Loja Jethro Adejola & Anor V. Sunday Bolarinwa & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE E. IYIZOBA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Folade J sitting in the High Court of Justice Ilesa, Osun State delivered on the 30th day of July, 1997. The plaintiffs in their further amended statement of claim, claimed as follows:

i. Declaration that in lieu of any registered Chieftaincy declaration, the first defendant ought to have received cogent evidence from the Arapate Chieftaincy Committee (of the six families) before installing the second Defendant as the Arapate of Ikobi, Osu

ii. Declaration that nomination of the Second Defendant by the Otemuyiwa family and his subsequent installation as the Arapate is against the custom and tradition of the Ikobi community Osu, and therefore, irregular, null and void.

iii. Declaration that the Nomination/Appointment of Emmanuel Oluseyi Obajuwon Ogunbusuyi from the Ogunlusi chieftaincy Ruling House is valid and is still subsisting

iv. Declaration that the six (6) Arapate chieftaincy Ruling Houses of Ikobi Quarters, Osu are:

(a) Otemuyiwa (b) Ogunlusi (c) Jidahun/Famurewa (d) Lofintekun

(e) Lobele; and (f) Saseyi families in that order.

v. An order of perpetual injunction restraining the Second Defendant from continuing to parade himself as the Arapate of Ikobi Quarters, Osu and from performing any function(s) relating to or in connection with the said Arapate Chieftaincy Title

vi. An order of perpetual injunction on the first Defendant, his servants, agents and privies from dealing or continue to deal or treat the second Defendant as the Arapate of Ikobi Quarters, Osu

The facts which led to the institution of this case are as follows: The 1st defendant/Appellant is the Loja or head Chief of Osu Community and the prescribed Authority in respect of the Arapate Chieftaincy of Ikobi Quarters, Osu town. There are fourteen quarters which constitute Osu town and each quarter is a combination of distinct families. Each quarter has its own Chief who is nominated by the relevant family. The Arapate Chieftaincy is peculiar to Ikobi quarters and there had been two such Arapates in Ikobi, both from Otemuyiwa family. When the second Arapate from Otemuyiwa family was installed, it caused serious protest which nearly rose to a crisis. The elders and the then Loja (head Chief) convened a Peace Committee which settled the crisis under certain agreement as regards future appointments when the next vacancy arose. The Ogunlusi family pursuant to the agreement presented the father of the 6th Respondent for appointment as the Arapate but he died before installation, hence the choice of the 6th Respondent.

Instead of installing the 6th Respondent, the 1st Appellant installed the 2nd Appellant as the Arapate without notice to the larger Ikobi Community. This resulted in protest which eventually led to the institution of this suit.

Pleadings were filed and exchanged. At the trial the 1st and 6th Plaintiffs now Respondents testified and called four other witnesses. The two Defendants/Appellants also testified and called one other witness. At the conclusion of the hearing, the learned trial Judge granted all the Plaintiffs/Respondents claims except relief I which was adjudged incompetent and was dismissed. Dissatisfied with the Judgment, the Defendants/Appellants have now appealed to this court.

The Appellants in their notice of Appeal filed two grounds of appeal and with the leave of the court, later filed an additional ground of appeal.