Chief Adekunle Agbakin Oro & Ors V. Joseph Akanbi Falade & Ors (1995)

LAWGLOBAL HUB Lead Judgment Report

BELGORE, J.S.C.

This is a chieftaincy matter about the head chief of Oro Ago in Ifelodun Local Government of Kwara State. The parties before us now were among those in the case at the trial High Court, and the Court of Appeal. Suffice here to mention that at the trial High Court the first defendant was Ifelodun Local Government and the 6th defendant, Oba Saliu Alebiosu the Olupo of Ajase-Ipo was the Chairman of Ifelodun Traditional Council. After the High Court judgment the said first and sixth defendants became passive participants, thus preferring to abide by whatever course the case took on appeals to the Court of Appeal and this Court.

The people of Oro Ago claim to come from Ketu, an Egba town now in the Republic of Benin, long before the colonial incursion broke Africa into colonies. The ruling families, according to both contesting parties to the stool of Oloro, descended from a single ancestor who had seven children. As a result of the prowess in summersaulting exercise, the order of seniority for succession to the stool had been since then established. The seven children therefore form the seven ruling houses. However, the seven could be grouped into two branches, to wit, the Oke Oro (which in their dialect they “pronounce “Okoro”) and Ipara. The Oke Oro ruling house comprises five sub-houses as follows:-

(i) Aworo-Ona

(ii) Isaoye

(iii) Iraye

(iv) Omugo and

(v) Okedaba.

The Ipara Ruling house is made up of the remaining two sub-ruling houses, viz;

(i) Oke-Ayin and

(ii) Aiyetoro.

The last Oloro, Muhammadu Dagba, came from Ipara Ruling house. By uninterrupted custom, the selection of Oloro of Aro Ago has always been rotational between Oke Oro and Ipara Ruling Houses and each rotation in a House follows orderly seniority. Thus, the order of seniority in Oke Oro is as given above i.e. Aworo-ona, Isaoye, Iraye, Omugo and Okedaba; and for Ipara, the order of seniority is Oke-Ayin and then Aiyetoro. The only house, according to history based on evidence, that was once jumped was Omugo when the incumbent died before the final rites of installation and Okedaba had to produce the next Oloro; but this was long ago. Otherwise the line and custom of succession had always been followed.

The other custom clearly before the trial Court is that the selection of Oloro of Oro Ago is always a matter exclusively for that Ruling House next to produce one. Thus, when it is the turn of Oke Oro to produce the chief, the members of that Ruling House meet and consider the candidates presented by the sub-house whose turn is to present a candidate. The other ruling house, Ipara will have nothing to do in the selection, for Oke Oro will also never interfere in the selection of candidate from Ipara. After the death of late Muhammadu Dagba, the Oloro, the next Oloro must come from Oke Oro. The Oloro before Oba Dagba having come from Iraye sub-house, the next candidate for the stool must come from Omugo sub-house

It must be pointed out that both David Kolade the candidate for Omugo house and Joseph Akanbi Falade from Okedaba house are from Oke Oro Ruling House. They are the 6th appellant and second respondent respectively. The son of the fifth respondent as P.W. 2 gave evidence for the plaintiffs and it is remarkable and revealing what he has to say as follows: