Oba Timothy Oyesola Akinsanya & Ors V.michael Owolabi Shoneye & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Ogun State High Court sitting at Sagamu in the Sagamu Judicial Division, delivered by O. O. Majekodunmi, J on the 19th day of January, 2012 in Suit No. HCS/22/2008.

Briefly, the facts of this case are that, on the 9th day of April, 2006, Oba O. E. Ogunsowo, the Ewusi of Makun-Sagamu died. He was from the Inonuwa Ruling House of the Chieftaincy Ruling Houses. Consequent thereupon, the 3rd Respondent; the Secretary Sagamu Local Government Council, pursuant to the powers conferred on him by Section 15(1) of the Chiefs Law Cap.20, Laws of Ogun State, issued a Public Notice dated the 19/10/2006, informing the general public of the vacancy in the Chieftaincy Stool of Ewusi of Makun. The head of the Muleruwa/Orungba Ruling House whose turn it was to nominate and select a candidate for appointment as the Ewusi of Makun, was then enjoined to convene a meeting of the said Ruling House for that purpose. The meeting was said to have been convened during which some names, including that of the 1st Appellant and the 2nd Respondent were nominated

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and sent to the Kingmakers for selection of the person or candidate for appointment as the Ewusi of Makun. The Kingmakers, in the exercise of their powers, selected the 1st Appellant and sent his name to the Executive Council of Ogun State who had the powers to appoint the Ewusi. The 1st Appellant was then appointed and installed as the Ewusi of Makun.

The Head of the Orungba section of the Muleruwa/Orungba Ruling family who is now deceased, the 1st and 2nd Respondents in this appeal were dissatisfied with the nomination, selection and appointment of the 1st Appellant as the Ewusi of Makun, and therefore took out a Writ of Summons which was accompanied by a Statement of Claim, seeking the trial Court to grant them the following reliefs:

1. A declaration that the nomination of the 1st Defendant as EWUSI of MAKUN at the meetings of MULERUWA-ORUNGBA RULING HOUSE held on the 27th October, 2006 and 19th December, 2006 were irregular, null and void and of no effect.
2. A declaration that the meeting of 5th ? 12th Defendants held on the 11th day of January, 2007 for the purpose of selecting candidates to the Stool of Ewusi of Makun wherein the

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1st Defendant was purportedly selected as EWUSI of MAKUN was irregular, illegal, null and void and of no effect.

3. A declaration that the appointment of the 1st Defendant by the 3rd Defendant and the subsequent installation of the 1st Defendant as EWUSI of MAKUN is irregular, illegal, null and void and of no effect.
4. An order setting aside the nomination, selection, appointment and installation of the 1st Defendant as the EWUSI of MAKUN.
5. An Order of perpetual injunction restraining the 1st Defendant from parading himself or holding himself out as the EWUSI of MAKUN.
6. An Order restraining the 2nd and 3rd Defendants, their agents and servants from recognizing and/or dealing with the 1st Defendant as the EWUSI of MAKUN.
7. An Order directing the 2nd Defendant to begin afresh the process of nomination, selection and appointment of candidate(s) for the Stool of EWUSI of MAKUN.

At the trial, the trial Court took evidence from the witnesses and admitted several exhibits which were tendered by the respective parties. Thus, in a considered judgment delivered on the 19/01/2012, the learned trial Judge gave judgment for the

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Plaintiffs, now 1st and 2nd Respondents, by granting all the reliefs sought by them. The Appellants on record are aggrieved by that decision and have now initiated this appeal.

The Original Notice of Appeal which is at pages 484 ? 492 of the Record of Appeal was dated and filed on the 27/2/2012. However, by a Motion on Notice dated and filed the 27/11/2012, the Appellants sought for and were granted leave to raise and argue fresh issues of law; and such leave was granted on the 29/11/2012. The fresh issues are as contained in Grounds 1 and 2 of the Original Notice of Appeal filed on the 27/2/2012. Furthermore, on the 10/10/13, this Court granted the Appellants leave to file Additional Ground of Appeal. The Additional Ground of Appeal filed on the 01/3/2013 was deemed filed on the 10/10/2013, consisting of only one Ground of Appeal. The Record of this Court show that the Appellants filed an Amended Notice of Appeal which was deemed filed on the 27/5/2015. On the date of hearing of this appeal, learned counsel for the Appellants, Mrs. Titilola Akinlawun, SAN withdrew the Notice of Appeal filed on the 03/2/2012 and same was struck out. This appeal was

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therefore heard on the Amended Notice of Appeal filed on the 4/3/2015 but deemed filed on the 27/5/2015. In compliance with the Rules of this Court, the Appellant, 1st, 2nd, 6th and 7th Respondents filed Briefs of Arguments. The 3rd, 4th and 5th Respondents did not file any Brief of Arguments, thus, on the 27/5/2015, this Court set down this appeal for hearing without the 3rd, 4th and 5th Respondents? Brief of Arguments. The Appellants? Brief of Arguments is the Amended Appellants? Brief of arguments dated and filed on the 21/10/2013. Therein, six(6) issues were distilled for determination as follows: