Prince (Dr.) Adebayo Mafimisebi & Ors V. Governor Of Ondo State & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HON. JUSTICE MOORE A.A. ADUMEIN, J.C.A (Delivering the Leading Judgment)

The present appellants were the 1st, 7th and 9th plaintiffs in Suit No. FHC/AK/CS/01/2010 commenced by a writ of summons and a statement of claim filed on the 6th day of January, 2010. There were 9 (nine) Plaintiffs in the lower court- Federal High Court, Akure Division.

The claim of the appellants in the lower court, as endorsed in paragraph 23 of their statement of claim, at page 9 of the record of appeal, is as follows:

“23 WHEREOF the plaintiffs have suffered and claim jointly and severally as follows:

1. A DECLARATION that the selection process and/or purported selection of the 3rd defendant by the 4th to 6th defendants as the sole candidate for the vacant stool of Olugbo Chieftaincy is irregular, wrongful and contrary to the custom of Ugbo Kingdom.
2. A DECLARATION that the exclusion of the 1st Plaintiff from the selection process for the vacant Olugbo Chieftaincy stool is wrongful and contrary to the custom of the Ugbo people and Kingdom.
3. A DECLARATION that the interference with the rights of the 2nd to 9th plaintiff as kingmakers to select the candidate for the vacant Olugbo Chieftaincy stool in the absence of a Chieftaincy declaration is wrongful, irregular and contrary to the custom and tradition of the Ugbo people.
4. A DECLARATION that the issuance of the Instrument of Appointment to the 3rd defendant on 30th December 2009 and the Staff of Office on 31st December 2009 in Akure, Ondo State, by the 1st defendant is unlawful, illegal, rull, void and contrary to the custom of Ugbo Kingdom.
5. AN ORDER setting aside the Instrument of Appointment and the Staff of Office issued by the 1st Defendant to the 3rd defendant for being null, void and contrary to the custom and tradition of Ugbo Kingdom.
6. AN ORDER OF PERPETUAL INJUNCTION restraining the 3rd Defendant, his agents, servants or privies from parading himself, as the Olugbo of Ugbo Kingdom and/or carrying out the duties and functions of the Office of the Olugbo of Ugbo Kingdom.
7. AN ORDER OF PERPETUAL INJUNCTION restraining the 1st and 2nd defendants, their agents, servants and/or privies or howsoever called from dealing with and/or continuously recognizing the 3rd defendant as the Olugbo of Ugbo Kingdom.”

On the 20th day of January, 2010 the appellants filed a motion on notice in which they sought the following relief:

“AN ORDER transferring the whole Suit No. FHC/AK/CS/01/2010 together with the sum of $125,000 (Twenty Five Thousand Naira) deposit from this Honourable Court to the High Court of Ondo State of Nigeria (Akure Judicial Division) pursuant to the provisions of Section 22(2) Federal High Court Act Cap F12 LFN, 2004.”

The grounds given by the appellants for their application were:

“1. The subject matter of the suit is outside the jurisdiction of the Federal High Court of Nigeria.

2. The Federal High Court of Nigeria is statutorily/mandatorily required to order the transfer of a suit to the appropriate High Court of the State where it is bereft of jurisdiction to adjudicate a matter.
3. The appropriate forum for the trial of this suit is the Akure Judicial Division of the High Court of Ondo State.”

Meanwhile, the respondents filed various notices of preliminary objection all bordering on the jurisdiction of the lower court to entertain the appellants’ suit. The grounds given by the 1st and 2nd respondents for asking the lower court to strike out the appellants’ suit were:

“a. By virtue of the provision of section 251 of the constitution of the Federal Republic of Nigeria 1999, the Honourable court lacks jurisdiction to hear and entertain the suit.

b. The issues raised in the suit bothers on chieftaincy which is exclusively within the purview of the state government and can only be adjudicated upon by the High Court of the State.

c. None of the parties in the suit are agents or agencies of the Federal government.

d. The plaintiffs did not comply with the condition precedent to institute the suit having failed to deposit the mandatory sum of N10, 000 in court.

e. The plaintiffs lack the locus standing to bring the suit having been disqualified in law to participate in the contest to the stool of the Olugbo of Ugbo.