used for the appointment of an Oloja-Adin by reason of the western Nigeria Legal Notice No.6 of 1976.
4. An order that there is only one Ruling House to the Oloja-Adin Chieftaincy the identity of which is Fatoye Ruling House.
5. An injunction restraining the 2nd defendant as Sole Commissioner from continuing with the Inquiry into the validity or otherwise of the appointment of the plaintiff and/or any other ancillary and collateral matters attendant to it as contained in the terms of reference of the Commission which is set up by the 1st defendant.
6. An order restraining the 1st defendant from acting upon any report or recommendation made by the 2nd defendant as Sole Commissioner to the Oloja-Adin Chieftaincy consequent on the commission set up by the 1st defendant.”

Pleadings were ordered, filed and exchanged. The case proceeded to trial. In the end, the learned trial Judge in a reserved judgment, refused to make the declarations sought. He held that there are two ruling houses for the Oloja-Adin Chieftaincy namely, Fatoye and Onoligboran and that it was the turn of the latter house to produce a candidate after the demise of Gabriel Esan of Fatoye House in 1977. The injunctions sought were also refused.

The plaintiff was not satisfied with the judgment and appealed to the Court of Appeal, Benin Division. The court set aside the decision of the learned trial Judge and ordered as follows:-

“1. That the appellant, Chief Julius Aladetuyi is validly appointed the Oloja-Adin of Adin Quarter Ilawe according to native law and custom and tradition of Ilawe.

2. That the registered declaration of 1962 appertaining to the Oloja- Adin Chieftaincy can no longer be applied for reason of its having been repealed by implication by the Western Nigeria Legal Notice 6 of 1976.
3. That there is only one ruling house to the Oloja-Adin Chieftaincy of which is Fatoye Ruling House.”

The appellant who was the 3rd defendant in the trial court and the 3rd respondent in the court below was dissatisfied with the decision of the Court of Appeal. He appealed to this court. From the amended grounds of appeal filed with the leave of this court granted on 22/9/93, the appellant formulated one sole issue and four issues in the alternative in his brief of argument:-

“1. Whether the 1st respondent/plaintiffs claim is not a challenge to the Registered Chieftaincy Declaration of 1962 made under Chiefs Law Cap. 19. Laws of Western region of Nigeria 1959 in respect of which the jurisdiction of the State High Court had been removed by virtue of section 161(3) of the 1963 Constitution (Ground 1 Amended Notice of Appeal)

This is an issue which relates to jurisdiction which is successful could dispose of the whole appeal. Alternatively however, the appellant submits that other issue which arise for determination are:

2. Whether or not the Chieftaincy Declaration of 1962 which codified the traditional mode of succession to the Oloja-Adin Chieftaincy Title is still valid and subsisting (Grounds 2, 3 and 4 of Amended Notice of Appeal) .
3. What is the effect of the Recognised Chieftaincies (Revocation and Miscellaneous) Order (L.N.) No.6 of 1976 (hereinafter called the Legal Notice) on the mode of succession to the Oloja-Adin Chieftaincy stool especially in relation to the Chieftaincy Declaration of 1962 as it relates to the Oloja-Adin Chieftaincy Stool. (Grounds 2, 3 and 4 of Amended Notice of Appeal).
4. What in the circumstances of this case is the appropriate law regulating the mode of succession to the Oloja-Adin Chieftaincy stool.
5. Whether the Court of Appeal could suo motu make findings on issues not canvassed by the appellant in that court.’”

The facts briefly slated are as follows: The Oloja-Adin prior to 1976, was a recognised chieftaincy under the Chiefs Law Cap 19. Laws of Western Region of Nigeria. 1959. As a result, Part II of the Chiefs Law applied to it. The only ruling house at the material time was Fatoye Ruling House (plaintiff/respondent). It was not in dispute that the plaintiffs family is the only family from which candidates have been selected and made Oloja-Adin time immemorial without interruption and it had produced ten successive Oloja-Adins commencing from Afintoto to Chief Gabriel Esan who died in 1977.

In 1962, a declaration was made pursuant to section 4(1) of the Chiefs Law of 1959 by a committee of the Ekiti South District Council under the chairmanship of Oba Adegoriola II. The declaration provided for two ruling houses for the Adin Chieftaincy. These were Olonigboran and Fatoye Ruling Houses. The order of rotation is (1) Olonigboran Ruling House and (2) Fatoye Ruling House (who was the incumbent at the time of the declaration). The declaration provided for twenty kingmakers and the Consenting Authority. The said declaration was approved by the Commissioner For Chieftaincy Affairs on 10:10:62 and registered on 15/10/62. On becoming aware of the said declaration, the Fatoye Ruling House found the inclusion of Olonigboran Ruling House unacceptable and challenged it unsuccessfully in the court. Their action was struck out because chieftaincy matters were not justiciable under the 1963 Constitution and section 25 of the Chiefs Law of 1959.

In 1976, the Recognised Chieftaincies (Revocation And Miscellaneous Provisions) Order, Western State Legal Notice No.6 of 1976 came into force. This notice reduced the Oloja-Adin chieftaincy stool to a minor chieftaincy to which Part III of the Chiefs Law applied.

Hitherto, Part II of the said Law applied to it. Paragraph 2 of the Legal Notice reads: