Alhaji Lasisi Gbadamosi V. The Governor Of Oyo State & Ors (2006)

LAWGLOBAL HUB Lead Judgment Report

OGUNTADE, J.S.C.

The appellants were the plaintiffs at the High Court of Dekina, Kogi State, where as the representatives of Aboko and Oche ruling houses, they issued a writ of summons against the respondents as the defendants claiming the following reliefs:

1. A declaration that the purported nominations, appointment and/or recognitions of the Ist and 2nd defendants as Madaki (Idaka) Ajiyolo and Madaki (Okoyi) Ajiyolo respectively in the said Ajiyolo, Aboko-Oche village/community by the 3rd and 4th defendants is contrary to and a violation of the established Igala traditional (sic) and culture obtainable in the said village/ community as well as a breach of the Kogi State Government’s guidelines on the appointments of village/community heads (Madakis) and is therefore null and void and of no effect whatsoever.
2. A declaration that only qualified members from the two ruling houses of Aboko and Oche lineages are qualified to be nominated and/or appointed as Madakis for the village/community Ajiyolo Aboko-Oche.
3. A perpetual injunction restraining the 1st and 2nd defendants from acting, parading or conducting themselves as Madakis (village/community Heads) Idoko Ajiyolo and Okoyi Ajiyolo respectively in Ajiyolo Aboko-Oche in Dekina Local Government Area of Kogi State.

A perpetual injunction prohibiting or restraining the 3rd, 4th, 5th and 6th defendants either by themselves or servants or agents or by whomsoever from recognizing the 1st and 2nd defendants as Madakis village/community heads) at the said Ajiyolo Aboko-Oche.”

The parties filed and exchanged pleadings. The relevant pleadings are the statement of claim filed on 15/10/97,joint statement of defence of 1st, 2nd and 3rd defendants filed on 10/11/97, reply to the joint statement of defence of the 1st, 2nd and 3rd defendants filed on 3/12/97, joint statement of defence of the 4th, 5th and 6th defendants filed on 9/12/97 and reply to the joint statement of defence of the 4th, 5th and 6th defendants filed on 9/01/98. The case was heard by Tom Yakubu J. The plaintiffs called 9 witnesses. The 1st to 3rd defendants called five witnesses. The 4th to 6th defendants called one. On 1/12/99, the trial Judge in a well-reasoned judgment dismissed the claims of the plaintiffs in their totality.

The plaintiffs were dissatisfied with the judgment of the trial court. They brought an appeal against it before the Court of Appeal, Abuja Division (i.e. the court below.). The court below on 24/7/2001, in a unanimous judgment dismissed the plaintiffs’ appeal. Still dissatisfied, the plaintiffs have come on a final appeal before this court. In their appellants’ brief, the issues for determination in the appeal were identified as the following:

“1. Whether the plaintiffs/appellants had established or led ample material and credible evidence as to their traditional history, which entitled their family exclusively to the Madakiship of Ajiyolo Aboko-Oche otherwise known as Ajiyolo Ofalemu.

2. Whether having regards to the pleadings and evidence adduced in support thereof, the Court of Appeal was right in not interfering with the findings made by the trial court.
3. Is the Madakiship a traditional office
4. Whether the Court of Appeal was right when it held that the trial court rightly rejected the affidavit of late Chief Shaibu Ogbadu.
5. Whether the Court of Appeal was right when it dismissed the appeal of the appellants and confirmed the judgment of the trial court despite finding that the trial court had wrongly invoked s. 149 of the Evidence Act, Cap. 112 Laws of the Federation of Nigeria, 1990.”

The 1st and 2nd defendants in their joint brief formulated five issues of their own. Those issues are however similar to the plaintiffs’ five issues. The 3rd and 4th to 6th defendants filed no briefs. Neither did counsel appear for them. I shall be guided in this judgment by the plaintiffs/appellants’ issues for determination.

Before a consideration of the issues for determination, it is helpful for an appreciation of the issues as discussed to state the background of the dispute leading to this appeal as pleaded by the parties in their diverse pleadings.

The plaintiffs in their statement of claim pleaded the following facts:

“1. That Ajiyolo Aboko-Oche was founded by two brothers namely Aboko and Oche.

2. That Aboko and Oche settled in the Eastern and Western parts respectively of Ajiyolo; and that the present names of the two settlements reflect their origins.
3. That the parents of 1st and 2nd respondents are strangers in Ajiyolo.
4. That under native law and custom of Igala, the Madakis of the village have over the years been appointed exclusively from the lineages of Oche and Aboko alternately; and that the two lineages constitute the only two ruling houses.
5. That all the previous Madakis of the village have been appointed from the male descendants of Oche and Aboko.
6. That contrary to the established native law and Custom of Igala, the 3rd and 4th defendants appointed and recognised the 1st and 2nd defendants as Madaki (Idaka) Ajiyolo and Madaki (Okoyi) Ajiyolo respectively.
7. That there were no places or clans known as Jdaka and Okoyi within Ajiyolo Aboko-Oche village.
8. That the appointment and recognition of the 1st and 2nd defendants as Madakis is contrary to Igala native law and custom as the said 1st and 2nd defendants are not from Ajiyolo.

The 1st, 2nd and 3rd defendants in their joint statement of defence pleaded:

1. The village Ajiyolo had never been known as Ajiyolo Aboko-Oche.
2. The defendants were not strangers in the village as pleaded by the plaintiffs.
3. That the grandparents of the plaintiffs, Aboko and Oche migrated from Ofeijiji in Egume to Okikili in Dekina.
4. That Aboko and Oche did not go to Ajiyolo and so could not have founded the village.
5. That Ajiyolo village was founded by one Eyibo Adehi from Okoyi in Aboche, Biraidu district of Dekina.
6. That the plaintiff’s grandparents migrated through several villages before finally settling at Ajiyolo with the founder of Ajiyolo, Eyibo Adehi.
7. That the village was originally called Ajiyolo but later became known as Ajiyolo Ofalemu to distinguish it from other villages known as Ajiyolo and arising from the fact that oranges abound there.
8. That there were three main clans in Ajiyolo Ofalemu, namely:- (1) Okoyi clan from where the 1st defendant came. (2) Idaka from where the 2nd defendant came and Onuche/Edime from where the plaintiffs came.
9. That each of the three clans was entitled to appoint its own Madaki by communal consensus.

The 4th to 6th defendants in their joint statement of defence pleaded the following:-

1. That they knew of a village called Ajiyolo Ofelemu but did not know or hear of Ajiyolo Abokoche.
2. That the defendants knew the 1st plaintiff as the Madaki of a village under Aboche Gago Area only.
3. That Madakiship was a new innovation by Government to facilitate tax collection in Gago Area and not a traditional title.
4. That Madakis were appointed by communal consensus by the wards or clans where one was required.
5. That the 4th – 6th defendants recognised the 1st plaintiff as a Madaki but that that did not give him a monopoly of the title.
6. That Madakis were not appointed to perform cultural ceremonies but to assist in tax assessment and collection.

It was on the above state of pleadings that the suit was tried. On that state of pleadings issues were clearly joined as to who was the founder of the village. There was also an issue joined as to how many clans there were in Ajiyolo and as to whether appointment to Madakiship was hereditary and confined to the plaintiffs’ Aboko and Oche family alone or whether it was merely a consensual matter as decided by each clan or community.

It is apparent that the foundation of the claim of the plaintiffs was their assertion that their grandparents founded Ajiyolo and that there existed an Igala custom that as such founder, the male descendants of Aboko and Oche were entitled to produce the Madaki alternately in perpetuity.