Chief Salawu Ajiboye & Ors V. Chief Aransiola (2005)

LawGlobal-Hub Lead Judgment Report

MUNTAKA-COOMASSJE, J.C.A.

This is an appeal against the decision of the Kwara State High Court, holden at Omu-aran, corum Akoja J, delivered on 20th day of October, 2003. The appellants herein were the plaintiffs in the court below and claimed in their Amended Statement of claim dated 27th day of June, 2002, against the respondent/defendant as follows:

1. “DECLARATION that under the Native law and custom of Arandun there are ten chieftaincies that make up the Council of Kingmakers of Arandun.
2. DECLARATION that any Chieftaincy title that does not belong to any of the ten chieftaincies is not a Kingmaker and cannot purport to take part in the traditional duties of the Kingmakers.
3. DECLARATION that anyone that holds a Chieftaincy outside of the three group(s) of recognized traditional Chieftaincies at Arandun cannot take part in the Kianse weekly gathering of the traditional chiefs of Arandun.
4. DECLARATION that the Chieftaincy title of ELEMONA is a honourary chieftaincy title and its holder cannot take part nor host the IKANSE meeting of the traditional chiefs of Arandun and is not a Kingmaker of Arandun.
5. DECLARATION that the Defendant not being a recognized traditional title holder in Arandun cannot lawfully take part or host the IKANSE meeting of the traditional title holders of Arandun.
6. ORDER directing the defendant to stop forthwith any participation in the IKANSE meetings or any other traditional meetings of the traditional chiefs of Arandun or host any such meetings.
7. INJUNCTION perpetually restraining the defendant from hosting, taking part or in any other manner participate in any traditional meetings of the Arandun traditional Chiefs in particular the IKANSE meetings.
8. AND other reliefs the plaintiffs may be entitled to in the circumstances”.

The defendant flatly denied the claims of the plaintiffs in their Statement of defence dated on the 6th day of June, 2000, but filed on 29/6/2000 and prays that the plaintiffs’ case be dismissed in its entirety as an abuse of court process. He also counter claims. See pages 9 – 12 of the Record of Proceedings.

Pleadings were ordered filed and exchanged. The defendant specifically counter claimed against the plaintiffs as follows:

“16. Whereof the defendant prays that he be declared properly appointed and installed the ELEMONA of Arandun as a member of Orimarun and Arandun traditional council of chiefs”.

The facts of this case as revealed in the pleadings and the evidence of the parties’ witnesses are simply that the defendant was in 1989 appointed as the ODOFIN of Arandun by the late Oba Arandun, Oba Amos Babatunde. This appointment was challenged in Suit No.KWS/OM/2/90 on the ground that he was not entitled to be appointed as ODOFIN of Arandun. The said appointment was set aside and on further appeals to the Court of Appeal and the Supreme Court, the judgment of the trial court was affirmed.

However in order to assuage and compensate the defendant of the loss of the Odofin title, the existing members of the Kingmakers met and decided to honour him with ELEMONA title. Before the conferment of this title on the defendant, the said title/chieftaincy was not in existence in Arandun’s history. Traditionally, the Council of Kingmakers in Arandun is made up of the following chiefs in order of ascending seniority. Odofin, Eesa, Ejemu Apa, Aro, Asanlu, Edemo, Ejemu, Elemo, Elemo Apa and Oolo.

Hence, if the appointment of the defendant as ODOFIN has been confirmed, he would automatically be one of these ten traditional chiefs, according to the evidence, that hold and attend IKANSE meetings- The dispute in this matter arose when the defendant decided to be attending and hosting IKANSE meetings- The plaintiffs then stopped attending any IKANSE meetings, where the defendant is present or whenever he decided to host such meeting as he was said not to be a traditional chief but an honourary chief and this amounts to a violation of the Native law and Custom of Arandun.

The defendant in his defence contended that the title of ELEMONA was not an honourary title, but a traditional title. The Council of Kingmakers who conferred the title on him has the power to create additional title and enlarge the traditional council of Kingmakers and in this wise he would become the eleventh (11th) member. Hence, his attending and hosting of IKANSE meetings do not amount to the violation of the Native Law and Custom of Arandun.

After listening to the addresses filed by the learned Counsel to the parties and after weighing the pleadings, evidence and other relevant documents, in his considered judgment the learned trial Judge dismissed the plaintiffs case and upheld the counter-claim of the defendant. He concludes on p.197 of the Record thus:-

“Finally therefore, I hold that the case of the plaintiffs failed in its entirety and it is accordingly dismissed.

Accordingly therefore, the defendant is declared as being properly appointed and installed the Elemona of Arandun and as a member of Orimarun (As indicated in EXHIBIT 5) and Arandun Traditional Council Chiefs”.

TIle plaintiffs not being happy with the above decision appealed to this court. In the amended Notice of Appeal dated 2/11/04 seven (7) grounds of appeal were filed. In accordance with the rules of this court, Order 6RR 2 & 4 of the Court of Appeal Rules parties filed and exchanged their respective Briefs of argument. The appellants in their Brief of argument dated 17/9/04 submitted three (3) issues for our consideration of the appeal as follows:-

“1. Whether on the face of pleadings filed and exchanged by the parties and the evidence adduced the trial Court was right in granting the declaratory relief sought by the Respondent in his counter-claim.