Alhaji Amodu Olaleye Oyeyemi & Ors Vs Irewole Local Government & Ors (1993)

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NNAEMEKA-AGU, J.S.C.

The main issue in this interlocutory appeal is whether the Court of Appeal, Ibadan Division, was right in the way and manner it exercised its discretion in granting an order of interlocutory injunction pending appeal in favour of the plaintiffs on the facts and in the circumstances of this case.

In the substantive suit, the parties put forward their diverse claims and counter claims claiming to the Chieftaincy stool of the Akire of Ikire. The main issues in contention in the suit related to: ­

(i)  Whether the Chieftaincy Declaration of 1958 was valid, particu­larly whether it included Aketula Family of Ikire as a separate and distinct ruling house;

(ii)  The number and identity of the Ruling Houses;

(iii) The order of rotation;

(iv)  The number and identity of the Kingmakers;

(v)  Whether Ladekan Ruling House was the next entitled and eligible to produce a suitable candidate for the vacant stool of Akire of Ikire;

(vi)  Whether the defendants should be restrained from calling for nomination, appointment or installation of any candidates, save those from Ladekan Ruling House;

(vii) And according to the counter-claim of the 7th defendant, whether the plaintiffs should be restrained from using the 1958 Akire of Ikire Chieftaincy Declaration for appointing, or installing any person from either Ladekan or Aketula to fill the vacancy.

After trial, the learned trial Judge found that:­

(1)  The 1958 registered Chieftaincy Declaration pertaining to the Akire of Ikire does not contain the true customary law of Ikire in that: ­

(a) It wrongly included Aketula Family as one of the Ruling Houses in Ikire;

(b) It was wrong in the order of rotation whereby the Ruling Houses would fill any vacancy in the Chieftaincy when­ever it occurred;