Salawu Olagunju Adeyeye & Anor. V. Alhaji Shittu Ajiboye & Ors (1987)

LawGlobal-Hub Lead Judgment Report

SC.201/1985

ANIAGOLU, J.S.C.

The issue in contention in this case on appeal is that of the Oba of Ijagbo traditionally known as the “ONIJAGBO OF IJAGBO – an issue which is not new in our Courts having once been the subject of litigation in William Akanbi v. Yakubu (1973) 12 S.C. 11.

The writ in that case was taken out in 1971 and read as follows:

(1) As against the 1st, 2nd and 3rd defendants that the approval and selection of the Bara was not made according to Ijagbo native law and custom because of irregularities and omissions in the appointment and that it is also ultra vires on the part of the 1st, 2nd and 3rd defendants to install the 4th defendant as the Bara.

(2) A declaration that the appointment of Alhaji Raji Fawomola Olanrewaju as Bara was irregular, fraudulent and against the popular age-long traditional process of Ijagbo people in appointing Bara.

(3) A declaration that the 1st, 2nd and 3rd defendants or their agents deliberately acted fraudulently by putting themselves forward as the rightful people to appoint the Bara of Ijagbo and by falsely informing the then Sole Administrator of Oyun Division, Mr.J.A. Omotosho that the 4th defendant has been properly appointed, according to the customs and thereby misled the authorities in Oyun Division.

(4) An injunction restraining the 4th defendant from performing any B of the functions of Bara of Ijagbo or from holding himself out as the Bara of Ijagbo.

(5) A declaration that since the 4th defendant has not been properly appointed according to the established custom and age-long tradition of the Ijagbo people his appointment or purported appointment should be declared null and void and of no effect whatever

Whereas the title “BARA” was used as an alternate to the title “ONIJAGBO” in the 1971 case, the institutional title appears now to have crystallized, settled and subsumed in the word “ONIJAGBO” having regard to the claim in the present suit on appeal, which reads:

“The Plaintiffs are the King makers of Ijagbo in the Oyun Local Government Area of the Kwara State of Nigeria. The Ijagbo king makers appointed His Highness Oba Joseph Ebun Adepoju Odewale (now deceased) as the Oba of Ijagbo (the Onijagbo of Ijagbo) on 13/2/77 and installed him on 31/8/79.

In November, 1979 the Oyun Traditional Council announced that it appointed the first defendant as the Onijagbo of Ijagbo which is contrary to the native law and custom of Ijagbo people and which is ultra vires the powers of the second defendant as stipulated in section 78 of the Local Government Edict No. 8 of 1976. The said Oba Joseph Ebun Adepoju Odewale filed a suit against the two defendants for declaration and perpetual injunction (Suit No. KWS/18/79) on 26/11/80 but he died a month ago.

“Wherefore the plaintiffs claim against the two defendants both jointly and/or severally for (1) a declaration that the purported appointment of the first defendant as the Onijagbo of Ijagbo by the second defendant is null and void and (2) a perpetual injunction prohibiting the first defendant from parading himself and/or acting as the Onijagbo of Ijagbo either directly or indirectly and from sitting at the meetings of the meetings (sic) of the second defendant as the Onijagbo of Ijagbo without the consent and/or appointment of the plaintiffs.”

The reason for this consumption is to be found in the learned trial Judge’s fifth finding of fact which is set out shortly hereafter, in the course of this judgment. The case was tried on pleadings duly ordered and delivered.