Prince Femi Agunsoye (Of Agunsoye Ruling House Of Ijebu-jesa) (For Himself And On Behalf Of The Agunsoye Ruling House) Vs Prince Joseph Babalola Arojojoye (For Himself And On Behalf Of The Nibayo/laguna Ruling House Of Ijebu-ode) & Ors (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

TIJJANI ABUBAKAR, JSC (Delivering the leading judgment)

This appeal is against the ruling of the Court of Appeal Akure Division, delivered on the 6th day of November, 2017, wherein the appellant’s appeal against the ruling of the trial court was unanimously dismissed by the lower court.

The claim of the 1st to 4th respondents in this appeal as plaintiffs/claimants at the trial court as per the writ of summons taken out on the 6th day of October, 2017 reads as follows:

1. “A declaration that under and by virtue of the customs and tradition relating to the Elegboro of Ijebu-Ijesa Chieftaincy Stool, it is the prerogative of the six (6) ruling houses to submit names to the Iwarefas the traditional kingmakers for their consideration in the selection process to fill the vacant stool.
2. A declaration that under and virtue of customs and tradition relating to the Elegboro of Ijebu-Jesa Chieftaincy stool, it is the prerogative of the Iwares who the traditional kingmakers are to appoint the Elegboro of Ijebu-Ijesha.
3. A declaration that the selection of Prince Femi A Gunsoye, the 1st defendant by Oriade Local Government, Osun State as the Elegboro elect of Ijebu-Jesa in Oriade Local Government, Osun State is irregular and a violation of the law, customs, tradition, and history of Ijebu-Jesa and is therefore unconstitutional, illegal, arbitrary, discriminatory, null and void and of no effect whatsoever.
4. A declaration that the selection of the 1st defendant by Oriade Local Government, Osun State is unconstitutional, illegal, arbitrary, discriminatory, null and void on the ground that he was not selected by the Iwarefas the traditional Kingmakers who are vested with the selection of Elegboro of Ijebu-Jesa, Oriade Local Government, Osun State.
5. An order setting aside the selection of the first defendant on 25th of September, 2017 to fill the vacant stool of Elegboro of Jesa as the selection runs contrary to the customs and tradition of Elegboro of Ijebu Jesa and relevant provision of the Chiefs Laws of Osun State.
6. An order directing that a fresh process of selection be made by the 2nd and 4th defendants in accordance with the established tradition and customs of Elegboro of Ijebu Jesa.
7. An order restraining the new six warrant Chiefs appointed by the 4th defendant from selecting or having anything to do with the selection into the vacant stool of the Elegboro of Ijebu jesa.
8. Perpetual Injunction restraining the 2nd – 4th defendants from recognizing the 1st defendant as the Elegbo elect of Ijebu jesa, Oriade Local Government, Osun State.
9. Perpetual injunction restraining the 1st defendant from further parading himself or authorizing, encouraging or allowing any publication causing himself to be addressed as the Elegboro elect of Ijebu Jesa, Oriade Local Government. Osun State.
10. Perpetual injunction restraining the 2nd and 4th defendants by themselves, their servant, agent, and/or privies or anybody or person from performing the final traditional rites on the 1st defendant as the Elegboro of Ijebu jesa from appointing warrant king makers.
11. An order directing the 2nd and 4th defendants to recognize the Iwarefas the traditional kingmakers of Ijebu jesa as having the authority as confined on them by the customs and tradition of Ijesa jesa and to allow and assist them to set in motion the exercise of selecting an Elegboro elect from among the candidates submitted by the ruling houses of Ijebu jesa, Oriade Local Government, Osun State.
12. A declaration that the Constitution of the six (6) warrant Chiefs to the neglect of the old four existing Iwarefas, the traditional kingmakers by 2nd and 4th defendants for the purpose of selecting the 1st defendant is illegal and not in conformity with the customs and tradition of Ijebu Jesa Oriade, Local Government, Osun State.
13. An order suspending further action on filling the vacant stool of Elegboro of Ijebu Ijesa, Oriade Local Government Osun State pending the determination of the case.

At the trial court, the defendant now appellant in this appeal, filed a notice of preliminary objection on the 16th day of October, 2017 challenging the jurisdiction of the trial court to make declarations in respect of the stool of Elegbore of Ijebu-ijesa as sought by the 1st to 4th respondents.

The appellant also argued in the preliminary objection that the claimants are not juristic persons as they instituted the action in a representative capacity. Appellant further contended in the preliminary objection that the 1st to 4th Respondents had no locus standi to institute the action.

See pages 91 to 92 of the records of appeal. The learned trial judge after considering the submissions of counsel dismissed the preliminary objection having found that the objection lacked merit.

The appellant became aggrieved by the decision of the trial court, and therefore appealed to the Court of Appeal, Akure Division. The lower court in its judgment delivered on the 26th day of March, 2021, dismissed the appellant’s appeal and affirmed the ruling of the trial court.

The decision of the lower court further nettled the appellant who again appealed to this court on the 16th day of June, 2021. The appellant’s notice of appeal contains four grounds of appeal.

Appellant’s brief of argument was filed on the 13th day of October, 2021 by learned counsel Chukwudi Maduka, Esq. In the appellant’s brief of argument, learned counsel nominated and argued four issues for determination, the issues are reproduced as follows:

(a) “Whether considering the failure of the 1st – 4th respondents to wait for the outcome of their petition does not constitute non-compliance with conditions precedent stipulated in sections 20 and 35 of the Chiefs Law of Osun State . (Ground 1).

(b) Whether the reliefs as endorsed on the writ of summons can be granted in the absence of the Oriade Local Government Authority, the appointing authority to the stool of Elegboro of Ijebu jesa. (Ground 3).

(c) Whether the Court of Appeal was not wrong when it held that the 1st – 4th respondents disclosed sufficient locus to institute this action in respect of Elegboro of Ijebu Jesa Chieftaincy. (Ground 4).

(d) Whether on the strength of the decision in Ajakaiye v. Idehai (1994) 8 NWLR (Pt. 364) 504 on the duty of a court not to Usurp executive functions vis-a vis chieftaincy declarations, the Court of Appeal was not wrong when it held that the trial court has jurisdiction over the 1st – 4th respondent’s suit. (Ground 2).”

The 1st to 4th respondents through learned counsel Biola Ladapo, Esq., filed the 1st to 4th respondents’ brief of argument on the 4th day of February, 2022, In the 1st to 4th Respondents’ brief of argument, learned counsel adopted the issues as formulated by the appellant and argued the appeal accordingly, since counsel has adopted the appellants issues for determination, it is needless reproducing the issues again.