Chief Emmanuel Obasan v. Mojidi Abudu (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal Ibadan Division delivered on 30th March, 2006 allowing the appeal of the appellants on the ground that the judgment of the trial court was a nullity for breaching their right to fair hearing and ordering the remittance of the case to the High Court of Ondo State for trial de-novo.

The facts of the case as can be gleaned from the record and as summarized by learned counsel for the appellant is as follows:

Sometime in 1988, Oba D.M. Osiyemi, the Ebumawe of Ago Iwoye in Ogun State joined his ancestors. In accordance with the Chieftaincy Declaration regulating the Chieftaincy, it was the turn of the Paripete Ruling House to present a candidate to fill the vacant stool.

By a public notice dated 27th September, 1989, the Ijebu North Local Government requested the Paripete Ruling House to present a candidate accordingly.

A meeting of the Paripete Ruling House was held on 4th October, 1989. The names of four persons, including C. A. Adesanya (now deceased), were nominated and forwarded to the kingmakers.

The kingmakers selected the said C. A. Adesanya and forwarded his name to the then Military Governor of Ogun State for approval despite protests from some family members that it was the function of the family to elect one of the candidates and that the kingmakers had usurped their function.

Nevertheless, the selection of C. A. Adesanya as the Ebumawe of Ago Iwoye was approved by the Military Governor and the Executive Council. The appellant, Chief Emmanuel Obasan and one Otunba Samson Olatunji Onalaja, felt aggrieved and instituted an action before the High Court of Ogun State, Ijebu Igbo Judicial Division vide a writ of summons dated and filed on 18/9/1990 seeking the following reliefs:

(a) A declaration that the purported selection and appointment of the defendant as the Ebumawe of Ago-Iwoye is null, void and of no effect.

(b) An order nullifying the selection and appointment of the 2nd defendant as the Ebumawe of Ago-Iwoye and directing the 3rd defendant to set the necessary machinery in motion in accordance with the law for the nomination by the Paripete Ruling House of Ago-Iwoye of a candidate to fill the vacant post of the Ebumawe of Ago-Iwoye.

(c) A declaration that the defendant is not a member of any of the established branches of the Paripete Ruling House of Ago-Iwoye.

(d) An order restraining the 2nd defendant from parading himself as the Ebumawe of Ago-Iwoye and performing any of the duties attached to the said office.

(e) An order restraining the 3rd and 4th defendants by themselves, servants, agents or otherwise however from installing and presenting a staff of office to the 2nd defendant as the Ebumawe of Ebumawe of Ago-Iwoye.

(f) Costs.