Abidakun Sunday Gabriel & Ors V. Oladele Ezekiel Babalola & Ors (2016)

LawGlobal-Hub Lead Judgment Report

AHMAD OLAREWAJU BELGORE, J.C.A. 

This is an appeal against the decision of the Ekiti State High Court of Justice, sitting at Ido-Ekiti, contained in the judgment of Honourable Justice C. I. Akintayo delivered on the 20th day of January, 2014 in suit No. HIJ/3/2010.

The Appellants; were the 3rd – 6th Defendants/Counter-Claimants at the trial Court, whereas the 1st Respondent was the Plaintiff, who had taken out a writ of summons against the Appellants and the 2nd to 8th Respondents as the Defendants at the trial Court, claiming jointly and severally against them for:
“1. A declaration that the plaintiff is entitled to be nominated as a candidate for stool of the Olu of Ipole Iloro under the native law and customs of Ipole Iloro chieftaincy and the enabling declarations,
2. A declaration that the nomination carried out by the Ekiti Kalesibe ruling house which was forwarded to the Kingmakers contained in the letter dated 31.01.2010 is valid and competent,
3. A perpetual injunction restraining the 1st ? 2nd Respondents or their agent or privies on carrying out any further

1

nomination or re-nomination of the 3rd – 6th defendants or other person as the candidate for the stool of Olu of Ipole Iloro,
4. A perpetual injunction retraining the 6th ? 11th defendants from accepting, recognizing and/or taking any other nomination apart from the candidature of the plaintiff as a candidate to repost (sic) of Olu of Ipole Iloro.

The 8th Respondent herein, on the 11th day of February, 2010, entered a conditional appearance, while on 5th day of March, 2010, the 5th to 7th Respondents filed a memorandum of appearance after their application for extension of time to do so was granted by the trial Court. The 5th – 7th Respondents also filed a Notice of Preliminary Objection, the same date, on the following grounds:
1. The Plaintiff did not exhaust domestic remedies available to him before rushing to Court hence the action is incompetent and the Court has no jurisdiction to hear it;
2. The plaintiff has no cause of action or reasonable cause of action against the Defendants and the Court has no jurisdiction to hear the case;
3. The Plaintiff’s action is premature and incompetent and the Court has no

2

jurisdiction to hear it;
4. The Plaintiff failed or neglected to give security in the sum of N10, 000.00 at the time of filing this case and so the action is incurably defective, incompetent and this Court has no jurisdiction to hear it;
5. The Plaintiff’s action is an abuse of the Court process and this Court has no jurisdiction to hear it.

The 1st Respondent filed his statement of claim on the 24th day of September, 2010 upon an extension of time within which to file same having being granted wherein he claimed against the Appellants and the 2nd to 8th Respondents herein as follows:-
1. A declaration that the Plaintiff is from or a member of the Ekiti Kalesibe ruling house and as such entitled to the Olu of Ipole-Iloro-Ekiti chieftaincy title;
2. A declaration that the nomination or appointment and/or selection of the Plaintiff as candidate to the Olu of Ipole-Iloro-Ekiti chieftaincy title by the head of Ekiti Kalesibe ruling house accords with the native law and custom of Ipole Iloro-Ekiti on the Olu of Ipole Iloro-Ekiti chieftaincy title;
3. A declaration that the forwarding of the name of the Plaintiff to the Kingmakers by

3

the Ekiti Kalesibe ruling house through its letter dated 31st January, 2010, accords with the native law and custom of Ipole Iloro-Ekition, the Olu of Ipole Iloro-Ekiti chieftaincy title and as such vires, valid, legal, lawful, regular and constitutional;
4. A declaration that the order of the Permanent Secretary on chieftaincy affairs ordering and/or mandating the Ekiti Kalesibe ruling house to commence another process of selection without more and notwithstanding the earlier one validly ordered by the Secretary of the Ekiti West Local Government Area of Ekiti State is invalid, illegal, irregular, inconsequential, unlawful and unconstitutional;
5. A declaration that the Olu of Ipole Iloro registered chieftaincy declaration of 13th January, 2010, is defective, illegal, irregular, unlawful, ultra vires, null and void and unconstitutional as it does not represent the native law and custom on the Olu Ipole Iloro- Ekiti chieftaincy title;
6. An order setting aside the 2010 registered declaration since it is otiose and contrary to native law and custom of Ipole Iloro-Ekiti;
7. An order for the installation of the Plaintiff;
8. An order for

4

the approval of the selection, appointment and installation of the Plaintiff and presentation to him of the certificate and staff of office by the 9th Defendant;
9. An order of perpetual injunction restraining the 1st and 2nd Defendants, their agents, servants and privies from nominating any of the 3rd – 6th Defendants or anybody at all as candidate to the Olu of Ipole Iloro-Ekiti chieftaincy title, the Plaintiff having been validly, legally, regularly and lawfully nominated;
10. An order of perpetual injunction restraining the Defendants, their agents, servants, and privies from accepting, encouraging and/or recognizing any other nomination or appointment into the Olu of Ipole Iloro-Ekiti chieftaincy save and except that of the Plaintiff now forthwith and henceforth.

The Appellants filed their joint Statement of Defence on the 1st day of February, 2011, having been granted extension of time within which to file same, by the trial Court. In the said Statement of Defence, Appellants, after denying material facts averred by the Plaintiff, counterclaimed as follows:-
1. Declaration that as princes and members of Ekiti Kalesibe ruling house,