Alhaja Olasunbo Olokode & Ors V. Alhaja Adidat Bello Ijaola & Ors (2005)

LawGlobal-Hub Lead Judgment Report

KUMAI BAYANG AKAAHS, J.C.A.

The crisis which led to the institution of this suit now on appeal is whether the position of Iya Oja i.e woman leader of Olorunsogo market in Lagos State is by appointment under Yoruba native law and custom as contended by the Plaintiffs or that such a custom does not exist and that the post is an elective one as put forward by the Defendants. All the parties to the suit are traders at Olorunsogo Market, Oshodi,Lagos State. Prior to the establishment of the market at the present site, the traders were carrying out their trading activities at Railway Line, Oshodi. Due to the persistent raiding and disturbances meted out on the traders by the Lagos State task force at the Railway Line (which was considered as an illegal market) the traders staged a peaceful demonstration to the office of the Military Governor. On hearing their complaints the then Military Governor Col.Raji Rasaki yielded to the request of the traders by relocating them to the present site. Upon the final settlement of the traders at the market, it became imperative to choose officers for the purpose of running the affairs of the market. A dispute then arose in the leadership. While the Plaintiffs claimed that the position of Iya-Oja is occupied by appointment under Yoruba native law and custom and that the 1st Plaintiff was duly appointed as Iya-Oja (woman leader) of Olorunsogo market after the establishment of the market, the Defendants asserted to the contrary by contending that such a custom does not exist but that elections were conducted on 22nd November, 1990 for the post of Iya-Oja and on 29th November, 1990 another election for the posts of Treasurer, Leader of Sellers and other offices was held. In the election of 22nd November, 1990 the 1st Plaintiff contested for the post of Iya-Oja with the 1st Defendant and one Mrs. Banjo and lost to the 1st Defendant. It was after her defeat that she turned round to lay claim to the post under a non existing Yoruba native law and custom. The Plaintiffs denied knowledge of the alleged elections and in particular the 1st Plaintiff denied ever participating in the election. The Plaintiffs accordingly sued and I claimed in paragraph 37 of the Amended Statement of Claim dated 10/11/94 I the following reliefs:

a. A declaration that the purported election of the 1st, 2nd, 3rd and 4th Defendants as Iya-Oja, Baba-Oja, Treasurer/Secretary, head of meat sellers or generally as the Executive Committee (Members) of Olorunsogo Market, Oshodi,Ikeja Local Government Area on 22nd and 29th November 1990 or at any other times is a sham, null, void, unconstitutional and against the prevailing traditions, customs and conventions in the market, Yoruba land specifically in Lagos State

b. A declaration that the choice of Iya-Oja of Olorunsogo Market is governed by customs, traditions and conventions as obtainable in markets in Lagos State and Yorubaland and never Government imposed or by election.

c. A declaration that the 1st and 6th Plaintiffs at all material times remain the Iya-Oja and head of meat sellers of Olorunsogo market Oshodi according to customs, traditions and conventions and that the Executive Committee with whom the 1st Plaintiff has been running the market since the break away of 1st, 2nd and 3rd Defendants remains undissolved.

d. an injunction restraining the 1st, 2nd, 3rd and 4th Defendants respectively from holding out themselves or acting or disturbing the peace and affairs of Olorunsogo Market Oshodi as Iya-Oja, Baba-Oja, Treasurer/Secretary, head of meat sellers or generally as executive members of the market.

e. Damages for undue harassment, detention, molestation, embarrassment, mental shocks and headaches caused the Plaintiffs by the defendants’ actions.

The Defendants denied the Plaintiffs’ claim and in their Amended Statement of defence dated 1/4/98 they counter-claimed for the following reliefs:

1. A declaration that the 1st Defendant is the duly elected and lawful Iya-Oja of Olorunsogo Market, Oshodi, the 2nd Defendant is the duly elected and lawful Treasurer of the market and the 4th Defendant is the lawful head of the meat sellers in the market.
2. A perpetual injunction restraining the 1st,2nd and 6th Plaintiffs from holding themselves out respectively as the Iya-Oja, head of the pepper sellers and the head of the cosmetic sellers of the Olorunsogo market.
3. A perpetual injunction compelling the Plaintiffs their servants agents and/or privies to keep the peace and restraining them from harassing, molesting threatening and/or assaulting the Defendants and other heads of sellers in the market or in any way obstructing and/or preventing them from performing lawful functions in the market.”

The parties called witnesses and tendered several exhibits. The Plaintiffs called three witnesses. Mr. Babatunde Shonibare, the Secretary of the Ikeja Local Government was initially called by the Plaintiffs and he started testifying as 3PW but on application by Plaintiffs’ counsel, his evidence was expunged from the records. The Defendants also called three witnesses.

Learned Counsel addressed the Court which was concluded on 28/4/99 and I the suit was adjourned to 18/6/99 for judgment. Judgment was however not delivered until 17/9/99 in which the Plaintiffs lost and they filed their Notice of Appeal on 20/9/99 containing four grounds of appeal as follows:

3.1 The entire judgment of the trial judge is a nullity being judgment delivered after the statutory period of 90 days.

PARTICULARS

The final addresses were concluded on 28th day of April 1999 and judgment was delivered on 17th day of September, 1999.

3.2. The learned trial Judge erred in law when His Lordship held that there was election for the post of Iya-Oja on 22nd November, 1999 and 29th November, 1999 for the post of Secretary General.