Oba Joseph Adeyemi Ajayi V. Oba Joseph Abolarin Jolayemi (2001)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C.

These appeals came up for hearing on 19/2/2001 and after hearing oral arguments from learned counsel for the parties, I dismissed both appeals and indicated then that I would give my reasons for so deciding today. I now give my reasons.

There was need to increase the membership of the Ifelodun/Irepodun Traditional Council in Kwara State by the inclusion of representatives of three Districts not hitherto represented on the Council, that is Agunjin in Ifelodun L.G.A., Oko/Olla and Idofin-Igbara, both in Irepodun L.G.A. It was the prerogative of the Governor of the State to appoint new members to the Council. By a letter dated 16th August 1985, the Council requested for an expansion of its membership by inclusion of representatives of the three Districts hitherto not represented on the Council. The letter (Exhibit 1) written by the Secretary to the Council further recommended:

“From the above, I am directed to forward to you through the Sole Administrator this proposal to include:

1. THE ALAGUNJIN
2. THE OLOKO OF OKO and
3. THE OBA OF IDOFIN-AGBANA both in Irepodun Local Government for your approval.”

The Military Governor gave his approval to the Council’s requests in a letter dated 19th August 1991, Exhibit 10. The letter reads:

“MLGCA/S/118/111/471

Dept. of Local Government,

Military Governor’s Office,

P. M. B.1407

Ilorin.

The Secretary,

Ifelodun/lrepodun

Emirate/Traditional Council,

Ajase-Ipo.