Prince Michael Daramola & Ors V. The Attorney General of Ondo State & Ors (2000)

LawGlobal-Hub Lead Judgment Report

ONNOGHEN, J.C.A.

This is an appeal against the Judgment of Hon. Justice S. Kunle Ajayi of the High Court of Justice, Ondo State holden in Ijero-Ekiti in Suit No. HCJ/35/91 delivered on the 31st day of March, 1995 in which he dismissed the claim of the Appellants, then as Plaintiffs.

By a writ of summons filed by the appellants at the High Court, the Plaintiffs claimed against the defendants, now respondents, as follows:

“(a) a declaration that the purported appointment by the Government of first defendant, third, fourth, fifth and sixth defendants as warrant chiefs to appoint a new Ajero of Ijero-Ekiti is illegal, wrongful, against the native law, custom and tradition of Ijero-Ekiti, unconstitutional, null and void and of no effect whatsoever.

(b) a declaration that the purported appointment of second defendant as the new Ajero of ljero-Ekiti by third, Fourth, fifth and sixth defendants is illegal, wrongful, against the native law, custom and tradition of Ijero-Ekiti, null, void and of no effect whatsoever.

(c) a declaration that the purported approval of the appointment of second defendant as Ajero of Ijero-Ekiti by the Government of first defendant is wrongful, illegal, unconstitutional, null, void and of no effect whatsoever.

(d) an order nullifying both the aforesaid appointment and the approval of appointment of second defendant as Ajero of Ijero-Ekiti.

(e) An order restraining the second defendant from parading, calling and styling himself as the Ajero of Ijero-Ekiti and from enjoying any salary, remuneration or perquisites appertaining to the title.”

However, in the further Amended Statement of Claim at pages 208 – 223 of the record of proceedings the claim was amended to read:

“(a) a declaration that the Arojojoye Ruling House to the Ajero of Ijero-Ekiti Chieftaincy consists of seven stocks: Odogun, Odo-Idara, (Aminnin), Akere, Kumuyi, Akata, Adewa/Aderuki and Akutupu.

(b) a declaration that the plaintiffs are authentic members of the Akata stock of the said Arojojoye Ruling House.

(c) a declaration that the selection and presentation of the third defendant by the second defendant to the kingmakers and/or third, fourth, fifth, sixth and seventh defendants as warrant chiefs is against the history, native law and custom of Ijero-Ekiti and hence wrongful, illegal, unconstitutional, null, void and of no effect whatsoever.

(d) a declaration that the purported appointment by government of first defendant, of fourth, fifth, sixth and seventh defendants as warrant chiefs to appoint a new Ajero of Ijero-Ekiti is illegal, wrongful, against the native law and custom and tradition of Ijero-Ekiti, unconstitutional, null, void and of no effect whatsoever.

(e) a declaration that the purported appointment of third defendant as the new Ajero of Ijero-Ekiti by fourth, fifth, sixth and seventh defendants is illegal, wrongful, against the native law, custom and tradition of Ijero-Ekiti, unconstitutional, null, void and of no effect whatsoever.