Prince Sikiru Adebayo Sobamowo V. Prince Alhaji Waheed Elemuren & Ors (2008)

LawGlobal-Hub Lead Judgment Report

AUGIE, J.C.A.

The Elemuren of Emuren Stool is a recognized Chieftaincy in Ogun State with three Ruling Houses from which the Elemuren of Emuren is selected – Owuyo, Osiyewo & Adebo. After the death of Oba Abass Adeola from the Osiyewo Ruling House, the 2nd respondent, who was the Secretary to Sagamu Local Government, issued a Public Notice dated 17th October, 1994, part of it reads –

“The Head of Adebo Ruling House is hereby required… to summon a meeting of the family within 14 days from the date of this notice ….for the purpose of selecting a candidate to fill the vacancy.” (Italics mine)

Pursuant to the said public Notice, 177 members of the Adebo Ruling House attended the family meeting, which held at the Olomimeji Community High School, Emuren on the 29th October, 1994. A number of disputes arose and were settled at the meeting, but in the main, 137 members supported a motion NOT to present a candidate to the Kingmakers, while 40 members supported the nomination of the appellant as a candidate for the vacant stool. At the end of the day, the Adebo Ruling House did not forward the name of the appellant within 14 days as stipulated by section 15(1) of the Chiefs Law, and the appellant instituted an action at the Sagamu High Court claiming-

1. A declaration that the purported decision of Adebo Ruling House meeting held on 29/10/1994 NOT to present the plaintiff as a candidate for the vacant stool of Elemuren of Emuren is null and void and of no effect.
2. An order directing the Adebo Ruling House to present the plaintiff as a candidate to fill the vacant stool of Elemuren to the Kingmakers of Emuren.
3. An injunction restraining the 3rd defendant and or any person succeeding him as secretary to Sagamu Local Government from calling any other Ruling House of Emuren to fill the vacant stool of Emuren pending the final determination of this action.
4. An injunction restraining the 4th defendant from approving the appointment of any person as Elemuren pending the final determination of this action.

At the trial, the appellant called three witnesses and testified himself as PW4; the 1st defendant, who later died and was struck out as a party by this court, adopted the evidence of the appellant and his witnesses: the 2nd defendant, who is now the 1st respondent in this appeal, testified as DW6 and called five other witnesses: while the 3rd defendant, now the 2nd respondent, testified on his own behalf and did not call any other witnesses. At the close of pleadings, three core issues were presented for resolution by the lower court-

(1) Whether the appellant is a member of Adebo Ruling House?

(2) Who was the Head of Adebo Ruling House at the material time between the 1st and 2nd defendant?

(3) Whether the decision of the majority members of Adebo Ruling House at the meeting of 29/10/94 not to nominate a candidate was valid in law?

The 1st issue was resolved in favour of the appellant as the lower court held that he and 1st defendant “are members of Adebo Family”. The 2nd issue was resolved in favour of the 1st respondent as the lower court accepted his evidence and that of his witnesses that he was the Head of Adebo Family. In resolving the 3rd issue in favour of the 1st respondent, the lower court relying on section 53 (a) of the Interpretation Law, Laws of Ogun State, held-

” … On the whole, it is my considered view, and I hold, that the decision taken by 137 members of the family not to nominate a candidate comes within the contemplation of section 15 of the Chiefs Law … I hold that the decision taken by the 137 members of 29/10/94 was validly made”.

Aggrieved, the appellant appealed to this court with a notice of appeal containing two grounds of appeal, with ground two complaining against the lower court’s decision that the 1st respondent was the head of the family.

However, the notice of appeal was later amended with the leave of this court and therein the appellant focused his grievance with the leave of this court’s decision on the 3rd Issue, and dropped his complaint against that on issue 2. Briefs of arguments were duly filed and in the appellant’s brief prepared by Taiye Onafowokan, Esq., the appellant formulated two issues as follows –

1. Whether or not the lower court was right when it held that the decision taken by 137 members of the family not to nominate a candidate comes within the contemplation of section 15 of the Chiefs Law, Cap. 20, Laws of Ogun State.
2. Whether or not the lower court was right when it held that plaintiff’s nomination by a minority of those present, 40 of them, has not been unanimously made and has not been validly nominated by a majority of the Adebo Ruling House as their candidate to fill the vacant stool of Emuren.

The 1st respondent adopted the appellant’s issues in his brief settled by Adetunji Onabawo, Esq. The 2nd – 4th respondents did same in their own brief settled by J.K. Omotosho, Esq., but they couched issue 2 differently.

“Whether or not the lower court was right when it held that plaintiff’s nomination by a minority of those present, (40 of them) has not been unanimously made and consequently plaintiff has not been validly nominated by a majority of the Adebo Ruling House as their candidate to fill the vacant stool of Emuren.”