CaseLaw
Okomalu V. Akinbode (2006) CLR 4(a) (SC)
Judgement delivered on April 7th 2006
Brief
Facts
The case of the Plaintiff/Appellant is as follows: He belongs to Okomalu family of Osegere. He is the Mogaji of the family. Oyoside Okomalu, a hunter and warrior; the ancestor of the Plaintiff/Appellant and founder of Osegere village came from Ikire Ilo near Oyo town. Okomalu first sojourned at Ajania compound in Ibadan and from there he founded the first Osegere. As a result of war, Okomalu and his family escaped to Kadolu compound in Ibadan. After the war, Okomalu returned to re-establish Osegere. After sometime, people came to settle with him and he gave them land to build houses and to farm. The 1st Defendant's ancestor, Oshunmuyiwa Abobiosan, was one of such people. Dangbowi, Odarinio, Aroola and Ajayi Obaniyi were some of the others. Those mentioned were later made chiefs in the village by Okomalu, who was himself the Baale of Osegere. He was the first Baale there. On his death, his nine-year old son, Sangomakinde, succeeded him. On the death of Sangomakinde, his younger brother, Durokilu succeeded him. Sangoyoyin succeeded Durokilu. Sangoyoyin was the son of Okomalu, who was the father of the Plaintiff/Appellant. Sanni, a descendant of Okomalu succeeded Sangoyoyin. Jimoh Oyekan, a descendant of Okomalu succeeded Sanni and Jimoh Oyekan died in November, 1980.
No outsider from Okomalu family had even become Baale of Osegere. The Government of Western State paid the Okomalu family compensation for land acquired for the Asejire Water Dam in 1974. Some years back, Oyelose, not from the family of the Plaintiff/Appellant, became the Bale. The matter was taken to Court and Oyelose was sent packing. After the death of Oyekan, the family nominated the Plaintiff/Appellant as the next Baale of Osegere, which nomination was sent to Akinbiyi, the Olubadan. On hearing over the radio that the 1st Defendant/Respondent was to be appointed the next Baale of Osegere, the family of Okomalu sent a petition to Akinbiyi the Olubadan and his council. An inquiry was ordered. It decided that the-family of Okomalu had exclusive right to the stool. The report of the inquiry was sent to the Olubadan who did nothing on it till he died. The 1st Defendant/Respondent was never installed the Baale of Osegere. It was Asanike who succeeded Akinbiyi as Olubadan that installed the Plaintiff/Appellant as Baale of Osegere.
Again, it was announced on Radio that the 1st Defendant/Respondent was appointed the Baale of Osegere by the Oyo State Governor, the 2nd Defendant/Appellant. A petition was sent to the Governor by the Plaintiff/Appellant. The lawyer of the Olubadan also wrote a petition to die Governor. Thereafter, the Plaintiff/Appellant sued, seeking for four declaratory reliefs and two injunctive reliefs in respect of the Chieftaincy of Baale of Osegere.
The case of the Defendants/Respondents is different. Amusa Lawal, DW1, the chairman of Osegere descendant union gave evidence as follows: Akinsoro Ajaku, alias Osogirank' Agbamolo and Majobo were the founders of the first Osegere. They were warriors. Ladejobi was one of the followers of Akinsoro at the time. Ladejobi was the father of Amusan and Awujoola, a woman. Awujoola was the mother of Oyosilo Okomalu. Daba Sango was a lodger in Ladejobi's compound. Ilo married Awujoola and consequently fathered Okomalu.
The 1st Defendant/Respondent is a descendant of Osuntola, alias Abobiosan who was also one of the followers of Akinsoro to found the first Osegere. The first and second Osegeres were destroyed by war. The third Osegere was founded by the same community. To prevent the hazard of another war, they erected a wall around the town. It was after this that they all decided and installed Amusan as Baale, Bangbowi as Balogun and Oderinlo Amojiogbo as the Otun-Baale, Oderinio was installed as Baale after the death of Amusan who reigned for twelve years. Oderinlo reigned for fourteen years. Sangomakinde, Okomalu's son, reigned after Oderinlo. Amusan and Oderinlo were not related to Okomalu. Durokilu from Okomalu family reigned after Sangomakinde and he reigned for three years. Oyekunle reigned after Durokilu and he was not from Okomalu family. He reigned for forty-five years. After Sangoyoyim, Sanni Shatilo's son reigned for one year- Oyoloso reigned after Sanni. He reigned for one year and he was from Ladejobi family. Jimoh Oyekan from Ajala's family reigned after him.
Jimoh Oyekan died in November, 1980. After his death, the whole town appointed the 1st Defendant/Respondent as the next Baale of Osegere as was the custom. On 14/5/81, the Olubadan invited all the parties, including Okomalu family representatives to the palace the Olubadan where all approved the appointment of the 1st Defendant/Respondent as the next Baale of Osegere. On the death of Oba Akinbiyi, Oba Asanike re-opened the matter and the Plaintiff/Appellant was appointed the Baale of Osegere. On 20/9/84, on approval by the Governor of Oyo State, the 1st Defendant/Respondent was installed the Baale of Osegere.
I have narrated the evidence of the parties in some details. I do not regret what I have done. The learned trial Judge granted claims (d), (e) and (f). He refused claims (a), (b) and (c). He ordered that the case should be sent back to the Division in the Military Governor’s office charged with the responsibility of chieftaincy matters for a final decision. The Judge said in the final paragraph: