Prince Yaya Adigun & Ors. V. The Secretary, Iwo Local Government & Anor. (1999)

LAWGLOBAL HUB Lead Judgment Report

M. A. BELGORE, J.S.C

On the 23rd day of February, 1999, I dismiss this appeal and adjourned to today to give reasons for the decision. I now hereby give reasons for the judgment.

The appellants Prince Yaya Adigun and two others for themselves and on behalf of Ogunmakinde Ande Ruling House of Iwo brought a suit against the Military Governor of Oyo (now substituted by Military Administrator of Osun State) and Secretary Iwo Local Government and sixteen others (who are various chiefs of Iwo town) claiming as follows:

(i) Declaration that in the absence of an Oluwo of Iwo, no new declaration of custom regulating the succession to the Oluwo of Iwo Chieftaincy can be made.

(ii) Declaration that until a new Declaration regulating succession to Oluwo of lwo Chieftaincy has been made, the Ogunmakinde Ande Ruling House in accordance with the Customary Law applying to that Chieftaincy is the only Ruling House to present a candidate for the Oluwo of Iwo.

(iii) Declaration that the right of Ogunmakinde Ande to present a candidate for the vacant stool of Oluwo of Iwo had accrued since the Judgment of the Supreme Court on 20th March. 1987. which

invalidated both the declaration of 4th January, 1979 and that on 28th July,1981.

(iv) Declaration that any action of the Defendants jointly and or severally that takes or purports to take away the accrued right of Ogunmakinde Ande Ruling House is unconstitutional being retroactive in effect.

(v) Injunction restraining the Defendants jointly and or severally by their officers servants and or agents and howsoever from taking any step whatsoever which may directly or indirectly affect the accrued right of the Plaintiffs and or from appointing or causing an appointment of a candidate or candidates from any family other than the Ogunmakinde Ande Ruling House.

(vi) Declaration that after the judgment of the Supreme Court in Suit No. SC. 98/1986 or 20th March, 1987 nullifying the registered Declaration of 4th January, 1979 and 28th July, 1981, the Ogunmakinde Ande Ruling House automatically became the only Ruling House in accordance with the Customary Law applying to the Oluwo of Iwo Chieftaincy with accrued right to present a candidate for the Oluwo of Iwo Chieftaincy.”

The claim was filed as part of Statement of Claim on the 29th March, 1998. The first plaintiff is the Head of Ogunmakinde Ande Ruling House of Iwo, the second and third plaintiffs Alade Lamuye and Tiamiyu Ajani are principal members of the family. There was a vacant stool of Oluwo of Iwo, one of the principal towns of the Yorubas. The last Oluwo died sometime in 1982. It was before the death of the last Oluwo that for the first time a statutory declaration of Oluwo of Iwo Chieftaincy was made following Justice Apara’s Commission in 1979. The Declaration. Exhibit P1 in this suit, was registered in the Gazette on 19th July, 1979 and recognized Ogunmakinde Ande Ruling House as the only Oluwo of Iwo Ruling House. This no doubt met with some opposition and another panel was set up. termed Agiri Commission of Enquiry, which turned in its report culminating in another Declaration in 1981, Exhibit P2 in this suit. Exhibit P2 dropped Ogunmakinde Ande Ruling House of the plaintiffs and recognised three other houses, to wit, Adagunodo, Gbase, and Alawusa as the only Ruling Houses of Oluwo of Iwo Chieftaincy, As a result of this new Declaration (i.e. Exhibit P2) the Ogunmakinde Ande Ruling House led by the present first plaintiff, Prince Yahaya Adigun joined by Prince Alade Lamuye and Prince N. O. Abanikanda (all also plaintiffs in the present suit) and others challenged the 1981 Declaration in a suit at the former Oyo High Court sitting at Oshogbo in 1981 claiming as follows:

“(i) a declaration that by the Customary Law prevailing in Iwo, the Ogunmakinde Ande Ruling House is the only Ruling House from which appointment to the Oluwa of Iwo Chieftaincy is to be made.

(ii) a declaration that the instrument dated the 28th day of July, 1981 is in so far as it purports to declare the Customary Law prevailing in Iwo with respect to the appointment to the Oluwo of Iwo Chieftaincy is wrong and accordingly illegal and void and

(iii) an injunction restraining all servants, officers and agents of the Government of Oyo State or of the Iwo Central Local Government from acting pursuant to or taking any steps to implement the aforesaid declaration registered on 29th July, 1981.”