Alhaji Tajudeen Babatunde Hamzat & Anor V. Alhaji Saliu Ireyemi Sanni & Ors (2015)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

This appeal by the appellants, who were respondents, is against the unanimous judgment of the Court of Appeal, Ibadan Division delivered on the 5th day of March 2012.

Briefly, the facts of this case are that the appellants as plaintiffs instituted an action against the Respondents as Defendants in the High Court of Ogun State, Sagamu Judicial Division, by their Writ of Summons dated 18th day of December, 2001. In the writ which was issued and signed by their counsel “MUYIWA OBANEWA Esq. of OLUMUYIWA OBANEWA and Co. Legal Practitioners, the plaintiff claimed as follows:

“1. A Declaration that the 1st plaintiff is the rightful holder of the office of the Chief Imam of Isara-Remo having been duly turbaned on the 23rd day of August, 2001 by the generality of the Muslim community in Isara-Remo.

2. A Declaration that the purported turbaning of the 1st Defendant as Chief Imam of Isara Remo on the 21st day of August, 2001 by the 2nd and 3rd Defendants is irregular, null and void and of no effect as the appointment and turbaning was done without the consent of the Muslim community in Isara-Remo.
3. An order setting aside the purported turbaning of the 1st Defendant as Chief Imam of Isara-Remo of 24th day of August 2001 by the 2nd and 3rd Defendant.”

On pages 47 – 48 and 83-84 the “statement of claim” and “Amended statement of claim” of the plaintiff respectively were both signed by their counsel thus:

“OLUMUYIWA OBANEWA & CO.

LEGAL PRACTITIONERS, SOLICITORS

TO THE PLAINTIFFS.”

In proof of their claim, the Appellants in both their pleadings and evidence contended that the 1st Appellant was turbaned the Chief Imam of Isara-Remo, Ogun State by one Alhaji Rabiu Sunmolorun, the Baba Adinni of Isara Remo General Mosque on 23/8/2001 after appointment by Muslim Chiefs in the Central Mosque and by the majority of 112 out of 161 of the Imamu of the Ratibi Mosque and after ratification by the worshippers at the Central Mosque.

The Learned trial Judge after taking evidence of witnesses and addresses of counsel to the respective parties found in favour of the Appellants and granted all their claims. The Respondents herein dissatisfied with this decision appealed to the Court of Appeal which held that the appellants’ claim was not proved and accordingly dismissed the appeal. It was against that decision the appellants have now come to this court.

From their Amended Notice of Appeal deemed filed on 13/6/2013 containing 5 (Five) grounds, 3 (three) issues distilled for determination from the Appellants brief signed by their counsel TOYIN BASHORUN and filed on 23/10/2013, are as follows:

“(i). Whether or not the Court of Appeal was right to have held that the Respondents (Appellants herein) failed to discharge the burden of proof placed on them that the 1st Respondent (1st Appellant) was properly appointed by the appropriate appointers; as the Chief Imam of Isara – Remo.

(ii). Whether or not the Court below rightly analysed the evidence of PW2 and PW3 who were in position of authority and who had in themselves conducted investigative enquiry into the authenticity of the appointment of the 1st Appellant as Chief Imam of Isara – Remo.

(iii). The Position of the Odemo of Isara – Remo as member and chair of the Chieftaincy Committee pursuant to the Ogun State Chiefs Law.”