Chief Ayoola Adeosun V. The Governor Of Ekiti State & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

This is an appeal and a cross appeal against the judgment of the court of Appeal, Holden at Benin City in appeal No. CA/B/155/93 delivered on the 22nd day of March, 1996, in which the court allowed the appeal and dismissed the cross appeal against the judgment of the High Court of Ondo State Holden at Akure, in Suit No. AK/62/88 in which the court declared the registered Olupoti Chieftaincy Declaration null and void, etc.

At the trial court, the original plaintiff/appellant, Joseph Adebayo Osaguna instituted the action against the defendants/respondents in which he claimed the following reliefs:-

1. The declaration purportedly made under Section 5(1) of the Chiefs’ Edict 1964 as the Customary Law Regulating the selection of the Olupoti of Ipoti Chieftaincy approved on 24th December, 1987 registered on 26th December, 1987 is defective, faulty and objectionable and it is not a true reflection/codification of the Customary Law regulating the selection of a person to be the holder of the Olupoti Chieftaincy and should, therefore be null and void and of no effect whatsoever.
2. All actions purported to have been taken by:

a. the so called head of the Onidasa Ruling House namely Chief Aduramola Adesuyi, the Ejisun,

b. the so called Kingmakers of the Olupoti of Ipoti Chieftaincy namely Chief Ihurin Abinoye, Arowolo Elemkin and Kauni Ejesu respectively and

c. the secretary of Ijero Local Government in the purported nomination and selection of one Mr. Elijah Oladele Ayeni under the provision/authority of the said declaration is meaningful, null and void and of no effect whatsoever.

3. The purported selection of Mr. Elijah Oladele Ayeni an Olupoti elect by the said so called kingmakers is unlawful, null and void and of no effect whatsoever.
4. The Asso Emila and Ejemu families/branches, otherwise known as Amilede houses of the Onidara Ruling House are the only and truly the sons (Princes) of the Onidasa Ruling House of Ipoti-Ekiti and the only and truly the families/branches of the said Ruling House that can lawfully nominate a candidate(s) for selection into the vacant stool of the Olupoti of Ipoti by the true kingmaker namely the Iwaraja Mefa (the inner council) excluding the Olupoti of Ipoti namely chief Odofin of Ipoti, Sajiyan Ejiyan, Odofin Ejiyan, Ajana Owa and Odofin Owa in accordance with the customary Law of the Ipoti-Ekiti Community.
5. The proper and true Head of the Onidasa Ruling House is Chief Asao and not Chief Ejisun.
6. The Aworos namely chief Aworokin, Aworojasin and Asalu are the true and only accredited channel of consultation with the Ifa Oracle in the nomination and selection process(es) of a person to fill the vacant stool of the Olupoti of Ipoti Chieftaincy.
7. The plaintiff, namely prince Joseph Adebayo Osagawnwa having been unanimously, properly, duly and jointly nominated by the Asao Emila and Ejowu (Amilede) families/branches of the Onidasa Ruling House for the vacant stool of Olupoti be approved by the Ondo State Government.
8. An order compelling the Executive Council of Ondo State to direct the committee of the Ijero Local Government charged with the making of declarations under S.1 of the Chief Edict, 1984 to amend the said Olupoti Chieftaincy Declaration or make a new declaration to reflect the true customary Law regulating the selection of a person to be holder of the Olupoti Chieftaincy.
9. AN INJUNCTION:

i. restraining the 1st, 2nd and 3rd defendants by themselves or their servants and or agents or otherwise however from implementing or giving effect to the purported nomination and or selection of the 4th defendant, namely Elijah Oladele Ayeni as the Olupoti or Oba-elect;

ii. restraining the 4th defendant, namely Elijah Oladele Ayeni from parading or holding out himself as the Olupoti of Ipoti-Ekiti and from exercising any of the Olupoti royal functions.

The original plaintiff and appellant in this court was a prince of the Onidasa Ruling House of Ipoti-Ekiti and one of the three contestants to the stool of Olupoti of Ipoti-Ekiti the others being the 4th defendant/respondent and one Joseph Ajewole Ogunsola.

The 1st to 3rd respondents are Ondo State Government functionaries with roles to play in the execution of the provisions of Ondo State Chiefs Edict No. 11 of 1984 as regards the appointment and approval of the occupant of the stool of OLUPOTI of IPOTI.

The original 5th, 6th and 7th respondents are chiefs of Ipoti who performed the functions of kingmakers in the selection of the 4th respondent as the Olupoti elect, whilst the 8th respondent was Chief Ejisun who functioned as the head of Onidasa Ruling House but was challenged at the trial.

By Exhibit “U” the 5th-7th defendants/original respondents, as kingmakers selected the 4th respondent and recommended his appointment as the new Olupoti of Ipoti-Ekiti which appointment was challenged by the original plaintiff/appellant, on the following grounds:-

a. That the 4th respondent was not qualified to be a candidate for election/selection to the stool of Olupoti of Ipoti-Ekiti because he was not a Prince of the Onidasa Ruling House neither was he a descendant of any of the previous ten (10) occupiers of that stool.

b. That the 5th-7th defendants who acted as kingmakers were not lawful kingmakers under native law and custom of Ipoti-Ekiti and none of the lawful kingmakers -the Iwarefa – were consulted on the selection.