Ogundare Osasona Vs Oba Adetoyinbo Ajayi (2004)

LAWGLOBAL HUB Lead Judgment Report

UWAIFO, J.S.C.

This suit was commenced by a writ of summons filed on 7th August, 1987 in Ikole Ekiti, then within the erstwhile Ondo State. The writ, which had contained three reliefs, was amended and filed on 4th June, 1992. In paragraph 56 of the final amended statement of claim, the plaintiffs sought six reliefs as follows:

“1. A declaration that the recommendation contained at page 49 of the report of Oluwole Chieftaincy Review Commission concerning the Chieftaincy Declaration for the Elejelu of Ijelu Chieftaincy and the Government views on the report at page 12 of the white paper approving the recommendation is a negation and falsification of the true age-long native law, tradition and custom of Ijelu people regulating nomination, appointment and approval of a candidate to the Elejelu of Ijelu Chieftaincy and therefore unconstitutional, null and void and of no legal effect.

Particulars of Falsification and Other Irregularities:

(a) Exhibit ‘1’ the registered declaration made undersection 4(2) of the Chiefs Law of Western Nigerian, 1957 is a registered declaration under which the plaintiff was selected as the Elejelu of Ijelu Ekiti on 21/7/1977.

(b) There is already a vested right by the plaintiff under which his appointment, installation and selection was validly made by the 1st – 3rd defendants:

(c) The evidence of the 2nd plaintiff Chief Matthew Ajayi, the Obaleyin of Ijelu, one of the kingmakers who also gave evidence before the Oluwole Chieftaincy Review Commission which evidence accords with the native law and custom of Ijelu was ignored by the said commission.

2. A declaration that the recommendation of the said commission and government acceptance of same relating to the number and composition of Ijelu kingmakers and the number of bona fide ruling houses at Ijelu is at variance with the reverred time-honoured tradition and customs of Ijelu people and same be set aside.
3. A declaration that the inclusion of lbodi as a ruling house to the Elejelu Chieftaincy is a desecration of the customs and traditional history of the people of Ijelu Ekiti and same is unconstitutional, ultra vires, null and void and of no legal force whatsoever.
4. A declaration that the two authentic ruling houses for the Elejelu of Ijelu Chieftaincy are Ilao and Ogbogbomudu having regard to the native law, customs and tradition of Ijelu Ekiti in conformity with the Chieftaincy Declaration made by the Chieftaincy Committee of Ikole District Council on 11/7/60 and approved by the then Government of Western Region on 23rd September, 1960.
5. The plaintiff shall at or before the trial raise the question of jurisdiction of the High Court of Ondo State pursuant to Order 24 rule 2 of Ondo State Rules of the High Court, 1988 to the following causes or matters:

(a) The declaration of custom relating to Elejelu of Ijelu Ekiti made in 1960 under section 4(2) of the Chiefs Law of Western Nigeria, 1957.

(b) The selection, appointment and installation of the plaintiff as Elejelu of Ijelu Ekiti made pursuant to section 28, Chiefs Law Cap. 20 Laws of Ondo State and sections 161 (3) and 165 of the 1963 Constitution.

6. An injunction restraining the Chieftaincy Committee of Ekiti North Local Government now Oye Local Government having regard to the Local Government Amended Decree of 1989 and 1990 its secretary, the commissioner for Chieftaincy Affairs, Military Governor of Ondo State, his agents, servants and or privies from acting on the said approved Chieftaincy Declaration made by the said Chieftaincy Review Commission and accepted by the Ondo State Government for the Elejelu of Ijelu Chieftaincy or for any purpose whatsoever.”

The 1st – 3rd defendants responded in 36 paragraphs while the 4th defendant responded in 24 paragraphs together with a counterclaim. A reply to the defence and counter claim of the 4th defendant was in 24 paragraphs. The suit was prompted by the report of the commission set up by the government of the erstwhile Ondo State and the government white paper (or views) on it. The commission was known as Oluwole Chieftaincy Review Commission concerning the Chieftaincy Declaration for the Elejelu of Ijelu Chieftaincy. On 24th March, 1993, Akinyede, J. who heard the suit gave judgment in which he granted reliefs 2 and 5, as claimed, but relief 6 partially. He refused reliefs 1,3 and 4.

The 4th defendants appealed while the plaintiff cross-appealed against the judgment. The appeal raised 8 issues from 10 grounds of appeal filed. The court below set out all the grounds of appeal and the issues, and observed, per Mahmud Mohammed, JCA, who read the leading judgment, thus:

“I have decided to quote in full all the grounds of appeal and the issues identified by the appellant in his brief of argument to show how some of the grounds of appeal and the issues said to have arisen from those grounds have been very carelessly drafted to the extent of making some of the grounds of appeal and the issues arising from them incompetent. This is because some of the affected grounds of appeal were drafted in complete violation of the requirements of Order 3 rule 2 sub-rules (2), (3) and (4) of the Court of Appeal Rules 1981 as amended. Although grounds (3), (4), (5) and (8) of the appellant’s grounds of appeal had alleged error in law and misdirection in law, no attempt was made to give the particulars of the alleged error or misdirection. Therefore the 4 grounds of appeal having failed to satisfy the requirement of Order 3 rule 2(2) of the Rules of this court are incompetent.”

On 15th January, 1998, the court below dismissed the appeal and allowed the cross-appeal. By so doing, it meant that all the reliefs sought by the plaintiff in para.56 of the amended statement of claim were wholly granted. The 4th defendant, Ezekiel Olatunde, who has since died and been substituted by Ogundare Osasona, has further appealed to this court. He has raised 6 issues, the first of which asks:

“(A) Whether it was right for the court below to strike out appeal grounds (3), (4), (5) and (8) as well as the accompanying issues (c), (d), (e) and (g) when counsel to the respondent did not complain that necessary particulars were not given in the grounds; when the court did not raise its objection to them in open court so that the view of both counsel could be heard on the matter but rather raised same at the judgment stage suo motu and decided thereon thus discountenancing all the submissions and arguments proferred (sic) on the issues raised on the four grounds of appeal.”