Alhaji Taoheed Oluwakemi Idris & Ors V. Alhaji Akeem A. Amusa & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NONYEREM OKORONKWO, J.C.A.(Delivering the Leading Judgment)

In the proceedings at the Lower Court leading on to this appeal, the appellants were challenging the legality or constitutionality of the removal of the 1st appellant Alhaji Taoheed Oluwakemi Idris as Chief Imam of Ososa Ogun State by the respondents.

In the said action, the High Court of Ogun State per O. A. Onafowokan in a judgment delivered on 14th March, 2013 dismissed the entirety of the appellants claims whereupon, being dissatisfied, the appellant commenced this appeal by Notice of Appeal filed at the High Court of Justice Ijebu-Ode on 20th March, 2013.

The background of the case at the Court below, on a comparative basis is sufficiently captured in the introduction to the brief of the respondents. Although it is quite prolix, I will adopt it as the background facts of this appeal. It runs thus:

The Appellants were Claimants in the Court below whilst the Respondents were Defendants. By paragraph 26 of their Further Amended Statement of Claim (pages 701 – 710 of the Record of Appeal), the Appellants sought the following reliefs:-

“(a) A declaration

1

that the 1st Claimant is the subsisting Chief Imam of Ososa Central Mosque having been so turbaned on 3/5/1996 pursuant to Ososa Muslim Council Rules and Regulations of which came into force on March 21, 1981.

(b) A declaration that the only Constitution lawfully, and/or validly in existence for the use of Ososa Muslim Community from and including the 5th day of December, 2008 is the Constitution of Ososa Muslim Community (simply referred to as “The Constitution) which was signed into law on the 5th day of December, 2008.

(c) A declaration that the defendants, while acting purportedly as the Chairman and Assistant Secretary of the defunct Ososa Muslim Council cannot validly remove/or terminate the appointment of the 1st Claimant as the Chief Imam of Ososa as they had purportedly done vide the letter of termination of appointment as Chief Imam dated 28/2/2009.

(d) A declaration that the purported Ososa Muslim Council Constitution amended 2006 is unlawful, illegal and of no effect as there was never Ososa Muslim Council Constitution prior to 2006.

(e) An order that the only recognized law governing the affairs of the members of Ososa

2

Muslim Community before 20/9/05 was the Ososa Muslim Council Rules and Regulations of March 21, 1981