The Governor Of Oyo State & Ors. V. Oba Ololade Folayan (1995)

LAWGLOBAL HUB Lead Judgment Report

WALI, J.S.C. 

By an amended Writ of Summons, filed in the High Court of Justice of Oyo State holden at Ibadan, the present respondent as plaintiff, claimed against the present appellants as defendants as follows:-

“(1) Declaration that the appointment and proceedings of the Aboderin Commission of Enquiry are unconstitutional, irregular contrary to Natural Justice null and void and that all actions based on the findings are void and of no effect on the grounds that:

(a) The claim of precedence and the right to wear a beaded crown are not disputes within the con of the chiefs’ law.

(b) The Commission of Enquiry was neither regularly appointed nor was the instrument of the purported appointment published as by law.

(c) There was no administering law under which the said Commission of Enquiry could have been appointed.

(d) The Commission did not and has not announced its decisions in public up till now; and

(e) The Commission did not act Judicially and impartially shutting out the evidence that favoured the plaintiff whilst leaning heavily to and admitting those that favoured the other side.

(2) Declaration that the decision of the 1st defendant contained in the press release issued on behalf of the 1st defendant by his Deputy Governor on the 18th of September, 1980 and based on the findings of Aboderin Commission of Enquiry is illegal, unconstitutional, and contrary to Natural Justice on the following grounds:

(a) The Chiefs Law makes no provisions for any representation before the pronouncement of the said decision and the 1st defendant did not invite any representation from the plaintiff before acting to the prejudice of the plaintiff.

(b) The 1st defendant ignored the advice and or orders of both his Deputy, the Obas and Council of Chiefs in Oyo State.

(3) An Order setting aside the report and findings of the Aboderin Commission of Enquiry, the conclusions and the consequential actions of the Oyo State Government on the report and findings.

(4) An Order setting aside the report and findings of the Ademola Commission of Inquiry wholly or partly in so far as its decision affects the interest of the plaintiff.

(5) An injunction restraining the 1st defendant, all his agents, officers and other servants of the 1st defendant from giving effect to the said decisions or otherwise acting thereon to the prejudice of the plaintiff.”