Mallam Mohammed Shaaba Adeogun & Ors V. Oladosu Ekunrin & Ors (2003)

LawGlobal-Hub Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.C.A.

This is an appeal against the judgment of Hon. Justice M.A. Akoja of the Kwara State High Court of Justice in suit No. KWS/OM/2/98 delivered on 18th day of January, 2002.

By a statement of claim to be found at pages 38 to 40 of the record, the appellants as plaintiffs claimed against the defendants who include the present respondents as follows:

“12. Wherefore the plaintiffs pray for judgment as follows:

(i) a declaration that the 8th defendant is the sole king-maker for Oke-Ode;

(ii) a declaration that the 1st – 6th defendants are not king-makers for the stool/throne of Elesa (Oba) of Oke-Ode;

(iii) a declaration that it is the turn of the plaintiff’s ruling house to produce a new Elesa (Oba) of Oke-Ode; and

(iv) a perpetual injunction prohibiting the 1st – 6th defendants or the 8th defendant from presenting the 7th defendant to the 9th and 10th defendants as the new Elesa (Oba) Oke-Ode and prohibiting the 9th and 10th defendants from acting on such nomination.”

The facts of the case include the following:

Sometime in 1985 the 5th respondent was nominated by his ruling family by name Layoofe ruling family of Oke-Ode being one of the four ruling families in the town to the kingmakers known as Iwerejes for consideration as Elesa (Oba) of Oke-Ode following the demise of Late Oba Bello Owolabi. The other three ruling families for the Elesa stool or throne are Maku, Agbera and Adeogun. The appellants in this appeal are from the Adeogun ruling family.

Following the said nomination a family which styled itself as Ote Olowu ruling house or family put forward one Yusuf Amuda also for consideration by the said kingmakers. It is common ground that the Chieftaincy titles that make up the kingmakers are Esa, Balogun, Bale, Asanlu, Elemosho, Alade and Odofin. In 1985, when the nominations were made only three of the offices of kingmakers had occupants while the other four were vacant. In the course of the consideration by the kingmakers between the 5th respondent and Yusuf Amuda, two of the three surviving kingmakers supported the 5th respondent while one – Elemosho – supported Yusuf Amuda.

Instead of appointing the 5th respondent, the kingmakers rather referred the appointment to the Irepodun/Ifelodun/Ekiti Traditional Council which then appointed the 5th respondent as Elesa of Oke Ode

and recommended him to the Ifelodun Local Government for approval and subsequently to the Governor of Kwara State for installation and presentation of staff of office. Yusuf Amuda being dissatisfied with the said appointment instituted a suit in the High Court of Kwara State claiming inter alia as per paragraph 7 of his amended statement of claim as follows:

“7. Wherefore the plaintiff’s claim against the defendants both jointly and/or severally is for: