Mr. Richard Ogunsanya V. Prince Jamiu Olalekan Sule Onosipe (2016)

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SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.

This is an appeal against the interlocutory Ruling of the High Court of Lagos State, Ikorodu Division, delivered by H.A.O ABIRU J (as he then was) with respect to the Obaship title of OLUBESHE of IBESHE Chieftaincy Stool in Ikorodu Local Government Area of Lagos State.
The 1st Respondent herein had as Claimant in the Lower Court commenced an action against the Appellant (as 6th Defendant) the 1st to 5th Defendants who are the 2nd to 6th Respondents respectively in this appeal. By a writ of summons and statement of claim dated 15-5-2007 he claimed the following reliefs:-
1. DECLARATION that the Claimant is the person lawfully and legally selected, recommended and nominated for appointment and installation as the next Oba Olubeshe of Ibesheland in Ikorodu Local Government of Lagos State.
2. DECLARATION that the 6th Defendant was never selected, nominated for the appointment or installation as the next Oba Olubeshe of Ibesheland in Ikorodu Local Government Area of Lagos State.
3. A DECLARATION that the inclusion of any other Ruling house which is

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outside the Ruling houses recommended by the Lagos State Standing Tribunal of Enquiry headed by Honourable Justice W.A. Oshodi (Retired) is against the Rule of natural justice equity and fairness as well as unconstitutional and contrary to the customs and traditions of Ibeshe people/community.
4. AN ORDER of this Honourable Court setting aside any chieftaincy declaration regulating succession to the stool of Oba Olubeshe of Ibesheland which accommodates or includes any other Ruling house outside the five (5) Ruling houses recommended by the Lagos State Standing Tribunal of Enquiry headed by Honourable Justice W.A. Oshodi (Rtd).
5. PERPETUAL INJUNCTION restraining the 1st, 2nd, 3rd, 4th and 5th Defendants jointly and severally by themselves, their agents, servants and/or privies from recognizing or dealing with, appointing or taking any step towards the appointment and/or installation of the 6th Defendant as the next Oba Olubeshe of Ibesheland in Ikorodu Local Government Area of Lagos State.
6. AN ORDER OF PERPETUAL injunction restraining the 6th Defendant from parading himself as the Oba-Elect, that is, as His Royal Highness; the Oba Olubeshe of

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Ibesheland or from parading himself in that capacity either by wearing the crown or other staff or regalia of that office or performing any rite or function pertaining to the said chieftaincy.

The 1st Respondent equally filed a motion on notice for interlocutory injunction on the same 15-5-2007.

The dispute leading to the commencement of the action relates to the stool of Oba Olubeshe of Ibeshe land in Ikorodu Local Government Area of Lagos State.
Briefly put, the facts as presented by the 1st Respondent as Claimant in the Lower Court was that, following the vacancy in the stool of Oba Olubeshe of Ibeshe Land, it became necessary for the vacancy to be filled by the person qualified in accordance with the native law, customs and traditions of Ibeshe Community to succeed the last reigning Oba Olubeshe, His Royal Majesty (HRM) Oba Ayokulehin Oladele Olaide.

The 1st Respondent was nominated for the stool by the Bisoro Royal Family which is the Ruling House whose turn it was to produce the next Olubeshe of Ibeshe land.

?The 1st Respondent?s nomination was approved and ratified by the Ibeshe Land Committee of Kingmakers and the entire

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Ibeshe people in accordance with the native law custom and tradition of Ibeshe.
Subsequently however, the Appellant herein with the connivance of the 2nd, 3rd and 4th Respondents sought to usurp the said position of Oba Olubeshe of Ibeshe land contrary to the wishes of the Ibeshe people.

This prompted the commencement of the action in the Lower Court with the filing of the writ of summons and other frontloaded processes together with a motion for interlocutory injunction.

The matter came up for the first time before Onigbanjo J. on the 25-5-2007, with counsel for the 2nd to 4th Respondents present in Court, the Learned Trial Judge Ordered the parties in the Suit to maintain status quo as at the 25-5-2007 and the case was adjourned to 26-6-2007 for the hearing of the 1st Respondent?s motion for interlocutory injunction. This was however followed with the news that the Appellant herein has been installed as the Oba of Ibeshe by the 2nd to 6th Respondents.