Alhaji Sule Agbetoba & Ors. V. The Lagos State Executive Council & Ors (1991)

LawGlobal-Hub Lead Judgment Report

G. KARIBI-WHYTE, J.S.C. 

Appellants, representing the Muti ruling house of the Onikoyi Chieftaincy family has again appealed to this Court, challenging the dismissal by the Court of Appeal, Lagos Division of their appeal against the judgment of C.A. Johnson, C.J. dated 23rd October, 1985.

In the High Court of Lagos State appellants as plaintiffs in two separate suits, ID/42M/81 and M/153/81 subsequently consolidated had asked for the following eleven reliefs from the Defendants/respondents.

(i) A declaration that the declaration issued by the Lagos State Executive Council on the 27th day of July, 1977 and registered on the 1st August, 1977 under the Oba and Chiefs of Lagos Law 1975 is still effective and binding on the Lagos State Government;

(ii) A declaration that the 3rd appellant was properly selected by the Muti Ruling House of the Onikoyi Chieftaincy Family to fill the vacant stool of Chief Onikoyi of Lagos.

(iii) A declaration that the 3rd appellant’s appointment is entitled to be approved as the Chief Onikoyi of Lagos Elect by the Lagos State Executive Council pursuant to Section 5(2) of the Oba and Chiefs of Lagos Law 1975;

(iv) A declaration that the Lagos State Executive Council or any of the respondents have no right or power to amend the declaration of the 27th July, 1977 and registered on the 1st August, 1977;

(v) That the Oba and Chiefs of Lagos State Law, 1981 is unconstitutional in that sections 6, 7, 8, 9, 10, 11 and 12 thereof and all other sections relating to Customary law tantamount to the delegation of Legislative Powers to the Chieftaincy Committee, Chiefs Council, the Commissioner responsible for chieftaincy matters and Governor, such delegation being contrary to the spirit and provisions of the Constitution of the Federal Republic of Nigeria, 1979;

(vi) A declaration that the Oba and Chiefs of Lagos State Law, 1981 is unconstitutional in that it failed to satisfy the constitutional requirements for passing Law;

(vii) That any declaration and particularly the Onikoyi Chieftaincy Declaration dated 20th November, 1981 made under the Oba and Chiefs of Lagos State Law, 1981 is null and void and of no effect;

(viii) That the 3rd appellant having been selected by the Muti Ruling House under the declaration dated the 27th of July, 1977 is entitled to be considered and approved as the Chief Onikoyi of Lagos by the Lagos State Executive Council and/or the 1st Respondent;

(ix) That the selection of the 3rd appellant remains valid and unaffected by the purported Chieftaincy declaration dated the 20th day of November, 1981;

(x) That the Chieftaincy declaration dated 20th November, 1981 and subsequent selection and approval of the 4th respondent (joined by the Order of Court) as Chief Onikoyi are premeditated, actuated and motivated by malice and as such the Declaration is null and void;

(xi) That the selection and approval of appointment of the 4th respondent as Chief Onikoyi of Lagos by the 1st respondent is improper and irregular and of no effect”