Chief M. A. Oyelami & Ors V. Military Administrator of Osun State & Ors (1999)

LawGlobal-Hub Lead Judgment Report

ONALAJA, J.C.A. 

Plaintiffs claimed in the High Court of JUSTICE, ILE IFE OSUN STATE formerly OYO State against 1st, 2nd, 3rd, 4th and 5th Defendants as follows:-

“(i) The WINGBOLU/AKITIKORI Family is, according to the custom, history tradition of ODE OMU, the only Ruling Houses for the Baale of ODE OMU Chieftaincy title in the Irewole Local Government, Oyo State.

(ii) The purported 1961, Chieftaincy Registered Declaration is a gross violation of the Custom history and tradition of ODE-OMU and is therefore null and void and of ‘no effect either as an instrument or at all.

(iii) The said purported Declaration was not made in accordance with the Chief’s Law Cap 19.

(iv) The 4th Defendant is not entitled under the Custom, history and tradition of ODE OMU or at all to be considered or recommended for or be appointed to or be installed as the Baale of ODE OMU following the death of one Bakare Ojo in July 1987.

(v) The purported election and recommendation of the 4th Defendant as communicated in a letter on or about 10th August, 1987, to the Oyo State Government for appointment as Baale of Ode Omu is contrary to the custom, history and tradition of ODEOMU, the 4th Defendant not being a member of the one and only Ruling House to wit: the WIN-GBOLU/AKITIKORI Family.

(vi) The action of the Government of Oyo State in purporting to approve the recommendation of the 4th Defendant for the title of Baale of ODE OMU is invalid, null and void and of no effect being contrary to the custom, tradition and history of ODE OMU.

(vii) A perpetual injunction against the 1st, 2nd, and 3rd Defendants, their servants, agents and privies from taking any further step whatsoever in regard to the recommendation or appointment or installation of the 4th Defendant as Baale of ODE OMU.

(viii) A perpetual injunction against the 4th and 5th Defendants from parading themselves either as candidates for the Baale of ODE OMU or as being entitled to the Chieftaincy title through their respective “lines” or at all.”

Pleadings were delivered and exchanged after which the case proceeded to trial which led to the delivery of judgment by the High Court of ILE IFE with coram as T. O. ADENIRAN J. on 15th March, 1990.

Being dissatisfied with the judgment of the High Court of Justice ILE IFE led to lodgment of an appeal to this Court, the Court of Appeal. After arguments on the appeal it dismissed the appeal as per the judgment of this court on 18th July, 1997. A copy of the judgment was marked as exhibit FS1 in the supportive affidavit of the Motion on notice filed in this court on 23rd July, 1997 wherein the Appellants now referred to in this Ruling as 1st to 4th Appellants (for themselves and on behalf of WINGBOLU/AKITIKORI RULING HOUSE brought application under Sections 16 and 18 Court of Appeal Act Cap 75 Laws of the Federation of Nigeria 1990, Order 1 rule 20 and Order 3 rule 23 Court of Appeal Rules 1976. The motion was consequential to the dismissal of the appeal lodged in this court.

Applicants aggrieved with the judgment of this court lodged an appeal to the Supreme Court through the notice of appeal marked Exhibit FS2 in the application that gave rise to this ruling.

This 1st, 2nd, 3rd, 4th and 5th Defendants/Respondents in the said appeal are henceforth referred to in this ruling as 1st to 5th Respondents respectively.