Prince Saliu Adebisi Sadiku V. Prince Musafau Omowale Kassim & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of an Ogun State High Court sitting in Ijebu-Igbo Judicial Division which was delivered on the 30th of July, 1998 wherein the learned trial Judge dismissed the Appellant’s claims.

The facts which led to this action before this court are that sometime in May 1994, Oba Daniel Adetayo Kupakude IV, the Orimolusi of Ijebu-Igbo joined his ancestors. In the event, a vacancy occurred in the stool of the Orimolusi of Ijebu-Igbo. The filling of the stool is governed by a Registered Declaration made under the Chiefs Law of Ogun State. The Declaration contains the Customary Law regulating the filling of the Orimolusi of Ijebu-Igbo Chieftaincy. In accordance with the Declaration, it was the turn of the Ojuromi Ruling House to propose candidates to fill the vacancy. Members of the said Ruling House met and nominated eight members of the house, whose names were sent to the Kingmakers.

The Kingmakers met and six of them voted for the 1st Defendant, whilst three voted for some other candidate other than the Appellant who was the Plaintiff at the lower court. Appellant being aggrieved by the outcome of the whole exercise filed the action at the lower court praying for the reliefs set out in his statement of claim at pages 27-28 of the record.

The grouse of the Appellant is that the 1st Respondent was not eligible to be proposed as a candidate for the vacant stool because he is from the female line of the family. Another ground of his complaint against the appointment of the 1st Respondent is that the Appellant’s candidature was not considered at all by the Kingmakers. While 1st Respondent’s case was that he was eligible for selection and appointment to the office of the Orimolusi of Ijebu-Igbo being a member of the Ojuromi Ruling House, a son of a previous holder of the title and a male descendant of the Ruling House.

Pleadings were filed and exchanged between the parties.

The case went on trial. At the close of evidence, Learned Counsel to the parties addressed the court and judgment was reserved till 30/7/98. The learned trial Judge in his judgment delivered on the 30th July, 1998 dismissed the Appellant’s claims. Appellant being dissatisfied with the judgment appealed to this court vide his notice of appeal dated 31st July, 1998 at pages 127-129 of the record of appeal.

In compliance with the rules of this Court, Appellant’s amended brief of argument pursuant to the Order of this Court made on 12th February, 2007 is dated 4th of May, 2007 but filed on 8th of May, 2007. 1st-4th Respondents’ amended brief of argument is dated and filed 9th of May, 2007. 5th – 6th Respondents’ amended brief of argument is dated 1st of February, 2012 but filed on the 9th of March, 2012.

Appellant distilled three issues for determination from the grounds contained in the notice and amended notice of appeal as follows:-

(1) Whether the Kingmakers of Orimolusi of Ijebu-Igbo Chieftaincy at their meeting held on the 6th of January, 1997 as contained in exhibit B, did select or appoint a candidate in accordance with the provisions of the Orimolusi of Ijebu-Igbo Chieftaincy Declaration (Exhibit A) and Section 15(1), (e), (f)(ii) and (iii) of the Chiefs Law, Cap 20 Volume 1 Laws of Ogun State of Nigeria 1978;

(2) Whether the interpretation which the learned trial Judge placed on the provisions of the Orimolusi of Ijebu-Igbo Chieftaincy Declaration (Exhibit) is correct in law;

(3) Having regard to the totality of the evidence before the Trial Court, and the procedure adopted by the Kingmakers at their meeting held on the 6th day of January, 1997, (exhibit B) could it be said that, the Kingmakers did consider first candidates from the male line before proceeding to consider other candidates from the female line.

1st-4th Respondents distilled two issues for determination as follows:-

(1) Was the learned trial Judge right in holding that on a proper interpretation of clause (iii) of the Declaration regulating the selection of the Orimolusi of Ijebu-Igbo Chieftaincy, the 1st Defendant was entitled to be proposed as a candidate for the vacant stool of the Orimolusi;