Chief Gafaru Arowolo V. Chief Sunday Olowookere & Ors (2011)

LAWGLOBAL HUB Lead Judgment Report

OLUFUNLOLA OYELOLA ADEKEYE, J.S.C

This appeal is against the judgment of the Court of Appeal, Ibadan Judicial Division delivered on the 21st of November, 2002. The 1st respondent in this appeal as plaintiff instituted this action at the High Court of Ogun State, Abeokuta Judicial Division pursuant to the leave granted by the Court to prosecute the case in a representative capacity for and on behalf of the Adogun-Atele family of Itele on 18th of September, 1992. The claims of the plaintiff/respondent as endorsed in the writ of summons of the 20th of April, 1993 are as follows: –

(a) Declaration that under the hereditary custom and traditions of Itele town, Ota, Ogun State, only the Adogun-Atele family comprising four Ruling houses namedly; Imidawo Ruling House, Ogunrombi Ruling House, Osa Ruling House and Alagbeji Ruling House are eligible to hold the chieftaincy title of Oba of Itele, first held by the plaintiff’s ancestor Adogun-Atele, the founder of the town and which title is now classified as Part II title under the Chiefs Law of Ogun State, 1978.

(b) Declaration that the 1st defendant not being a descendant of Adogun-Atele within any of the foul ruling houses is ineligible to hold the title of Oba of Itele.

(c) Declaration that the Ado-Odo Local Government was not designated by an order to be the competent Council for the Oba of Itele Chieftaincy title and all acts of the Council pertaining to the appointment without a registered declaration and installation of the 1st defendant as Oba of Itele were illegal, null and void.

(d) Declaration that the letter CHM2/27/172 of 25th March, 1992 addressed to the Chairman of Ado-Odo/Ota Local Government by the 2nd defendant to process the appointment papers into the Oba of Itele and all steps taken pursuant thereto including selection, appointment, approval of appointment and installation of 1st defendant as Oba of Itele were illegal, null and void under Sections 3, 4, 5, 6, 7 and 8 of the Chiefs Law (CAP 20) Laws of Ogun State, 1978 and have violated the customary hereditary rights of over one hundred years of the plaintiff’s family.

(e) Order that the installation of the 1st defendant as the Oba of Itele carried out by the 2nd defendant on 29th August, 1992, the next day that previous suit HCT/25/1992 was struck out without a valid selection, appointment and approval and without the customary three months Ipebi ceremony was illegal, null and void.

(f) Injunction restraining the 1st defendant from occupying the stool of Oba of Itele and from exercising the powers or performing the duties attached.

In the process of trial before the High Court, the plaintiff /respondent gave traditional evidence at pages 22-92 of the record of the genealogy of his family traced to his ancestor, Adogun-Atele the first Oba of Itele. He came to settle at Itele from Benin City. Adogun-Itele four children – had Imidawo, Ogunrombi, Osa and Alagbeji. The names became the Ruling Houses who are up till now and for over 200 years are eligible to hold the Chieftaincy title of Oba of Itele namely: –

(a) Imidawo Ruling House otherwise called Ijagona Ruling House.

(b) Osa Ruling House also known as Isunba Ruling House.

(c) Ogunrombi Ruling House otherwise referred to as Idotele Ruling House.

(d) Alagbeji Ruling House sometimes called Ipotobo/Ilogun Ruling House.

He gave the names of the descendants of the four children of Adogun-Itete and particularly his own lineage traced down from Osa to Alimi Akapo his own father. He gave the names of the descendants of Adogun-Atele who had reigned as Oba as six in number and when Baleship was introduced three members of the family had reigned at different times. There is no Olaforikanre Ruling House or Aro Ruling House as claimed by the respondent. The only person who reigned in Itele and was pot from Adogun-Itele line was Raugu Ilo who was imposed on Itele by the Olota of Ota, Oba T.T. Dada. The plaintiff/appellants father was one Fagbemi Arowolo who hailed from Totowu and came to live in Itele after the death of his father Okunupo. He was a brother to Ogbe the wife of Owofunmi. Owofunmi, a descendant of Adogun-Atele through Ogunrombi lineage was the first Bale of Itele, He denied that the 1st defendant/ appellant had any blood relationship with the past Obas or Bales of Itele. The names claimed by him as descendants of Alagbeji his ancestor are names of compounds in Itele established by Adogun-Atele. It was the traditional history of the 1st defendant/ appellant that he was entitled to be an Oba in Itele through his ancestor, Ogungbeji Alagbeji – the first settler in Itele. He came to Itele from Ile Ife over 300 years ago. He had two children – Olaforikanle and Aro. He is from the Ido-tele branch of Olaforikanre Ruling House. There had been seven Onitele before him from Alagbeji and three Bales – the last of who was Raugu Ilo. He gave the names of his ancestors. Suberu gave birth to his father Abudu Arowolo.