Jacob A. Jolayemi & Ors Vs Alhaji Alaoye (2004)

LAWGLOBAL HUB Lead Judgment Report

A. KALGO, JSC

This is an appeal from the decision of the Court of Appeal, Ilorin Division, Ilorin, in which it affirmed the judgment of the trial High Court Holden at Omu-Aran, in the Omu-Aran Judicial Division of Kwara State. According to paragraph 31 of the Statement of Claim, the Appellants who were the plaintiffs at the trial, claimed against the respondents, jointly and severally for:-

“i. DECLARATION that under the applicable native law and custom at Arandun, it is only the family compound of the Plaintiffs by name IMOJI compound that is entitled to present candidate (s) to fill any vacancy in the Ejemu Alaran Chieftaincy stool of Arandun.

DECLARATION that the family/compound of the 1st defendant that is; Imode compound has no right to present any candidate to fill any vacancy in the Elemu Alaran chieftaincy stool.

iii. DECLARATION that the 1st defendant is ineligible and not qualified to be selected, appointed and installed as the Ejemu Alaran of Arandun nor to perform the functions of the office or collect the perquisites attached thereto.

DECLARATION that the 2nd defendant has no power under the applicable Arandun native law and customs pertaining to the Ejemu Alaran Stool to approve the appointment of any person that is not from the Imoji compound at Arandun.

DECLARATION that the 3rd Plaintiff having being chosen and selected by the Imoji compound and presented traditionally to the 2nd defendant is the rightful person to occupy the vacant Ejemu Alaran stool of Arandun.

ORDER setting aside any purported selection, nomination appointment, approval and installation of the 1st defendant or any other person from his Imode compound/family.

vii. PERPETUAL INJUNCTION restraining the 1st defendant from continuing henceforth to hold himself out or under any form of ceremony in pursuance of his purported ambition of becoming the Ejemu Alaran and restraining the 2nd defendant or any other person for the time being acting for him from recognising the 1st defendant as the Ejemu Alaran. Perpetual injunction restraining the defendants jointly and severally from holding out, presenting, parading or in any other manner put the 1st defendant forward as the Ejemu Alaran.

viii. ORDER directing the 2nd defendant to appoint, approve and install the 3rd plaintiff as the rightful Ejemu Alaran forthwith”

The action was a chieftaincy dispute concerning the tool of Ejemu Alaran of Arandun in Irepedun Local Government of Kwara State. It all started with the movement of people from Omu Aran to a new settlement called Arandun. This was in or about 1931 and before then the people were under the Ejemu Alaran. When the people were moving it is alleged that the Ejenin Alaran told them that whenever they settled as new found land, they should maintain their chieftaincy to avoid any controversy. The appellants, together with others, moved and settled at Arandun in or about 1931. There were 6 compounds in Arandun and the appellants belonged to the Moji or Imoji compound and the respondents belonged to Mode or Imode compound. At Arandun the people maintained the stool of Ejemu Alaran and up till 1994 when the last Ejemu Jimoh Oyebanji died, the compound of Imoji produced all the Ejemus of Arandun from 1931 when the settlement was founded. In 1994, the respondents, from the Imode compound protested the appointment of any member of the Imoji family on the ground that according to native law and custom, the post of Ejemu Alaran of Arandun should be rotated between the Imoje and the Imode compounds and that this time it was their turn. This briefly is the substance of the dispute in this case.

The parties filed their pleadings and called witnesses to support their case on pleadings. The learned counsel for the parties also addressed the court at length both in writing and orally alter their witnesses’ evidence. The learned trial judge considered all these and came to the conclusion in her judgment that:-

“The plaintiffs have failed to satisfy this court from the evidence adduced that they have exclusive right to the stool of Ejemu Alaran chieftaincy and as such all the reliefs sought by them have failed and are accordingly dismissed”.

The appellants were dissatisfied and appealed to the court of Appeal. The appeal was dismissed as being without merit and the decision of the trial court was affirmed.