Prince Kilani Adekeye & Ors. V. Prince Summonu Adesina & Ors (2010)

LAWGLOBAL HUB Lead Judgment Report

S. N. ONNOGHEN, JSC

This is an appeal against the judgment of the Court of Appeal in appeal N0.CA/1/75/99 delivered on the 8th day of January, 2003 in which the court allowed the appeal of the present 1st and 2nd respondents against the judgment of the High Court of Osun State Holden at Ikirun in Suit N0.HIK/15/97 delivered on the 30th day of June, 1998 in favour of the defendants/Present appellants.

In addition to allowing the appeal of the 1st and 2nd respondents, the lower court also dismissed the cross appeal of the present appellants against the said judgment of the trial court.

The respondents in this court instituted the suit as plaintiffs against the appellants claiming the following reliefs:

(i) A declaration that there are two and only two lineages of Elemo Ruling House, Oyan, namely: – Elemo Olarinoye and Elemo Aresinkeye Lineages.

(ii) A declaration that the report of a discreet investigation alleged conducted by the secretary to the fourth defendant which purportedly increased the number of lineages of Elemo Ruling House to five (by splitting Aresinkeye Lineage into four) as unfair inequitable void and unconstitutional being arrived at without giving the Olarinoye Lineages a hearing at all or any notice whatsoever of such investigation.

(iii)A declaration that it is the turn of Olarinoye Lineage Elemo Ruling House Oyan to produce a candidate for the Oloyan of Oyan Chieftaincy.

(iv) A declaration that the attendance of the 5th and 6th defendants (Kingmakers) at the family meeting of Elemo Ruling House held on 22nd day of November, 1996 was an open demonstration of bias and the 5th and 6th defendants are as such disqualified from participating in any meeting of Kingmakers summoned for the consideration of any candidate nominated on the aforesaid date.

(v) A declaration that the selection of the 1st defendant by the 5th defendant at a meeting commandeered and conducted by the secretary to the 3rd defendant on 26th November, 1996 was oppressive, irregular, null and void.

(vi) An injunction restraining the 2nd defendant from relying on the aforesaid report of discreet investigation and or the nomination conducted on 20th November, 1996 in making an appointment to the Oloyan of Oyan Chieftaincy.

(vii) An injunction restraining the 2nd defendant from appointing the 1st defendant who is from (one of the lineages secretly created from Aresinkeye) lineage as the next Oloyan of Oyan.

The facts of the case include the following:-

The Oloyan of Oyan Chieftaincy is a Ruling House Chieftaincy with a registered Chieftaincy Declaration. On the 23rd day of August, 1996, Oba Omotoso Oyegbile, an occupant of that chieftaincy passed on thereby creating a vacancy.

It is agreed that there are four ruling houses in the registered declaration of the chieftaincy, Exhibit G2, entitled to present candidates for the throne in rotation. These are:-