Oseni Omomeji & Ors V.james Olagunju Kolawole & Ors (2008)

LAWGLOBAL HUB Lead Judgment Report

I.T. MUHAMMAD, J.S.C.

The plaintiffs/ respondents were from five different Ruling Houses of Oore of Otun throne in Ondo State, now Ekiti State. Each sued on his behalf and on behalf of his family belonging to his ruling house. They all averred that each has interest and a right to become Oore of Otun.

The 1st-3rd defendants/appellants were each sued in his own behalf and on behalf of his family house. The 4th defendant is the Chief Executive of Ondo State who is empowered to approve/disapprove of an amended or new Chieftaincy Declaration made by a chieftaincy committee or amend or make a new Declaration. The 5th defendant/appellant is the Commissioner for Local Government and Chieftaincy affairs in Ondo State. The 6th defendant/appellant is the Secretary to Moba Local Government who sets in motion the machinery for filling a vacancy created in any recognized chieftaincy.

Plaintiffs averred that there are 5 Ruling Houses for the Oore of Otun Chieftaincy:

(a) Imoro Ruling House

(b) Ile Obajeu Ruling House

(c) Imoya Ruling House

(d) Ile Titun Ruling House and

(e) Ile Iyaba Ruling House.

They further averred that each of the ruling houses had at least one opportunity to provide the Oore of Otun.

They averred that the Obasinkin Chieftaincy title is reserved for the rest members and families of the Otun community among such were title holders including the 1st -3rd defendants families.

3rd defendant was from SAKARAIT A family, one of the Ruling Houses. It was alleged that Sakaraita was not an Oore of Otun but an herbalist and a palace messenger. He was not buried in the palace but he had a shrine in the palace premises.

In or about 1957, a Chieftaincy Declaration was made by the government for the Oore of Otun Chieftaincy in which only four Ruling Houses viz: Imoro, Ile Obajeu, Ile Titun, Ile Iyaba were erroneously stated as the Ruling Houses entitled to present candidates for any vacancy in the Oore of Otun Chieftaincy. This remained uncorrected despite appeals and protests by Otun Ekiti people in 1957.

In 1972, the Chieftaincy Committee of the Otun Ekiti District Council then having jurisdiction over Otun-Ekiti Chieftaincy made a Chieftaincy Declaration reflecting the five Ruling Houses but the same was neither approved nor registered by government at the time.