Aworo Fagorus & Anor V. His Royal Highness Oba Timothy Olorungbohun Ibiyinka (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

The Appellants herein, vide a Notice of Appeal dated the 24th day of June, 2008 and filed on the 8th day of July, 2008, challenged in this Court the Ruling of Hon. Justice M. A. Agbelusi, of the High Court of Ekiti State, holden at Omuo-Ekiti, delivered on the 12th day of May, 2008 in suit No. HOM/6/2007, wherein the learned trial Judge, while ruling on the Preliminary Objection filed by the Respondents, held inter alia –

The Plaintiffs’ case is premature, it is incompetent and therefore struck out and dismissed” (See page 33 of the Record)

The brief facts of the case is that by a Writ of Summons dated the 29th day of June, 2007 and filed on the 5th day of July, 2007, the Plaintiffs (now Appellants) claimed against the Defendants (now Respondents), per the endorsement on the Writ, as follows:

i. A Declaration that the installation of the 2nd Defendant as Chief Alafe of Ilafe Quarters, tkun-Oba Ekiti in the Ekiti East Local Government Area of Ekiti State on the 1st day of April, 2005, by the 1st Defendant is wrongful, irregular, untraditional, null and void and of no effect whatsoever.

ii. A Declaration by this Honourable Court that the Chieftaincy title of Alafe of Ilafe Quarters, Ikun-Oba Ekiti is on rotational basis between the Oke-Ilea and Odo-Idalu families of that community.

iii. A Declaration that the 2nd Plaintiff is the appropriate candidate for the chieftaincy title under the Ikun-Oba Ekiti Native Law and Custom should be so appropriately declared by this Honourable Court.

The appellants thereafter filed their Statement of claim dated and filed the 22nd day of November, 2007, claiming the same reliefs as endorsed on the writ of summons.

The Respondents on their part raised a preliminary Objection on point of law in their Statement of Defence dated 5th day of December, 2007 but filed 6th day of December, 2007. They also filed a Notice of Preliminary Objection dated 1st May, 2008 but filed 2nd May, 2008 challenging the jurisdiction of the court to entertain the matter, to wit:-

“TAKE NOTTCE that the 1st and 2nd Defendants/Applicants shall at the further hearing of this Suit object to the jurisdiction of the honourable court on the following grounds:

i. The action brought by the Plaintiffs/Respondents is premature and ill timed for failure of the Plaintiffs/Respondents to comply with the statutory provisions of Part III, section 22, Chiefs Law of Ondo State, CAP 20 of 1978 or Part II, Section 13 of the Chiefs Law of Ondo State, 1984 as applicable to Ekiti State which relates to minor chieftaincy.

ii. The Plaintiffs/Respondents had not exhausted the remedies under the law relating to minor chieftaincy before instituting the suit in court.

iii. The decision of the prescribed authority is final and cannot be questioned in any court.

iv. That by virtue of the above provisions, this court lacks jurisdiction to entertain the suit.