T.A.O. Wilson & Anor V. A.B. Oshin & Ors. (2000)

LAWGLOBAL HUB Lead Judgment Report

KARIBI-WHYTE, J.S.C.

On the 15th April, 1994, the Court of Appeal, Benin Division, holden at Benin City (Coram Ogebe J.O., Ubaezonu, E.C., Ige, A. JJCA) dismissed the appeal of the appellants against the judgment of Awe J, of the Ondo High Court delivered on the 23rd February, 1990. In the suit in the Ondo High Court, appellants as plaintiffs in their writ of summons claimed against the respondents as defendants, declarations that according to the native law and custom of Emure-Ekiti, the Adumori Ruling House is the only Ruling House of Emure-Ekiti Chieftaincy, that there is no Abenimota Ruling House to the Elemure of Emure-Ekiti Chieftaincy. They also sought a declaration that the recommendation of the Morgan Chieftaincy Review Commission that Abenimota be made a Ruling House to the Emure-Ekiti Chieftaincy is against the history, and native law and custom, and hence wrongful, null and void, and of no effect. Accordingly, the acceptance of the said recommendation of the Morgan Chieftaincy Review Commission by the Ondo State Government is null and void and of no effect. The plaintiffs also sought a declaration that the appointments of the 1st defendant as the Elemure of Emure-Ekiti, is contrary to the custom and tradition regulating the Elemure of Emure-Ekiti, and is therefore null and void.

Plaintiffs also sought a declaration that the Elemure of Emure-Ekiti Chieftaincy Declaration made in 1958 is illegal, null and void, being contrary to the Chiefs Law of Ondo State. Also sought was a declaration that the 2nd defendant was Secretary to an incompetent and unconstitutional Local government and incompetent to fulfil or perform the functions as secretary of a competent Council under the Chiefs Law.

Plaintiffs sought an order restraining all members of the Abenimota family of Emure-Ekiti from claiming membership of any Ruling House to the Elemure of Emure-Ekiti Chieftaincy or claiming to be eligible to the said Chieftaincy. Also sought was an order nullifying the 1981 Elemure Chieftaincy Declaration, based on the recommendation of the Morgan Chieftaincy Review Commission, on the ground that it is illegal, null and void and also contrary to the history and tradition of Emure-Ekiti.

An order was sought to nullify the call made on 4th November, 1982 by the 2nd defendant on the Abenimota Ruling House to produce a candidate for the Elemure title. Similarly sought to be nullified was the selection of a candidate by the Abenimota Ruling House.

Plaintiffs also sought an order nullifying the appointment of the 1st defendant for the Elemure title made by the King-makers of Elemure-Ekiti in November or December, 1982. Also sought was an order nullifying the 4th defendant’s approval of the appointment of the 1st defendant as the Elemure of Emure-Ekiti.

Plaintiffs sought an injunction restraining the 1st defendant from holding himself out or parading himself as the Elemure of Emure-Ekiti or acting or behaving as the traditional ruler or recognised Chief or Oba of the Emure-Ekiti people.

Finally, an injunction was sought restraining all the defendants and all other public functionaries of Ondo State and their privies from performing the installation or from doing any act towards the installation of the 1st defendant, to fill the vacant stool of Elemure of Emure-Ekiti Chieftaincy or from presenting a staff of office to the 1st defendant. After pleadings were filed and exchanged, and a hearing of witnesses on both sides the learned trial judge gave his considered judgment.

The claims of the plaintiffs were dismissed in their entirety.

As can be discerned from the claim against the defendants, hereafter the respondents, the dispute between the parties is about the Elemure of Emure-Ekiti Chieftaincy. It is essentially a dispute about the number of Ruling houses emitted to fill the stool of the Elemure of Emure-Ekiti when vacant. The plaintiffs contend that there is only one ruling house namely, the Adumori Ruling House. The defendants’ case is that there are two Ruling houses, namely (a) The Adumori Rulling House, and (b) The Abenimolo Ruling House. The defendants belong to the latter.

Both sides relied on traditional evidence and the history of Emure-Ekiti people. The traditional history were in conflict. It was the case of the plaintiffs/appellants that the first Elemure of Emure-Ekiti was Adumori Ogunragaboja who lived between 1780-1845 or thereabout. Between 1780 and 1974 all Obas who reigned as Elemure of Emure-Ekiti were from the Adumori family. The grandfather of the two plaintiffs was Oba Joseph Ogunloye Wilson, alias Arosoye who reigned between 1924 and 1931 and was from the Adumori family. That the name of Abenimota as a Ruling House was first heard in 1956, when the 1958 Registered Declaration tendered as Exh. 5 was made. In 1965 as a result of protests from the Adumori family, Exh. 5 was nullified by the 1965 Registered Declaration tendered as Exhibit 6; thereby restoring the pre-1958 position with Adumori as the only Ruling House.

In 1981, the Morgan Chieftaincy Review Commission recommendation to the Governor of Ondo State that the Abenimota family be made a Ruling House was accepted. So that there would be two ruling houses in Emure-Ekiti; namely, the Abenimota and the Adumori. The report of the Commission and the approval of the Governor were tendered as exhibits 9 and 11.

The defendants case is that there are two Ruling Houses to the Elemure of Emure Chieftaincy title; i.e. Abenimota and Adumori Ruling Houses. Both Abenimota and Adumori are children of the same father by name Okutuagbonkoja, Abenimota being the elder brother, and Adumori, the younger. Abenimota was the Elemure who brought the Emure people to its present site from Igbo Ora. All princes in Emure have the same Oshin ascribed to them, this being the name of the original dynasty of the princes. Before the Declaration of 1958 all the princes in Emure vied for the vacant stool of Elemure. The 1958 Declaration truly represented and still represents the tradition and custom of Emure relating to the ascension of an Elemure and accords with the popular wishes of the people.

Defendants state that descendants of Abenimota have reigned as Elemure of Emure-Ekiti, such as Kanga, Aladeleye, Atikuopolo, Atobiloye and Odoba Famuti. Prince Ajiboye of the Abenimota Ruling House was in 1969 unanimously selected to succeed Oba Aminmin II, but the Government of the day replaced him with Oba Ogunleye II. Defendants also state that both princes and princesses of the Abenimota and the Adumori families are members of the Ebi Omo Elemure, whose leadership rotates between the two Houses. At the time of the litigation both heads of the male and female sections of the Egbe Omo Elemure are from the Abenimota House, and both of them were appointed by Oba Ogunleye II, a descendant of Adumori.