Chief Mark Olugbemi Obada & Ors. V. Military Governor Of Kwara State & Ors. (1994)

LawGlobal-Hub Lead Judgment Report

BELGORE, J.S.C.

The plaintiffs in the trial court are the appellants here as they were in the Court of Appeal, Kaduna branch. They all come from a village called Ponyan, then in Kwara State but now in Kogi State. Their complaint is that they have three ruling house who in rotation supply the Chief (Oba) of the town.

The ruling houses, according to them, are ILARO, OTUN AND ODO-OJA. The first two had supplied the last two Chiefs and it was then the turn of Odo-Oja to nominate a Chief and that the kingmakers, who the then appellants claim to be, nominated one D. L. Obasa as Oba of Ponyan. This name, as a formality was forwarded to kwara State Government for approval. But contrary to this advice to Government, the “first and second defendants” appointed the third respondent.

Chief Ezekiel Omoboye Omopariola as Oba of Ponyan by Edict No 2 of 1988, an Edict the plaintiffs claim to be aware of only in Court at Lokoja on 23rd March, 1988. As a result the plaintiffs/appellants had to amend their Statement of Claim, It appears that there was a previous ruling in the same matter against the appellants at the same Lokoja High Court on this subject matter which they never appealed. The present appeal therefore arose out of a new cause whose claims are as follows:

“Whereof the plaintiffs claim against the defendants jointly or severally as follows:

“1. A declaration that under Kwara State Edict No. 3 of 1988 the plaintiffs having paid N10,000 are entitled to challenge the validity of the appointment of the 3rd defendant as Oba of Ponyan by the 1st and 2nd defendants.

2. A declaration that the appointment of the 3rd defendant as Oba of Ponyan by the 1st and 2nd defendants is null and void and of no effect.
3. A declaration that the appointment of Mr. D. L. Obasa as Oba of Ponyan by the kingmakers of Ponyan village is valid and subsisting.
4. A declaration that the three Ruling Houses in Ponyan are ILARO, OTUN AND ADO-OJA and not Omo-Agbon, Omo-oga and Ishima.
5. An injunction restraining the 3rd defendant from parading or presenting himself as the Oba of Pony an village in Oyi local Government Area of Kwara State or from performing any functions relating to or connected with the Oba of Ponyan stool.”

Against this the defendants/respondents raised preliminary objections in their statement of defence that

“1. the High Courts Jurisdiction has been ousted by virtue of S.5 Decree No. 1 of 1984 and Ss. 1, 2(b) (1) of Decree No. 13 of 1984.

2. the High Court of Kwara State, sitting at Lokoja judicial Division, had on 3rd May, 1988, ruled that it had no jurisdiction in a similar matter by the appellants and that they have not appealed against that decision. A similar ruling on identical points of law by the Kwara High Court was upheld by Court of Appeal in appeal No CA/K/150/86 on 7th June, 1988.”

Learned trial Judge decided that he had no jurisdiction to entertain the suit and relied on the Decree No.1 of 1984. An appeal was lodged at Court of Appeal, Kaduna branch which dismissed the appeal and affirmed the decision of High Court of Kwara State. For clarity, the following grounds of appeal were filed:

“GROUNDS OF APPEAL

1. The learned Justices of the Court of Appeal erred in law by affirming the trial court’s decision that the court lacked jurisdiction to entertain the appellants’ claims.

Particulars

(i) The appellants have legal right under Kwara State Edict No.3 of 1988 to challenge the validity of the appointment of the 3rd respondent after complying with the conditions thereunder.

(ii) Kwara State Edict No. 3 of 1988 is not inconsistent with any Decree or the unsuspended provisions of the 1979 constitution.

(iii) The respondent cannot challenged the validity of Kwara State Edict No. 3 1988 which conferred legal right on the citizens of Kwara State by virtue of Decree No. 1 of 1984.