Alhaji Yunnus Bukoye, Essa Of Offa & Ors V. Alhaji Saka Adeyemo Magaji And Head Of Olugbense Ruling House, Offa & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This appeal emanates from the Judgment of the Ilorin Division of the Court of Appeal (“the lower Court” for short) delivered on the 9th of July, 2013, which allowed the 1st to 3rd Respondents’ joint appeal and granted all the reliefs sought in the statement of claim of the plaintiffs/appellants as opposed to the decision of the trial High Court of Kwara State sitting in Offa which had on 21/7/2013 which had earlier dismissed the plaintiff/appellants claim filed thereat.

This case had a chequered history. It is a case of chieftaincy tussle between ANILELERI and OLUGBENSE Ruling houses of Offa, in Kwara State of Nigeria. The tussle is basically on who is the rightful person from the two ruling house to occupy the position of Olofa of Offa on the basis of rotation after the demise of the erstwhile Olofa of Offa Ola Mustapha Olawore Olanipekun II who was from the ANILELERIN Ruling house who ruled for forty years and his ruling house Anilelerin which was female ruling house. Ordinarily, the candidate to fill the vacant stool going by the principle of rotation as established by Kwara State Government

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should have been from the OLUGBENSE male ruling house and the 2nd respondent who was from the latter ruling house, was nominated and presented to the kingmakers of Offa who are now the appellants, who refused to confirm the 2nd Respondent as the Olofa of Offa acting in concert with the 5th and 6th respondents and instead they installed the 4th respondent who is also from the same family ruling house of Olofa of Offa.

The case of the appellants and the 4th respondent together at the trial Court was that the male line of Olugbense ruling house had become extinct. The trial Court after taking evidence delivered its Judgment on 19/7/2012 in which it rejected the claimants’ (1st to 3rd Respondents) case, that it was their turn to produce the Olofa of Offa, that the appointment and installation of the 4th Respondent was unlawful and void. It also rejected the counter claim of the appellants’ and 4th Respondent. It further held that there are two ruling houses in Offa, namely the Olugbense male ruling house and the Anilelerin female ruling house but it rejected the claim that the ascension to the stool of Olofa of Offa was by rotation. On appeal to the Court of

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Appeal (the lower Court), the penultimate Court held that the claim of the 1st to 3rd Respondents that the stool became rotational right from 1969 was proved and it granted all the reliefs sought by the 1st to 3rd Respondents.

Dissatisfied with the Judgment of the lower Court, the present appellants appealed to this Court even though they split in that, the 4th respondent with whom they fought the case jointly at both the trial Court and the lower Court has now filed a separate notice of appeal containing ten grounds of appeal at papas 1515-1524 of the record.

The appellant’s jointly filed a notice of appeal dated 23rd July, 2013 containing eight grounds of appeal out of which they formulated four issues for determination by this Court. The four issues are:-

1. Whether having regards to the extant provisions of Section 3 (3) of the Chiefs (Appointment and Deposition) Law CAP. 09 of Kwara State 2006, the Court of appeal acted competently and correctly in countenancing and granting the reliefs, it awarded to the 1st to 3rd Respondents (Ground 1).
2. Whether the Court of Appeal was not in error in suo motu raising and relying on the principle of

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repugnancy test and its perceived “sense of Justice”, to find in favour of the 1st to 3rd respondents, contrary to the case of the parties as formulated in the pleadings and presented by them in evidence. (Grounds 2 & 6)

3. Whether the Court of Appeal was not in error in the view it took of Exhibits A, D and J and its conclusion that ascension to the Olofa of Offa stool is by rotation between the Anilelerin and Olugbense Ruling Houses and that it was the turn of Olugbense Ruling House to produce the next Olofa of Offa in succession to the late Oba Musupha Olawore Olanipekun. (Grounds 3, 4, 5, and 9)
4. Whether the Court of Appeal was not in error in granting the reliefs sought by the 1st to 3rd Respondents when some was not proved as required by law but also caught by the principle of estoppels. (Grounds 7, 8 and 10)

Upon being served with the appellants’ brief of argument, the learned counsel for the 1st to 3rd Respondents filed brief of argument on behalf of his client on 25-11-2015, which was settled by J. O. Baiyeshea SAN. Therein, five issues for determination were raised which read as below:-

A. Whether the trial Court and the