Peter Higo Ajakaiye Vs Agbebaku Idehai (2012)

LAWGLOBAL HUB Lead Judgment Report

BELGORE, JSC.

The trial of this matter was at Auchi Judicial Division of the High Court of Bendel State. In a further Statement of Claim running to seventy-five paragraphs which in the main recounted the history of Onto Community and their social organisations, the final paragraph 75 contains the claim which it is useful to set out as hereinunder:-

“1. A Declaration that the order of rotation of Own Ruling Houses as contained in the draft Own Chieftaincy Declaration of 23/1/1957 and as amended in the 151911979 draft Otuo Chieftaincy Declaration which makes the rotation of Own Ruling Houses to be in accordance with the descending order of the traditional order of seniority of the Own Ruling Houses is the correct and appropriate order of rotation of the Ruling Houses according to Otuo Customary Law regulating the succession to the Traditional Ruler Title of the Ovie (Ororoso) of Own and that the said 15th September, 1979 draft Otuo Chieftaincy Declaration be declared as the correct, proper, acceptable and

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registerable Otuo Chieftaincy Declaration made under Section 3 (2) of the Traditional Rulers and Chiefs Edict (now Law) 1979 of the customary law regulating the succession of the Traditional Ruler Title of the Ovie (or Ororoso) of Otuo Chieftaincy.

A Declaration that:

(a) The registered Own Chieftaincy Declaration of 1964.

(b) The decisions contained in the Bendel State Government White Paper on the Report of the Ofili Commission of Inquiry into the Disturbances at Otuo, and

(c) The B.S.L.N. 141 of 1979 Declaration of the Customary Law regulating succession to the Traditional Ruler Title of the Ovie of Otuo;

are null and void in that they are contrary to the Otuo Customary Law Regulating the order of rotation and the succession to the Traditional Ruler Title of the Ovie (Ororoso) of Otuo.

A Declaration that the 17th December, 1973 appointments of the then incoming Otuo Traditional Ruler and Traditional Chiefs whereby the first Plaintiff was appointed the Ovie-elect (Ororoso) of Otuo by Otuo Kingmakers presided over by the out-going Ovie of Own, Chief Igbauma Idehai, are correct, proper, valid and in accordance with Otuo customary Law regulating the succession to the Traditional Ruler Title of the Ovie (Ororoso) of Onto and that the First Plaintiff be declared the Lawful holder and validly appointed Ovie (Ororoso) of Otua being the one duly appointed by those entitled and empowered under Otuo Customary Law to appoint an Ovie (Ororoso) of Otuo.

A Declaration that the appointment and approval of the fifth Defendant as the Ovie of Own by the First, Second, Third and Fourth Defendants are contrary to the provisions of the Traditional Rulers and Chiefs Edict (now Law) 1979 and Otuo Customary Law regulating the succession to the Traditional Ruler Title of the Ovie (Ororoso) of Otuo and that the said appointment and approval be declared null and void.

A Declaration that the said appointment and approval of the Fifth Defendant as the Ovie of Otuo are also contrary to and at variance with the decision contained in the Bendel State Government White Paper on the Report of the Ofili Commission of Inquiry into the Disturbances at Otuo and the two Bendel State Traditional Ruler and Chiefs Edicts, 1979, Extraordinary Gazette Number 16 and B.S.L.N. 141 and the said appointment and approval be declared null and void.

A perpetual injunction restraining the Defendants from holding 5th defendant out as the Lawful Ovie (Ororoso) of Otuo or as a Lawful out-going or retiring Ovie (Ororoso) of Otuo qualified to head the next Kingmakers in the appointment of the succeeding Ovie (Ororoso) of Otuo with his Traditional Chiefs’