Chief Ademola Ogunniyi & Anor. V. Dr. Funsho Adaramola & Anor. (1973)

LawGlobal-Hub Lead Judgment Report

O. ELIAS, C.J.N. 

This appeal is against the ruling of the High Court of Kwara State holden at Borin in which an application for an order of certiorari was refused.

The matter originated in this way in so far as can be gathered from the proceedings. There occurred a boundary dispute between Offa and Erinle communities in Oyun Division of Kwara State. In exercise of the powers conferred upon him under sections 3 and 5 of the Local Boundaries Settlement Edict No.9 of 1970, His Excellency, the Military Governor appointed Dr. Funsho Daramola as “Boundary Settlement Commissioner” and ordered him to enquire into and determine the boundaries between the two communities. Under section 6 of the said Edict, Mr. Ayo Jonathan, State Counsel, and Mr. A. A. Rotimi, Senior Surveyor, were also appointed as Secretary and Surveyor respectively “to assist the Commissioner who will enquire into and determine the boundaries” between the two communities. These two sets of appointment were published in the Kwara Gazette Notices Nos. 195 and 196 of 29th July, 1971, respectively.

It is to be noted that there is no provision for any appeal against the decision of the Commissioner in the Local Boundaries Settlement Edict No.9 of 1970.

The Commissioner duly carried out his assignment and submitted his determination of the question in controversy between the parties to the Governor of Kwara State. To this report was attached a plan (Exhibit A) in the proceedings before the High Court showing the boundaries as determined by the Commissioner.

It appears that at a certain period during the enquiry into the dispute between the two communities, Dr. Funsho Daramola was himself involved in some enquiry concerning his activities as a Lecturer in Ahmadu Bello University, Zaria. The Council of the University did not reach a decision on this enquiry until about 25th October, 1971.

In consequence of the recommendations made by the Commissioner, Chief George Ademola Ogunniyi, the Are of Offa, and Amusa O. Alawode applied for and were granted leave to apply for an order of certiorari to remove the Commissioner’s determination of the boundaries between the communities to the High Court for the purpose of the same being quashed.

In due course, the application came before Sir Nigel Reed, Chief Justice of the Northern States, for hearing and determination. The application was supported by affidavits. There were also counter-affidavits. Many grounds were argued in support of the application. After having given consideration to the submissions by learned counsel for the parties interested, the application was refused.

The applicants, being dissatisfied with the ruling, have brought this appeal to this court. Although there were four grounds filed only three grounds of appeal were argued before us.

The three grounds in the order in which they were argued before us were the following:-

(1) Having regard to ground 9 of the application for certiorari herein, the learned Chief Justice erred in law in his interpretation of section 8 (a) of the said Edict and in failing to grant the application on ground 9 aforesaid.

Particulars of Error

(a) No plan within the meaning of that section was attached to the Report and, accordingly, the learned Boundary Commissioner exceeded his jurisdiction.

(b) The effect of the requirements in the Edict for such plan is that the plan (with the boundaries ascertained) must be prepared by a person who is a licensed surveyor within the Survey Law.