H.R.H. Alhaji Ibrahim Sulu-gambari & Ors. V. Alhaji Saadu A.O. Bukola (2003)

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PATRICK IBE AMAIZU, J.C.A.

This is an appeal against the ruling of Orilonise J., of the Kwara State High Court, sitting at the Ilorin Division of the court. The ruling was delivered on Wednesday, the 25th day of July, 2001.

The facts which led to the ruling, and also to this appeal so far as they are material to the question which calls for our determination are – the plaintiff in the substantive suit was appointed the Alaboto of Aboto-Oja in July, 1998, in accordance with the custom and tradition of Aboto-Oja.

Following a misunderstanding between him and the Asa Local Government Council which pays his salary, he was given a query.

It was dated 17th August, 2000. He answered the query on the 21st of August, 2000. The Local Government Council was not satisfied with his reply and recommended his removal. He was accordingly removed from office by the Ilorin Emirate Council.

By letter dated 13th November, 2000, the 2nd defendant was appointed to replace him as the Alaboto of Aboto by the 1st defendant.

Following the appointment, he brought an action in the lower court, claiming among other things, a declaration that he is still the Alaboto of Aboto-Oja in Asa Local Government Area. He filed simultaneously a motion on notice praying the court for the following reliefs:-

“1. An order of interlocutory injunction restraining the 1st and 3rd defendants, their agents, privies servants or however called from recognising or installing or performing any act of coronation of 2nd defendant as the Alaboto of Aboto-Oja pending the hearing and determination of the substantive suit.

2. An order of interlocutory injunction restraining the 2nd defendant herein Mallam Kasali Yakubu from parading himself, calling or ascribing to himself the title of Alaboto of Aboto-Oja or in any other way holding himself out as Alaboto of Aboto-Oja or in any other way portraying himself as such, pending the hearing and determination of the substantive suit.
3. An order of interlocutory mandatory injunction compelling the 1st and 3rd defendants to recognise and treat the plaintiff/applicant herein as Alaboto of Aboto-Oja, Asa Local Government Area, Kwara State pending the hearing and determination of the substantive suit”.

And for such order or other order as this Honourable Court may deem fit to make in the circumstances,

Following a preliminary objection raised by the learned counsel for the respondents, the lower court in a ruling delivered on the 28th February, 2001, after hearing counsel on the objection, stated thus:

“On the plaintiffs’ motion for an order of mandatory injunction to compel the 1st and 3rd defendants to recognise and treat the plaintiff as the Alaboto of Aboto-Oja pending the hearing and determination of the substantive suit, I share Mr. Olomula sentiments that a permanent or mandatory injunction cannot be sought in an interlocutory application or by a notice of motion (sic). That is therefore struck out”.

Thereafter, the lower court heard argument on the two remaining reliefs sought by the plaintiff. In a considered ruling delivered on 25th July, 2001, the court ruled as follow:-

I find from the pleadings, the affidavits and counter affidavits filed in this suit so far that not only is there a serious issue to be tried in the substantive suit but that the applicant has a strong probability of succeeding in his reliefs against the respondents.

For the above reasons therefore the application succeeds in part and is granted as prayed. The 2nd respondent Mallam Kasali Yakubu is restrained from parading himself, calling or ascribing to himself the title of Alaboto of Aboto-Oja or in any way portraying himself out as such pending the determination of the suit.