Alhaji Amusa Olagboyega & Anor V. Chief Amusa Ayegbajeje Anibire & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of an Oyo State High Court sitting at Ibadan. The ruling was delivered on the 23rd of April, 2007 wherein the Appellant’s application challenging the jurisdiction of the Court to entertain the action was dismissed. It is against this ruling that the Appellant has appealed to this Court.

The Plaintiff/Respondent claimed the following reliefs in the lower Court:

i. Declaration that the Plaintiff is the one entitled to fill the vacancy of the Baale of Ojoo Chieftaincy in Akinyele Local Government of Oyo State.

ii. An order directing the 2nd – 3rd Defendants to select, appoint and give instrument of office to the Plaintiff as the Baale of Ojoo in Akinyele Local Government of Oyo State.

iii. A declaration that the purported selection of the 1st defendant to fill the vacancy of Baale of Ojoo Chieftaincy is irregular, illegal and unconstitutional, not being in accordance with the customs and traditions of Ojoo land and therefore null and void.

iv. An order setting aside the purported selection of the 1st defendant by the 2nd defendant as the Baale of Ojoo in Akinyele Local Government of Oyo State.

v. An order of injunction restraining the 2nd & 3rd defendants whether by themselves, their agents, servants, privies or otherwise whosoever called from installing or giving instruction to install the 1st defendant as the Baale of Ojoo in Akinyele Local Government of Oyo State.

vi. An order of injunction restraining the 1st defendant whether by himself, or his agents, servants, privies or otherwise whosoever from parading himself as the Baale of Ojoo in Akinyele Local Government of Oyo State.

The facts of the case are that the 1st Appellant contested the position of Baale of Ojoo with Plaintiff/Respondent and the Appellant was installed on the 19th of February, 2007, See page 52 of the record. Plaintiff/Respondent wrote a petition dated 20th February, 2007 to the Governor of Oyo State which was copied to the Commissioner for Local Government and Chieftaincy Affairs. On 22nd February, 2007, the Plaintiff/Respondent filed a motion exparte for injunction to restrain the installation of the Appellant. The motion was heard and granted that same day. The appointment and installation had been done on the 19th of Feb 2007. It is the coronation that was scheduled to come up on 23rd March, 2007.

1st Appellant was served with the writ and motion on notice filed by the Plaintiff/Respondent. Appellant subsequently filed a notice that the Court lacked jurisdiction to hear the case. The application was heard and the learned trial Judge in his ruling delivered on the 23rd of April, 2007 dismissed the Appellant’s objection to the jurisdiction of the Court. Appellants being dissatisfied appealed against the ruling. Appellant filed the notice of appeal on the 26th of April, 2007. The notice of appeal contained three grounds.

The parties duly filed and exchanged their respective briefs of argument in compliance with the rules of this Court. As, a result of the substitution of the original 2nd Appellant who had died, the parties were ordered to amend their processes to reflect the name of the substituted 2nd Appellant. Appellant’s brief of argument is dated and filed on 27/6/08 while the 1st Respondent’s brief of argument is dated and filed on the 4th of August, 2008. Appellants obtained the order of the court on 19/1/10 for the appeal to be set down for hearing on the Appellant’ and 1st Respondent’s briefs for the failure of the 2nd Respondent to file any brief.

Appellants distilled a sole issue for determination thus:

Whether the learned trial Judge was right to have departed from the interpretation given by the Supreme Court to section 22 of the Chiefs Law of Oyo State in Adesola V. Abidoye by overruling it and giving his own interpretation to the section.