Mr Idowu Ayeni & Ors. V. Elder Sunday Isaac Obasa & Anor. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIMA CENTUS NWEZE, J.C.A. (Delivering the leading Judgment): The respondents in this appeal [as plaintiffs] took out a writ of summons in which they claimed the following reliefs against the appellants herein [defendants as they then were]:

(a) A declaration that by the native Law and custom of Iniyein, Ire Ekiti, the Oniyein chieftaincy title is the exclusive preserve of Igemo and Ilisin Ruling Houses.

(b) A declaration that by the native Law and custom of Iniyein of Ire Ekiti, it is the turn of Ilisin Ruling house to present a candidate for the vacant stool of Oniyein of Iniyein, Ire Ekiti.

(c) A declaration that the nomination of the 1st defendant by the 2nd defendant as the Oniyein of Iniyein, Ire Ekiti awaiting the approval of the 3rd defendant who is the consenting authority over Oniyein of Iniyein, Ire Ekiti is null and void and of no effect whatsoever.

(d) A declaration the approval (sic) of Chieftaincy Declaration relating to Oniyein of Iniyein, Ire Ekiti made in 1957 and approved on 26th December, 1960 and published on page 59 of the Western State Chieftaincy Declaration, Ekiti North Division is null and void and of no effect whatsoever.

(e) A perpetual injunction against the 1st defendant from parading himself as the Oniyein of Iniyein, Ire Ekiti.

Pleadings were duly settled and exchanged. At the conclusion of the trial, the High Court [hereinafter referred to as the lower court] favoured the plaintiffs with all the reliefs they claimed. Dissatisfied with the judgment, the defendants [now appellants] appealed to this court entreating it to determine the following issues:

(1) Whether it was proper for the learned trial judge to have willfully closed his eyes to the vital issue of jurisdiction raised by the appellant’s counsel in the course of his address.

(2) Whether the respondents complied with the procedural steps stipulated in the Chiefs Edict 1984 now amended by the 1991 Edict of Ondo State as applicable to Ekiti State before instituting action at the trial court.

(3) If issue two is answered in the affirmative, whether the learned trial judge can suo motu declare that the Chieftaincy Declaration of 1960 Western Region on Oniyein of Ire chieftaincy is of no relevance to Ekiti State when the respondent did not seek for same.

The respondents, also, formulated issues for the determination of this appeal. They were couched thus:

(1) Whether the trial court has jurisdiction to entertain the suit as there was nothing on the pleadings filed to show that the action is incompetent.

(2) Whether the appellants can now on appeal, raise the issue of a procedural pre-condition as set out by Chiefs Edict 1984 as amended when it was never pleaded in their pleadings before the Lower Court.

(3) Whether the Chieftaincy declaration of 1960 still apply to Ekiti state Chieftaincies in view of the review of all the Chieftaincies under that declaration that has been carried out and published in the Government white papers of Morgan Chieftaincy Review commission 1982 and Oluwole Chieftaincy Review commission 1982.