Oba J. A. Aremo Ii Vs S. F. Adekanye & Ors (2004)

LAWGLOBAL HUB Lead Judgment Report

O. EDOZIE, JSC. 

This appeal emanated from a chieftaincy dispute between the Plaintiff, Oba J .A. Aremo II known by the title of Alakungba of Akungba and the 1st Defendant S.F. Adekanye designated as the Alale of Ilale. The dispute is over the headship or Paramount rulership of Akungba clan in Akoko South West Local Government Area of Ondo State. The dispute started long ago between 1913 and 1918 when the then colonial administrator accorded recognition to village heads in Akoko District of the then Kabba Division. The Plaintiff alleged that one of the 1st Defendant’s predecessors called Alale Omobobokun usurped the position of one of his predecessors as the Alakungba or Paramount ruler of Akungba. The said Alale Omobobokun died in 1918 and was succeeded by Alale Ajimo I to whom the colonial administration handed over the ‘village book’ (a symbol of paramountcy) and other paraphernalia. In 1923 when one of the Plaintiffs predecessors was succeeded by Alakungba Esugbe, Alale Ajimo I refused to recognise him as the headchief. In consequence, Alakungba Esugbe in 1924 petitioned the then District Officer for Owo Division, Mr. J .A. Mackenzie who in his report found in favour of the Defendant’s predecessor. However, in 1951 when the Plaintiff became the Alakungba, he wrote series of petitions to Akoko Federal Council, Ikemerin Local Council” and the Resident Ondo Province to reverse the trend but all were in vain.

In 1979, the Ondo State Government set up the Ajayi Judicial Commission of Inquiry into the headship dispute between the Alale and Alakungba. In its White Paper of 1982, Exh.l, the Government rejected the Report and recommendation of that Commission of Inquiry, which found in favour of the Plaintiff. Aggrieved by the government’s rejection of the Report of the Inquiry, the Plaintiff by a writ of summons issued on 11th of August, 1988 filed in the On do High Court sitting in Akure, commenced action in Suit No. HC/121/88 against the 1st Defendant joining the Ondo State Governor and the Ondo State Commissioner for Local Government and Chieftaincy Affairs as the 2nd and 3rd Defendants. In paragraph 72 of the statement of claim, the reliefs sought against them are formulated thus:-

“72 WHEREUPON, the Plaintiff claims against the Defendants jointly and severally as follows:-

(1) An order holding that the 1st Defendant and his predecessors had been wrongfully recognised by the 2nd and 3rd Defendants as the Oba and prescribed authority of Akungba, and further holding that the Plaintiff is the Oba and the Paramount ruler of Akungba.

(2) An order holding that the 1st Defendant and his predecessors had wrongfully arrogated to themselves the right to be called the paramount ruler and the prescribed authority over all other chieftaincies in Akungba.

(3) An order holding that the Plaintiff is the paramount ruler and the prescribed authority over all other chieftaincies in Akungba.

(4) An order setting aside the Ondo State Government’s decision concerning the Akungba chieftaincy dispute between the Plaintiff and the 1st Defendant in respect of which the 2nd and 3rd Defendants have recognised the 1st Defendant and his predecessors as the Oba and Paramount ruler of Akungba contrary to the report and recommendations of Ajayi Judicial Commission of Enquiry.

(5) An order setting aside the decision of the Ondo State Government which rejected the report and recommendation of the Ajayi Judicial Commission of Inquiry into the Akungba Headship Dispute as it was null, void, unconstitutional and against the tenets of natural justice

(6) And a perpetual injunction restraining the 2nd and 3rd Defendants, their agents, and or servants or privies from further recognising the 1st Defendant and or any other person made as Alale as the Oba or Paramount Ruler of Akungba, except the Plaintiff”

After pleadings were filed and exchanged, the Plaintiff called witnesses and closed his case. Thereafter, the 1st Defendant by a Notice of Preliminary Objection dated 22nd January, 1996, objected to the jurisdiction of the trial court on the following grounds:-

“1. That the cause of action being a chieftaincy dispute arose before 1979 Constitution and therefore not now justiciable.

That the Plaintiffs claim before the Court is statute barred by virtue of S.4(1)(a) of Limitation Law Cap 61 of Ondo State and should be dismissed/or struck out.”

The learned trial Judge, Aguda J, heard the addresses of both counsel on the Preliminary Objection and in his ruling thereon delivered on 15/2/96, he upheld the objection predicated on the Limitation Law when he ruled thus:-