Prince Eyimade Ojo & Ors. V. The Governor Of Oyo State & Ors. (1989)

LawGlobal-Hub Lead Judgment Report

NNAMANI, J.S.C. 

In this Suit which commenced in Oyo Judicial Division of the High Court of Oyo State, the Plaintiffs claimed against the Defendants the following reliefs:-

“1. Declaration that the 1956 Baale of Ilora Chieftaincy Declaration is the only valid declaration in respect of the Baale of Ilora Chieftaincy and that the present Kingmakers are the only persons entitled to select a Baale of Ilora-elect.

2. Declaration that the Secretary of Oyo South Local Government’s Circular Letter reference No. OYLSG535/Vol.11/394 of 11th January 1982 appointing warrant Kingmakers and inviting such appointees to consider a list of candidates for the purpose of filling the vacancy in the Baale of Ilora Chieftaincy is improper, invalid and of no effect.
3. Declaration that the purported meeting of the warrant Kingmakers held at Jobele on Wednesday, 13th January, 1982 and the selection of a candidate for the filling of Baale of Ilora Chieftaincy is against the customs and traditions of Ilora, unconstitutional, invalid, improper and of no effect.
4. Injunction restraining the 3rd defendant from further participation in the processes (as Baale-Elect) appointment and installation of the Baale of Ilora and from parading himself as Baale Elect of Ilora.
5. Injunction restraining the 1st defendant from approving the 3rd defendant or any other candidate that the 4th defendant may submit to him as Baale-Elect of Ilora and subsequently installing any such candidate as Baale of Ilora.
6. Injunction restraining the 4th defendant from further participation in any exercise connected with the processes of the approval and installation of the 3rd defendant as Baale Elect of Ilora.”

Pleadings were ordered and were filed and exchanged by the parties. On the 2nd June, 1982, Falade. J. delivered judgment and dismissed all the claims. An appeal to the Court of Appeal (Uche-Omo, Sulu-Gambari and Onu, JJ.CA.) was dismissed on 28th November, 1984. The appellants then appealed to this Court filing 7 grounds of appeal. Briefs of argument were filed by Counsel to both parties.

In his brief of argument, learned Counsel to the appellants, Mr. Olanipekun, set down the issues for determination. In his own view these were:-

1. Whether the Chieftaincy Declaration in this matter is the only one that should be used in the selection of Baale of Ilora in view of Section 9 of the Chiefs Law of Oyo State Cap. 21,1978.
2. Whether the Governor of Oyo State or anyone has an arbitrary right of taking away vested rights in a law without legislative approval or the repeal of such section.
3. Whether it is not against the traditions of Ilora people to select a Baale of Ilora outside Onsa’s House in Ilora.
4. Whether the Kingmakers have not complied with the Declaration by appointing the Appellant.
5. Whether in view of all the foregoing the 1st Respondent was right in appointing warrant Kingmakers to displace legal Kingmakers.
6. Whether the Court of Appeal was right in not allowing the appeal after they had held that a ground of appeal partially succeeds and did not state the extent and effect of such success on the appeal.”

Learned counsel to the 3rd defendant/respondent Mr. Afolabi, raised in issue 2 of the issues for determination, a matter which is important to the determination of this appeal.

This is:-

“What is the effect of Sections 13 and 16 of the Chiefs Law, Cap.19, Laws of Western Region of Nigeria 1959 on such custom if it exists at all”

All the counsel elaborated on their briefs of argument in oral address to this Court and I do not find it necessary to set down those addresses except as is necessary in this judgment. This is also a case in which I do not find it necessary to set down the pleadings of the parties. I shall of course refer to them as necessary in the course of this judgment. As regards the pleadings, I observe that there is very little dispute between the parties.

For instance, there is no dispute that there was a vacancy in the Baale of Ilora Chieftaincy; that there was a Chieftaincy Declaration in 1956 for the Baale of Ilora Chieftaincy; that it was the turn of the Okunla Ruling House to provide the next Baale; that six candidates were provided for the vacant stool; that the 1st appointment of 1st Appellant, Eyinade Ojo, was set aside by the Oyo State Government.

