Oyefolu Vs. Durosinmi (2001)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C.

The dispute over succession to the stool of Osolu of Irewe gave rise to this appeal. The appeal is from the decision of Lagos Division of the Court of Appeal. The chieftaincy dispute led the plaintiffs, who hereinafter shall be referred to as the appellants, to file this action against Adeyosola Abayomi Durosinmi and the Attorney-General of Lagos State in the Lagos High Court. Mr. Adeyosola Abayomi Durosinmi is the respondent, in this appeal. The declaratory reliefs claimed by the plaintiffs at the high Court are as follows:

“1. A declaration that in accordance with tradition, native Law and Custom, there is only one ruling house known as Iga Osolu, made up of descendants of Aganran Oyefolu, which is entitled to present candidates for the stool of Osolu of Irewe.

2. A declaration that the said Aganran Oyefolu family comprises 6 male lines and 4 female lines, namely, Akingbade/Omotade, Durosinmi, Adeoye, Adelu, Adeshe, Durojaiye, Asanat Taiwo/Oriyomi, Ogunbambi, Jolade and Eyinle.
3. A declaration that in accordance with tradition, native Law and Custom and usages of the Iga-Osolu ruling House, succession to the stool devolves on the male lines of the Aganran Oyefolu Chieftaincy family otherwise known as the Iga Osolu.
4. A declaration that the Adelu Line of the Iga Osolu Ruling House which has presented the 1st plaintiff is entitled to provide a candidate for the stool of Osolu of Irewe.
5. A declaration that the purported candidature of the 2nd defendant is irregular, wrong, unconstitutional null and void and contrary to the tradition, native law custom usages and the Constitution of Iga Osolu of Irewe.
6. Perpetual injunction restraining the defendants by themselves their servants, agents or privies or howsoever otherwise from taking any steps towards the installation of the 2nd defendant as the Osolu of Irewe. See page 126 of the record”.

From the pleadings I will state the facts of the case albeit briefly.

The Osolu of Irewe Chieftaincy stool became vacant on the death of Oba Ashafa Adeoye Oyefolu. The Oba died on the 7th of March, 1988. In August 1988 the Secretary to Badagry Local Government Council caused the following Public Notice to be circulated with in the Osolu Chieftaincy area:

“PUBLIC NOTICE

APPOINTMENT OF OSOLU OF IREWE

In accordance with the provision of the Obas and Chiefs of Lagos State Law, 1981, Section 17(1)(a)(b) I, BABATUNDEAHMID OLUBANDO, the Secretary to the Badagry Local Government and in consonance with the existing registered chieftaincy declaration, hereby call on the members of Iga Osolu ruling House to submit the name of their candidate within thirty (30) days of the issue of this notice (i.e.) not later than 3rd September, 1988.

This notice is being brought to the knowledge of the Head of family, the Secretary, the Treasurer, the Trustees and all members of Iga Osolu ruling House.

Dated at Ajara,Badagry,this 4th day of August, 1988.

Sgd. ‘Tunde Olubando

Secretary to the Local

Government”

Soon after the announcement of the Public Notice two factions of Osolu Chieftaincy stool emerged. At a meeting convened by a faction headed by Prince Laidi Oloyede Kaffo the 1st appellant, Prince Taofiki Adesheinde Oyefolu from Adelu Branch of Iga Osolu was considered and approved to fill the vacant stool of Osolu of Irewe.