Compulaw - 1st Indigenous Digital Law Library

Brief

Pleadings
Traditional history
Concurrent finding of fact
Closing speeches
Trial
Section 15(1) (a) of the Chiefs Laws, of Ogun State
Section 15(1) (d) of the Chiefs Laws, of Ogun State

Facts

The appellants as plaintiffs claim against the respondents in an Ijebu Ode High Court was for:

i
A declaration that the 1st respondent is not a member of the Demoku/Aboki Ruling House of the Olisa of Ijebu-Ode Chieftaincy and that he is therefore not entitled to be nominated and/or appointed as the Olisa of Ijebu-Ode.
ii
A declaration that the Late Chief Stephen Babalola Kuku was neither the Head of the Demoku/Aboki Ruling House nor the Head of the Olisa of Ijebu-Ode Chieftaincy family and that he was therefore not entitled to convene a meeting of the said Ruling House for the purpose of nominating a candidate for appointment to the vacant stool of Olisa of Ijebu-Ode, not to present any candidate and in particular the 1st Defendant hereof to the Awujale of Ijebuland for his consent and that any purported presentation of the 1st defendant as the Olisa of Ijebu-Ode by the said late Chief Stephen Babalola Kuku is a nullity.
iii
A declaration that the traditional kingmakers of the Olisa of Ijebu-Ode Chieftaincy family under the Registered Declaration have not appointed the 1st defendant to the vacant stool of Olisa of Ijebu-Ode pursuant to the Registered Declaration for the Olisa of Ijebu -Ode Chieftaincy and as required by the Chiefs Law Cap, 20 Laws of Ogun State of Nigeria.
iv
A declaration that membership of the appropriate Ruling House and an appointment by the traditional kingmakers of Olisa of Ijebu-Ode Chieftaincy are conditions precedent to an approval of the candidature of an Olisa by the Ogun State Executive Council, and that in the absence of such membership and appointment - the purported approval conveyed by the office of the Executive Governor of Ogun State in its letter reference No.5/26/T/2 dated 29th July, 1993 is a nullity.
v
A declaration that the 2nd plaintiff having been properly nominated by the Demoku/Aboki Ruling House and having been properly appointed by the kingmakers is entitled to be considered for approval by the Ogun State Government after the consent of the Awujale of ljebuland would have been obtained thereto.
vi
An order quashing the purported installation of the 1st defendant as the Olisa of Ijebu-Ode.
vii
An order of perpetual injunction restraining the 1st Defendant from parading himself or from exercising any power and/or authority and from enjoying any benefit as the Olisa of Ijebu-Ode.

At the inception of the case there were four plaintiffs and three defendants. The 1st to 3rd plaintiffs were Alhaji Rabiu Adekoya Olayemi, Prince Salau A. Mabadeje, and Prince Kunle Surakatu Mustafa Buraimoh, while the 2nd defendant was Chief Stephen Babalola Kuku. All of them are now dead. After amendments to pleadings trial was concluded on a 2nd further amended statement of claim filed on the 17th of November 1999. The 1st defendants statement of defence filed on the 23rd of June 1999. The 2nd defendants statement of defence filed on the 5th July 1999. Statement of defence for 3rd defendant filed on the 14th day of March, 1995.

Reply to 1st defendants statement of defence filed on the 17th of November 1999, and Reply to 2nd defendants statement of defence filed on the 17th of November 1999.

At the trial which commenced on the 17th of January 2000, the plaintiffs called three witnesses, while the defendants called two witnesses, fourteen documents were admitted as exhibits.

The facts are these. On the 5th of August 1991 Henry Fowakan, the Olisa of Ijebu-Ode from Wunumo Matuluku Ruling House died. After the death of Henry Fowakan, it was the turn of the Demoku/Aboki Ruling House to nominate the next Olisa of Ijebu-Ode. The Secretary of Ijebu-Ode Local Government informed the Demoku/Aboki Ruling House that it was their turn to present a candidate. So, on the 22nd of May, 1993 Chief S.B. Kuku, (the 2nd defendant now dead) the Head of the Demoku/Aboki Ruling House convened a meeting at which the secretary of Ijebu-Ode Local Government was present as an observer. At the meeting the 1st respondent, Alhaji Rasheed A. Adesanya was nominated to become the Olisa. On the 24th of May, 1993 the kingmakers of the Olisa of Ijebu-Ode chieftaincy met and appointed the 1st defendant Olisa of Ijebu-Ode. The Awajale of Ijebuland subsequently consented to the appointment.

Thereafter the Executive Council of Ogun State approved the appointment of the 1st Respondent as the Olisa of Ijebu-Ode with effect from the 28th day of July, 1993. The action arose when there was the urgent need to appoint an Olisa after the death of Olisa Henry Fawakan. The appellants case is that they are members of the Demoku/Aboki Ruling House and are entitled to present a candidate for the Olisa stool. They say that the 1st defendant is not a member of the said Ruling House and so not qualified to be nominated and appointed as the Olisa of Ijebu-Ode.

Dismissing the appellants claim the learned trial judge said: " … that 1st defendant descended from the Demoku branch and therefore is a member of the Demoku/Aboki Ruling House. He was qualified to be appointed and was validly nominated and appointed from the Ruling House. This declaration must be refused and it therefore fails

Dissatisfied with the judgment of the learned trial judge, the appellants lodged an appeal. It was heard by lbadan Division of the Court of Appeal. On the 24th of April 2006 that court affirmed the decision of the trial court. It found that the trial court was correct. That the Demoku/Aboki Ruling House has two branches Rade and Demokun and the plaintiffs do not come from either of them, but the 1st defendant comes from the Demokun branch and so was qualified to be appointed Olisa of Ijebu-Ode. This appeal is against that judgment.

Okuleye V. Adesanya (2014) CLR 6(m) SC

Judgement delivered on June 6, 2014

Brief

Facts

Issues