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CaseLaw

Adeosun V. Gov., Ekiti State (2012) CLR 1(g) (SC)

Judgement delivered on January 20th 2012

Brief

  • Fresh issues on appeal
  • Chieftaincy declaration
  • Cross examination

Facts

This is an appeal and a cross appeal against the judgment of the Court of Appeal, Holden at Benin City in appeal No. CA/B/155/93 delivered on the 22nd day of March, 1996 in which the court allowed the appeal and dismissed the cross appeal against the judgment of the High Court of Ondo State Holden at Akure in suit No. AK/62/88 in which the court declared the registered Olupoti Chieftaincy Declaration null and void, etc.

At the trial court, the original plaintiff/appellant, Joseph Adebayo Osaguna instituted the action against the defendants/ respondents in which he claimed the following reliefs:

  • 1
    The declaration purportedly made under section 5(1) of the Chiefs' Edict 1964 as the customary law Regulating the selection of the Olupoti of Ipoti Chieftaincy approved on 24th December, 1987 registered on 26th December, 1987 is defective, faulty and objectionable and it is not a true reflection/codification of the customary law regulating the selection of a person to be the holder of the Olupoti Chieftaincy and should, therefore be null and void and of no effect whatsoever.
  • 2
    All actions purported to have been taken by:
    • a
      the so called head of the Onidasa Ruling House namely Chief Aduramola Adesuyi, the Ejisun,
    • b
      the so called Kingmakers of the Olupoti of Ipoti Chieftaincy namely Chief Ihurin Abinoye, Arowolo Elemkin and Kauni Ejesu respectively and
    • c
      the secretary of Ijero Local Government in the purported nomination and selection of one Mr. Elijah Oladele Ayeni under the provision/ authority of the said declaration is meaningful, null and void and of no effect whatsoever.
  • 3
    The purported selection of Mr. Elijah Oladele Ayeni an Olupoti elect by the said so called kingmakers is unlawful, null and void and of no effect whatsoever.
  • 4
    The Asso Emila and Ejemu families/branches, otherwise known as Amilede houses of the Onidara Ruling House are the only and truly the sons (Princes) of the Onidasa Ruling House of Ipoti-Ekiti and the only and truly the families/branches of the said Ruling House that can lawfully nominate a candidate(s) for selection into the vacant stool of the Olupoti of Ipoti by the true kingmaker namely the Iwaraja Mefa (the inner council) excluding the Olupoti of Ipoti namely Chief Odofin of Ipoti, Sajiyan Ejiyan, Odofin Ejiyan, Ajana Owa and Odofin Owa in accordance with the customary law of the Ipoti-Ekiti Community.
  • 5
    The proper and true Head of the Onidasa Ruling House is Chief Asao and not Chief Ejisun.
  • 6
    The Aworos namely Chief Aworokin, Aworojasin and Asalu are the true and only accredited channel of consultation with the Ifa Oracle in the nomination and selection process(es) of a person to fill the vacant stool of the Olupoti of Ipoti Chieftaincy.
  • 7
    The plaintiff, namely Prince Joseph Adebayo Osagawmva having been unanimously, properly, duly and jointly nominated by the Asao Emila and Ejovvu (Amilede) families/branches of the Onidasa Ruling House for the vacant stool of Olupoti be approved by the Ondo State Government.
  • 8
    An order compelling the Executive Council of Ondo State to direct the committee of the Ijero Local Government charged with the making of declarations under S. 1 of the Chief Edict, 1984 to amend the said Olupoti Chieftaincy Declaration or make a new declaration to reflect the true Customary law regulating the selection of a person to be holder of the Olupoti Chieftaincy...
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