Alhaji Aransi Bello Okomalu V. Chief Aminu Akinbode & Ors (2006)

LAWGLOBAL HUB Lead Judgment Report

TOBI, J.S.C.

The case of the plaintiff/appellant is as follows: He belongs to Okomalu family of Osegere. He is the Mogaji of the family. Oyoside Okomalu a hunterand wanior, the ancestor of the plaintiff/appellant and founder of Osegere village came from Ikire Ilo near Oyo town. Okomalu first sojourned at Ajanla compound in Ibadan and from there he founded the first Osegere. As a result of war, Okomalu and his family escaped to Kadolu compound in lbadan. After the war, Okomalu retumed to re-establish Osegere. After sometime, people came to settle with him and he gave them land to build houses and to farm. The 1st defendant’s ancestor, Oshunmuyiwa Abobiosan, was one of such people. Dangbowi, Odatinlo, Aroola and Ajayi Obaniyi were some of the others. Those mentioned were later made chiefs in the village by Okomalu, who was himself the Baale of Osegere. He was the first Baale there. On his death, his nine-year old son, Sangomakinde succeeded him. On the death of Sangomakinde, his younger brother, Durokilu succeeded him. Sangoyoyin succeeded Durokilu. Sangoyoyin was the son of Okomalu, who was the father of the plaintiff/appellant. Sanni, a descendant of Okomalu succeeded Sangoyoyin. Jimoh Oyekan, a descendant of Okomalu succeeded Sanni and Jimoh Oyekan died in November, 1980.

No outsider from Okomalu family had even become Baale of Osegere. The Govemment of Westem State paid the Okomalu family compensation for land acquired for the Asejire Water Dam in 1974. Some years back, Oyelose, not from the family of the plaintiff/appellant, became the Baale. The matter was taken to court and Oyelose was sent packing. After the death of Oyekan, the family nominated the plaintiff/appellant as the next Baale of Osegere, which nomination was sent to Akinbiyi, the Olubadan. On hearing over the radio that the 1st defendant/respondent was to be appointed the next Baale of Osegere, the family of Okomalu sent a petition to Akinbiyi the Olubadan and his Council. An inquiry was ordered. It decided that the family of Okomalu had exclusive right to the stool. The report of the Inquiry was sent to the Olubadan who did nothing on it till he died. The 1st defendant/respondent was never installed the Baale of Osegere. It was Asanike who succeeded Akinbiyi as Olubadan that installed the plaintiff/appellant as Baale of Osegere.

Again, it was announced on radio that the 1st defendant/ respondent was appointed the Baale of Osegere by the Oyo State Governor, the 2nd defendant/respondent. A petition was sent to the governor by the lawyer of the plaintiff/appellant. The lawyer of the Olubadan also wrote a petition to the governor. Thereafter the plaintiff/appellant sued, seeking for four declaratory reliefs and two injunctive reliefs in respect of the Chieftaincy of Baale of Osegere.

The case of the defendants/respondents is different. Amusa Lawal, DW1, the Chairman of Osegere descendant Union gave evidence as follows: Akinsoro Ajaku, alias Osogirank’ agbamolo and Majobo were the founders of the first Osegere. They were warriors. Ladojobi was one of the followers of Akinsoro at the time. Ladojobi was the father of Amusan and Awujoola, a woman. Awujoola was the mother of Oyosilo Okomalu. Daba Sango was a lodger in Ladojobi’s compound. Ilo married Awujoola and consequently fathered Okomalu. The 1st defendant/respondent is a descendant of Osuntola, alias Abobiosan who was also one of the followers of Akinsoro to found the first Osegere. The first and second Osegeres were destroyed by war. The third Osegere was founded by the same community. To prevent the hazard of another war, they erected a wall around the town. It was after this that they all decided and installed Amusan as Baale, Bangbowi as Balogun and Oderinlo Amojiogbo as the Otun-Baale. Later, Odorinlo was installed as Baale after the death of Amusan who reigned for twelve years. Odorinlo reigned for fourteen years. Sangomakinde, Okomalu’s son, reigned after Odorinlo. Amusan and Odorinlo were not related to Okomalu. Durokilu from Okomalu family reigned after Sangomakinde and he reigned for three years. Oyekunle reigned after Durokilu and he was not from Okomalu family. He reigned for forty-five years. After Sangoyoyin, Sanni Shatilo’s son reigned for one year. Oyoloso reigned after Sanni.

He reigned for one year and he was from Ladojobi family. Jimoh Oyekan from Ajala’s family reigned after him. Jimoh Oyekan died in November, 1980. After his death, the whole town appointed the 1st defendant/respondent as the next Baale of Osegere as was the custom. On 14/5/81, the Olubadan invited all the parties, including Okomalu family representatives to the palace of the Olubadan where all approved the appointment of the 1st defendant/respondent as the next Baale of Osegere. On the death of Oba Akinbiyi, Oba Asanike re-opened the matter and the plaintiff/ appellant was appointed the Baale of Osegere. On 20/9/84, on approval by the Governor of Oyo State, the 1st defendant/respondent was installed the Baale of Osegere.

I have narrated the evidence of the parties in some detail. I do not regret what I have done. The learned trial Judge granted claims (d), (e), and (f). He refused claims (a), (b), and (c). He ordered that the case should be sent back to the Division in the Military Governor’s office charged with the responsibility of chieftaincy matters for a final decision. The Judge said in the final paragraph:

“All in all, the whole matter should go back to the Division in the Military Governor’s office charged with the responsibility of Chieftaincy matters, so that it can take a final decision because of the special knowledge given to it by the security report.”

On appeal to the Court of Appeal by the plaintiff/appellant, that court dismissed the appeal. Dissatisfied, the plaintiff/appellant has come to this court.

Briefs were filed and duly exchanged. The appellant formulated the following issues for determination:

“1. Whether or not the Court of Appeal was right in affirming the decision of the trial court declining to grant appellant’s reliefs a, b, and c contained in paragraph 51 of the appellant’s amended statement of claim directing that the case should go back to the office of the Governor of Oyo State for final decision on the Chieftaincy matter in this case

2. Was the Court of Appeal light by not ordering the retrial of the case having found that:

(i) the trial court failed to make findings on the question as to how the Chieftaincy title in dispute is to be filed; and there is no way a proper evaluation of the evidence led by the parties could be made without depending on the credibility of the witnesses

Was the Court of Appeal right in holding that the trial Judge was wrong to have held that the decision of the Commissioner for Chieftaincy Affairs contained in exhibit 17 was taken without any inquiry or without hearing the appellant.”

The 1st respondent formulated the following issues for determination: