Munirat Oduntan V Abudu W. Akibu- (2000)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C. 

This appeal relates to the long drawn tussle in the Eletu-Iwase chieftaincy title of Lagos. The last Eletu-Iwase, Bakare Gbajumo died on the 27th day of July, 1971. Since then the issue of succession to the office has become a matter of acrimony in the chieftaincy family. In consequence the Lagos State Government set up a Tribunal of Enquiry to determine the number of ruling houses entitled to present candidates for the chieftaincy. The tribunal at the end of its assignment in a report submitted by it recommended five ruling houses namely: Kumoku, Kusimi, Sajobi, Dosunmu and Erufa. It was further recommended that the next ruling house to present a candidate would be Dosunmu Ruling house. Pursuant to section 1 of the Obas and Chiefs of Lagos Edict 1975 No.2 of 1975, the Chieftaincy committee of the Lagos Island Local Government made a declaration prescribing five ruling houses as named above and the next ruling house to present a candidate being Dosunmu ruling house. The declaration was made on the 20th August, 1979 and forwarded to the Executive Council for approval and registration. The Executive Council of Lagos State did not approve the chieftaincy declaration until the 7th day of August 1980. It is not clear when the declaration was eventually registered but it would be presumed for the purpose of this action that the declaration was registered on the day it was approved by the Executive Council, that is, 7th August 1980.

The members of the Eletu-Iwase Chieftaincy Family were not happy with the declaration and in February 1981 instituted an action Suit No. LD/231/81 in the High Court of Lagos State. The action was instituted by Alhaja Munirat Oduntan, the head of the Eletu-Iwase chieftaincy family and a member of Kusimi branch of the family; Rafiu Yesufu Agunbiade, the general secretary of the family and a member of the Ogabi branch of the family; Mushafiu Saka Oluwa, the treasurer of the family and a member of the Kusimi branch; Ganiyu Giwa, a member of the Kumoku branch of the family; Lasisi Oduntan, another member of the Kusimi branch and Oluyole Dabiri a member of the Ogabi branch of the family. The six plaintiffs instituted the action for themselves and on behalf of the entire members of the Eletu-Iwase chieftaincy family. Joined as defendants to the action are Alhaji Abudu W. Akibu, Alhaji Salisu Agoro and Badmos Agoro, all three were sued in a representative capacity, that is, for themselves and on behalf of the Dosunmu family. Other defendants are Lagos Island Local Government and the Attorney-General of Lagos State and their claims as endorsed on the writs of summons, are:

(1) A declaration that the Ogabi, Kusimi and Kumoku families are the only existing branches of the Eletu-Iwase Chieftaincy family.

(2) A declaration that the Dosunmu family, of which the 1st to 3rd defendants are members, is not a branch of the Eletu-Iwase chieftaincy family.

(3) A declaration that consequently, Ogabi, Kusimi and Kumoku branches of the Eletu- Iwase chieftaincy family are the only branches of the Eletu- Iwase chieftaincy family entitled to nominate candidates for the Eletu-Iwase chieftaincy title.

(4) A declaration that the 3rd defendant or any other member of the Dosunmu family, is not entitled to be nominated and/or installed the Eletu-Iwase of Lagos.

(5) A declaration that the declaration made on the 20th day of August 1979 by the 4th defendant is null and void and of no effect whatsoever.

(6) A declaration that the approval given on the 7th day of August 1980 by the executive council of the Lagos State Government, of the declaration made by the 4th defendant on the 20th day of August 1979 is null and void and of no effect whatsoever.

(7) A declaration that the registration of the said declaration is null and void and of no effect whatsoever.

(8) A declaration that the 4th defendant’s letter to the Dosunmu family dated the 14th of October, 1980 directing that they nominate one of their members as the Eletu-Iwase elect is null and void and of no effect whatsoever.

(9) A declaration that the nomination of the 3rd defendant by other members of the Dosunmu family as the Eletu-Iwase elect is null and void and of no effect whatsoever. and

(10) A perpetual injunction restraining the defendants, their servants and/or agents from giving effect in any manner to the declaration dated the 20th of August, 1979.”

During the pendency of the action, the Lagos State Executive Council approved the appointment of the 3rd defendant, Badmos Agoro as the new Eletu-Iwase of Lagos with effect from 19th March, 1981. In consequence, plaintiffs in Suit No. LD/231/81 instituted against the defendants in that action yet another action LD/54i/81 claiming: