The Attorney-general Of Ekiti State V Prince Michael Daramola (2003)

LAWGLOBAL HUB Lead Judgment Report

E. OGUNDARE, JSC

This appeal concerns the chieftaincy of Ajero in Ijero Ekiti of Ekiti State. Following the demise of Oba Eyeowa II the Ajero of Ijero Ekiti in October 1990 there arose a vacancy in the chieftaincy which according to the chieftaincy declaration relating to the title, was to be filled by the Arojojoye Ruling House. In February 1991 the Secretary for the Ijero Local Government called on the Ruling House to produce a candidate or candidates for the consideration by the kingmakers for appointment as the Ajero. Prince Ola Adegbola (2nd Defendant) who was head of the Arojojoye ruling House was to summon a meeting of the Ruling House to consider the person or persons to be forwarded to the kingmakers for consideration for appointment. According to the plaintiffs, Prince Adegbola did not summon any meeting but rather forwarded the name of Prince Joseph Adebayo Adewole (3rd Defendant) as a sole candidate nominated by the ruling house for consideration by the kingmakers.

The kingmakers rejected the nomination of Prince Adewole and called on the ruling house to forward more names. It would appear that there was no agreement as between the ruling house and the kingmakers as to the person or persons nominated. In consequence,

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Ondo State Government (Ekiti State was in Ondo State at the time) appointed six warrant chiefs in place of the traditional kingmakers to appoint a new Ajero. On this development, the plaintiffs took out an action suit no. HCJ/24/91 against the Defendants in this action. The warrant chiefs met, considered the nomination of Prince Adewole and appointed him the Ajero, an appointment which was approved by the Ondo State Government. Before this appointment, the plaintiffs had in suit No. HCJ/24/91 obtained an interlocutory injunction restraining the Governor from appointing warrant kingmakers. Following the appointment the plaintiffs took out the present action claiming, as per paragraph 84 of their further amended statement of claim –

“(a) a declaration that the Arojojoye Ruling House to the Ajero of Ijero-Ekiti Chieftaincy consists of seven stocks: Odogun, Odo-Idara, (Aminmin) Akere, Kumuyi, Akata, Adewa Aderuku and Akutupu;

(b) a declaration that the plaintiffs are authentic members of the Akata Stock of the said Arojojoye Ruling House;

(c) a declaration that the selection and presentation of third defendant by second defendant to the kingmakers and/or third, fourth, fifth, sixth and seventh defendants (as Warrant Chiefs) is against the history, native law and custom of Ijero-Ekiti and hence wrongful, illegal, unconstitutional, null and void and of no effect whatsoever;

(d) a declaration that the purported appointment by the government of first defendant of fourth, fifth, sixth and seventh defendants as Warrant Chiefs to appoint a new Ajero of Ijero-Ekiti is illegal, wrongful, against the native law and custom and tradition of Ijero Ekiti, unconstitutional null, void and of no effect whatsoever;

(e) a declaration that the purported appointment of third defendant as the new Ajero of Ijero-Ekiti by fourth, fifth, sixth and seventh defendants is illegal, wrongful against the native law, custom and tradition of Ijero-Ekiti, unconstitutional, null, void and of no effect whatsoever;

(f) a declaration that the purported approval of the appointment of third defendant as Ajero of Ijero-Ekiti by the government of first defendant is wrongful, illegal, unconstitutional, null, void and of no effect whatsoever;

(g) an order nullifying the aforesaid appointment, the approval of appointment and installation of the third defendant as the Ajero of Ijero-Ekiti as same is against the history, native law and custom of Ijero-Ekiti and hence wrongful, illegal, null, void, unconstitutional and of no effect whatsoever;

(h) an order restraining third defendant from parading, calling, and styling himself as the Ajero of Ijero-Ekiti and from enjoying any salary, remuneration or perquisites appertaining to the title;

(i) an order restraining the government of first defendant from recognizing the third defendant as the Ajero of Ijero-Ekiti in any manner whatsoever;