Prince Adebajo Sosanya V. Engineer Adebayo Idowu Onadeko (2005)

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EJIWUNMI, J.S.C. 

This appeal is against the judgment of the court below (Coram. Onalaja. Tabai and Adekeye. JJCA), wherein the court affirmed the judgment of the trial court except the portion of the judgment on the propriety of joining the 4th respondent as a party to the suit. The action which is the subject of the appeal, was commenced by the appellant at the High Court of Justice of Ogun State in the Sagamu Judicial Division, before Ogunade, J. claiming declaratory reliefs and injunction against the selection of the 1st respondent as the Odemo of Isara.

Following the orders of the trial court, the parties filed their pleadings and which were later amended with the leave of the court.

Hence, the appellant’s case is as contained in his amended statement of claim. The defendants now respondents, for their part defended the claims in two parts. For the first part, the 1st, 5th and 6th respondents filed an amended statement of defence. The appellant joined issues with the respondents on their respective statements of defence by filing replies to amended statement of defence of the 1st, 5th and 6th respondents, on the one part, and on the other, the 2nd, 3rd and 4th respondents. It follows that at the close of pleadings, the appellant relied upon his amended statement of claim, his reply to the amended statement of the 1st, 5th and 6th respondents, and also the reply filed to the amended statement of defence of the 2nd 3rd and 4th respondents. On the other hand, the case for the 1st, 5th and 6th respondents is as postulated in their amended statement of defence.

As I do not consider it necessary to set out the pleadings of the parties, I think that reference ought to be made at this stage to the reliefs sought in the action by the appellant as pleaded at paragraph 23 of his amended statement of claim. It reads thus: –

“(a) A declaration that the 1st defendant, Engr. Adebayo Idowu Onadeko’s purported nomination and selection as the Odemo of Isara, Isara Remo, Ogun State of Nigeria is unconstitutional, illegal and contrary to the Customary Law and as such null, void, ultra vires and of no effect whatsoever.

(b) A declaration that the submission of the 1st defendant’s name to the kingmakers is null and void.

(c) A declaration that the non-submission by the Rokodo/Ogunsere Ruling House of the plaintiffs name to the kingmakers as one of the candidates vying for appointment to the Chieftaincy is ultra vires the Ruling House, and illegal.

(d) A declaration that the 1st defendant is not qualified to be a candidate for appointment to the office or to be appointed as an Odemo of Isara, having regard to the Customary Law pertaining to the Odemo of Isara chieftaincy.

An order in the nature of a mandatory injunction directing the Rokodo/Ogunsere to submit the name of the plaintiff to the kingmakers for consideration for appointment to fill the existing vacancy in the said chieftaincy.

(e) A declaration that the plaintiff being a qualified candidate is constitutionally entitled to vie, contest and be appointed as the Odemo of Isara, Isara Remo, Ogun State of Nigeria.

(f) A perpetual injunction restraining the 2nd to 6th defendants, their servants, privies, agents, officials and assigns from parading the 1st defendant or holding out the 1st defendant as the newly appointed Odemo of Isara Remo, Ogun State of Nigeria.

(g) An order of perpetual injunction restraining the 2nd, 3rd and 4th defendants, their agents, servants, privies, officials and assignees from announcing, appointing and/or ratifying the 1st defendant as the Odemo of Isara, 1sara Remo, Ogun State of Nigeria.

(h) An order of this Honourable Court on the 2nd to 5th defendants to take appropriate and fresh steps to comply with the Chiefs Law for the selection and appointment into the vacant position of the Odemo of Isara, Isara Remo, Ogun State of Nigeria.”