Alhaji Salami Katibi Opebiyi & Ors V. Sakariyawu Kelani Noibi & Ors (1977)

LawGlobal-Hub Lead Judgment Report

BELLO, J.S.C.

This is an appeal from the judgment of the former Western State Court of Appeal in which the judgment of the High Court was affirmed.In the High Court of the former Western State, sitting at Abeokuta, the present appellants as plaintiffs instituted Suit No. AB/46/71 claiming against the present respondents as defendants the following: –

“1.    A declaration that the first Plaintiff, Alhaji Salami Katibi Opebiyi is the duly appointed Chief Imam of the Central Mosque, Igbogila;

2.     A declaration that the first Defendant, Sakariyawu Kelani Noibi is not the Chief Imam of the Central Mosque, Igbogila; and

3.     An injunction restraining the said 1st Defendant or any of the other defendants, or any servants or agents of any of the defendants from holding out the first defendant as the Chief Imam of the Central Mosque, Igbogila.”
The case for the plaintiffs in the court of first instance as shown both by their pleadings and by the evidence given in support may be summarised thus: that following the death of the Chief Imam of Igbogila Central Mosque, the committee members and the chiefs of that mosque met in January, 1971, to elect a successor but the meeting broke up in disorder and was unable to elect either of the two candidates who were the 1st appellant and the 1st respondent; that in order to resolve the confusion and reconcile the contestants and their supporters and bring sanity within the fold of the mosque, the Ansar-Ud-Deen Society, Lagos, at the instance of the defendants, invited the parties and their  supporters to a peace-meeting at Lagos where both parties agreed that the candidate who would score the majority votes of the congregation of the Igbogila Muslim Community at a meeting of the congregation to be held on 13th March, 1971, under the supervision of the society should be presented to be installed as the Chief Imam.

The plaintiffs further averred that at the meeting, which was held in accordance with the aforementioned agreement, the 1st plaintiff was duly elected by the majority votes of the congregation and was accordingly installed as the Chief Imam on 18th April 1971; that thereafter he performed the functions of the office of Chief Imam until on 6th May 1971 when a minority section of the Igbogila Muslim Community purported to appoint the 1st Defendant as the Chief Imam of the said mosque and at the same time by the use of force and thuggery the Defendants and their supporters took possession of the mosque and the staff of office of the Chief Imam and kept out the plaintiffs and their supporters from worshipping in the mosque.

The cornerstone of the plaintiffs’ case at the trial was summarised by the learned trial Judge in his judgment to be as follows: –

”        Pleadings were ordered and filed.
In support of their case the plaintiffs called one witness; and in support of their case the Defendants called five witnesses. From the evidence led by the Plaintiffs it is clear that they wished to sustain their claims on the act that both the 1st plaintiff and his supporters on the one hand and the 1st defendant and his own supporters on the other, both submitted the dispute between them as to whom was to be the Chief Imam of the Igbogila Central Mosque to an arbitrator in the person of the Central Committee of the Ansar-Ud-Deen Society in Lagos. The plaintiffs’ case is that the arbitrator decided in favour of the 1st plaintiff and that the defendants are all bound by that decision, since they voluntarily submitted to adjudication by the society.”

In their prolix pleadings which run to 77 paragraphs, after having admitted that the 1st plaintiff was installed as the Chief Imam, the defendants controverted the 1st plaintiff’s case by contending that his installation was unconstitutional in that he was not selected and installed by the Jamat, which was the body vested with the power and authority to select and install the Chief Imam.  Setting out the constitution of the Jamat and its role as the appointing authority to fill the vacant post, the defendants pleaded in paragraphs 35 to 41 of their defence as follows: –

“35.  That there are about 30 registered members of Ansar-Ud-Deen Society among the Muslim population of over 2,000 members in IGBOGILA.

36.   That the election and turbanning of any Chief Imam of the Central Mosque in IGBOGILA and in any other Muslim Community is the prerogative of the JAMAT in IGBOGILA and this has been so since the inception of ISLAM in IGBOGILA.

37.   That the JAMAT of Central Mosque IGBOGILA comprises of the Chief Imam the NOIBI, OLORI OMOKEWU, (The MULANDAM) all the 21 IMAM RATIBIS, (IMAMS of all the 21 Sectional mosques) Iya Suna, all the 21 Iya Adinis (The leaders of the women Muslims in the 21 sectional mosques) and all the Muslim Chiefs. (Male and Female).

38.   That the 1st Defendant has the support of the following members of the JAMAT, (a) NOIBI (b) OLORI OMOKEWU (MUKANDAM) (c) 16 Imam Ratibis (d) Iya Suna (Head of the women Muslim community in Igbogila), (e) 16 Iya Adinis (f) GIWA Imale (Head of the Muslim Chiefs in Igbogila, (g) Ekerin Imale and (h) Bada Imale.
39.   That the 4th plaintiff the SERIKI of Imale is the only Muslim Chief in Igbogila supporting the 1st plaintiff and he is supporting the 1st plaintiff because he (1st plaintiff) is his cousin.

40.   That the Jamat of the Central Mosque in Igbogila or in any other Muslim Community cannot impose an Imam on the Ansar-Ud-Deen Society having the mosque of its own society along with the Central Mosque of the Jamat in the same town.