Oba Simeon Olatuyi V. The Governor Of Ondo State & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on 18th September, 2002 in the High Court of Ondo State holden at Ondo. The Appellant was Plaintiff and the Respondents were the Defendants.

The claim of the Appellant against the Respondents was for following:

(a) A declaration that the Plaintiff is in accordance with the history, native law custom and tradition of Akotogbo, the paramount ruler of Akotogbo.

(b) A declaration that the 2nd Defendant is a Chief of Larogbo quarter within Akotogbo, which is the domain of the Plaintiff.

(c) Injunction restraining the said 1st Defendant, his servants, officers and agents from dealing with the Plaintiff in matters concerning Akotogbo as if the Plaintiff and the 2nd Defendant are equals or that the 2nd Defendant’s status is superior to that of the Plaintiff.

?The facts of the case discernible from the evidence of the few witnesses called by both parties are as follows: According to Oba Simeon Olatunji, Baale of Akotogbo (Pw1) and the Appellant himself, the 2nd Respondent is a Chief under his domain. He (PW1) is the

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traditional ruler of Akotogbo.

The first Alaragbo was appointed by the Appellant’s successor in 1932. The traditional ruler of Akologbo was addressed as Oba (King). But the Colonial Government changed it to Bale.

On 25th June 1973, the Ministry of Local Government And Chieftaincy Affairs wrote to the prescribed authority to appoint someone as the Alarogbo which is a minor chieftaincy. The 2nd Respondent was appointed following this letter.

In 1982, the Ondo State Government elevated the 2nd Respondent to Alarogbo of Akotogbo.

He Appellant felt aggrieved.

But the 2nd Respondent asserted that he is the traditional ruler of Akotogbo and the Appellant is the Bale of Akotogbo. The Appellant is not the traditional ruler of Akotogbo.