Joshua Alao V. Gbadamosi Akano (1988)

LawGlobal-Hub Lead Judgment Report

B. CRAIG, J.S.C.

This case involves a dispute as to who was entitled to be appointed the Bale of Oke-Oyi in Kwara State, and the controversy has been through all the Courts of the land on two occasions. This is its third orbit. Unfortunately the parties in this case did not tender all the judgments delivered in those courts and this has made it difficult to fully appreciate the reasons for some of the orders made in the case.

The dispute started when the former Bale died and the Respondent was appointed to succeed him. The Appellant took objection to this, and sued the Respondent to Court. The writ of summons in that case (Suit No.KWS/II/1973) can be found at page 80 of Exhibit 2 and it was for the following claims:-

“The Plaintiffs in this case claim:

(i) a declaration that the title of Bale of Oke Oyi can be lawfully conferred only on members of the Bale Oke and the Bale Isale ruling houses of Oke Oyi town in Kwara State.

(ii) a declaration that the selection, recommendation and approval of the 1st defendant as the Bale of Oke Oyi was not done according to Oke Oyi native law and custom and that it was ultra vires the 2nd, 3rd and 4th defendants to have selected recommended and approved the appointment of the 1st defendant as Bale of Oke-Oyi;

(iii) a declaration that the purported appointment of the 1st defendant as the Bale of Oke-Oyi is “irregular, null and void and of no effect”.

(iv) a declaration that the 1st plaintiff was lawfully nominated and appointed as the Bale of Oke Oyi by the traditional king-makers in accordance with the Oke-Oyi native law and custom and as such that he (1st plaintiff) is the Bale of Oke-Oyi.

and (v) an injunction to restrain the 1st defendant “from acting as the Bale of Oke Oyi and from performing any of the customary functions or receiving and enjoying the customary perquisites attached to the said Bale’s title.”

According to the Respondent’s brief, that case came before Kawu, C. J. (as he then was) and he held that the High Court had no jurisdiction to entertain Chieftaincy matters (the judgment in that case was not exhibited). He therefore struck out the case. The plaintiff in the case appealed to the Supreme Court. (There was no intermediate Court of Appeal then), and in Suit No. SC.280/1974, that court, (per Elias C.J.N.) allowed the appeal, and ruled that:-

1. The High Court had jurisdiction to try the suit.
2. That the case should be sent back for trial before another Judge.

(See the enrolment of the Order of the Supreme Court at page 1 of Exhibit 2)

The retrial came before Ekundayo J. as suit No. KWS/24/75, and after hearing the parties, the learned Judge on 30/11/76, found for the plaintiffs and made the following orders:

“It is hereby declared that:

(a) The customary title of Bale of Oke Oyi cannot, under the Oke Oyi Native Law and Custom, be conferred on any person not a member of the “Bale Oke” or the “Bale Isale” families of Oke Oyi.