Timothy Adeilo Adefulu & Ors. V. Chief O.O. Okulaja & Ors (1996)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C.

Sometime in 1980 the Chieftaincy title of the Olofin of Ilisan Remo in Ogun State became vacant, consequent upon which the then Secretary to the Ijebu Remo Local Government (Mr. J.I. Solaja), in February, 1981 invited the Agaigi Ruling House to nominate candidates for the consideration of the kingmakers for appointment as the new Olofin of Ilisan Remo. By the chieftaincy declaration relating to the title it was the turn of the Agaigi Ruling House to fill the vacancy. The ruling house met on 25th February, 1981 and nominated four candidates namely:

1. Rabiu Fujamade.
2. Abel Olufemi Osude
3. Kola Ileke and
4. Lamina Ogun Fakoya.

One Timothy Adeilo Adefulu and one Alhaji Rufai Awodein were proposed at the meeting of the ruling house as candidates but the proposals were rejected by majority of 82 to 15. Hence, their names were not included in the list of candidates nominated by the Agaigi ruling house. A certificate of nomination of the four candidates nominated by the ruling house was forwarded to the kingmakers through the Secretary to the Local Government for consideration; a copy of the certificate was also forwarded to each of the kingmakers. The kingmakers met on 17/3/81 for the purpose of considering the candidates submitted to them with a view to making an appointment. The Secretary to the Local Government was in attendance at this meeting as he was at that of the ruling house.

Rather than confining themselves to the list of four candidates submitted to them by the Agaigi ruling house, the head of the kingmakers presented six names which included those of Timothy Adeilo Adefulu and Rufai Awodein, the two unsuccessful candidates at the ruling house level. Despite the protest of the Secretary to the Local Government the kingmakers went ahead and appointed Adefulu as the Olofin of Ilisan. His name was forwarded to the Governor for approval.

Notwithstanding the protest of the Agaigi ruling house to the Governor of Ogun State the appointment by the kingmakers of Adefulu was approved by the Governor. The Agaigi ruling house then instituted an action claiming against the Governor of Ogun State, the Attorney-General of Ogun State, the kingmakers of Ilishan Remo and Timothy Adeilo Adefulu:-

“1. A declaration that the appointment, the purported approval and the installation of the 1st defendant as the new Olofin of Ilisham Remo are irregular, unlawful and therefore, null and void as same were not done in accordance with the provisions of the western region (Ogun State) of Nigeria Chiefs Law and the relevant Chieftaincy Declaration in respect of succession to the stool of Olofin of Ilisan Remo.

2. Injunction restraining the first defendant from parading himself as the Olofin of Ilisan Remo and the other defendants from recognizing the said first defendant as the Olofin of Ilishan Remo.” The action went through the three tiers of courts, that is, the High Court of Ogun State, the Court of Appeal and the Supreme Court. In a judgment delivered by this Court on 8th December, 1989, (See Adefulu & Ors. v. Oyesile & Ors (1989) 5 NWLR (Pt.122) page 377, this Court unanimously affirmed the decision of the Court of Appeal setting aside the appointment of Adefulu as the Olofin of Ilisan Remo. It declared:-

“1. that the appointment and purported approval and installation of the 1st appellant as the Olofin of Ilishan Remo are irregular, unlawful and therefore null and void and of no effect as same were not done in accordance with the provisions of the Western Region (Ogun State) of Nigeria Chiefs Law and the relevant Chieftaincy Declaration in respect of the succession to the stool of Olofin of Ilisan Remo; and

2. ordered that the 1st appellant is restrained from parading himself as the Olofin of Ilishan Remo and that the 2nd to 13th appellants as well as the 5th and 6th respondents are restrained from recognizing the 1st appellant as the Olofin of Ilishan Remo”

Following the said judgment of this Court, the Secretary of the Ijebu Remo Local Government invited the Agaigi ruling house once again to present candidates to fill the vacancy existing in the Olofin of Ilishan Remo Chieftaincy title. A section of the family met on 5/3/90 and nominated Timothy Adeilo Adefulu as the only candidate. His name was forwarded to the kingmakers who, in turn at their meeting, appointed him and forwarded his name to the Governor of Ogun State for approval. The Agaigi ruling house was again dissatisfied with the turn of events and on 13th March, 1990, in the High Court of Ogun State instituted the action leading to this appeal, claiming:-

“(a) Declaration that the purported nomination of Timothy Adeilo Adefulu by a splinter group led by Alhaji Lawal Balogun on Monday the 5th day of March, 1990 and the purported appointment of the said Timothy Adeilo Adefulu as the Olofin of Ilishan from Agaigi Ruling House are unlawful and therefore, null and void.

(b) Injunction restraining the Secretary, Ijebu-Remo Local Government from forwarding the name of Timothy Adeilo Adefulu to the Commissioner for Chieftaincy Affairs for approval by the Ogun State Executive Council and the Military Governor of Ogun State from approving the said appointment and the said Timothy Adeilo Adefulu from parading himself as Olofin of Ilishan Remo.”

Seven persons (including the four persons nominated by the ruling house in February, 1981) instituted the action on behalf of the Agaigi ruling house. Timothy Adeilo Adefulu, the Secretary of the Ijebu Remo Local Government, the Commissioner for Chieftaincy Affairs, the Military Governor of Ogun State and the kingmakers of Ilishan were joined as co-defendants in the action.

Pleadings were duly filed and exchanged. At the trial, the parties agreed to the settlement of issues pursuant to Order 35 of the High Court (Civil Procedure) Rules of Ogun State in consequence of which the following issues were set down:

“1. Whether it is open to the 1st defendant to be nominated by the Agaigi Ruling House as a person to fill the vacancy in the Olofin of Ilishan Chieftaincy having regard to the judgments in HCS/25/31, CA/I/122/85 and SC/5/1988 and the provisions of the Chiefs Law Cap. 20 Laws of Ogun State of Nigeria, 1978.

2. Whether the 2nd defendant was right in inviting fresh nominations from the Agaigi ruling house after the judgment of the Supreme Court in Suit No. SC/5/1988.
3. Whether the vacancy created in the Olofin of Ilishan Chieftaincy in 1981 as a result of which the Agaigi Ruling House was invited by the Secretary, Ijebu-Remo Local Government in February, 1981 to nominate candidates to fill the vacancy was filled by the 1st defendant and if so whether a new vacancy was created on the 8th of December, 1989.”

No evidence was taken but learned counsel for the parties addressed the court. In a reserved judgment, the learned trial Judge resolved the three issues in favour of the defendants and dismissed plaintiffs claims. Being dissatisfied with the judgment the plaintiffs appealed to the Court of Appeal. That court in an unanimous decision allowed the appeal, set aside the judgment of the trial High Court and granted plaintiff’ claims. It is against this judgment that the defendants have appealed to this Court.