Prince Adeniyi Adekunle V. Pa. Ojo Adelugba & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the leading judgment)

This is an interlocutory appeal against the ruling of Hon Justice M.A. Agbelusi of the High Court of Justice, Ikole-Ekiti, delivered on the 22nd March, 2010 striking out the suit of the Plaintiff/Appellant ground that he lacks the necessary locus standi to maintain the action.

The Appellant as plaintiff at the lower court instituted this action against the Respondents, the Defendants at the lower court, claiming declaratory and injunctive reliefs in respect of the chieftaincy stool of Owa of Odo Ayedun Ekiti, a recognized Chieftaincy. The Appellant claims as per paragraph 33 of his Statement of claim are as follows.

Whereof the plaintiff’s claim against the Defendant jointly and severally as follows:-

1. A declaration that the selection or nomination of the plaintiff to fill the vacant stool of Owa of Odo Ayedun Ekiti is valid and legal.
2. A declaration that the notice of intention to set aside the nomination of the Plaintiff to the vacant stool of Owa of Odo Ayedun Ekiti is illegal.
3. An order directing the 12th Defendant to approve the nomination of the plaintiff as the Owa of Odo Ayedun Ekiti.
4. An Order of perpetual injunction restraining the defendant, their agents, servant, privies or any other person from appointing warrant chiefs or taking any further step to disturb the nomination or selection of the plaintiff as Owa of Odo Ayedun Ekiti.

The Appellant filed a motion on notice accompanied by Affidavit of urgency for an order of Interlocutory injunction restraining the 1st – 7th Respondent from commencing another process of nomination or selecting candidates for the vacant stool of Owa of Odo Ayedun Ekiti pending the determination of the substantives suit; and

An order of interlocutory injunction restraining the 9th to 12th Respondent from taking any further steps to install or present instrument of appointment and staff of office to any office candidate as Owa of Odo Ayedun Ekiti pending the determination of the substantive suit.

While the application was pending, the Respondent filed a Notice of preliminary Objection against the hearing of the Appellants suit on the 15th February, 2010, upon the following grounds

1. The suit is incompetent and bad.
2. The suit does not disclose any reasonable cause of action.
3. The plaintiff lacks the requisite locus standi to maintain this action.

After hearing arguments from respective counsel on the preliminary objection, the learned trial judge held that the Plaintiff lacks the necessary locus standi to maintain the action and struck out the plaintiff’s suit.

It is against the said ruling that the Appellant has appealed to this court upon alone ground of appeal; vide a Notice of Appeal filed on the 26th March, 2010. The lone ground of appeal with its particulars are hereby produced.

The learned trial judge erred in law and on the facts in holding that the Plaintiff/Appellant had no locus standi to institute the action.

PARTICULARS:

I. The plaintiff by paragraph 1, 21, 22, 23, 24, 25, 26, 27 and 28 of the Statement of claim shows that he has locus standi to institute the action,

II. The Plaintiff being a contestant and the person nominated by the kingmakers to occupy the stool of Owa of Odo Ayedun Ekiti can institute the action in his personal capacity.

The parties filed and exchanged briefs of argument. In the Appellant’s brief of argument settled by Ropo Filani, Esq., a lone issue was distilled for the determination of the appeal, to wit.