High Chief Emmanuel Ojo Fagbemi V. H.r.m Oba Noah Adejumo Omonigbehin & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of A.S Daramola, J (now Chief Judge) of the Ekiti State High Court, Ado-Ekiti Judicial Division delivered on the 13th day of December, 2010 in which the preliminary objection challenging the jurisdiction of the lower court to entertain the 1st respondent’s suit was overruled.

The background facts are that the 1st respondent a paramount ruler of Omuo Ekiti in Ekiti East Local Government Council, Ekiti State instituted the suit at the lower court originally against the 2nd-6th respondents. The Appellant on becoming aware of the pendency of the suit applied to be joined and the prayer was granted by the trial court. The 1st respondent thereafter amended his writ of summons and statement of claim with the leave of court, in which the following reliefs were sought:

“i. A declaration that the Olomuo of Omuo Ekiti is the paramount ruler of Omuo Kingdom.

ii. A declaration that by the custom and tradition of Omuo kingdom, there is only one Oba in Omuo Kingdom.

iii. A declaration that the Elekota of Kota is a member of the kingmakers to Olomuo who is the only recognized Oba of the entire Omuo Kingdom.

iv. A declaration that it is not the custom and tradition of Yoruba land and Omuo Ekiti in particular to elevate a kingmaker to the status of an Oba.

v. An order that the Olumuo of Omuo Ekiti is the only recognized paramount ruler in Omuo kingdom and over all areas traditionally associated with Omuo.

vi. An order that Olomuo of Omuo Kingdom is the only prescribed authority over minor chieftaincies in Omuo and all areas traditionally associated with it including Kota.

vii. An order that Elekota of Kota remains a quarter head chief under the paramountcy of Olomuo according to custom and tradition and relevant chieftaincy declaration.

viii. An order of injunction restraining the defendants, their agents, servants or privies from recognizing or having anything to do with Elekota Chieftaincy in Omuo kingdom pending the final determination of this suit.”

Before the hearing of the substantive suit, the 2nd-6th Respondents filed an application challenging the jurisdiction of the lower court to entertain the suit. The said application was anchored on seven (7) grounds. The Appellant was in support of the application brought by the 2nd – 6th Respondents and filed an affidavit in support to that effect.

The appellant contended that he and the 1st Respondent submitted themselves to the Committee of Inquiry set up to look at the agitation for autonomy by the appellant, both were said to have presented memorandum to the committee of inquiry and gave evidence. At the end of the proceedings the committee of inquiry was said to have made recommendations to the Governor, in summary, to the effect that the appellant be recognized as a crowned Oba and an autonomous entity. The Governor was yet to accept the recommendations when the 1st Respondent instituted this action.

On the part of the 2nd – 6th respondents, they contended that the 1st respondent ought to have approached the lower court for a judicial review of the recommendations of the committee of inquiry, relying on Sections 1, 3 and 16 of the Chiefs Law of Ondo State 1991 as amended, as applicable in Ekiti State.