Sikiru Olaide Okuleye V. Alhaji Rasheed Adeoye Adesanya & Anor. (2006)

LawGlobal-Hub Lead Judgment Report

JOHN AFOLABI FABIYI, J.C.A.

This is an appeal against the judgment delivered by Osidipe, J. while sitting at the High Court of Justice, Abeokuta, Ogun State of Nigeria on 2nd August, 2001. The learned trial judge dismissed the Plaintiff/Appellant’s claims against the Defendants/Respondents in their entirety.

The reliefs sought by two surviving Plaintiffs against the Defendants can be found in paragraph 43 of the 2nd further amended statement of claim at pages 73-74 of the transcript record of appeal. It is apt to reproduce same as follows:-

“43. WHEREOF the Plaintiffs claim jointly and severally against the Defendants:-

“(i) A declaration that the 1st defendant is not a member of the Demoku/Aboki Ruling House of the Olisa of Ijebu-Ode Chieftaincy and that he is therefore not entitled to be nominated and/or appointed as the Olisa of Ijebu-Ode.

(ii) A declaration that the Late Chief Stephen Babalola Kuku was neither the Head of the Demoku/Aboki Ruling House nor the Head of the Olisa of Ijebu-Ode Chieftaincy Family and that he was therefore not entitled to convene a meeting of the said Ruling House for the purpose of nominating a candidate for appointment to the vacant stool of Olisa of Ijebu-Ode, nor to present any candidate and in particular the 1st Defendant hereof to the Awujale of Ijebu land for his consent and that any purported presentation of the 1st defendant as the Olisa of Ijebu-Ode by the said late Chief Stephen Babalola Kuku is a nullity.

(iii) A declaration that the traditional Kingmakers of the Olisa of Ijebu-Ode Chieftaincy family under the Registered Declaration have not appointed the 1st Defendant to the vacant stool of Olisa of Ijebu-Ode pursuant to the Registered Declaration for the Olisa of Ijebu-Ode Chieftaincy and as required by the Chiefs Law Cap. 20 Laws of Ogun State of Nigeria.

(iv) A declaration that membership of the appropriate Ruling House and an appointment by the traditional Kingmakers of Olisa of Ijebu-Ode Chieftaincy are conditions precedent to an approval of the candidature of an Olisa by the Ogun State Executive Council, and that in the absence of such membership and appointment – the purported approval conveyed by the Office of the Executive Governor of Ogun State in its letter reference No. 5/26/T/2 dated 29th July, 1993 is a nullity.

(v) A declaration that the 2nd Plaintiff having been properly nominated by the Demoku/Aboki Ruling House and having been properly appointed by the Kingmakers is entitled to be considered for approval by the Ogun State Government after the consent of the Awujale of Ijebu land would have been obtained thereto.

(vi) An order quashing the purported installation of the 1st Defendant as the Olisa of Ijebu-Ode.

(vii) An order of perpetual injunction restraining the 1st Defendant from parading himself or from exercising any power and/or authority and from enjoying any benefit as the Olisa of Ijebu-Ode.”

At the trial court, the 1st Defendant filed a Notice of preliminary objection dated 7-11-94 challenging the Plaintiffs’ right to sue in a representative capacity as well as their locus standi. After taking argument from counsel, the court dismissed the preliminary objection on 26-1-95. The 1st Defendant appealed to this Court on the outcome of his preliminary objection. On 24-11-98, this court dismissed his appeal. Parties exchanged their pleadings. At the trial, the Plaintiffs called three witnesses to prop their claims. The 1st and 2nd Defendants called one witness each. Counsel for the parties thereafter addressed the court. The learned trial judge applied the law to the evidence garnered by him to the best of his ability in his reserved judgment delivered on 2-8-2001. The trial judge dismissed the plaintiffs’ claims in their entirety. The plaintiffs felt unhappy with the stance posed by the learned trial judge and have appealed to this court vide their Notice of Appeal dated 8-10-01 and filed on the same date.

It is apt to state, albeit, briefly the relevant facts leading to this appeal.

The Olisa of Ijebu-Ode Chieftaincy is a recognized one. Part 2 of the Chiefs Law, Cap, 20 Laws of Ogun State of Nigeria, 1978 is applicable to it. An approved Registered Declaration applicable to Olisa Chieftaincy is Exhibit 1. There are seven (7) Ruling Houses in Exhibit 1. On 5-8-91, the last Olisa, Henry Fowokan from Wunumo Matuluku Ruling House passed on. It became the turn of Demoku/Aboki Ruling House to present a candidate to fill the vacancy.Vide the provisions of S.15(1)(a) of the Chiefs Law, the Secretary of Ijebu-Ode Local Government issued Exhibit 9 calling on Demoku/Aboki Ruling House to present a candidate to fill the vacancy in the Olisa Chieftaincy. By Exhibit 10, the Head of Demoku/Aboki Ruling House was mandated to convene a meeting of the Ruling House to nominate a candidate for appointment as the Olisa of Ijebu-Ode. On 22-5-93, Chief Stephen Babalola Kuku, as head of the Ruling House, convened the meeting at which the Secretary of Ijebu-Ode Local Government was present as an observer as dictated by S. 15(d) of the Chiefs Law. At the meeting, the 1st Defendant was nominated to fill the vacancy in the Olisa Chieftaincy. Minutes of the meeting and list of those in attendance are Exhibits 11 and 11A respectively,