Chief D.A. Odusole V. The Military Governor of Ogun State & Ors. (2002)

LawGlobal-Hub Lead Judgment Report

ONALAJA, J.C.A. 

The plaintiff now referred to in this judgment as appellant, issued a writ of summons against the 1st to 6th defendants hereinafter called the 1st to 6th respondents at Ijebu Igbo Judicial Division High Court, Ogun State, holden at Ijebu Igbo High Court, wherein appellant endorsed the writ of summons with the particulars of claim as follows:-

“The plaintiff’s claim is for

(1) A declaration that the appointment of the plaintiff as the Olorilu of Ojowo in 1988 made by the Orimolusi of Ijebu Igbo, in the lawful exercise of his duty as the prescribed authority for the appointment of minor chiefs, whose chieftaincy are associated with the native community in the area traditionally associated with Ijebu Igbo, under section 22(1) of the Ogun State Chiefs Law 1978, and confirmed on the 22nd December, 1990, is valid, legally and constitutionally subsisting.

(2) A declaration that the purported appointment of one Chief Mr. David Adebayo Kuyeba, as the new Olorilu of Ojowo made by the Executive Council of Ogun State, purportedly made on 18th November, 1991, is arbitrary, meddlesome, unlawful and unconstitutional.

(3) An order of perpetual injunction restraining the defendants, their agents and or privies from appointing any other person as the Olorilu of Ojowo other than the plaintiff.”

The writs of summons were served individually on 1st to 6th defendants. The 1st to 6th defendants had a joint legal representation whilst the 6th defendant was represented by a learned Counsel. After services of the writ of summons on all defendants/respondents, pleadings were filed, delivered and exchanged, the trial was concluded on appellants’ statement of claim at pages 3 and 4 of the record of appeal and reply to the defendants/respondents’ statement of defence at pages 58 and 59 of the record of appeal.

The 1st to 5th respondents filed a joint statement of defence at pages 51 to 53 of the record of appeal.

Originally 6th respondent filed a statement of defence in the course of trial he sought and was granted leave to amend the statement of defence as recorded at pages 85 to 87 of the record of appeal.

The appellant averred in the undermentioned paragraphs of the statement of claim as follows:-

“(8) The plaintiff avers that in 1988, he was appointed as the Olorilu of Ojowo by the Orimolusi of Ijebu Igbo, in the lawful exercise of the authority vested in him by law.

(9) The plaintiff states that the said appointment was duly communicated to the Executive Council of Ogun State and to the office of the Governor of Ogun State.

(10) The plaintiff contends that his said appointment was generally acceptable to the entire indigenes of Ijebu Igbo and particularly the natives of Ojowo.

(11) The plaintiff states that the said appointment was subsequently confirmed on the 5th October, 1991, the plaintiff will at the trial rely on the –