Chief S.C. Osagie Ii & Anor V. Chief Eugine C. Offor & Anor (1998)

LAWGLOBAL HUB Lead Judgment Report

KUTIGI, J.S.C.

This is an interlocutory appeal. It arose in the first instance from the ruling of Gbemudu, J. of the Agbor High Court, delivered on the 14th day of October, 1988.whereby he struck out the plaintiff’s action for alleged want of jurisdiction on the ground that being a chieftaincy matter, it was premature for the plaintiff to have to come to court without first seeking redress from the Prescribe Authority or the Executive Council by virtue of the provisions of Bendel State Chiefs Law No. 16 of 1979.

Dissatisfied with the said ruling, the plaintiff appealed to the Court of Appeal. Benin City. The Court of Appeal in its judgment of 23rd March. 1990, allowed the appeal, set aside the ruling of the High Court and remitted the case back to the High Court for trial on its merits by another Judge.

It is against the decision of the Court of Appeal that both the 1st and 2nd defendant have now jointly appealed to this court. The 1st and 2nd defendants will from henceforth he referred to as the appellants.

At the hearing of the appeal all the parties were absent. None of them was also represented by counsel. The parties, however, tiled and exchanged briefs of argument. The appeal was therefore taken as argued vide Order 6 rule R(6) Supreme Court Rules.

The appellants identified and formulated two issues for determination in their brief thus:-

“(1) Does the Traditional Rulers and Chiefs Edict No. 16 of 1979. Bendel State of Nigeria provide in its Section 22(2), (3)and (6) any condition precedent to the assumption or jurisdiction by the courts over suits relating to Traditional Ruler and Chieftaincy Title disputes, or in particular, the Eje of Ekuoma Chieftaincy dispute

(2)Does Section 22(2). (3) and (6) of the Traditional Rulers and Chiefs Edict No. 16 of 1979, Bendel State of Nigeria derogate from the powers of the High Courts of entertain suits in view of Section 6(6) (b) and Section 236(1) of the Constitution of the Federal Republic of Nigeria 1979”

It is thus clear from the above two issues which will he considered together, that what we are actually being asked to do is to interpret the provisions of section 22 subsections 2. 3 and 6 of the Traditional Rulers and Chiefs Edict No. 16 of 1979, Bendel State of Nigeria the entire section 22 reads thus:

Bendel State of Nigeria. The entire section 22 reads thus:-

“22.(1) The conferment of a Traditional Chieftaincy Title shall be in accordance with the customary law and shall be subject to the approval of the Prescribed Authority or where the provisions of Section 23 have been applied, to the approval of the Executive Council.

(2) Where a Traditional Chieftaincy Title is conferred on a person by those entitled by Customary Law so to do and in accordance with Customary Law, the Prescribed Authority or the Executive Council as the case may be, may approve the appointment.

(3) Where there is a dispute as to whether a Traditional Chieftaincy Title has been conferred on a person in accordance with customary Law or as to whether a Traditional Chieftaincy Title has been conferred on the right person, the prescribed authority or the Executive Council as the case may be, may determine the dispute.

(4) The decision of the Prescribed Authority or the Executive Council, as the case may he:-