Otitoju V. Gov. Ondo State (1994)

LawGlobal-Hub Lead Judgment Report

IDRIS LEGBO KUTIGI JSC. 

Following the claim of the Olomuo-Oke of Omuo-Oke as the paramount Chief or Oba of Omuo-Oke, Ekiti, the Military Governor of Ondo State instituted a Judicial Commission of Inquiry headed by the Honouable Justice Ojuolape to investigate the claim. The commission took evidence and later submitted its report to the 1st defendant herein who then issued a white paper dated August, 1982. The white paper was admitted as Exhibit E at the trial.

On page 13 of Exhibit E, the recommendations of the commission and the comments of the Ondo State Government were stated in part thus -15.0 Government views and comments on the Commissions Recommendation:15.1 Recommendation (i) that the claim of Olomuo-Oke as an Oba is false and should not be entertained either politically or administratively.

Comment:

Government accepts this recommendation.

15.2 Recommendation (ii) the Olomuo-Oke should be recognised as the head chief of Omuo-Oke under the paramountcy of the Olomuo who is the recognised Oba of Omuo.

Comment:

In the light of the Governments decision on recommendation (1) above, the Olomuo-Oke will remain as the quarter headchief of Omuo-Oke quarter in Omuo under the paramountcy of the Olomuo of Omuo.’

Being aggrieved by the commissions recommendations and the governments comments thereon the plaintiff in the Ondo State High Court, holden at Akure, sued the defendants claiming tin his writ of summons thus –

‘1. A Declaration that Olomuo-Oke is the traditional and paramount ruler of Omuo-Oke Ekiti in Ondo State.

2. A Declaration that Omuo-Oke is a distinct town in Ondo State.

3. A Declaration that the findings and recommendations of Ojuolape Judicial Commission of Inquiry into the headship claim by the Olomuo-Oke of Omuo-Oke are contrary to the customary law of Omuo-Oke community and are therefore illegal and void and of no effect whatsoever.

A Declaration that the Ondo State Governments views and comments on the said commissions recommendations as contained in Ondo State of Nigeria White Paper on Ojuolape Judicial Commission of Inquiry are illegal, unconstitutional and of no effect whatsoever.

2. An Injunction restraining the Government of Ondo State, its servants, agents, privies and officers from acting on, executing, giving effect to or otherwise dealing with (to the detriment of the plaintiff) the said findings, recommendations, views and comments as contained in the Ondo State of Nigeria White Paper on Ojuolape Judicial Commission of Inquiry.’

Pleadings were ordered, filed and exchanged by the parties. An Amended Statement of Claim was filed by the plaintiff. The 1st and 2nd defendants also jointly filed an Amended Statement of Defence while the 3rd defendant filed his own Further Amended Statement of Defence. The case was fought on these new statements of claim and defence.