Military Admin. (Ekiti State) & Ors V Prince Benjamin Adeniyi Aladeyelu & Ors (2007)

LAWGLOBAL HUB Lead Judgment Report

MUSDAPHER, J.S.C

This is an appeal against the judgment of the Court of Appeal, Ilorin Division delivered on the 29th of November, 2004, whereby the appeal to that court filed by the plaintiffs, the respondents herein, was allowed. The Court of Appeal set aside the ruling of the trial court striking out the case of the plaintiffs by upholding the preliminary objection raised by the defendants, the appellants herein, challenging the competence of the plaintiffs’ action on the ground that it was statute barred.I think it is desirable at this stage in order to appreciate the issues canvassed in this appeal by the parties to look at the facts that gave rise to the dispute between the parties leading to the present litigation. On the 17/1/1958, the Chieftaincy Committee of Ekiti Southern District Council, which was the designated authority, at that time, made a declaration of Customary Law regulating the nomination and the selection of the Arajaka of Igbara Odo Chieftaincy. This declaration was approved by Minister of Local Government, Western Region of Nigeria, on the 22nd day of May, 1958 and was registered on the 28th day of May, 1958.

One of the main features of the declaration was contained in paragraph (i) which declared that “There is only one Ruling House and the identity of the Ruling House is Odundun Ruling House”. The plaintiffs, the respondents herein are members of that Ruling House.

Following widespread displeasure with the existing chieftaincy declarations in Ondo State, the then Military Government appointed a four-man Commission of Inquiry under the Chairmanship of Mr. Justice Adeyinka Morgan, hereinafter simply referred to as the Morgan Commission or the Commission, to conduct an inquiry into all the recognised chieftaincies in Ondo State including the Arajaka of Igbara-Odo chieftaincy and also to suggest guidelines for effecting the necessary changes in the Chieftaincy declarations of the recognised chieftaincies in Ondo State. The Morgan Commission submitted its report on the 5th of June, 1980. Specifically concerning the Arajaka of Igbara-Odo, the Commission recommended three Ruling Houses instead of one. The Ruling Houses recommended are Odundun, Agungun and Odigede. In July 1981, the Government published White Paper accepting the recommendations. It also set up the necessary machinery for the eventual registration of the new Chieftaincy Declaration.

At the Chieftaincy Committee Meeting of Ekiti South West Local Government held on 20/1/1983 in which Oba Aladeyelu II, the incumbent Arajaka, was present as well as representatives from the three Ruling Houses, the White Paper on Morgan Commission was approved and the Chieftaincy Declaration of Arajaka of Igbara-Odo was signed by both the Chairman and Secretary of the Chieftaincy Committee. The forms were sent to State Government for the approval and registration of the Declaration, but some how the forms got missing and the new Declaration was not registered.

It was after the death of Oba Aladeyelu II in 1995 that it was discovered that the forms sent to State Government were not returned to the Local Government for registration and when the attention of the government was drawn to this fact, another process of ratification of the Declaration began on the 19/9/1995. This was to enable the nomination and the selection of a new Arajaka to fill the vacant stool. The process culminated into the registration of the Declaration on the 3/11/1995. By the promulgation of Edict No. 1 of 1999 entitled “Ajakara of Igbara-Odo, Ekiti (Chieftaincy Declaration), the Chieftaincy Declaration of 1958 became repealed. Thus, by the new Declaration and the law, there are now 3 Ruling Houses in Igbara-Odo Ekiti Chieftaincy.

In the meanwhile, on the 19/9/1995 at the meeting held aforesaid, the plaintiffs’ family denied all knowledge of the Commission, its recommendations and the acceptance of the recommendation as contained in the White Paper, and walked out of the meeting. On the 2/11/1995, the plaintiffs filed this action claiming against the first set of the appellants that is the first 4 defendants/appellants as follows:-

“1.A declaration that the recommendation of the Ondo State Chieftaincy Review Commission presided over by Honourable Justice Adeyinka Morgan in respect of the Arajaka of Igbara-Odo Ekiti Chieftaincy is contrary to the custom and tradition governing the selection of the Arajaka of Igbara-Odo Ekiti.

2. A declaration that the Ondo State Government White Paper accepting the recommendation of the Ondo State Chieftaincy Review Commission presided over by Honourable Justice Adeyinka Morgan in respect of the Arajaka of Igbara-Odo Chieftaincy is contrary to the custom and tradition governing the selection of the Arajaka of Igbara-Odo Ekiti.
3. A declaration that the Ondo State Government White Paper accepting the recommendations of the Ondo State Chieftaincy Review Commission presided over by Honourable Justice Adeyinka Morgan in respect of the Arajaka of Igbara-Odo Ekiti Chieftaincy is repugnant to natural justice, equity and good conscience.
4. A declaration that the 1958 Chieftaincy Declaration registered in respect of the Arajaka of Igbara- Odo Ekiti Chieftaincy is in consonance with the custom and tradition governing the selection of the Arajaka of Igbara-Odo Ekiti.
5. A mandatory injunction compelling the defendants to call upon the Odundun Ruling House to present a candidate to fill the vacancy of the Arajaka of Igbara-Odo Ekiti Chieftaincy.
6. An order restraining the defendants, their agents, servants, privies or anybody whatsoever from considering, approving, registering or taking any steps whatsoever to give effect to the draft Declaration contained in the Ondo State Government White Paper accepting the recommendations of the Morgan Chieftaincy Review Commission in respect of the Arajaka of Igbara-Odo Ekiti Chieftaincy.
7. An order restraining the defendants, their agents, servants, privies or anybody whatsoever from registering any declaration relating to the Arajaka of Igbara-Odo Ekiti Chieftaincy.”

By leave of court, the claims were amended by, amongst other matters, the addition of three other reliefs:-

“8. An order declaring invalid, null and void the Chieftaincy Declaration dated 3/11/1995 relating to Arajaka of Igbara-Odo Ekiti Chieftaincy for contradicting the Native Law and Custom of Igbara-Odo Ekiti Chieftaincy and or for being repugnant to natural justice, equity and good conscience.

9. An order declaring invalid, null and void the Chieftaincy Declaration dated 3/11/1995 relating to the Arajaka of Igbara-Odo Ekiti Chieftaincy for contravening the Chiefs Edict of Ondo State.
10. An order restraining the defendants, their servants, agents, privies or anybody whatsoever from registering any Declaration relating to the Arajaka of Igbara-Odo Ekiti Chieftaincy.”

I think it is important to stress the point that the government felt the dissatisfaction of the people with the then existing declaration, that the government instituted the Morgan Commission of Inquiry to have another look at the various Customary Law declarations in relation to chieftaincy matters in 1977. In its White Paper and accepting the recommendation and with reference to Arajaka of Igbara-Odo Chieftaincy, the government stated:-

“Government accepts the Commission’s Recommendation as contained at pages 20-21 of Volume 1 of its Report. The approved Chieftaincy Declaration for the Arajaka Chieftaincy shall be as set out below:-

Arajaka of Igbara-Odo Chieftaincy Declaration.

A.Number of Ruling Houses- three.