Chief Olawole Unuigbokhai & Ors V. Chief Daniel Aigbevboisa & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This appeal emanated from the Judgment of High Court of Justice, Edo State of Nigeria in the Afuze Judicial Division in Suit No:- HAF/19/2012 CHIEF DANIEL AIGBOVBIOISA & 5 OTHERS AND ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE EDO STATE & 4 OTHERS, delivered on 8th day of April 2013, wherein Judgment was entered in favour of the Claimants.

Briefly, the facts of the case are that the Claimants now Respondents filed a suit by Originating Summons asking for the following reliefs:-

(a) A declaration that by the provisions of the Registered Declaration Bendel State Legal Notice (BSLN) 141 of 1979 otherwise known as the Declaration of Customary Law Regulating Succession to Traditional Ruler Title, particularly paragraphs 2 and 4 thereof and the provisions of Sections 11, 13(1), 2(c) (ii), 14(c), 19(3) (c), 20(1) ? (2)(b) of the Traditional Rulers and Chief Law 1979, Section 6(b) of the Constitution of the Federal Republic of Nigeria 1999 as amended as well as the order ofGovernment

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injunction granted in suit No HAF/15/2004 Chief Kayode Ojeseime Ajakaiye Vs Chief Julius Segun Ojeabuo & Ors the Orake-Olila ruling house is yet to produce the Ovie and its ten year tenure has not begun to run.

(b) A declaration that the defendants cannot commence or continue the celebration of the Ikherevbo and Imuewe age grade festivals which marks the promotion of the Otunesa age grade to Ikherevbo, the Ikherebo age grade to Imuewe and Imuewe age grade to Ikheghoki age grade from which a new Ovie of Otuo from another ruling house to wit Ohiekha ? Ighera (also known as Iziokha- Ighera) would emerge while suit No. HAF/15/2004 Chief Kayode Ojeseime Ajakaiye Vs Chief Julius Segun Ojeabuo & Ors is yet in Court.

(c)An order of perpetual injunction restraining the defendants from commencing or continuing the celebration of Ikherevbo and Imuewe age grade festivals which mark the promotion of the Otunesa age grade to Ikherevbo, the Ikherevbo age grade to Imuewe and Imuewe age grade to Ikheghoki age grade or doing, performing, celebrating or attempting to do, perform, celebrate anything, festival or ceremony

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that can or would have or has the effect of rendering the outcome of suit No HAF/15/2004 Chief Kayode Ojeseime Ajakaiye Vs Chief Julius Segun Ojeabuo & Ors nugatory including commencing or continuing the celebration of the Ikherevbo and Imuewe age grade festivals during which the Otunesa age grade moves to Ikherevbo, the Ikherevbo age grade moves to Imuewe and transit to Ikheghoki age grade from which a new Ovie of Otuo from another ruling house to wit Ohiekha-Ighera (also known as Iziokha-Ighera) would emerge while suit no is yet in Court and the term of the Orake-Olila ruling house has not begun to run.

At the conclusion of hearing and addresses by counsel for the parties, Judgment was given in favour of the Claimants and the Court declared that by the provisions of the Registered Declaration Bendel State Legal Notice (BSLN) 141 of 1979 otherwise known as the Declaration of Customary Law Regulating Succession of Traditional Ruler Title particularly paragraphs 2 and 4 thereof and the provision of Section 11, 13(1) (2) (c) (ii) 14(c) 19(3)(c) 20(i) & 2(b) of the Traditional Ruler and Chiefs Law 1979 and Section 6(b) of the Constitution of

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the Federal Republic of Nigeria (as amended), the Orake-Olila Ruling House is yet to produce the Ovie and its ten year tenure has not begin to run.

Dissatisfied with the said Judgment, the Appellants appealed to this Court.