Oladiti Adesola V. Alhaji Raimi Abidoye & Anor. (1999)

LAWGLOBAL HUB Lead Judgment Report

G. KARIBI-WHYTE, J.S.C

This appeal is essentially about the interpretation of the provisions of section 22(5) of the Chieftaincy Law Cap. 21 Vol. 1 of the Laws of Oyo State, 1978. The need for the interpretation was provoked by the criticisms of the procedure allegedly adopted in the filling of the vacant position of the Mogaji of the Oluokun family of Ibadan.

THE FACTS.

On the 21st August, 1986, Gbadamosi Adeleke, the Asiwaju Balogun and the last Mogaji of Oluokun family Ibadan died. A vacancy accordingly for a successor was created. Plaintiff, Mr. Oladiti Adesola from the Aderin branch of the Oluokun family was interested and was nominated to the Olubadan of Ibadan, the 2nd Defendant in this action by his branch of the Oluokun family to fill the vacant position. He claimed it was the turn of his branch of the Family to fill the vacant position. Alhaji Raimi Abidoye Olatunji of the Adetunji branch of the Oluokun Family also interested was nominated for the vacant position to the Olubadan of Ibadan, the 2nd Defendant in this action by his branch of the Oluokun Family. His nomination was supported by the remaining five surviving branches of the Oluokun Family. Raimi Ahidoye Olatunji relied on the claim that the Oluokun family has not adopted the principle of rotation among the surviving branches of the Family in the appointment of the Mogaji. He claimed that the Mogaji of the Oluokun Family is appointed from the candidate chosen by the majority of the surviving branches of the Family. The qualities of ability to promote the interest of the Family and general acceptability to the majority of the surviving branches are the deciding considerations.

BEFORE THE PRESCRIBED AUTHORITY

The two nominations were submitted to the Olubadan of Ibadan. The 2nd Defendant, and the Prescribed Authority under the law whose decision was final. Both parties were invited by the Olubadan to defend their claims to nomination and election to the vacant position of Mogaji of the Oluokun family. Both parties appeared before the Olubadan-in-Council with their witnesses and gave evidence. The matter was adjourned for decision to the 20th October, 1986. On the 17th October, 1986, before the decision of the Olubadan-in-Council, appellant brought an ex parte motion seeking an interlocutory injunction to restrain the 1st defendant from parading himself as the new Mogaji elect by the 2nd Defendant and from performing any rites, ceremonies activities and duties as condition precedent to his installation as the new Mogaji or Head of the Oluokun family of Ibadan, and also from being actually installed as the Mogaji or Head of the Oluokun family of Ibadan.

EX PARTE APPLICATION

The ex parte motion also sought to restrain the 2nd Defendant by himself, his agents, privies and servants from taking any steps or actions whatsoever pursuant to the installation of the 1st Defendant as the new Mogaji or Head of Oluokun Family of Ibadan, and also for actually so installing him.

The application also sought to restrain the 2nd Defendant from initiating, organising and installing any person whatsoever to fill the vacant position of the Mogaji or Head of the Family of Oluokun of Ibadan.

On the 20th October, 1986, the Olubadan of Ibadan, the Prescribed Authority, who also is the 2nd Defendant in this action, approved the nomination of the 1st Defendant and installed him as the Mogaji of Oluokun Family of Ibadan.

ISSUE OF WRIT OF SUMMONS IN THE HIGH COURT

In the writ of summons filed by Appellant/Plaintiff on the 17th October, 1986 at the High Court, Ibadan, he sought for the following reliefs-

1. A declaration that Mr. Oladiti Adesola. the Plaintiff is the rightful Mogaji Oluokun as against Alhaji Raimi Abidoye Olatunji, the 1st defendant, who was wrongly installed the Mogaji or Head of the Family of Oluokun by the 2nd Defendant.
2. A declaration that the installation of the 1st defendant Alhaji Raimi Abidoye Olatunji as Mogaji or Head of Family by the 2nd defendant is null and void and without effect as it contravenes natural justice, and repugnant to native law and custom.
3. An injunction restraining the 1st defendant, Alhaji Raimi Abidoye Olatunji from performing any of the duties rites and activities belonging to the office of the Mogaji Oluokun or Head of the Oluokun family.

Appellant as Plaintiff filed a statement of claim, on the 1st December, 1986 and subsequently amended the same. The 2nd and 1st Defendants filed their statements of defence on the 4th and 13th February, 1987 respectively. The 1st Defendant subsequently filed an amended statement of defence. Appellant filed a reply to the amended statement of defence of the 1st Defendant. The case proceeded to trial before Ibidapo-Obe J who granted all the reliefs sought.

Appeal to the Court of Appeal.