MR Lateef Okedeyi & Ors V. Governor Of Lagos State & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State Badagry Division delivered by O.H. Oshodi J. on the 28th day of February, 2012 wherein the appellants’ Originating Summons dated 20th January 2011 was dismissed.

The Appellants herein were the claimants in the lower court while the 1st and 2nd Respondents were also the 1st and 2nd defendants respectively.

In brief, the facts of the case as can be gleaned from the Records is that, sequel to the demise of the Late Oba David Beyioku, the Oba of Ibereko in 2006, the Local Council Development Area in accordance with the relevant Chieftaincy Declaration and Section 17 of the Obas and Chiefs Law CAP 02 Laws of Lagos State 2003 issued a public notice inviting the Idi Aro Ruling House of Ibereko whose turn it was to produce the next Oba, to nominate a candidate to fill the vacant stool.

The Idi Aro Ruling House ended up submitting three names for consideration by the Kingmakers. They are Amos Olowode Joel, Hon. Taliat Adele Adeosun and Aliasan Akinosi. The name of the 2nd Respondent was also submitted to the Kingmakers by the Iga Ogboni faction of the Idi Aro Ruling House through The Regent of Ibereko.

Three other candidates namely, Saheed Nureni Seidu, Ezekiel Olanrewaju Ogunyemi and Albert Olayiwola Olayinka nominated themselves to the kingmakers.

The kingmakers, using the Ifa Oracle as well as Islamic and Christian Clerics, examined the seven candidates out of which two came out tops, they are Amos Olowode Joel and Albert Olayiwola Olayinka. At the ended of voting by the kingmakers, Amos Olowode Joel was duly nominated as the Oba elect and his name forwarded to the local Council Development Area for recognition as such.

The report of the selection process by the kingmakers was said not to have gone down well with the State government and acting in accordance with Section 19(1)(a-c) of the Obas and Chiefs Law, approved the appointment of a panel of five traditional Rulers to discharge the functions of the Kingmakers in a fresh selection process.

At the conclusion of the panel’s sitting and screening of candidates with the assistance of security report on each of the seven candidates by the State Security Service, the panel recommended the appointment of the 2nd Respondent Adewale Okoya as the new Oba elect. The said recommendation was eventually approved by the State government by way of official gazette and he was given the staff of office. This did not go down well with members of Idi Aro Ruling House who felt that they have been shortchanged.

Hence they filed an action in the Lagos State High Court, in Suit No. BD/36/07 claiming amongst other reliefs, a declaration that the installation of the 2nd Respondent as the Oba of Ibereko is null and void. This was subsequently followed with a petition to the Speaker of the Lagos State House of Assembly to intervene in the matter which was causing crisis in Ibereko Community.

The House of Assembly after investigation and hearing on the petition concluded that the petition had merit and consequently, by a resolution of the House, directed that the Secretary of the Local Council Development Area be removed for gross misconduct and that the installation of the 2nd Respondent as Oba of Ibereko be reversed in view of the fact that the State government was misled into approving his appointment which has caused crisis in Ibereko Community.

Apparently peeved by the failure or neglect of the State government to act on the Resolution of the House of Assembly made on 29th October, 2007, the Appellants as Claimants in the lower court filed an originating summons dated 20th January, 2011 wherein they sought the following reliefs:-

A DECLARATION that the failure or refusal of the 1st defendant to effectuate and or execute the resolution dated 29 October 2007 duly passed by the Lagos State House of Assembly to the effect that “the Government of Lagos State should reverse the installation of the purported Oba, Israel Adewale Okoya (2nd defendant herein) in view of the fact that the Government was misled into taking the action” is a gross infringement of the provisions of the Constitution, 1999 and the oath of office of the 1st defendant set out in the seventh schedule thereto.

A DECLARATION that by virtue of the findings contained in the Lagos State Hansard based on the uncontroverted facts disclosed in the Legislative proceedings of the Lagos State House of Assembly held on 29 October 2007 to wit: