Chief Gabriel Folorunso Ojo & Anor V. Chief Samuel Dada Akinyemi (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment)

The Respondent herein as Plaintiff at the Ekiti State High Court, claimed at Paragraph 50 of his statement of claim dated 20th July, 2010 and filed on the 21st July, 2010, the following reliefs:

(i) A Declaration that by the Native Law and Custom of Esun-Ekiti of Ekiti State and in compliance with the Government views on the Oluwole Chieftaincy Review Commission, 1982, the plaintiff is the Second-in-Rank to the Elesun and the Head (Olori) of Agba Esun of Esun-Ekiti in Ikole Local Government Area of Ekiti State.

(ii) An Order of Perpetual Injunction restraining the 1st Defendant from parading himself forthwith as the Head (Olori) of Agba-Esun and performing or cause to be performed by him all or any of the functions/role of the Head (Oloro of Agba-Esun both at Ujo-Owuro and Ujo-Agba Esun.

(iii) An Order of perpetual injunction restraining the 2nd Defendant, Elesun-in-Council, his Council of Chiefs, Agents, Servant and Privies or whomsoever from further recognizing, referring, addressing or calling the said 1st Defendant the Head (Olori) of Agba Esun in Esun-Ekiti in Ikole Local Government Area of Ekiti State.

(iv) An Order setting aside as being illegal, unconstitutional, improper, null and void and of no effect whatsoever the purported appointment of the 1st Defendant by the 2nd Defendant as the Head (Olori) of Agba Esun of Esun-Ekiti on 15th April, 2010.

The Appellant filed a 28 Paragraphs Statement of Defence on the 19th August 2010. Issues having been joined, the case was set down for trial. During the trial, the Respondent called three witnesses and tendered a document titled ‘Government View on the Report of the Oluwole Chieftaincy Review Commission’. The document was admitted as Exhibit ‘A’. The Appellants herein on their part called two witnesses and tendered two letters which were admitted as Exhibits ‘B’ and ‘C’ respectively. Learned Counsel for respective parties filed written addresses which were adopted on the 2nd of February, 2011.

In a reserved and considered judgment, which was delivered on the 27th March, 2012, Ogunyemi, J. found for the Respondent herein and granted all the reliefs he sought. It is against that judgment that the Appellants have appealed to this Court. Their notice of appeal dated 7th March, 2013 and filed on the 8th of March, 2013, contains six (6) grounds of appeal which I reproduce hereunder without their particulars as follows:-

“(1) The trial court erred in law holding that Section 13 of the Chiefs Edict 1984 as amended is not applicable to this case and this led to a miscarriage of justice.

(2) The trial court erred in law in holding that “in my opinion, the report of the committee is in favour of the Plaintiff that was why it was not given to them. And that is why it was not tendered.” This led to a miscarriage of justice.

(3) The trial court erred in law in failing to consider the totality of the historical evidence of Esun-Ekiti adduced by the defendant’s witnesses before coming to its decision and this led to a miscarriage of justice.

(4) The trial court erred in law in believing and making use of the evidence of PW3 as a Prince in coming to a wrong decision without considering the historical evidence of DWI who is also a Prince and this led to a miscarriage of justice.

(5) The trial court lack (sic lacks) the jurisdiction to entertain the plaintiff’s case as same was brought on behalf of unknown persons.

(6) The decision of the trial court is against the weight of evidence.”