Chief Oyelakin Balogun Vs Moses Olayioye Adedosu Adejobi & Anor (1995)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C.

By paragraph 52 of  his very prolix amended Statement of Claim the plaintiff (who is the appellant) claimed from the defendants (now respondents):-

(a) Declaration that the installation and/or coronation of the 1st defendant as the Olowu of Orile-Owu is unlawful, null and void in that he is not a member of the Afelele ruling house whose turn it is to present a candidate for the stool and cannot validly be appointed as Olowu of Orile-Owu.

(b) Declaration that the appointment of the 1st defendant as Olowu of Orile-Owu is inconsistent with and contrary to the Olowu of Orile Owu Chieftaincy Declaration of 1958, as amended by Justice Ademola Commission of enquiry and is therefore null and void and of no effect, in that the 1st defendant is not a member of the Afelele ruling house.

(c) Setting aside the appointment of the 1st defendant as Olowu of Orile-Owu which was approved by the 2nd defendant.

(d) A perpetual injunction restraining the 1st defendant, his servants, privies and agents from performing the functions, duties and rites attachable to the stool of Olowu of Orile-Owu.

(e) A perpetual injunction restraining the 2nd defendant from dealing with the 1st defendant as a member of Afelele Ruling House. (italics are mine) Pleadings were duly filed, exchanged and amended.

The case later proceeded to trial at the conclusion of which the learned trial Judge (Adekola, J) dismissed plaintiff’s claims, holding:

(a) that the plaintiff was estopped per rem judicatam from instituting his action, and

(b) that on the merit, the claims must fail in that the 1st defendant is a member of the Afelele Ruling House whose turn it was to present a candidate to fill the vacancy in the Olowu of Orile-Owu chieftaincy.

The plaintiff was dissatisfied with the trial court’s judgment and appealed unsuccessfully to the Court of Appeal (lbadan Division) (Coram: Kutigi, J.C.A., as he then was, Omololu-Thomas and Sulu Gambari, .J.C.A). He has further appealed to this Court upon 18 amended grounds of appeal.  Briefs of arguments have been filed and amended by the parties. The plaintiff also filed an Amended Reply Brief. The plaintiff, who is a legal practitioner, appeared in person at the trial and in the Court of Appeal and in this Court. The defendants were represented by counsel. At the hearing of the appeal, the plaintiff was absent; he was reported ill but wrote to the court intimating that he was adopting and relying on his amended Brief and Reply Brief. Learned counsel for the 1st defendant appeared, he too adopted and relied on 1st defendant’s Brief and offered no oral arguments. Counsel for the 2nd defendant was absent and being satisfied that he was aware of the hearing date, we considered the appeal argued on his brief – vide Order 6 rule 8(6) of the Rules of this Court.

The facts of this case briefly are as follows: On 16/7/81, Oba Saka Ogungbe Akinjobi II, the Olowu of Orile-Owu died and thereby created a vacancy in the chieftaincy. It was the turn of the Afelele Ruling House to present a candidate to fill the vacancy. The plaintiff is a member of that House on the maternal side. The 1st defendant claimed to be a member of the said House on the paternal side but plaintiff disputed this fact. After series of meetings, the members of the Afelele Ruling House finally submitted only the name of the 1st defendant to the Kingmakers. The plaintiff denied this. The three available kingmakers, that is, Akogun, Olosi and Ejio, met and considered the nomination of the 1st defendant and unanimously appointed him to the office of Olowu of Orile-Owu. -This appointment was approved by the 2nd defendant on 30/11/81 and the appointment was published in the Oyo State Gazette No. 49, Volume 6 of 3/12/81. Some members of the Afelele Ruling House were unhappy about the 1st defendant’s succession to the title of the Olowu of Orile-Owu. Hence Johnson Oyebamiji Maradesa, Joel Fasanya, Atinuke Irefin and Salawu Ogunsina, acting for themselves and on behalf of the Afelele Ruling house instituted Suit HIF/28/81 against James Adeboye Aworinde (1st defendant’s half brother), 1st defendant, Irewole South-East Local Government Council with its Headquarters at Orile Owu and the Governor of Oyo State that is 2nd defendant in the present proceedings claiming:-

“(1) Declaration that the 1st and 2nd defendants, their servants, agents or privies are not members of the Afelele Ruling House of Orile  Owu and therefore cannot vie for, contest, be nominated or be appointed as Olowu of Orile-Owu through Afelele Ruling House.

(2) An order for injunction restraining the 1st and 2nd defendants, their  agents, servant” and privies from parading themselves about as members of the said Afelele Ruling House or otherwise contesting for the vacant stool of Olowu of Orile-Owu.