Chief Joseph Taiwo & Ors. V. Mr. Nicholas Ogundele & Ors. (2012)

LAWGLOBAL HUB Lead Judgment Report

S. MUNTAKA-COOMASSIE, J.S.C.

This is a chieftaincy tussle. The Appellants herein were plaintiffs in the High court of Justice Ikirun in Osun State.

The plaintiffs prayed for the following reliefs in their amended statement of claim paragraph 33 thereof:-

1. Whereof the plaintiffs claim against the defendants jointly and severally as follows:-

i) A Declaration that the Odofin family of the Oke-Iroko’s compound Ijabe, is the only family entitled to the Odofin of Ijabe Chieftaincy title.

ii) A Declaration that members of the 1st – 4th defendants family i.e Ajala family of Ajala’s compound, Ijabe are not members of Odofin of Ile-Oke Iroko family and are therefore not entitled to the Odofin of Ijabe Chieftaincy title.

iii) An Order that the 1st – 4th defendants’ family should remove the sign post bearing the inscriptions of “Odofin Obafemi Compound” erected in their Ajala family compound in Ijabe from their compound.

iv) An Order that all members of the 1st – 4th defendants Ajala family should erase the words “Odofin Obafemi Compound” inscribed on the walls of their houses.

v) Injunction restraining the 1st – 4th defendants’ Ajala family from claiming or parading themselves as entitled to Odofin chieftaincy family”.

The appellants in order to prove their claims called five witnesses who testified that their progenitor by name Oke-Iroko was a warrior who settled at Ijabe town from Agbonde in present day Kwara state. The Onijabe gave him the title of Odofin of Ijabe and that he was so installed at Ikirun before they returned to Ijabe after the war.

Oke was said to be the first Odofin and he was succeeded by the following descendants of his in unbroken succession to the stool of Odofin of Ijabe namely;

(i) Olatoyan

(ii) Omilowo

(iii) Omiwole

(iv) Fajenyo and