Mustafa Oladokun Vs Military Governor Of Oyo State And Others (1996)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, JSC

The main issue calling for determination in this appeal relates to the interpretation of the chieftaincy declaration of the Onjo of Okeho Chieftaincy, registered on 12th February 1958. Following a vacancy in the office of the Onjo, steps were taken to fill the vacancy.

The Secretary to the Kajola Local Government called on the Etielu Ruling House whose turn it was to present a candidate to do so. By the terms of the Chieftaincy Declaration, the meeting of the Ruling House had to be summoned by the Mogaji Ijo. There was at the time a dispute as to the validity of the appointment of Labode Akano as the Mogaji Ijo in consequence of which the Secretary of the Kajola Local Government summoned a meeting of the Etielu Ruling House to consider the nomination of candidates for presentation to the kingmakers.

The Ruling House held a meeting on the 22nd of August 1985 at which four candidates were proposed. A vote was taken. The Plaintiff who was one of the candidates scored 20 votes; Y.O. Sunmonu another candidate scored 18 votes. Alhaji Shittu Ishola a third candidate scored 7 votes and Chief Oyebanji Oladokun the fourth candidate scored 1 vote. The names of the four candidates were presented to the kingmakers by the Secretary to the Local Government.

Under the declaration, there are thirteen kingmakers including Mogaji Ijo and Bale Olele. At the meeting of the kingmakers held on 3/8/85, ten of them were present. Mogaji Ijo and Bale Olele were not invited to the meeting. The ten kingmakers voted on the four candidates presented before them. Mustafa Oladokun scored 3 votes and Y.O. Sunmonu scored 7 votes. The other two candidates had no vote.

The name of Sunmonu was forwarded to the Alafin of Oyo for his consent to the appointment of Sunmonu as the Onjo of Okeho. The Alafin refused to give his consent. The 1st defendant directed him to do so. But before the Alafin could comply, Mustafa Oladokun who was unhappy about the outcome of the exercise instituted proceedings leading to this appeal. Y.O. Sunmonu the successful candidate was joined as the 14th defendant in the action.

In his writ of summons Mustafa Oladokun claimed as hereunder:

“1. Declaration that the plaintiff who scored twenty (20) votes at the joint meeting of Etielu Ruling House held on 22nd August, 1985 is the candidate nominated by Etielu Ruling House pursuant to Clause (v) of Onjo of Okeho Chieftaincy Declaration registered on 12th February, 1958.

2. Declaration that the forwarding of 4 names by the Secretary to the kingmakers inspite of the selection of the plaintiff by the family was contrary to custom and the existing declaration, irregular, without foundation and ineffective.

3. Declaration that the plaintiff’s name is the only one that should have been forwarded to the kingmakers in accordance with provisions of the existing declaration and the custom of Okeho relating to Onjo of Okeho.

4. Declaration that the reversal of the plaintiff’s nomination by the kingmakers and the substitution therefor of the name of the 14th Defendant by the kingmakers is contrary to custom and the existing declaration.

Alternative to reliefs 1 – 4 above

5. Declaration that the joint meeting of Etielu Ruling House held on 22nd of August 1985 was irregular null and void and of no effect in that, the meeting was not summoned by the Mogaji Ijo as stipulated in the existing declaration.

6. Declaration that the meeting of the kingmakers at which the 14th defendant was voted for was irregular, null and void and of no effect in that the kingmakers were not invited.