Hon. Commissioner For Local Government And Chieftaincy Affairs & Anor V. Oba Adeyinka Onakade (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A.(Delivering the Leading Judgment)

This is an interlocutory appeal against the ruling of Hon. Justice E. O. Osinuga of the Sagamu Judicial Division of the High Court, Ogun State.

The Respondent’s claims at the Lower Court are as follows;

1. A DECLARATION that the listing of Alakenne of Ikenne stool as vacant on page 15 of the Programme of Inauguration of the Reconstituted Council of the Obas in Ogun State Exhibit E is null and void and of no legal effect.
2. AN ORDER setting aside the listing of Alakenne of Ikenne stool as vacant in Exhibit E.
3. AN ORDER of Perpetual Injunction restraining the Defendants/Respondents from making use of the listing of the Alakenne of Ikenne stool as vacant in Exhibit E.

AND FOR SUCH OTHER OR FURTHER ORDER OR ORDERS as this Honourable Court may deem fit to make in the circumstances.

By a Notice of Preliminary Objection dated 22/1/2013 and filed on 23/1/2013 the Appellants, who were the Defendants objected to the Jurisdiction of the trial Court to entertain and determine the suit. The ground of objection is that the suit is statute

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barred. That the time limit of three months for the institution of the suit had lapsed. The said preliminary objection filed by the Appellants was dismissed by the Court.

Dissatisfied with the decision, the Appellants have come to this Court for redress.

APPELLANT’S CASE

The contention of the Appellants is that the Court cannot entertain the suit because it is statute barred because of the time limit for the institution of such action which is 3 months from the date of the accrual of the cause of action.

The cause of action i.e the stool of Alakenne was declared vacant on the 14th day of December, 2011. The action against such declaration was filed on 3/5/2012 which was over 3 months of the time limit. This line of argument forms the basis of the preliminary objection.

RESPONDENT’S CASE:

In response to the preliminary objection the Respondent filed a written address in opposition.

What stirred the hornets’ nest was the program of the inauguration of the Reconstituted Council of the Obas in Ogun State held on 14th December, 2011 which had the stool of the Alakenne of Ikenne listed as vacant. As a result, the incumbent