Mr. Azeez Agboola V. Mallam Saka Kadri Agbodemu & Ors (2008)

LawGlobal-Hub Lead Judgment Report

JUMMAI HANNATU SANKEY, J.C.A.

This is an appeal against the Ruling of the High Court of Justice of Kwara State sitting at Omu-Aran, Coram: Bamigbola, J. delivered on 8th May, 2007 in which the Court dismissed the preliminary objection filed by the 1st Defendant/Appellant herein against the jurisdiction of the trial High Court to hear and determine the Claimants’ (1st to 3rd Respondents herein) suit. The Claimants, who sued in a representative capacity claimed, among other things, a declaration that the appointment of the 1st Defendant/Appellant as Oba of Agbeku was a violation of the tradition and custom of Agbeku which recognized rotation among the Ruling houses in Agbeku, and a nullification of such appointment, with a permanent injunction restraining the 2nd defendant from recognizing the said 1st Defendant/Appellant as Oba of Agbeku. The learned trial Judge held thus at page 172 of the record of the Court:

“The argument on the objection is therefore without ground and makes the objection to become a mere technicality and without any significance.

In the result I find the claimants herein have complied with the condition precedent for bringing an action under the provision of Section 15 (1) of the Chiefs Law of Kwara State.

In the final result, the objection fails on all the grounds. It is overruled and struck out. ”

Being dissatisfied with this Ruling, the Appellant filed an Appeal against this decision on seven Grounds of Appeal as contained at pages 173-181 of the record of appeal.

The brief facts of the case are that, by a Writ of Summons dated 2nd March, 2006, the 1st to 3rd Respondents, (as Claimants) claimed against the Appellant and the 4th 5th and 6th Respondents herein as follows:-

A declaration that the purported selection and recognition of the 1st defendant by 2nd defendant as the Oba Agbeku in Ifelodun Local Government Area of Kwara State is irregular and a violation of the customs, tradition and history of Agbeku and is therefore null and void and of no effect whatsoever.

(b) A declaration that historically and by tradition in Agbeku the post of Oba of Agbeku is rotational among four (4) ruling houses and it was not yet the turn of Alapo-Idera ruling house to present a candidate.

(c) A declaration that it is the turn of Agbodemu- Alaka Ruling house to nominate it’s candidate to the Chieftaincy post of Oba of Agbeku and that Prince Issa Kolawole Ibrahim Olanipekun is not only qualified but has been properly nominated and presented.

(d) A nullification of the purported selection and recognition of the 1st Defendant by the 2nd defendant on the ground that apart from the fact that he is never a prince, he not from Agbodemu-Alaka ruling house the house whose turn it was to product the next Oba of Agbeku.

(e) A permanent injunction restraining 2nd defendant from recognizing1stDefendant as the Oba of Agbeku.

(f) A permanent injunction restraining 1st defendant from further parading himself or authorizing, encouraging or allowing any publication causing himself to be addressed as Oba of Agbeku in Ifelodun Local Government Area of Kwara State.

(g) An order directing the 2nd defendant to recognize Prince Issa Kolawole Ibrahim Olanipekun as the new Oba of Agbeku, Ifelodun Local Government of Kwara State.