Mr. Salami Afolabi & Ors. V. Governor Of Oyo State & Ors. (1985)

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N. ANIAGOLU, J.S.C.

On 24th June, 1985, this appeal was allowed, the judgment of the Court of Appeal set aside, and the judgment of the High Court of Oyo State holden at Oshogbo (Oloko, J.) restored with N300.00 costs to the appellants. The dispute is about Chieftaincy and it concerns the vacant stool of the OLOBAGUN of OBAGUN in Ifelodun Central Local Government of Oyo State.

The background facts resulting in these proceedings, in respect of which there is no dispute, are that there is an area called OBAGUN under the Ifelodun District Council of the Oyo State in Western Nigeria whose traditional Chief is titled and styled “the OLOBAGUN.” The then Government of Western State of Nigeria, after due inquiries (see the REPORT and Exhibit B) had issued an official document called the “WESTERN STATE CHIEFTAINCY DECLARATIONS” (Exhibit A) containing declarations (among others) about the Ruling Houses of various areas in the Western State entitled to present some chiefs of various localities and the kingmakers of those areas. These declarations were made in exercise of the powers conferred by the Chiefs Law 1955.

At page 21 of the document (Exhibit A) is contained the Chieftaincy Declaration of the OLOBAGUN OF OBAGUN showing the three ruling houses “which have the right” to provide candidates for the Obagun Chieftaincy as, KAYODE, OLUBAKIN and ODUOYE houses, in that order. For its importance the said Declaration is set out hereunder as follows:

“IFELODUN DISTRICT COUNCIL

CHIEFTAINCY DECLARATION: OLOBAGUN OF OBAGUN

In exercise of the powers conferred upon the Council by section 3(1) of the Western Region Appointment and Recognition of Chiefs Law, 1955, the following declaration setting out the method of selection of a person to be Olobagun of Obagun is made by the Ifelodun District Council after consultations with the kingmakers and the representatives of the ruling houses of Obagun as follows:

(a) There are three ruling houses which have the right to provide candidates for the Obagun Chieftaincy. The names of such ruling houses are as follows:

KAYODE

OLUBAKIN

ODUOYE

(b) The order of rotation in which every family specified in paragraph (a) is entitled to produce a candidate is as follows:

Kayode

Olubakin