Oba Amos Babatunde & Anor. Vs Mr. Simon Olatunji & Anor (2000)

LAWGLOBAL HUB Lead Judgment Report

KATSINA-ALU, J.S.C.

The main question that arises for determination in this appeal is: Whether a person against whom a judgment is given or an order made can disobey and ignore it on the ground that it is null and void. This is informed by the fact that in the appellants view, the decision in the earlier case in Suit No. Z/11/67 by the High Court of Kwara State was given without jurisdiction contrary to the provisions of Section 161 (3) of the 1963 Constitution. The proceedings in that suit were admitted in evidence as Exhibit 1 in the present case. It was argued that the said proceedings were null and void and should have been treated as non-existent.

Section 161(3) of the 1963 Constitution reads:

“161(3) Notwithstanding anything in any other provision of this Constitution (including in particular sections 32 and 53 of this Constitution) but without prejudice to the proviso to subsection 1 of section 22 and subsection 4 of section 27 of this Constitution, no chieftaincy question shall be entertained by any court of law in Nigeria, and a certificate which is executed by an authority authorised in that behalf by a law coming into force in a territory on or after the date of the commencement of this Constitution (including a law passed before that date) and which states-

(a) that a particular person is or was, by reference to that territory or a part of it, a chief of a specified grade at a specified time or during a specified period; or

(b) that the provisions of a law in force in that territory relating to the removal or exclusion of chiefs or former chiefs from areas within the territory have been complied with in the case of a particular person, shall be conclusive evidence as to the matters set out in that statement.”

Exhibit 1 tendered at the trial as I have already indicated is a certified true copy of the Writ of Summons, Statement of Claim, Statement or Defence, the trial proceedings and the judgment or the High Court of Justice, llorin in Suit No.Z/11/1967 between Olukotun Adeniyi and Anor v. Amos Babatunde Alaran & Anor’. On the face of it, the subject matter in that case was a chieftaincy dispute. In that case, when in 1967 Adewoye Aromokeye from Ile Oba Ibuoye became the Odofin, the predecessors-in-title of the 2nd appellant herein took the 1st appellant Oba Amos Babatunde and the late Odofin Adewoye to Court. That suit was dismissed. There was no appeal there from.

The facts of the present case are simple. In 1989, after the demise of Odofin Gabriel Adewoye from The Oba Ibuoye Ruling House, the respondents selected and presented one Chief Ajitoni Ibuoye to the 1st appellant to be appointed and installed as the Odofin of Arandun. The 1st appellant refused and rather accepted and approved the nomination of the 2nd appellant, who was subsequently installed as Odofin of Arandun on 8th June, 1989. In consequence of this, the respondents brought an action in the Kwara State High Court at Omu-Aran.

At the trial court, the respondents-as-plaintiffs sought the following reliefs in paragraph 16 of their Statement of Claim:-

“Declarations:-

1. That under the native law and custom of Arandun the families of the 2nd Defendant are not entitled to ascend the stool of Odofin of Arandun.
2. That the appointment, installation and recognition of the 2nd Defendant as Odofin of Arandun is irregular, null and void.

3.That Chief Ajitoni Ibuoye being the rightful nominee of the Ile-Oba Ibuoye Ruling Family is the rightful person to become the Odofin of Arandun immediately after Gabriel Adewoye (deceased).

4. Orders:

(i) Setting aside the purported nomination, appointment and installation of Ayinla Aransiola, 2nd defendant, as Odofin of Arandun.

(ii)Perpetual injunction restraining the defendants, their servants, privies or any person howsoever deriving authority, permission or order from any of them, from recognising or continuing to recognise, deal with, address regard the 2nd defendant as the Odofin of Arandun.

(iii)Perpetual injunction restraining the 2nd defendant from continuing henceforth from calling, introducing, parading, addressing or presenting himself either to defendants or any person(s) howsoever and at any occasion or place as Odofin of Arandun.