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CaseLaw

Fasade V. Babalola (2003) CLR 4(a) (SC)

Judgement delivered on April 25th 2003

Brief

  • Waiver
  • Registered chieftaincy declaration
  • Error in Appellate court decision

Facts

This case concerns the Owa of Igbajo Chieftaincy. Igbajo is located in Ifelodun District Council area. It was formerly in Oyo State but now in Osun State following the creation of the latter as a new State from the former. The last Owa of Igbajo, Oba Famodun II, died in 1988. The vacancy thus created was due to be filled by Owa-IIoro Ruling House producing a candidate. Prince Olufemi Fasade (1st Appellant) emerged as the candidate by the decision of the kingmakers. His name was submitted to the Secretary, Ifelodun Local Government Council. The Secretary forwarded the same to the Oyo State Government for approval. This was accordingly given.

This suit was thereafter brought by four Plaintiffs. The 1st and 3rd of them have since died. The 2nd was on 2 May, 1990 withdrawn from the case at the trial Court on the application of Plaintiffs' counsel. His name was consequently struck out. The only Plaintiff/Respondent is now Prince lyiola Babalola.

They sought;

  • i
    a declaration that the selection of the 1st Defendant was void as it ran contrary to the procedure contained in the applicable Chieftaincy Declaration;
  • ii
    a declaration that under the customary law of Igbajo, both the Odofin Iloro and the Owa of Igbajo could not be selected from the same section of a Ruling House as has been done in the present case; and
  • iii
    a declaration that the selection of the 1st Defendant from Akeran section of the Owa Iloro Ruling House was contrary to the Customary Law or tradition for the appointment of the Owa of Igbajo.

Added to the above, they sought an injunction to restrain the Defendants and their agents from taking any further action based on the decision of the 4th to 9th Defendants (who were the Kingmakers) to select the 1st Defendant as Owa elect.

Defendants counterclaimed, seeking two decaratory reliefs;

  • i
    that the Aringbajo of lgbajo Chieftaincy Declaration of 1957 is null and void in as much as it requires the presentation of "a candidate" from the house whose turn it is to produce the Owa because that requirement is at variance with the customary law of the area;
  • ii
    that the nomination and presentation of the 1st Defendant and other candidates considered suitable to fill the vacancy to the Kingmakers and the selection of the 1st Defendant as Owa elect is in accordance with customary law and therefore valid.

The High Court dismissed the claim and granted the counter-claim.

Dissatisfied the Plaintiff appealed to the Court of Appeal, which allowed the appeal and granted the declarations sought at the High Court by the Plaintiff/Appellant without making any specific order concerning the injunction sought by the Plaintiff at the High Court. The cross appeal of the Defendants/Respondents was dismissed but the Court of Appeal agreed with the trial court that the 1st Defendant was not disqualified from being appointed the Owa of lgbajo just because he was a member of the Odofin family of the Owa-Iloro Ruling House which also produced the incumbent Odofin Ilaro.

The Defendants appealed to the Supreme Court.

Issues

  • 1.
    Whether having regard to the claims and the parties before the High...
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