Samuel Alabi & Ors V. Bilawu Oyewumi & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court, Osun State sitting at Ejigbo delivered on the 4th March, 2005. In that Court, the 1st – 4th Respondents were the Plaintiffs. The 1st – 4th Appellants and 5th – 6th Respondents were the Defendants. The claim of the Respondents was for the following:

i. A declaration that by customary derivation, the three ruling houses in Iwata in Ejigbo Local Government Area are:- ABILOGA, LAANIBA, AND LAWARIKAN.

ii. A declaration that the next ruling house to present a candidate/candidates for the vacant stool of Oluwata of Iwata as (sic) Abiloga ruling house.

iii. A declaration that the 4th plaintiff is the candidate nominated by Abiloga ruling house to fill the stool of Oluwata of Iwata.

iv. An order declaring that the nomination of either the 2nd or 4th defendant at different family meetings presided over by 1st and 3rd defendant respectively at Iwata to fill the vacant stool of Oluwata of Iwata is invalid, unconstitutional, null avoid and of no effect whatsoever.

v. A perpetual injunction restraining the 2nd and 4th defendants from parading themselves as princes in Iwata or presenting themselves for installation as Oluwata of Iwata.

vi. A perpetual injunction restraining the 5th defendant from approving the nomination of either the 2nd or the 4th defendant as the Oluwata of Iwata and doing anything whatsoever in relation to the filling of the vacant stool of Oluwata of Iwata.

The case of the 1st – 4th Respondents at the Lower Court briefly stated is as follows: 1st – 4th Respondents are brothers. After the death of Oba Afolabi Oyegunle Oyekele, it was the turn of Abiloga ruling house to provide a candidate for the stool of Oluwata. The Abiloga family members gathered and held series of meetings and the 4th Respondent was selected for the stool of Oluwata.

He was presented to the kingmakers and then to the prescribed authority. When the 4th Respondent was presented as a candidate for the stool to the prescribed authority, Olukotun family and Oluode family also presented a candidate each to the prescribed authority.

Oluode family presented the 2nd Appellant while Abiloga family presented the 4th Appellant.

When the resultant chieftaincy disagreement could not be resolved; a letter was written to the 5th Respondent. The 2nd Appellant was finally appointed the chief. It was this appointment that the 1st – 4th Respondents challenged at the Lower Court.

The Appellants vigorously defended themselves. According to them, after the death of Oba Oyewusi in 1978, the Oluaja family nominated the 2nd Appellant as next Oluwata. They knew the 1st – 4th respondents’ family as Odunfa family and not as Abiloga family. Abiloga is the one who settled all of them. It was not true that the 2nd Appellant was not installed then because he was not from a ruling (family) house. He is from a ruling house.

After the death of Oba Oyegunle Oyekale, the Oluaja family nominated the 2nd Appellant again. The Olumosunro family also nominated Samson Faleke; 1st – 4th Respondents family nominated the 4th Respondent.