Bamidele Oladipo S. Apadi & Ors V. Oba Samuel O. Banuso & Ors (2007)

LawGlobal-Hub Lead Judgment Report

M.D. MUHAMMAD, J.C.A.

The Appellants herein as Plaintiffs at the Ilara Judicial Division of the Ogun State High Court, hereinafter referred to as the court below, commenced Suit No/HCL/19/88 against the Respondents, the Defendants thereat claiming the following:-

(1) Declaration that by the age long custom and tradition of Igere Village, it is the Ipodo Ogubi Family of Igbese that appoints the Ba’ale of Igere Village from Gbogi-Idada Family of that village.

(2) Declaration that the 1st plaintiff has been appointed as Ba’ale of Igere Village by those entitled by Customary Law of the Community to appoint him and in accordance with the Chiefs Law of Ogun State; an order directing the 1st defendant to give statutory approval to the appointment of the 1st plaintiff as Ba’ale of Igere Village.

(3) Declaration that the 2nd defendant is not entitled to be nominated or approved by the 1st defendant or any vital person(s) as Ba’ale of Igere Village.

(4) Perpetual injunction restraining the 1st defendant, his agents, servants or privies from approving or installing the 2nd defendant or any other person (save members of the plaintiffs’ family) as Ba’ale of Igere.

Pleadings were filed and eventually settled. The case went to full trial. In proof of their case, the plaintiffs called five witnesses.

Five witnesses equally gave evidence in support of the case for the defendants.

From their pleadings as well as the evidence adduced, appellants’ case is that the Ba’ale of Igere is a minor Chieftaincy title filled exclusively, given an Igere age old custom by members of the Gbogi-Idada Family of Igere. A candidate nominated by the said family members from amongst themselves is recommended to the head of the Ipodo Ogunbi Family who in turn presents the appointee to the Oba of Igbessa, the prescribed authority, for the latter’s approval as required under the Chiefs Law, Cap. 20, of the Laws of Ogun State. The Ba’ale is then installed as Ba’ale of Igere. Wheto Ajiadi and Oketola were members of the Gbogi-Idada family previously appointed and installed as Ba’ales in line with customary requirements.

It is appellants’ further case that 1st plaintiff had been appointed as Ba’ale in accordance with the age old custom but that 1st defendant had refused to give his approval as required by custom when same had been sought by the plaintiffs.

Instead, 1st defendant had given his approval for the installation of the 2nd defendant as the Ba’ale. 2nd defendant’s installation not being a member of the Gbogi-Idada family, was unlawful.

Defendants’ case, on the other hand, is that the minor Chieftaincy title of the Ba’ale of Igere is filled by election of any member of the community who enjoyed the support of the majority of the other members of the Community. The election of the member is then ratified by the majority of the members of the Ipodo family.

The chieftaincy title was filled in rotation by candidates from Igere-Oke and Igere-Igale families. The former is the plaintiffs’ family. The latter is 2nd defendant’s family. Also, 2nd defendant’s election as Ba’ale having been ratified had further been approved by the 1st defendant.

In its considered judgment at the end of trial, the lower court inter-alia at page 162, lines 29-32 and page 163, lines 1-15 made some crucial findings thus: