Joseph Oyebode & Anor V. Elder Simon Awe & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The appeal is against the judgment of the High Court of Ekiti State, Ikole Ekiti Judicial division delivered by D. O. Jegede, J on 26th September, 2008.

The claim of the appellants as plaintiffs in the trial court, in their writ of summons and statement of claim dated the 26th day of November, 2003 and 21st day of November, 2003 respectively as subsequently amended claimed the following reliefs:

(a) “a declaration that IRODE is the only Ruling House to the Olojebu of Oke Ijebu Ekiti by the history, tradition and custom of Oke – Ijebu Ekiti, which only house should hence be dealt with in appointing a new Olojebu of Oke – Ijebu – Ekiti.

(b) a declaration that there is no Imore Ruling House to the Olojebu of Oke – Ijebu – Ekiti chieftaincy,

(c) a declaration that the Olojebu of Oke Ijebu chieftaincy declaration just made is against the tradition, custom and history of Oke – Ijebu – Ekiti and hence wrongful, illegal, unconstitutional, null and void,

(d) an order nullifying and setting aside the said declaration,

(e) A declaration that there are at present no substantive kingmakers who can validly appoint a new Olojebu Oke-Ijebu-Ekiti,

(f) an order restraining first and second defendant’s Imore family from taking any steps whatsoever towards the filling of the vacant Olojebu of Oke – Ijebu chieftaincy title,

(g) an order restraining the third, fourth and fifth defendants from dealing with the family of first and second defendants in appointing and installing a new Olojebu of Oke – Ijebu – Ekiti”.

The 7th respondent who was joined by the order of the trial court filed a counter-claim against the appellants and claimed the following relief:

“A declaration that by the native law and custom of Oke – Ijebu – Ekiti the seventh defendant is the head of all the Kingmakers to the Olojebu of Oke – Ijebu – Ekiti”.

The background facts are that the appellants made out that by the history, custom and tradition of Oke – Ijebu, it is only Irode Ruling House that has been producing candidates for the stool of Olojebu at Oke – Ijebu. In their case before the trial court as plaintiffs, they named seven Olojebus and four regents that reigned since the founding of Oke – Ijebu and insisted that none came from Imore. They gave evidence of founding and history of the chieftaincy and a background history of events to the effect that between 1957-2003, there were different committees and commissions set up by the government as a result of consistent agitations. The commissions stated that there were two ruling houses irrespective of the history of the chieftaincy. On several occasions, the Ekiti State Government asked the 5th Respondent and his council to look into the declaration. The council on each occasion found that, history, tradition and custom show that only Irode Ruling House of the appellants’ exists in Oke – Ijebu.

Thereafter, the Government proceeded to register a declaration in 2003 on Olojebu title recognizing two ruling houses. The appellants contended that there were material averments in their statement of claim which were not denied, one of which is that all the regents, that reigned in the history of the town are daughters of deceased Olojebu from Irode, was not contradicted by the then defendants.