Attorney-general, Kwara State & Anor V. His Royal Highness Oba Michael D. Oyedele Ariwajoye I. & Anor (2000)

LawGlobal-Hub Lead Judgment Report

ONNOGHEN, J.C.A. 

This is an appeal against the judgment of Hon. Justice D J. Adeniyi in suit No. KWS/OM/24/92 delivered on the 27th day of February, 1997, against the appellants and 2nd respondent then as defendants.

The facts of the case, as can be gathered from the record, include the following:-

On the 5th day of October, 1992, the 1st respondent in this appeal issued a writ of summons in which he claimed the following reliefs against the 2nd respondent to wit:

“1. A declaration that Araromi, Ekiti Local Government Area is within Isolo-Opin land in Ekiti Local Government Area, Kwara State, and not a separate and distinct community.

2. A declaration that the plaintiff’s authority as a Traditional Ruler is over the entire Isolo-Opin land including Araromi, Ekiti Local Government Area.
3. A declaration that the title “Olu of Araromi-Opin” is without historical antecedent and incompetent as there cannot be two traditional rulers over Isolo-Opin land.
4. An order restraining the defendant from styling and parading himself as the “Olu of Araromi-Opin” in any manner and at any gathering whatever.”

On the 31st day of March,1994, learned Counsel for the 1st respondent, then plaintiff filed a motion for an order inter alia to join the present appellants and the Federal Attorney-General which application was subsequently granted by the lower court. However on the 22nd day of May, 2000, upon a motion by Counsel for the Attorney-General of the Federation, the name was struck out by this court thereby leaving the 1st and 2nd respondents.

By leave of the court below, the 1st respondent amended his statement of claim to include a fifth relief to wit:

“5. A declaration that the due and proper name of the site of the Headquarters of Ekiti Local Government, Kwara State is Isolo-Opin.”

It is the 1st respondent’s case, as plaintiff in the lower court that Opin land was founded by Madewa Adetula who migrated from IIe-Ife. That Opin land is made up of twelve villages named after the twelve sons of Madewa Adetula, one of the villages being Isolo-Opin. These villages are:

1. Owuatun – Opin
2. Isola – Opin
3. Aare – Opin
4. Ilode – Opin
5. Oiwi – Opin
6. Ihaye – Opin
7. Igemo – Opin
8. Owa Odo – Opin
9. Idemorun – Opin
10. Isare – Opin
11. Osi – Opin, and
12. Epe – Opin

That these twelve children were born of three wives – the first one producing five children, the second had four while the third had three. These children are therefore referred to in groups as Ikerun, lkerin and Iketu.

That the 2nd respondent is from Aofini Araromi Compound in Isolo-Opin which is not one of the 12 children of Madewa Adetula and is not entitled to the suffix “Opin”.

That there are eleven compounds in Isolo – Opin named after the eleven sons of Isola to wit. Aofini Araromi, Oke-Awoeli, Oke-Ora, Oke Mogun, Ile Olomunjo, Ile Asaha, Odo Orite, Ijagba, Igbein, Odo Awor and Ijegbemute.

That during the advent of inter-tribal wars, the Isolo-Opin people moved and established their village uphill for security purposes. That following the cessation of inter tribal wars, there was no need for them to continue to stay uphill so they decided to come down to the Isolo-Opin land by the main road. That the people agreed on this project and chose Arusi which was a farmland allocated by the Asolo to the people of Ora Compound of Isolo-Opin as the site of the settlement by the road side.

That contrary to the agreement by the people that the movement down hill was to be led by the Asolo of Isolo-Opin, one Lawani Anisulogun the then Lemomu or Imam of Isolo-Opin and a member of Aofin and one Pa Ayeni of Oke Mogun Compound led their people Opin to the agreed site before the then Asolo; by name Fasoro Osegunjoye who thereby became very infuriated by the breach and refused to move down. After much entreaties and pledge of continued loyalty, the Asolo later moved down. That since the first batch of those who moved down were largely of Aofin Compound, the name Aofin became inter-changeable with Araromi Compound being the new name of the new settlement down hill. That the people remained part of Isolo-Opin under the authority of the Asolo of Isolo-Opin, the office now occupied by the 1st respondent. That the movement of Aofin took place in 1937, while the rest of the Isolo-Opin people moved down in 1954.