Chief Emmanuel Obasan & Anor. V. Mojidu Abudu & Ors. (2006)

LawGlobal-Hub Lead Judgment Report

AUGIE, J.C.A,

Paripete is one of the Ruling Houses in the Ebumawe Chieftaincy of Ago-Iwoye, Ogun State. By the “Declaration made under Section 4 (2) of the Chiefs Law, 1957, of the Customary Law regulating the Selection of the Ebumawe of Ago-Iwoye Chieftaincy”, the method of .nomination to the chieftaincy by each ruling house is as follows –

“The ruling house whose turn it is to provide a candidate shall nominate at a family meeting to be summoned by the family head a candidate for the chieftaincy to be presented by the family head to the kingmakers”. (See paragraph 5 of the Declaration – Exhibit A).

Consequent upon the demise of Oba D.M. Osiyemi, the late Ebumawe of Ago-Iwoye from Okole-Omurajo Ruling House, the Ijebu North Local Government issued a Public Notice dated 27th September 1989 (Exhibit B) calling on the Paripete Ruling House whose turn it was to present candidate(s) to fill the vacant stool of Ebumawe of Ago-Iwoye, to do so.

At a family meeting held on the 4th of October 1989, which was attended by officials of the Ijebu North Local Government including the Secretary, the following persons were nominated to fill the vacant post of Ebumawe –

(1) Prince Claudius Adetayo Adesanya

(2) Prince Samuel Ademuyiwa Banjoko

(3) Prince Solomon Osinmi Adesegun

(4) Prince Johnson Abiodun Afuwape Onanuga (See Certificate of Selection of Ebumawe of Ago-Iwoye dated 4th October 1989 – Exhibit D)

On the 9th of October 1989, the Kingmakers of Ago-Iwoye selected Prince Claudius Adetayo Adesanya as the Ebumawe Elect and presented his name to the then Military Governor of Ogun State for approval by him and the Executive Council of Ogun State. When the Plaintiffs heard that the Governor had approved the appointment of Prince C. A. Adesanya, and were taking steps to install him as the Ebumawe of Ago-Iwoye, they instituted an action against the then Head of the Paripete Ruling House of Ago-Iwoye, Ashiru Ogunbajo (Deceased) as 1st Defendant; the said C. A. Adesanya (Deceased) as the 2nd Defendant and the 3rd – 5th Respondents herein, contending as follows in paragraph 18 of their original Statement of Claim, that –

(a) The purported nomination of four (4) persons by the Paripete Ruling House to fill the vacant position of the Ebumawe of Ago-Iwoye is null and void.

(b) The Kingmakers of Ago-Iwoye have no authority whatsoever to have selected one out of the four candidates presented.

(c) The purported selection by the Kingmakers and the approval given to the whole exercise by the 5th Defendant is null, void, and of no effect.

(d) The purported selection of the 2nd Defendant as the Ebumawe of Ago-Iwoye is null, void and of no effect.