The Military Governor of Oyo State & Anor V. Mr. Emmanuel Adekunle (2004)

LawGlobal-Hub Lead Judgment Report

OLUFUNLOLA OYELOLA ADEKEYE, J.C.A.

This is an appeal against the judgment of the High Court of Oyo State, Eruwa Judicial Division, delivered on the 31st day of July, 1997. The plaintiffs before the trial Court in an action filed as suit No.HER/2/90, Emmanuel Adekunle for himself, and on behalf of the Tella ruling house of the Oloba family of Aiyete sued the Governor of Oyo State and Olalere Akinteye from the Oloba family of Idere – before the High Court at Eruwa. The facts which precipitated into this action were that sometime in 1986, there were two contestants to the vacant stool of Oloba of Oba; Oba being a village in the then Ibarapa Local Government, now Ifeloju Local Government of Oyo State. Oloba of Oba, itself is a minor chieftaincy, to which Part IT of the Chiefs Law of Oyo State, 1978, does not apply. It is a vast area of land between Idere and Aiyete – which makes the Oloba chieftaincy itself a land owning title. The two claimants to the chieftaincy are the Oloba family of Aiyete and the Oloba family of Idere.

There was a stalemate in the appointment with two rival candidates, two different prescribed authorities claiming power of approval on each respective candidate.

The Asawo of Aiyete on the one hand, and the Onidere of Idere on the other hand. In the dual nominations, Adepegba Aderounmu the 2nd plaintiff’s nomination was approved by Asawo Falola of Aiyete on the 11th of April, 1988, and Olalere Akintoye was approved by Onidere of Idere on the 16th of May, 1986.

These nominations generated reactions and counter-reaction from the two sides – which led to the intervention of the Military Government, which then directed the setting up of the Fakayode administrative panel of enquiry – with the under mentioned terms of reference:-
(i) To determine the real founder of Oba and his descendants up to the present generation with a view to establishing –
(a) The family or families that has/have the right to the Oloba chieftaincy.
(b) The historical and cultural relationship between Oba and the neighbouring towns – Aiyete and Idere.
(c) The accredited prescribed authority of Oloba chieftaincy stool in accordance with history, custom and tradition of the people.

(ii) To determine the relationship between the Asawo Aiyete and Onidere of Idere as it affects the Oloba chieftaincy.

(iii) To determine the boundary between Aiyete and Idere.

(iv) To make appropriate recommendations that may assist the government to finally settle the conflict, relating to the process of filling the present and subsequent vacancies in the Oloba of Oba chieftaincy.

At the end of the inquiry, the panel submitted its findings and recommendations to the Oyo State Government, which the government fully accepted. Particularly that –
(1) Onidere is the recognized prescribed authority over the Oloba chieftaincy title;

(2) That the approval of Oladere Akinteye – the 2nd defendant commence with effect from the 16th of May, 1986, vide exhibits B and B1.
(3) That the Oloba family of Aiyete cannot contest the chieftaincy title.
(4) That in consequence of (1) above the purported appointment of Mr. Adepegba as the Oloba of Oba by the late Asawo FaIola of Aiyete on 11th April, 1988, is null and void and of no effect.
(5) That the Onidere of Idere is the prescribed authority over the Oloba of Oba chieftaincy title vide exhibits B, B1 and S.

The plaintiff’s family of Oloba of Aiyete – being aggrieved by these recommendations and implementation of same by the Oyo State Government instituted an action claiming the following reliefs:-
a. Declaration that the findings and recommendation of Fakayode Panel of Inquiry into the Oloba of Oba chieftaincy dispute to the effect that there were five ruling houses in Oba in respect of Oloba chieftaincy that Onidere is the prescribed authority over the Oloba chieftaincy and that Government should uphold the appointment of the 3rd defendant as the Oloba of Oba are perverse contrary to the customary law of Oloba chieftaincy and therefore invalid.

b. Declaration that the purported appointment of the 3rd defendant as the Oloba of Oba and upholding of same by the 1st defendant vide its letter ref. No. CB/41/175/19/122 of 23rd February, 1989, is irregular, contrary to the customary law relating to Oloba chieftaincy and therefore invalid.

c. Declaration that the findings and recommendations of Fakayode Panel of Inquiry are contrary to law having not taken into consideration vital evidence placed before it and therefore null and void and of no effect.

In the Alternative-
Declaration that the said findings and recommendations are in exhaustive of the customs and traditions relating to Oloba chieftaincy and therefore invalid.