Prince Felix Adebusuyi Ademuyiwa V. Michael Adedoyin Olokunbola & Ors (2008)

LawGlobal-Hub Lead Judgment Report

SAKA ADEYEMI IBIYEYE, OFR J.C.A.

The appellant was the plaintiff at the Oka Akoko Judicial Division of the High Court of Justice in the Ondo State High Court of Justice where he filed a writ of summons specially endorsed jointly and severally against four respondents. Subsequently, he filed a statement of claim in which at its paragraph 26 sought the following reliefs:

“1. Declaration that the appointment and approval of the 1st defendant by the 4th defendant and/or Ondo State Government as Onikun of Ikun, Akoko, Ondo State, is a clear violation of the provisions of 1958 Registered Chieftaincy Declaration, Chiefs Law of Ondo State and all other enabling laws made and subsisting in that behalf and is therefore null and void and unconstitutional.

(b) Declaration that the plaintiff is the person entitled to be appointed and installed as the Onikun of Ikun Akoko, Ondo State under the Native Law, Custom and Tradition already embodied in the 1958 Registered Chieftaincy Declaration, the Chiefs Law of Ondo State and other enabling laws made and Subsisting in that behalf, regulating the Onikun of Ikun Chieftaincy, Ondo State.

(c) Declaration that ADELUSI RULING HOUSE is the only and ONE ruling House (sic) competent and entitled to present candidate for Onikun of Ikun Chieftaincy under the 1958 Registered Chieftaincy Declaration and Chiefs Law of Ondo State Regulating the ONIKUN OF IKUN Chieftaincy, Ondo State.

(d) Declaration that the 1st defendant is not competent and entitled to be appointed and installed as the Onikun of Ikun, Akoko, Ondo State under the 1958 Registered

Chieftaincy Declaration, Chiefs Laws of Ondo State and other enabling laws made and subsisting in that behalf, regulating the ONIKUN of IKUN chieftaincy, Ondo State.

(e) A mandatory order annulling or setting aside the purported appointment of the 1st defendant as Onikun or any letters or instruments purportedly issued by the Ondo State Government, her agents or privies, coffering on, or investing the 1st defendant with the rights, privileges and power of Onikun of Ikun Chieftaincy in Akoko South West Local Government Area, Ondo State.

(f) Perpetual injunction restraining the 1st defendant from holding himself out or parading himself as the Oba and the Onikun of Ikun in Akoko South West Local Government Area of Ondo State.

(g) Perpetual injunction restraining the second to fourth defendants, their agents, servants and/or privies from recognizing the 1st defendant as Oba and Onikun of Ikun or conferring any rights, privileges and power appertaining to Onikun of Ikun Chieftaincy in Akoko South West Government Area of Ondo State.”

The 1st defendant subsequent to his initial Statement of Defence filed an Amended Statement of Defence dated 5th April, 2004 of twenty one paragraphs in which he essentially justified his appointment as the Onikun of Ikun. He particularly averred in paragraphs 11, 12, 14 and 21 as follows:

“11. The 1st defendant specifically denies paragraph 17 of the Plaintiff’s Statement

of Claim and avers that his appointment as the Onikun of Ikun Akoko evidenced by the letter dated the 20th day of May, 2003, was not motivated by any political consideration as he was (and still is) a Federal Civil Servant in the Department of Customs and Excise in the Federal Civil Service. The letter of appointment is herein pleaded.

12. The 1st defendant inter alia, avers that he qualifies to be appointed the Onikun of Ikun as of right as all his great ancestors starting from Oba Olo to Ademiyiwa occupied the throne at one point in time or the other particularly Oba Olubobokun and Adigbesi who were great grand fathers to the 1st defendant’s lineage.
13. The 1st defendant herein pleads the provisions of Edict NO.3 of 1992 (sic), titled “Appointment of an Oba Presentation of Instrument of Appointment and Staff of Office Edict, 1991 which came into effect on the 23rd day of December, 1991. Since the conditions precedent set out by the said Edict were not fulfilled by the Plaintiff, the said Plaintiff is deemed to have acquiesced and cannot therefore be heard on this Chieftaincy matter.
14. On the appointment of the 1st defendant as the Onikun of Ikun, His Excellency, Governor Olusegun Agagu, by his letter dated the 7th day of August, 2003, has formally recognized him as the Onikun of Ikun, Akoko .

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