This appeal relates to the long drawn tussle in the Eletu-Iwase Chieftaincy title of Lagos. The last Eletu-Iwase, Bakare Gbajumo died on the 27th day of July, 1971. since then the issue of succession to the office has become a matter of acrimony in the Chieftaincy family. In consequence the Lagos State Government set up a Tribunal Of Enquiry to determine the number of Ruling Houses entitled to present candidates for the chieftaincy. The tribunal at the end of its assignment in a report submitted by it recommended five Ruling houses namely: KUMOKU, KUSIMI, SAJOBI, DOSUNMU and ERUFA. It was further recommended that the next Ruling house to present a candidate would be Dosunmu Ruling house.
Pursuant to section I of the Oba and Chiefs of Lagos Edict No. 2 of 1975, the chieftaincy committee of the Lagos Island Local Government made a declaration prescribing five Ruling houses as named above and the next Ruling house to present a candidate being Dosunmu Ruling house. The declaration was made on the 20th August, 1979 and forwarded to the Executive Council for approval and registration. The Executive Council of Lagos State did not approve the chieftaincy declaration until the 7th day of August 1980. It is not clear when the declaration was eventually registered but it would be presumed for the purpose of this action that the declaration was registered on the day it was approved by the executive Council, that is, 7th August 1980. The members of the ELETU-IWASE Chieftaincy Family were not happy with the declaration and in February 1981 instituted an action Suit No. LD/23 1/81 in the High Court of Lagos State. The action was instituted by Alhaja Munirat Oduntan, the head of the ELETU-IWASE Chieftaincy family and a member of Kusimi branch of the family; Rafiu Yesufu Agunbiade, the general secretary of the family and a member of the Ogabi branch of the family; Mushafiu Saka Oluwa, the treasurer of the family and a member of the Kusimi branch; Ganiyu Giwa, a member of the Kumoku branch of the family; Lasisi Oduntan another member of the Kusimi branch and Oluyole Dabiri a member of the Ogabi branch of the family. The six plaintiffs instituted the action for themselves and on behalf of the entire members of the ELETU-IWASE Chieftaincy family. Joined as defendants to the action are Alhaji Abudu W. Akibu, Alhaji Salisu Agoro and Badmos Agoro, all three were sued in a representative capacity, that is, for themselves and on behalf of the Dosunmu family. Other defendants are Lagos Island Local Government and the Attorney-General of Lagos State and their claims as endorsed on the writs of summons, are:
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A declaration that the Ogabi, Kusimi and Kumoku families are the only existing branches of the Eletu-lwase Chieftaincy family,
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2
A declaration that the Dosunmu family, of which the 1st to 3rd defendants are members, is not a branch of the Eletu-Iwase Chieftaincy family.
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3
A declaration that consequently, Ogabi, Kusimi and Kumoku branches of the Eletu-lwase Chieftaincy family are the only branches of the Eletu-lwase Chieftaincy family entitled to nominate candidates for the Eletu-lwase Chieftaincy title.
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4
A declaration that the 3rd defendant or any other member of the Dosunmu family, is not entitled to be nominated and/or installed the Eletu-lwase of Lagos.
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A declaration that the declaration made on the 20th day of August 1979 by the 4th defendant is null and void and of no effect whatsoever..
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A declaration that the approval given on the 7th day of August 1980 by the executive council of the Lagos State Government, of the declaration made by the 4th defendant on the 20th day of August 1979 is null and void and of no effect whatsoever.
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A declaration that the registration of the said declaration is null and void and of no effect whatsoever
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8
A declaration that the 4th defendant’s letter to the Dosunmu family dated the 14th of October, 1980, directing that they nominate one of their members as the Eletu-Iwase elect is null and void and of no effect whatsoever.
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A declaration that the nomination of the 3rd defendant by other members of the Dosunmu family as the Eletu-lwase elect is null and void and of no effect whatsoever and
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A perpetual injunction restraining the defendants, their servants and/or agents from giving effect in any manner to the declaration dated the 20th of August, 1979.”
During the pendency of the action, the Lagos State Executive Council approved the appointment of the 3rd defendant, Badmos Agoro as the new ELETU-IWASE of Lagos with effect from 19th March, 1981. In consequence, plaintiffs in suit No. LD/231/81 instituted against the defendants in that action yet another action LD/545/81 claiming:
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A declaration that the purported appointment of the 3rd Defendant Badmos Agoro as the Eletu-lwase of Lagos and the purported approval of the appointment contained in the letter Ref. No.001600C/ Vol.2/293 dated 25th March, 1981 issued under the hand of the Council Manager of the 4th Defendant to the Head of the Eletu-lwase Chieftaincy Family are null and void and of no effect.
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2
A declaration that the 3rd Defendant is not the Eletu-Iwase of Lagos.
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3
An injunction restraining the 3rd Defendant from holding himself out as the Eletu-lwase of Lagos and/or performing any of the traditional functions of the Eletu-Iwase or enjoying any of the traditional rights and privileges of the Eletu-Iwase.
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4
N5,000.00 damages for trespass to the Iga (palace) of the Eletu-Iwase of Lagos: and
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Perpetual injunction restraining the Defendants, their servants, agents and privies from trespassing and/or continuing to trespass on the Iga( palace) of the Eletu-Iwase of Lagos.”.
On the application of the plaintiffs the two actions were on 8/2/81 consolidated and tried together
Pleadings were ordered, filed and exchanged and were by leave of Court amended. The case proceeded to trial on the plaintiffs’ amended statement of claim, filed on 1/2/83, the further amended statement of defence of the 1st to 3rd defendants filed on 1 4/1 1/83, the statement of defence of the 4th defendant filed on 10/9/81, the statement of defence of the 5th defendant filed on 2/10/81 and the plaintiffs’ reply filed on 10/3/83.
the learned trial judge J. O. Williams J. found:
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that there are only three ruling houses in respect of Eletu-Iwase chieftaincy and not five and that these three are Ogabi, Kusimi and Kumoku;
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Athat Sajobi being a son of Ogabi, there could have been no Sajobi ruling house.
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that the property at 136 Great Bridge Street Lagos is the property of Chief Eletu-lwase and not that of Chief Ojon;
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that the Dosunmu family of which the 1st – 3rd defendants are members is not a branch of the Eletu-lwase chieftaincy family.
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that only Ogabi, Kusimi and Kumoku branches of the Eletu-lwase family are the only branches of the Eletu-lwase family entitled to nominate candidates for the chieftaincy title.
The plaintiffs sued in a representative capacity for themselves and on behalf of the entire members On these findings, he declared that the chieftaincy declaration made by the 4th defendant and approved by the 5th defendant is null and void and he granted an injunction restraining the defendants and/or their agents from giving effect in any manner to the said declaration.
The defendants appealed to the Court of Appeal and the plaintiffs cross-appealed, and in an unanimous decision, Court of Appeal, dismissed both the appeal of the 1st – 3rd defendants and the plaintiff’s cross appeal.
Aggrieved the 1st – 3rd defendants further appealed to the Supreme Court while the plaintiffs also cross-appealed.
