Prince James Adeleke Osayomi & Ors V. The Executive Governor Of Ekiti State & Ors (2007)

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TIJJANI ABDULLAHI, J.C.A.

This is an interlocutory appeal against the ruling of the High Court of Justice, Ekiti State holding at Ado-Ekiti delivered by Han, Justice M. O. Abodunde on the 17th day of March, 2005.

The case as can be gleaned from the Record of Proceedings has a chequered history. It was an action brought in a representative capacity. The case was instituted on July 8, 1993 by the Plaintiffs/Respondents. On the 18th June, 1998 judgment was however given in favour of the Plaintiffs/Respondents without giving the Defendants opportunity to open their defence. The Defendants/Appellants appealed against the said judgment. The case was subsequently re-assigned to Court No. 7 presided over by Hon. Justice M. O. Abodunde. The Plaintiffs/Respondents in their Statement of Claim, claim against the Defendants/Appellants as follows:

1. A declaration that from time immemorial and up till the time of taking this action, the traditional kingmakers for the selection and appointment of Olosan are Chief Obalapa, chief Odofin and Chief

Obaoye of Osan.

2. A declaration that the appointment of the 6th Defendant, Julius Ogunkayo, as a warrant Chief by

the 1st Defendant, whilst the incumbent holder Chief Rotimi Adeoye Obalapa is alive and capable, ready and willing to perform such function, is unwarranted and against the Native Law and custom of Osan-Ekiti.

3. A declaration that the 1st plaintiff has been duly selected by the majority of the Kingmakers as the

Olosan of Osan since 1988 in accordance with the Native law and custom of Osan-Ekiti.

4. A declaration that the purported approval by the 1st ‘E2’80 3rd Defendants of the selection of the 4th

Defendant Yusuf Babatunde Anisu as the Olosan-Ekiti is against the Native Law, tradition and therefore, illegal, null and void.

5. A declaration that the 4th Defendant, Yusuf Babatunde Anisu is not a prince by birth hence he is not eligible to the throne of Olosan of Osan-Ekiti.
6. An injunction restraining the 4th Defendant from parading/holding himself out as or performing the

functions/duties of the Olosan of Osan or wearing the regalia of the said Olosan of Osan Chieftaincy.

7. An injunction restraining the 1st – 3rd Defendant, their Agents Servants or privies from recognizing or dealing with the 4th Defendant as the Olosan of Osan-Ekiti. ”

Having sued in a representative capacity without the consent, authority and blessing of Ijigbe, Iwoye ado and Isalu Ruling Houses, the defendants/appellants challenged the suit in their statement of defence. Refer to paragraphs 5, 6 and 7 of the state-ent of defence of the appellants.

Upon the case coming up before Hon. Justice M. O. Abodunde consequent of order for retrial, the appellants filed a motion dated 18th January, 2005 challenging the jurisdiction of the trial court to adjudicate on the matter.

The lower court heard the application and dismissed same on the 17th of March, 2005. The Ruling is contained on pages 44-51 of the records.

The appellants were dissatisfied with the ruling of the 17th March, 2005. They appealed against it. Their Notice of Appeal was filed on the 29th of March, 2005 within time containing 9 grounds.

From the said grounds on behalf of appellants, six issues were distilled for determination and same reproduced are as follows:

a. Whether on not the Plaintiffs/Respondents have the requisite locus standi to institute this action at the