Oba J.A. Awolola, The Ededa Of Eda-oniyo Ekiti V. The Governor Of Ekiti State & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALINJE, J.S.C.

On the 1st of October, 1996, the Federal Military Government of Nigeria, by the State’s Creation Transitional Provisions Decree NO. 36 of 1999 created among others, Ekiti State with Ilejemeje Local Government Area as one of the constituent Local Governments. The headquarter of this Local Government was located at Eda-Oniyo, the town where the Appellant herein is the paramount traditional ruler. Soon after the creation of the Local Government Area, the machinery of the Local Government was established in Eda-Oniyo. The 3rd Respondent herein and the staff of the Local Government moved to Eda-Oniyo and set up all the required administrative machinery.

Three months later, there was a radio announcement in which the Ekiti State Government notified the general public that the Ilejemeje Local Government Headquarter had been relocated from Eda-Oniyo to Iye-Ekiti. Following this announcement, the 3rd Respondent immediately moved the staff and the entire machinery of the Local Government from Eda-Oniyo to Iye-Ekiti and started operating from there. In protest, the Appellant contacted the

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office of the head of State which informed him that the Federal Military Government had not ordered the relocation of the Local Government headquarter from Eda-Oniyo to Iye-Ekiti. Subsequent action of the Federal Military Government and all official correspondences with Ilejemeje Local Government confirmed Eda-Oniyo as the headquarter of the Local Government. Protests by the Appellant and his people and their call to return the Local Government headquarter to Eda-Oniyo fell on the deaf ears of Ekiti State Government and its functionaries. In order to press home their demand, the Appellant as the paramount traditional ruler of Eda-Oniyo, by a writ of summons filed on the 2nd of August, 1999 and the statement of claim dated 17th August, 1999, claimed against the Respondents at the Ekiti State High Court, the following reliefs: –

1. A declaration that by virtue of the State Creation and Transition Decree NO. 36, Volume 83 of 1996, Local Government (Basic Constitutional and Transitional Provision) Decree of 1997 and 1998, Eda-Oniyo is still the headquarters of Ilejemeje Local Government of Ekiti State.

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An order of Court declaring illegal, irregular, unconstitutional and therefore null and void any act done or purported to have been done recognizing Iye-Ekiti as the headquarter of Ilejemeje Local Government of Ekiti State.

3. An order of Court restraining the defendants jointly and severally by themselves, their agents and privies from recognizing lye-Ekiti as the headquarters of Ilejemeje Local Government.
4. A perpetual Injunction restraining the defendants jointly and severally by themselves, their agents and privies from carrying out the administrative activities of the Ilejemeje Local Government in any other town apart from the Local Government Headquarters, which is Eda-Oniyo, Ekiti.The Respondents, who were defendants at the trial Court filed a joint statement of defence. Issues having been joined, the suit was heard. After taking witnesses and addresses of counsel, Aladejana J., in a reserved and considered judgment delivered on the 10th of December, 2001, granted reliefs 1, 2 and 3, but refused to grant relief 4. The Respondents herein were not satisfied with the judgment. Being aggrieved, the 3rd Respondent filed an appeal on 18th December, 2001, while the 1st and 2nd Respondents

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filed their appeal on the 8th March, 2002. The issues in contention at the Court of Appeal were: –

1. That the trial Court had no jurisdiction to hear the matter on grounds that:-

a. It was statute barred.

b. The proper defendants were not before the Court.

c. Given the nature of the complaint, the Appellant had no reasonable cause of action.

d. The actions or inactions of the then Federal Military Government could not form the subject matter of litigation.

In addition, the 3rd Respondent complained: –