Chief Matthew Kayode Akinyemi V. Chief Saliu Lawal (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment)

This appeal emanated from a chieftaincy dispute between the Plaintiff Chief Mathew Kayode Akinyemi, the Obaji-Oke of Ise-Ekiti and the Respondent Chief Saliu Lawal the Obaji-Odo of Ise-Ekiti. The dispute is over usurpation of Plaintiff’s position function in Ise-Ekiti of Ekiti State by the Respondent.

The dispute started long ago around 1971 when the Respondent was installed as the Obaji-Odo in Ise-Ekiti. The Appellant alleged that the Respondent Obaji-Odo is trying as much as he could to usurp the position and customary functions of the Obaji-Oke. That the Respondent now arrogates to himself the chairmanship of Ihare and Iwarafa Chiefs as well as the kingmakers to himself contrary to native law and customs of Ise-Ekiti.

The Appellant in his Statement of Claim gave a long history of how his forefathers, Obaji-Oke migrated from Ile-Ife to Benin, later to Okeluse and finally settled at Ise- Ekiti.

That Appellant is the head of Obaji-Oke family of Ise-Ekiti. The Respondent was installed as the Obaji-Odo of Ise-Ekiti in 1971.

Appellant wrote a letter to the Ondo State Governor Office, Department of Chieftaincy Affairs Akure.

“Application for setting up independent Judicial Investigation into position struggle among Chiefs in Ise-Ekiti and recognition of Appellant’s Chieftaincy title as the next in rank to the Arinjale of Ise-Ekiti”.

The Respondent on his part in his Statement of Defence averred that as head of Iwarafa Chiefs from Ise-Ekiti he leads and supervises all deliberations and actions to be taken in respect of the installation of an Arinjale whenever the stool is vacant. The Respondent avers that ever since he was installed the Obaji-Odo, Ise-Ekiti in the year 1971, by Oba Adeyeye he has supervised and headed the Iwarafa Chiefs in Ise-Ekiti. Respondent avers that in the hierarchy of Chiefs in Ise-Ekiti, the title of Obaji-Odo is the next to the Arinjale of Ise-Ekiti, who is the paramount Traditional Ruler.

The Respondent denied the story as told by the Appellant and insisted that through history, the Obaji-Oke does not perform any function with the Arinjale of Ise-Ekiti.

The Appellant herein as Plaintiff by the Writ of Summons issued on the 28th day of May, 2008 filed at the Ekiti State High Court, Ise-Ekiti commenced action in suit No. 1115/1/2007 against the Respondent. In paragraph 47 of the Statement of Claim the reliefs sought against Respondent are formulated thus:

(a) A declaration that by the history, native law and custom of Ise-Ekiti the Plaintiff is the Chairman of lare-Odose group of Chiefs of Ise-Ekiti as well as the king-makers to the Arinjale of Ise-Ekiti.

(b) A declaration that by the history, native law and custom of Ise-Ekiti, Plaintiff is a high Chief, Chairman of the Kingmakers and one of the Iwarefas in Ise-Ekiti, second in rank to the Oba Arinjale and head of lare Odose group of Chiefs in Odose, Ise-Ekiti.

(c) An order of perpetual injunction restraining Defendant from parading styling and calling himself an Iwarefa or Kingmaker or head of Kingmakers or head of lare group of Chiefs or head of Obaji Oke extended family and from performing any function or enjoying any salary, emolument, perquisites or honour, appertaining to the title and from usurping the position of the Plaintiff but to confine himself to his minor title under Plaintiff.

After pleadings were filed and exchanged, the Appellant called three witnesses. Thereafter the Respondent by a Notice of Preliminary Objection dated 24th day of September, 2009, objected to the jurisdiction of the trial Court on the following grounds: