Aragbiji Of Iragbiji Oba Rasheed Ayotunde Olabomi & Anor V. Olabode Oyewinle & Ors (2013)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C.

The appellants/applicants Motion on Notice filed on the 31st day of August 2012 and brought under sections 22 and 24 of the Supreme Court Act, Cap 15 Laws of the Federation of Nigeria 2004, Order 2 Rule 28(1) of the Supreme Court Rules 1985 and under the inherent jurisdiction of this court is for:-

1. AN ORDER of this Honourable Court staying the execution of the judgment of the court below delivered on the 25th day of June, 2012 pending the hearing and determination of the appellants/applicants appeal before this Honourable court.
2. AN ORDER OF INJUNCTION restraining the respondents from taking steps to actualize the declaratory reliefs awarded by the court below in its judgment of 25th day of June, 2012 pending the hearing and determination of the appellants/applicants appeal in this Honourable court.

In support of the application is a 16 paragraph affidavit deposed to by Taiwo Esther Akintunde, a legal practitioner in chambers of learned counsel for the appellants/ applicants.

Abass Bashir, a litigation clerk in the legal firm of learned counsel for the 1st respondent deposed to a 6 paragraph counter affidavit on behalf of the 1st respondent.

Learned counsel for the 2nd respondent, Mr. W. Adejumobi did not file a counter affidavit. At the hearing of the application on the 20th day of June 2013 learned counsel for the appellants/applicants professor W. Egbewole withdraw Prayer No.2 on the Motion paper. It was accordingly struck out.

The facts are these. On the 7th day of January, 1992 the 2nd defendant/2nd appellant/applicant, Mr. Muraina Oyelami was confirmed by the Boripe Local Government (in Osun State) as the Eesa of Iragbiji. Dissatisfied, the plaintiff/1st respondent, Mr. Olabode Oyewole who was, and is still of the view that he is the rightful person to be confirmed as the Eesa of Iragbiji filed a suit wherein he claimed against the defendants/appellants/applicants jointly and severally:-

1. Declaration that the 2nd defendant not being a member of Eesa family Ruling house of Iragbiji cannot lawfully hold the title of Eesa chieftaincy of Iragbiji.
2. Declaration that by the custom and tradition of Iragbiji the Plaintiff’s family (the Eesa family of Iragbiji) is the only competent family to choose and or nominate family or choose and or nominate members of the said family to fill any vacancy into the Eesa of Iragbiji Chieftaincy.
3. Declaration that the purported appointment and installation of the 2nd defendant as the Eesa of Iragbiji by the 1st defendant is wrongful, irregular, against the custom and tradition relating to the Eesa of Iragbiji chieftaincy and is therefore null and void and of no effect.
4. Declaration that the purported approval by the 3rd defendant of Aromo as a Ruling house for the purpose of Eesa chieftaincy is wrongful, irregular contrary to the custom and tradition relating to the Eesa Chieftaincy of Iragbiji.
5. An order of injunction restraining the 2nd defendant by himself, his servants and or agents from parading himself as the Eesa of Iragbiji.

An Ikirun High Court in Osun State presided over by R.O. Yusuf, J dismissed all the claims in these words:

“……….In all and having regard to the evidence and exhibits and all the declarations sought by the plaintiff were not proved and same are refused. Plaintiff’s claims fail and same is dismissed……….”

This judgment was upset on appeal. This is what the Court of Appeal said in the penultimate paragraph of is judgment delivered on the 25th day of June, 2012:

“………In conclusion the appeal succeeds.

The judgment of the High Court of Osun State Holden at Ikirun in suit No. HIK/5/97 delivered on 9/10/98 is hereby set aside. The plaintiff’s claims as per paragraph 49 of his amended statement of claim are hereby granted as prayed.

It is important at this stage that I highlight what the Court of Appeal decided, and ordered. The Court of Appeal set aside the appointment of the 2nd appellant/applicant to the Chieftaincy stool of Eesa of Iragbiji. By granting prayer 5 the Court of Appeal also restrained the 2nd appellant/applicant from further parading himself as such. This application by the 2nd appellant/applicant seeks an order of this court staying the execution of the judgment of the Court of Appeal.

After reading the briefs and hearing counsel submission on the 20th day of June 2013 the central issue for determination is:-

Whether the appellants/applicants are entitled to an order for stay of execution of the judgment of the Court of Appeal pending the outcome of their appeal to this court.