Adebayo Sosanya V. Engineer Adebayo Onadeko & Ors (2000)

LawGlobal-Hub Lead Judgment Report

ONALAJA, J.C.A.

The plaintiff at page 88 of the record of appeal in paragraph 23 of his amended statement of claim being its concluding paragraph sought against the 1st, 2nd, 3rd, 4th, 5th and 6th defendants the undermentioned reliefs:-

23 RELIEFS SOUGHT

(a) A declaration that the 1st defendant Engr. Adebayo Idowu Onadeko’s – purported nomination and selection as the Odemo of Isara, Isara, Remo, Ogun State of Nigeria is unconstitutional, illegal and contrary to the customary law and as such null, void, ultra vires and of no effect whatsoever.

(b) A declaration that the submission of the 1st defendant’s name to the kingmakers is null and void.

(c) A declaration that the non-submission by the Rokodo/Ogunsere ruling house of the plaintiff’s name to kingmakers as one of the candidates vying for appointment to the chieftaincy is ultra vires the ruling house, and illegal.

(d) A declaration that the 1st defendant is not qualified to be a candidate for appointment to the office or to be appointed as an Odemo of Isara, having regard,to the Customary law pertaining to the Odemo of Isara chieftaincy. An order in nature of mandatory injunction directing the Rokodo/Ogunsere to submit the name of the plaintiff to the kingmakers for consideration for appointment to fill the existing vacancy in the said chieftaincy.

(e) A declaration that the plaintiff being a qualified candidate is constitutionally entitled to vie, contest and be appointed as the Odemo of Isara, Remo, Ogun State of Nigeria.

(f) A perpetual injunction restraining the 2nd – 6th defendants, their servants, privies, agents, officials and assigns from parading the 1st defendant or holding out the 1st defendant as the newly appointed Odemo.

(g) An order of perpetual injunction restraining the 2nd – 4th defendants, their agents, servants, privies, officials and assignees (sic) from announcing, appointing and/or ratifying the 1st defendant as the Odemo of Isara, Isara, Remo, Ogun State of Nigeria.

(h) An order of this Honourable Court on the 2nd -5th defendants to take appropriate and fresh steps to comply with the Chiefs Law for the selection and appointment into the vacant position of the Odemo of Isara, Isara, Remo, Ogun State of Nigeria.

All the defendants were served individually with the writ of summons. The 1st, 5th and 6th defendants retained a joint legal practitioner who filed a joint statement of defence on their behalf.

Similarly 2nd, 3rd and 4th defendants went each served with the writ of summons after service they engaged the services jointly a legal practitioner who filed a joint of statement of defence on their behalf.

From the above, it was obvious that the parties filed, delivered and exchanged pleadings which were amended in the course of trial. At conclusion of the cases of the parties were based on amended pleadings which shall simply be referred to as statement of claim, statement of defence of 1st, 5th and 6th defendants. The statement of defence of the 2nd, 3rd and 4th defendants and reply to the statement of defence of 1st, 5th and 6th defendants.