Chief Olalibo Osain Ibokolo & Ors. V. Chief Sambo Ayesa Tariah & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

M. DATTIJO MUHAMMAD, (OFR), J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the Bayelsa State High Court dismissing plaintiffs’ entire claim and granting all the declaratory reliefs sought by the defendants. The judgment is dated 27th June 2007.

The plaintiffs, the appellants herein, by a writ of summons filed on 20th December, 1999 commenced Suit No. YHC/87/1999 against the defendants and by their statement of claim dated 8th May, 2001 sought the following declaratory and injunctive reliefs.

“(a) A declaration that the Ibokolo Royal Group of Houses are the Traditional and customary owners occupant and entitled to produce the Obenema (Amayanaba), the head and paramount ruler of Dorgu Ewoama Community in the Okorema clan, Okoroma/Teneke Local Government Area Bayelsa State.

(b) An order of perpetual injunction restraining the defendant by himself, his agents, allies, associates, supporters, servants and howsoever described from parading himself as the Obenema (Amayanabo) or head or under any guise as the paramount ruler of Dorgu Ewoama Community, Okoroma clan in Bayelsa State and

(c) An order of perpetual injunction restraining the defendant by himself his agents, allies, associates supporters, servants and howsoever described from dealing with, tempering and or interfering with Dorgu Ewoama Community Properties”

The original defendant in the suit joined statement of defence dated and filed on 26th March 2003. Two other persons, the 2nd and 3rd respondents were, pursuant to the lower court’s leave, joined as co-defendants.

The 1st defendant subsequently took out a writ against the 1st, 2nd and 4th plaintiffs in Suit No. YHC/87/99 and the Nigerian Agip Oil Co. Ltd to commence Suit No. YHC/25/2000 seeking the following reliefs:

“1. A DECLARATION THAT under traditional customs of Okoroma clan as applicable to Dogu (Ewoama in Nembe now Okoroma/Tereke) Local Government Area of Bayelsa State the plaintiff was duly installed coronated as OBENEMA (Amanyanabo/king) of Dogu Ewoama on 26/10/96 by the lawful King makers of Ologoama traditional headquarters of Okoroma clan.

2. A DECLARATION THAT the Royal Stool of Dogu Ewoama is the absolute and exclusive preserve of the AKINAM-EBEDE ROYAL HOUSE of Dogu Ewoama.
3. A DECLARATION THAT the 1st – 3rd defendant not being members or representation of eth Royal House of Dogu Ewoama cannot represent and obtain Community/Royal contract from NOAC.
4. AN ORDER OF PERTETUAL INJUNCTION restrain the first, second and third defendants, their servants agents and privies from carrying out or continuing to carryout any act or omission or doing anything or continue to do anything under the guise of being representatives or members of the Royal House of Dogu Ewoama and on that basis obtain or continue to obtain contractual benefits of any kind from Nigerian Agip Oil Co. Ltd. (NAOC).
5. AN ORDER OF PERPETUAL INJUNCTION restraining the 4th defendant its servants agents or privies from howsoever dealing or continuing to deal with the first, second and third defendants as being or in the name of the first, second and third defendants being representatives or members of the Royal family of Dogu Ewoama in contracts or other communal representations of any kind to come or now ongoing.”

The 1st, 2nd and 4th appellants as defendants in the subsequent Suit No. YHC/25/2000 filed their statement of defence on 18th November 2003. The two suits were consolidated by order of court dated 27th January, 2005. The plaintiffs in Suit No. YHC/87/1999 became the plaintiffs in the consolidated suit while the defendants in the said suit became the defendant in the consolidated suit with their claim in Suit No. YHC/25/2000 being treated as a counter claim.

Pleadings were filed and exchanged. Plaintiffs’ case as can be gathered from their statement of claim is that they head the various houses within the Ibokolo ruling group of houses in Dorgu Ewoama Community of the Okoro-Ama clan in Bayelsa State. They aver that their group of houses is the customary and traditional owners of all the parcel of land that comprises Dorgu Ewoama within Okoroma in the Okoroma/Teneke Local Government Area of Bayelsa State. They claim ownership of the land having inherited same from generation to generation through their ancestors. King Ibokolo was their original ancestor. It is their further case that their Royal group of houses granted land to subsequent settlers at Dorgu Ewoama including the defendants. The reliefs they seek in paragraph 27 of their statement of claim are predicated on these facts.

The defendants disputed plaintiffs’ claim of ownership of Dorgu Ewoama tracing their lineage to Akinam/Ebede Royal house of Dorgu. It is their case that Ebede Igwe was the founder of the land after subduing some people at Oloibiri. The land he so founded was known then as Seipiri, an evil forest. Ebede with the help of his Uncle Akiribe, a native doctor appeased the spirits of the evil forest thereby sanctifying the land and making it habitable for his people.

The two sides relied on traditional history and called two witnesses each to prove their respective cases. In a considered judgment dated 27th June, 2007, the court dismissed the plaintiffs’ entire case and granted the defendants all the reliefs they sought. Aggrieved by the decision, the plaintiffs have appealed vide their Notice dated 14th but filed 15th August 2007 as amended.

Parties have filed and exchanged their briefs of argument. Same were adopted and relied upon at the hearing of the appeal. The three issues formulated in the appellants brief as calling for determination in the appeal are: