Yusuf Babatunde Anisu V. Prince James Adeleke Osayomi & Ors (2000)

LawGlobal-Hub Lead Judgment Report

PATRICK IBE AMAIZU, J.C.A.

This is an appeal against the ruling of Ajayi, J., of the then Ondo High Court, sitting at Ijero-Ekiti Judicial Division. The ruling was delivered on the 13th day of December, 1994.

Briefly, the facts that gave rise to the appeal are as follows:-

The throne of Olosan of Osan-Ekiti was vacant. It appears there were two principal contestants to the throne, namely: Prince Adeleke Osayomi and Yusuf Babatunde Anisu. The then Ondo State Government in its wisdom recognised the selection of Yusuf Babatunde Anisu as the Olosan of Osan-Ekiti. The State Government went on to fix the 30th day of April 1994, as the day it would hand over the staff of office to Yusuf Babatunde Anisu.

The supporters of Prince Adeleke Osayomi were not happy with the recognition. They initiated proceedings in the High Court against the government and Yusuf Babatunde Anisu.

By a writ of summons dated 6th day of July, 1993, and filed on 8th day of July, 1993, they claimed seven reliefs against the Executive Governor of Ondo State, Yusuf Babatunde Anisu and others connected with the recognition. The reliefs they claimed include the following –

“6. An injunction restraining the 4th defendant from presenting himself to anyone for installation as the Olosan of Osan-Ekiti or performing the duties and or functions of the Olosan or wearing the regalia of the said Olosan of Osan Chieftaincy.

7. An injunction restraining the 1st – 3rd defendants, their agents, servants or their privies from giving any further recognition for the appointment of the 4th defendant as the Olosan of Osan-Ekiti”.

Prince James Adeleke Osayomi was the 1st Plaintiff in the suit, while the Executive Governor of Ekiti State and two of his functionaries were 1st, 2nd and 3rd Defendants respectively. Yusuf Babatunde Anisu was the 4th Defendant.

Before the suit was heard, the Plaintiffs brought an ex parte motion praying the court for an order restraining the Executive Governor of Ekiti State from presenting Yusuf Babatunde Anisu with the staff of office the date for which ceremony, as mentioned earlier was fixed for 30th April, 1994. The court granted the application on the 26th day of April, 1994. Thereafter, the Executive Governor, his functionaries and Yusuf Babatunde Anisu were served with the enrolled order. In defiance of the order, the Executive Governor through his functionaries handed over the staff of office to Yusuf Babatunde Anisu that day.

The Plaintiffs were enraged by the flagrant disobedience of the court order by the Executive Governor, his functionaries and Yusuf Babatunde Anisu. They brought a Motion on Notice for committal of the erring parties for contempt. This was in May, 1994. Before the motion was heard, the Attorney-General/Commissioner for Justice of Ekiti State intervened and the motion was abandoned. Unfortunately, Yusuf Babatunde Anisu continued to flout the order of the court. In order to put an end to the disobedience, the Plaintiffs brought a Motion on Notice dated 28th day of November, 1994.

It prayed the court for an order of interlocutory injunction restraining

“(1) The 4th Defendant/Respondent from parading/holding himself out as or performing the functions of Olosan of Osan-Ekiti.

(2) The 1st – 3rd Defendants/Respondents from recognising/dealing with the 4th Defendant/Respondent as Olosan of Osan-Ekiti pending the final determination of the substantive suit by this Honourable Court”.

The learned trial judge after hearing arguments on the motion, granted the application in the following terms –