Prince Duro Aderemi Ladejobi & Ors. V. Otunba Ainofi Afolorunsho Oguntayo & Ors (2004)

LAWGLOBAL HUB Lead Judgment Report

UWAIFO, J.S.C.

The appellants are principal members of the Afurukeregboye Ruling House of Ijebu-Ife. It has become necessary to fill the vacant stool of the Ajalorun Chieftaincy title of Ijebu-Ife. The appellants are aggrieved that in the process of presenting candidates from whom to fill the vacant stool, at a meeting of the Ruling House held on 20th March, 1995, the 1st respondent was nominated along with the 1st appellant and three others. They say that the 1st respondent who is the Oraderemo and a kingmaker, is not, for various reasons given, qualified to become the Ajalorun:

(1) he is not a bona fide member of the Ruling House;

(2) he is not a descendant of any previous occupier of the Ajalorun Stool;

(3) he is not a Prince (Omo-Oba);

(4) being a kingmaker he is disqualified from becoming an Ajalorun.

The appellants (as plaintiffs) brought this suit in a representative capacity In the High Court, Ijebu-Ode, for themselves and on behalf of the Afurukeregboye Ruling House, seeking the following reliefs against the respondents (as defendants), of whom the 1st – 7th are now the real respondents:

“(a) A DECLARATION that the 1st defendant is not a bona fide member of the Afurukeregboye Ruling House of ljebu-Ife.

(b) A DECLARATION that the 1st defendant is not qualified or competent to be nominated to or occupy the stool of the Ajalorun of Ijebu-Ife by virtue of the Ajalorun of Ijebu-Ife Chieftaincy declaration.

(c) AN ORDER setting aside the purported nomination and selection of the 1st defendant to occupy the stool of the Ajalorun of Ijebu-Ife.

(d) AN ORDER of perpetual injunction restraining the defendants jointly and severally from recognising, presenting, installing or in any manner whatsoever or howsoever treating the 1st defendant as the Ajalorun of Ijebu-Ife.

(e) AN ORDER of perpetual injunction restraining the 1st defendant from holding himself out as or performing the functions of the office of the Ajalorun of Ijebu-Ife.”

The 1st defendant filed a motion in the High Court raising as a preliminary issue the locus standi of the 2nd, 3rd and 4th plaintiffs to institute the suit. It was sought to strike out their names from the suit. The learned trial Judge (Osidipe, J.) in a considered ruling given on 14th July, 1995, allowed the motion, holding that the “2nd – 4th plaintiffs have not shown enough locus standi to institute and prosecute this case. They are therefore struck off this case leaving only the 1st plaintiff to continue the action.” The appeal against that ruling was dismissed on December 1, 1999 by the Court of Appeal, Ibadan Division.

The appellants have asked that this appeal against the judgment of the court below be resolved upon the sole issue whether or not they have the locus standi to institute this suit. The 1st respondent who is the only respondent now challenging this appeal virtually agrees with the sole issue. It seems to me the learned trial Judge relied essentially on Momoh v. Olotu (1970) ANLR 121 (Second Edition) when he said that the Supreme Court in that case held: