Apostle Adeolu Aina V. MR. Gbenga G. Sonaiya Sonuga & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NONYEREM OKORONKWO, J.C.A.(Delivering the Leading Judgment)

By a “2nd further amended statement of claim”, the appellant herein, as claimant in the High Court of Justice of Ogun State at Sagamu, claimed against respondent as follows;

1. Declaration that;

a. According to Yoruba native law and custom and according to the Chiefs Law of Ogun state, Cap 20, the appointment and occupation of the Royal stool of Simawa by the 1st defendant is null, void and of no effect.

2. A perpetual injunction restraining the 1st defendant from parading himself as Oba of Simawa.
3. A perpetual injunction restraining the 2nd and 3rd defendants their agents or privies from recognizing the 1st defendant as the Oba of Simawa.

By his pleadings, the appellant who sued as head of Gunsenemo Royal Family avers that by tradition it was originally appellants’ family that always occupied the Baaleship of Simawa until the inclusion of the Royal Families of Ajenukan and Nuren.

Appellant pleads that the 1st defendant is not of any Royal lineage in Simawa and that the installation of 1st defendant/respondent was contrary to Yoruba native law and custom and contrary to the Chiefs Law Cap 20 of Ogun State.

Appellant aver that the first Baale of Simawa was Oba Kehinde Onadein who was from the appellants’ family and who was recognized and paid a stipend by the Government until his demise. It was then that a fourth ruling house, the Agaga family was included in the list of Ruling houses.

After the turn of the Agaga ruling house with the death of Saula Agaga, appellant contends that it became the turn of his family to “present one of their own for occupation of the throne”. But that contrary to native law and custom of Simawa, the then Oba of Makun, Oba E.O. Ogunsowo “imposed the 1st defendant (1st respondent) in place of the plaintiff (appellant) under the title of Oba Gbenga Gbadebo Shonuga, Ogbodo 1 as Fadesewa of Simawa. “Simawa village is within the area traditionally associated with Makun Sagamu.”

Appellant contends in his pleadings that 1st respondent’s family was never associated with the ruling house of Ogunekun-Ogbodo and in previous suits between the family of the appellant and 1st respondent including in suit No.SC/16/74, 1st respondent’s family never traced their ancestry to appellants Ogunekun/Ogbodo.

Appellant further pleads that in May 2004, there was a publication to the effect that the 1st respondent was appointed and installed as the new Baale/Oba of Simawa and from 10th November, 2007 1st respondent was fraudulently recognized as Oba of Simawa contrary to native law and custom of Simawa.

Appellants then pleaded a list of persons who from ancient times have occupied the Baaleship of Simawa.

For the 1st respondent,the material averments of the appellant were denied but specifically 1st respondent plead that Simawa village is in Shagamu Local Government Area of Ogun state and that the Ewusi of Makin is the appropriate authority who consents to the appointment of any one selected by the appropriate ruling house for the post of Oba of Simawa. Simawa, the 1st respondent pleaded had Olori Ewu or village head or Baale in the past but that the title Oba was of recent origin.

1st respondent pleads that his ancestor Ogbodo who was a great warrior and farmer was one of the first settlers of Simawa. 1st respondent then traced his lineage to Ogbodo through a line of succession. 1st respondent pleads that his ancestor Ogbodo was a cousin of Ogunekun who was the claimants ancestor.

1st respondents pleads that his family the Ogbodo-Sonuga family is one of the many ruling houses in Simawa but that in Simawa, there is no declaration regulating succession. In Simawa succession to the “Olori-Ewu” or Baaleship was rotatory among the families of the settlers which were the Asenukans, the Ogbodo/Ogunekuns, the Agagas, the Otasanyas, the Awolajas and the Nurens.

1st respondent deny that it is the prerogative of the appellants family to produce a candidate for the Bale of Simawa but that on the contrary the position is rotated among the ruling houses and that the immediate past Baale or Oba of Simawa Samuel Saula Okeowo Agaga was from the Agaga family. 1st respondent pleaded eleven Baales or Obas of Simawa who came from the various ruling houses of Simawa. After the demise of Baale Kehinde Onadein, the then Ewusi of Makun installed Saula Okeowo Agaga and at the death of Saula Okeowo Agaga, the family of the 1st respondent the Ogbodo-Sonuga family was invited to present a candidate by the Ewusi of Makun and 1st respondent who selected and installed Baale of Simawa by the Ewusi of Makun Sagamu on 11th day of April, 2004, 1st respondent pleads that the Ewusi of Makun recommended him for Obaship through the Remo Traditional Council to the Governor who gave approval for 1st respondent’s ascendancy to Obaship. 1st respondent contends that his appointment as Baale and later as Oba of Simawa followed due procedure for the appointment and installation of Baale and Oba.