Attorney General Of Kwara State & Anor V. Alhaji Saka Adeyemo & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

Offa is a town in Kwara State. There is a High Chief in Offa. He is referred to as the Olofa of Offa. In 2010 he died. The kingmakers got together to choose a new Olofa of Offa. Now, there are two Ruling Houses in Offa. The Olugbense Ruling House (male line) and the Anilelerin Ruling House (female line). The kingmakers directed both houses to nominate their candidate for the vacant Olofa Chieftaincy stool. Both houses complied. The Oracle of Offa went to work and settled on Alhaji Mofutau Mohammed Gbadamosi Esuwoye from the Anilelerin Ruling house as the right person to be the new Olofa of Offa. This did not go down well with the Olugbense Ruling House, so they filed an action in an Ilorin High Court claiming inter alia that the Olofa chieftaincy is rotational between the two Ruling Houses to wit: Olugbense and Anilelerin and it was the candidate of the Olugbense Ruling House to be the Olofa of Offa. The action was brought by 1st, 2nd and 3rd respondents, representatives of the Olugbense Ruling.

After hearing evidence, the learned trial judge delivered a well considered

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judgment on 19th June, 2012. His lordship held:

1. That the vacant stool of Olofa of Offa can only be filled by candidates from any of the two Ruling Houses.
2. That the Olofa Chieftaincy is not rotational rather only members of the two Ruling Houses can contest for it.
3. That the kingmakers (i.e. 4th 7th respondents) considered candidates from the two Ruling Houses as stated in Exhibit J, consequently the appointment of Alhaji Mufutau Mohammed Gbadamosi Esuwoye as the new Olofa of Offa was in accordance with native Law, Custom and Laws of the people of Offa.
4. In view of the fact that the 1st 3rd claimants were unable to establish their claims which are declaratory in nature, the 8th respondent was validly appointed and approved as the Olofa of Offa.

The judgment of the trial Court was upset on appeal. The Court held inter-alia that the ascension to the throne of Olofa is by rotation between the Olugbense and Anilelerin Ruling Houses and so the 1st 3rd respondents who were the appellants in the Court of Appeal are entitled to the reliefs sought in the trial Court.

This appeal is against that judgment.

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SC.650A/2013 is the appeal by the Attorney General of Kwara State and his Governor. Their learned counsel K. Ajibade, Esq. filed the appellants’ brief on 29th January 2016 wherein he formulated three issues for determination of this appeal. They are:

ISSUE 1

Whether the proceedings and decisions of the Courts below are not competently defective in the light of the provisions of Section 3(3) of the Chiefs (Appointment and Deposition) Law Cap. C9, Laws of Kwara State, 2006.

ISSUE 2

Whether the Court of Appeal was right in its conclusion that, based on Exhibit A and J, the selection and appointment of Olofa of Offa is by rotation and whether the approval of the 8th respondent as the Olofa of Offa was rightly set aside by the Court of Appeal.

ISSUE 3