Emmanuel Adekunle Alabi V. George Akinyele Adeleye & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision (Ruling) of the High Court of Justice, Ondo State sitting at Oka Akoko delivered by the Honourable Justice C.E.T. Ajama on 22/6/2009.

By a Writ of Summons and Statement of Claim dated 11-5-2009 and filed on 12-5-2009, the 1st Respondent as plaintiff (for and on behalf of his Faborode Asaloke Ruling House of Okeogboron Quarter supare) took out this action against the present Appellant and the 2nd – 6th Respondents as Defendants.

By paragraph 34 of the statement of claim, the 1st Respondent as plaintiff claims against the defendants jointly and severally as follows:

(a) Declaration that the purported selection/appointment/installation of the 1st defendant by the 2nd and 3rd defendants as Chief Olokeogboron of Okeogboron quarter of Supare Akoko South West Ondo State is null and void and of no effect whatsoever as it is against the provisions of Chiefs (Amendment) Edict 1991 and supare’s tradition and custom.

(b) Order of the court setting aside the said purported election/appointment/installation of the first defendant as Chief Olokeogboron of Okeogboron supare and all the activities already taken either by the 2nd and 3rd defendants or by any person or authority for that matter towards the selection/appointment/installation of the 1st defendant as Chief Olokeogboron of Okeogboron supare.

(c) Injunction, restraining the 1st defendant from parading himself, holding out himself or declaring himself as Chief Olokeogboron of Okeogboron quarter Supare Akoko South West Local Government Area, Ondo State.

(d) Injunction restraining the 2nd, 3rd, 4th, 5th and 6th defendants by themselves, their agents, privies, officers, or anybody claiming through them or acting on their respective behalf from recognizing, regarding, holding out, addressing, treating or relating with the 1st defendant as Chief Olokeogboron of Okeogboron quarter supare Akoko South West Local Government Area, Ondo State.

By a Notice of preliminary objection dated 2-6-2009 and filed on 4-6-2009, the Appellant as 1st defendant in the Court below objected to the competence of the plaintiff/1st Respondent’s action on the ground that “the suit is pre-mature as the plaintiff did not comply with the mandatory provisions of Section 9(4)(5) and (6) of the Chiefs (Amendment) Edict 1991, and Section 1 of the Chiefs (Amendment)(No. 2) Edict 1991”

In determining the preliminary objection by the 1st defendant Appellant, the learned trial judge held sundrily as follows:

“———— The ruling of this Honourable Court in suit No. HKA/2/2009 which was cited by the 1st Defendant’s counsel, was on a similar objection raised by the plaintiff here against a suit filed by the 1st Defendant who then sued as the plaintiff. In that suit which also had to do with Olokeogboron Chieftaincy, the Court cited the case of Nkuma V. Odili (2006) 6 NWLR (pt 777) 587 and some other authorities where the Court held that in determining whether the Court has a jurisdiction to entertain a Chieftaincy matter or not, the claim before the Court as endorsed in the statement of claim is what the Court has to look at.

In the instant case that is no doubt that the Olokeogboron Chieftaincy for which the disputants and others are in Court – is a minor Chieftaincy and that the 2nd Defendant, the Olusupare of supare is the prescribed authority in Supare Land.

He is here sued as 2nd Defendant and not only has he filed a Statement of Defence in this matter admitting all the allegations of fact in the statement of claim, his counsel has argued against the preliminary objection raised in Court by the 1st Defendant, meaning that the prescribed authority of supare land prefers this case to be heard on its merits”

Secondly, and after referring to the provision of Section 9(4)(5) and (6) of the Chiefs Edict 1991, the learned trial judge further held at page 35 of the record of appeal thus: