Salami Afolabi & Ors V. Governor Of Osun State & Ors (2003)

LAWGLOBAL HUB Lead Judgment Report

L. KUTIGI, J.S.C. 

In the High Court of Justice holden at Oshogbo, the plaintiffs in paragraph 24 of their statement of claim sought for the following reliefs

“(1.) A declaration that the “Ifelodun Local Government Traditional Council Declaration” made under section 4 of the Chiefs Law of Laws of Oyo State and approved and registered on the 31st day of December, 1986 for the Regulation of the Olobagun Chieftaincy is contrary to the customary law regulating the said Olobagun Chieftaincy and is therefore null and void and of no legal effect whatsoever.

(2) A declaration that the Iwolode Family of Obagun as represented by the 4th defendant, is not a Ruling House in Obagun and is not recognised as such under the customary law of Obagun Chieftaincy in Obagun.

(3) A declaration that the said Chieftaincy Declaration made pursuant to section 4(2) of the Chiefs Law Cap. 19, Laws of Oyo State, and registered on the 31st December, 1986 for the regulation of the selection to the Olobagun of Obagun is contrary to sections 4(4),7,10 and 25 of the said Chiefs Law, Cap. 21, Laws of Oyo State, 1978 and is therefore ultra vires, null and void.

(4) A perpetual injunction restraining the defendants either by themselves or by their servants, agents, and or privies from giving effect to the said declaration.”

Pleadings were then ordered, filed and exchanged, some of which pleadings were later amended with 1eave of court. The 4th defendant in paragraph 28 of his amended statement of defence pleaded as follows –

“28. The 4th defendant raises the issue of “Res Judicata” in respect of the plaintiffs’ claims in paragraph 24(1) and (2) of the statement of claim as the p1aintiffs are estopped by virtue of the decision of the High Court of Oshogbo in suit No. HOS/6/82: SALAMI AFOLABI & ORS. v. GOVERNOR OF OYO STATE & ORS, and the decision of the Supreme Court in Appeal No. SC.251/1984 in the same subject-matter reported in (1985) 2 NWLR (Pt. 9) page 734.”

By notice of motion the 4th defendant applied for an order “setting down for hearing as a preliminary point the issue raised in paragraph 28 of the amended statement of defence” above. The preliminary point was set down and argued. In a considered ruling, the learned trial Judge, Sijuwade, J., upheld the preliminary objection and dismissed plaintiffs’ claims, when he concluded his ruling thus-

“On the sum total, I am inclined to uphold the submissions of the 1earned counsel for the 4th defendant/applicant and the other parties’ counsel associating themselves with him and hereby rule that the plaintiffs’ claim is caught by the plea of estoppel per rem judicata, and it is accordingly dismissed….”

Dissatisfied with the ruling of the trial court, the plaintiffs appealed to the Court of Appeal holden at Ibadan. Only one issue was submitted for determination in that court. It reads –

“Whether the judgment of the Supreme Court in Appeal No. SC.251/1984 reported in (1985) 2 NWLR (Pt. 9) page 734 could constitute an estoppel in the present proceedings.”

In a reserved judgment the Court of Appeal unanimously dismissed the appeal. Adamu, JCA who delivered the lead judgment concluded in part thus –

“The ruling of the trial court on the plea of res judicata as raised and argued before it is hereby upheld and affirmed and the appellants’ action before the said trial court is hereby dismissed.”