The areas of dispute relate to whether a Baale of Ilora is ever appointed outside the ONSA’S house, particularly at JOBELE, and whether 3rd Respondent was a member of the Okunla Ruling house. In the course of this judgment, it will be seen that the question of the custom on the venue of the appointment of the Baale, or more particularly whether a Baale could be appointed at JOBELE has become largely irrelevant.

It is also to be remembered that there is no claim herein for a declaration that 1st defendant acted ultra vires his powers in rejecting the 1st appointment of 1st appellant as Baale of Ilora. In the circumstances, it is my view that any pleadings, evidence or submissions relating to the removal of the 1st Appellant are really irrelevant to the main issues in this case.

However, in order to understand this case, it is necessary to set down the facts. I would adopt the resume given by the learned trial Judge. According to this, the stool of Baale of Ilora became vacant in 1979 as a result of the F death of Chief Oparinde, the then incumbent. By the Baale of Ilora Chieftaincy Declaration 1956 it became the turn of Okunla Ruling House to present a candidate to fill the vacant stool. Six candidates were nominated by the members of Okunla Ruling House which included Eyimade Ojo (1st Plaintiff), Olayiwola Olawore (3rd defendant), Deacon S. Ola Ojo, Festus Bisiriyu, Inaolaji Akinyemi and Ajibi Oyekola. The late Olanniba Ajala, the then head of the Ruling House presented them to the traditional kingmakers. The living five traditional kingmakers included Chief Ogunrombi, the Odofin; Chief D.K. Sangonte, the Balogun; Chief Wajuola Oyesoro, the Ejemu; Chief Adedewe Abake, the Iyalode and Chief Ajibade Adesina, the Onsa and their Chairman. The other three kingmakers had died. The kingmakers met, deliberated and considered the six contest ants and by a majority of three to two, appointed Eyimade Ojo as Baale of IIora. Their resolution and certificate of appointment were sent to the Governor (1st defendant) for approval. However, the appointment was set aside because of representations and petitions the Government received from the members of Ilora Community. The Government ordered a fresh exercise to be conducted but directed that on the ground of what it called interest of justice, Chief Wojuola Oyesoro, the Ejemu of Ilora should not participate in the deliberation or meetings of the kingmakers. The Secretary to the Oyo South Local Government (4th defendant) set the ball rolling by inviting again the Okunla Ruling House to meet and nominate fresh candidates for the said vacant stool. The Ruling House met and nominated 5 candidates including 1st Plaintiff and 3rd defendant. Karimu Oyewole Aiki, the new head of Okunla Ruling House presented them to the traditional kingmakers for deliberation and consideration. The kingmakers met but the 4th defendant objected to the Ejemu taking part because of the directive of the Government that he should not take part. Chief Wojuola Oyesoro, the said Ejemu insisted that he would participate and even vote short of which he would cause trouble. He even threatened his colleagues with ‘Juju’. Chief Ajibade Adesina, the Onsa and head of the kingmakers, supported the Ejemu and he himself threatened that no meeting would be held except the Ejemu was allowed to participate and vote contrary to the Government’s directive. The Onsa thereafter refused to call any meetings of the traditional kingmakers despite several appeals and warnings by the Government. Of course the Onsa in several letters made his own position clear. The Government then subsequently appointed eight warrant kingmakers in persons of Chief Ezekeil Ogunrombi, Chief D.K. Sangonte, Chief J.E. Ojo, Owoade Aderinkola, Madam Kikelomo Aliko, Olorode, Alhaji Opeloyeru and P.A. Arokale who met at Jobele on 13/1/82 and considered the five contestants (3 were actually absent although they seem to have had notice of the meeting) before unanimously appointing Olayiwola Olawore as the Baale of Ilora. Their recommendation and Certificate of Appointment were sent to the Governor of Oyo State who approved same on 12/2/82.

The learned trial Judge made some findings of fact and arrived at some conclusions in his judgment. These included the following:-