H.R.H. Oba Samuel Adebayo-adegbola & Ors. V. Mr. James Olatunde Idowu & Ors. (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

M.B. DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment)

The Judgment of Hon. Justice M. L. Abimbola of the Oyo State High Court, holden at Eruwa Judicial Division, delivered on the 20th day of January, 2011 was against the 1st – 7th Appellants and 3rd – 5th Respondents as Defendants and in favour of the 1st and 2nd Respondents as Plaintiffs. In this judgment the parties will simply be referred to as Appellants and Respondents as reflected in the names of the parties in this appeal.

It is necessary to state that the 5th Respondent filed no brief though dully served with the processes and notices of hearing.

This appeal is therefore determined on the brief of the Appellants, the 1st and 2nd, and the 3rd and 4th Respondents’ briefs respectively.

The facts of this appeal are rooted in the suit of the 1st and 2nd Respondents as the Plaintiffs taken out at the High Court as noted above. The Respondents sought eight reliefs, the details of which were eventually conveyed in a Consequential Further Amendment Statement of Claim. The reliefs are:

i. Declaration that under the Custom and Chieftaincy Declaration of Eruwa, meeting for nomination of candidates by Ruling Quarters can only be summoned by the eldest member of the Ruling Quarters whose turn it is to provide candidates and that any meeting not so summoned is invalid and void.

ii. Declaration that the 2nd Plaintiff and Prince Lamidi Olaoye Okunlola and Prince Abiodun Ojelade are the person duly and validly nominated by the Laribikusi Ruling Quarters.

iii. Declaration that the purported meeting summoned by the 7th Defendant where the 1st Defendant was nominated not being meeting of Laribikusi Ruling Quarters and not having being summoned or attended by the eldest member of Laribikusi Ruling Quarters was improperly constituted, ultra vires, null, void and of no effect.

iv. Declaration that following the death of Oba Bolanle Olaniyan from the Akalako Ruling Quarters, is the turn of Laribikusi Ruling Quarters to present the new Eleruwa and the 1st Defendant being a member of the same Akalako Ruling Quarters with late Oba Bolanle Olaniyan is not qualified to contest or ascend the throne.

v. Declaration that selection and approval of the 1st Defendant by the kingmakers is ultra vires in excess of their powers, null and void, since the kingmakers are entitled to select from the list submitted by the Ruling Quarters and the 1st Defendant’s name is not part of the nomination of Laribikusi Ruling Quarters.

vi. An Order setting aside the purported nomination, selection and approval of the 1st Defendant as the new Eleruwa of Eruwa.

vii. An Order restraining the 2nd -10th Defendants from recognizing or continue to recognize the 1st Defendant as Eleruwa of Eruwa.

viii. An Order directing the 2nd -10th Defendants and the Ikolaba of Eruwa if any to reconsider the nomination made by Laribikusi Ruling Quarters and select a candidate to the stool of Eruwa for approval of the 9th Defendant.

In a considered judgment delivered by the learned trial judge, all the reliefs of the 1st and 2nd Respondents were granted. The trial Court however went a step further and ordered the inclusion of the candidate of Lasubu section of the Laribikusi Ruling Quarters along with the other three candidates of the other sections for consideration by the kingmakers.