The Secretary, Iwo Central L.G. & Ors. V. Taliatu Adio (2000)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE,J.S.C.

The plaintiff (now respondent) had sued the defendants claiming, as per the writ of summons:

‘”(i) A declaration that the instrument dated the 28th day of July, 1981 in so far as it purports to include Tadese family as a sub-section of the Adegunodo Ruling House of Oluwo of Iwo Chieftaincy is wrong and accordingly illegal and void.

(ii) An injunction restraining all servants officers and functionaries of the Government of Oyo State and of Iwo Central local Government from acting pursuant to or taken (sic) any steps to implement the aforesaid approved and amended registered declaration of 29th July, 1981 and any further steps in connection with the selection or nomination of candidate/candidates to fill the vacant stool of Oluwo of Iwo as directed by the secretary of the Iwo Central Local Government”.

Pleadings were filed and exchanged and in the case of the plaintiff and 3rd and 4th defendants, amended by leave of court. The case proceeded to trial before Ige J, (as she then was) who at the conclusion of evidence and after addresses by learned counsel for the parties, in a reserved judgment, dismissed the claims of the plaintiff.

Being dissatisfied with the judgment the plaintiff appealed to the Court of Appeal upon two original and five additional grounds of appeal numbered (1) – (7), Parties filed and exchanged their briefs of arguments in which issues for determination were formulated, At the oral hearing of the appeal, the plaintiff through his learned counsel withdrew grounds 1-5 leaving grounds 6 and 7 which read-

“6. The learned trial judge erred in law in not disqualifying herself from trying this case on grounds or interest or bias or likelihood of bias as she is the lawful wife of Chief Bola Ige the then Chief Executive of Oyo State and the substantive 1st defendant in this case as more clearly seen in Exhibit C 1’

7. The learned trial judge erred in law when she held as follows:

They have done many things together like protesting against Apara Report, whether or not they presented joint or separate petitions, they have held out Tadese family to the Government as member of Aclegunodo Ruling House at One time or the other. They have also held meetings together in the past where they had a common cause. It is my view that it is too late in the day for Tadese family to be excluded from Adegunodo Ruling House – See Exhibits K and O”.

The issues for determination based on these grounds and on which the appeal was argued and determined read:-

“(iv) Whether it was proper for the learned trial judge to preside and adjudicate over the case in view of the fact that the gravemen of the appellant’s complaints and allegations were made against a government which the learned trial judge’s husband was the Chief Executive even at the time of trial.

(v) Whether the holding of the learned trial judge that Tadese is a component part of Adegunodo ruling house is right having regard to S.2 of the Chiefs Law of Oyo State, the claims of the appellant and the evidence before the court”.

The Court of Appeal, in a split decision, allowed the appeal on the first of the two issue set out above and declared the decision of the trial High Court void. In the lead judgment with which Akpabio JCA agreed but Kolawole JCA dissented, Ogwuegbu JCA, (as he then was), found:

1. “It is my view that it was not wise for the learned trial judge to have sat over the case in those circumstances”,
2. “Even though Chief Ige signed Exhibit ‘CI’ (the Chieftaincy declaration in respect of the Oluwo of Iwo Chieftaincy) in his official capacity yet he was the substantive 1st defendant in the case sued in his official capacity. Viewing the matter objectively, to say that Chief Ige signed Exhibit ‘C1’ in historical capacity should not be stretched too far when the reviewing court is faced with Exhibit ‘C1’ which was being interpreted by the learned trial judge who happened to be the wife of the Governor”.

(Words in brackets mine)

3. “This matter must be determined upon probabilities to be inferred from the circumstances in which the learned trial judge sat. There is no doubt in my mind that there were circumstances from which a reasonable man would come to the conclusion that the learned trial judge was biased or that there was a real likelihood of bias”.

He finally adjudged as hereunder: