Prince Jimoh Yusuff Olabode Niass v. The Executive Governor Of Oyo State & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWABUNKEONYE ONWOSI, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of Justice, Oyo State, in Saki Judicial Division, delivered by Hon. Justice L. A. Ganiyu on the 1st day of July, 2019, in suit No: HSK/10/2016 wherein the judgment was in favour of the respondents.

Dissatisfied with the decision, the appellant filed a notice of appeal on the 27th day of August, 2019, setting out thirteen (13) grounds of appeal.

The facts leading to this appeal are acquiescent to a brief summary. The dispute between the parties began after the demise of the Bagii of Saki, Chief Muritala Oladepo on the 6th day of August, 2015, when the stool of Bagii of Saki became vacant.

Thereafter, on the 6th day of October, 2015, the Ikujenya family nominated the appellant and the 6th respondent to the head of Kingmakers (5th respondent) to fill the vacant stool. The Kingmakers met and purportedly appointed the 6th respondent as Bagii.

After the appointment, the appellant and others felt dissatisfied with the conduct of the Kingmakers meeting and the appointment of the 6th respondent, therefore, engaged the service of a Legal practitioner to make representation to the Governor for the Governor to set aside the appointment of the 6th respondent.

The appointment of 6th respondent was set aside via the letter dated 12th October, 2015 written through the Legal Practitioner engaged by the appellant and three others wherein the Kingmakers were directed to follow the due process of law in order to avoid unnecessary litigation.

On the 24th December, 2015, Ikujeniya Ruling House held another nomination meeting in the presence of the officials of the 4th respondent where the appellant, 6th and 7th respondents were nominated as candidates for the vacant stool. The kingmakers after the consideration of the candidates voted, the 6th respondent was appointed and his appointment was communicated to the 1st respondent.

Sequel upon the appointment, the appellant by a writ of summons filed on the 14th day of March, 2016 instituted this suit against the respondents and claimed the following reliefs at the trial court as follows:

a. A declaration of this court that the presence of and voting by the 8th defendant Chief Samson Atanda Abokede from Agoro Anilelerin, Saki in the appointment of candidate done on 4/1/16 at Apeeki quarters not being a member of the Kingmakers has made the appointment of 6th defendant to be bad, null and void and of no effect whatsoever.

b. A declaration of this court that by the setting aside of the first election purportedly to have been won by the 6th defendant, which Voting was done on 8/10/2015 by the Executive Governor of Oyo State through their letters Ref. No: C.B.144/25/2/442 of 23rd Nov., 2015, and the one dated 10th December, 2015 Ref. No. CB 141/25/2/445, Alh. Rashid Kasali Adegoke otherwise called Prince Abdul-Rasheed Ghazal Adegoke is no more competent and qualified to contest in the second election which was conducted on 4/1/16 pursuant to section 20(5) of the Chiefs Law of Oyo State, 2000.

c. A declaration of this court that the Kingmakers are not independent and bias and are consequently incapacitated as Kingmakers having declared openly at the Local Government Secretariat on 30/11/15 in the meeting of the 4th defendant with Kujenya family and in the pages of Alaroye Newspapers before the conduct of the election of 4/1/16 that they are not going to repeat the election again and that the 6th defendant is their choice which pronouncement and position has predetermined the outcome of the election held on 4/1/16 contrary to section 36(1) of the Constitution and rules of fair hearing.

d. A declaration of this court that the Bagii Ruling House to present candidates to fill the vacant stool is Bagii Kujenya Ruling Family and that the nomination and presentation of Mr. Yusuff Abdul Ganiyu Adebowale who is from Ladubu Ruling family by the 9th and 10th defendants is wrong and therefore null and void and same is contrary to Chiefs Law of Oyo State.

e. A declaration that the election and the appointment of Alh. Rashid Kasali Adegoke which election was done on 4/1/16 was fraudulent and marred with irregularities when the claimant was not allowed into the voting arena by the 4th defendant and Police and the claimant is not represented at all at the voting contrary to the Principles of fair hearing as guarantee by 1999 Constitution of Federal Republic of Nigeria.