Prince Olufemi Fasade & Ors V Prince Iyiola Babalola (2003)

LAWGLOBAL HUB Lead Judgment Report

S.O. UWAIFO, JSC

This case concerns the Owa of Igbajo Chieftaincy. Igbajo is located in Ifelodun District Council area. It was formerly in Oyo State but now in Osun State following the creation of the latter as a new State from the former. The last Owa of Igbajo, Oba Famodun II, died in 1988. The vacancy thus created was due to be filled by Owa-Ilaro Ruling House producing a candidate. Prince Olufemi Fasade (1st appellant) emerged as the candidate by the decision of the kingmakers. His name was submitted to the Secretary, Ifelodun Local Government Council. The Secretary forwarded the same to the Oyo State Government for approval. This was accordingly given.

This suit was thereafter brought by four plaintiffs. The 1st and 3rd of them have since died. The 2nd was on 2nd May, 1990 withdrawn from the case at the trial court on the application of plaintiffs’ counsel. His name was consequently struck out. The only plaintiff/respondent is now Prince Iyiola Babalola. The claim pursued at the trial was stated as follows:

“(a)A declaration that the nomination and/or selection of the 1st Defendant as the Owa of Igbajo elect is contrary to the procedure of nomination and selection contained in the Chieftaincy Declaration of Aringbajo of Igbajo and is therefore null and void.

(b) declaration that (under) the customary Law prevailing in Igbajo both the Odofin Iloro and the Owa of Igbajo cannot be selected, nominated and/or appointed from the same section and/or branch of a Ruling House.

(c) A declaration that the nomination and/or selection of the 1st Defendant from Akeran section and/or branch of Owa Iloro Ruling House as the Owa of Igbajo elect is contrary to the Customary Law and/or tradition for the appointment of Owa of Igbajo.

(d) An injunction restraining the Defendants by themselves, their Servants, Officers, Agents or privies or howsoever from taking any steps or action based on or pursuant to the decision of the 4th-9th Defendants (The kingmakers) in their meeting held on the 8th day of March, 1989 wherein the 1st Defendant was selected to fill the vacant stool of Owa of Igbajo.”

There was also a counterclaim as follows:

“(1)Declaration that the Aringbajo of Igbajo (now known as Owa of Igbajo) Chieftaincy Declaration declared by the Ifelodun District Council on the 17th day of October, 1955 and passed by the Council on the 16/11/56, approved at Ibadan on 28/1/57 and registered on 8/2/57 is null, void and of no effect in as much as it contains the provision that ‘whenever a vacancy occurs (in the Aringbajo Chieftaincy title), the kingmaker shall require the Head-Omoba of the ruling house who is the person holding the title of Olori-Omoba in that house to present a candidate from the house whose turn it is to produce a candidate which provisions is not in accordance with the customary law and practice governing the selection of and presentation of candidates to the kingmakers whenever a vacancy occurs.

(2) Declaration that the nomination and presentation of the 1st Defendant and other candidates considered suitable to fill the vacancy in Owa of Igbajo Chieftaincy title to the kingmakers by Owa of Iloro Ruling House acting through the family head and the selection of the 1st defendant among the list by the kingmakers as Owa-elect is in accordance with the customary law and practice governing appointment, nomination, presentation and selection of candidates to fill a vacancy in Owa of Igbajo Chieftaincy title and is therefore proper and valid.”

In the course of the judgment given on 2nd August, 1990 at the High Court sitting at Oshogbo, Kolawole, J., dealt with a number of issues which he considered arose from the

case. The learned trial Judge was rather painstaking in his consideration of the evidence and in the resolution of the said issues. He dismissed the claim and granted the counter-claim.

The plaintiffs appealed to the Court of Appeal, Ibadan Division, while the 2nd and 3rd defendant cross-appealed. The 2nd and 3rd defendants were the Military Governors of Oyo State (later Military Administrator of Osun State) and the Attorney-General of Osun State respectively. In the appeal five issues were canvassed as follows: –

“1. Whether the 1st defendant has been validly appointed as the Owa of Igbajo in accordance with the provision of the Registered Chieftaincy Declaration of Aringbajo of Igbajo (Exhibit ‘B’)