Kayode Bakare & Ors V. Chief Ez (2014)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal against the decision of the Court of Appeal, Lagos division, hereinafter referred to as the court below delivered on 11th day of November, 2004 – Coram: Ayo Salami, who presided, Aka’ahs, Ogunbiyi, JJCA.

On the 14th day of September, 2000, the 1st-3rd respondents as plaintiffs at the trial court had an action whereby they sought the following reliefs:

(i) A declaration that Alhaji Kazeem Oriowo Aromire is the Head of Kueji ruling House and overall Head of Obanikoro Chieftaincy family of Lagos pursuant to Lagos Island Local Government letter ref: No. 00160/Vol.II/272 dated 22nd October, 1990.

(ii) A declaration that pursuant to the registered Chieftaincy Declaration dated 12th of January, 1989 that there are four (4) ruling houses namely;

DEYARI

KUEJI

KUMUYI and

ILUMO

That they are entitled to present candidate in rotational order as herein – Deyari, Kueji, Kumuyi, Ilumo.

(iii) A declaration that consequent upon the death of late Chief Sikiru Oyerokun Ojora who is from Deyari Branch. It is the turn of Kueji branch to present a candidate to fill the vacant stool of the Obanikoro Chieftaincy family.

(iv) A declaration that the defendants not being members of Kueji ruling house are not entitled to present a candidate to fill the vacant stool of Obanikoro of Lagos.

(iv) An Order of perpetual injunction restraining the defendants whether by themselves, their servants, agents and or privies from selecting a candidate to occupy the vacant stool of the Obanikoro Chieftaincy Family of Lagos and the position of Arole which is not vacant as at now.

(iv) An order of perpetual injunction restraining the 6th defendant whether by itself, its servants, agents, privies and or any of his functionaries from giving approval of recognition to the purported selection of the 2nd defendant as the Chief Obanikoro elect.