Otunba Abdul Lateef Owoyemi V. Prince Yinusa Oladele Adekoya & Ors (2003)

LAWGLOBAL HUB Lead Judgment Report

O. UWAIFO, J.S.C.

This is an appeal from a judgment of the Court of Appeal, Ibadan Division given on 20th April, 1998. The writ of summons which commenced this action was taken out on 20th June, 1986. It was amended and filed on 24th March, 1987. The statement of claim was also amended. The statement of defence filed by the 1st and 2nd defendants was also amended while the one filed by the 3rd defendant was amended to include a counterclaim. There were separate replies to the two statements of defence. The one in respect of the 3rd defendant had subjoined to it a statement of defence to the counterclaim to which the 3rd defendant filed a reply. I have stated the above to show that copious steps were taken by the parties to join issues on all matters they considered relevant.

It is necessary to make it clear that the present 1st respondent was the plaintiff; the 2nd and 3rd respondents were the 1st and 2nd defendants; while the appellant was the 3rd defendant.

The reliefs sought in the main claim were five and were stated against only the 1st and 2nd defendants. This remained unchanged even after the writ of summons and statement of claim were amended consequent upon the joinder of the 3rd defendant upon the application made by him to the court. The said reliefs read thus:

“The plaintiff’s claims against the first and second defendants jointly and severally are as follows:

(a) A declaration that the nomination of the plaintiff by the Agbonmagbe Ruling House on the 10th day of May, 1982 to fill the vacancy in the Dagburewe of Idowa Chieftaincy is valid.

(b) A declaration that the appointment of the plaintiff by the kingmakers to the Dagburewe of Idowa on the 24th day of May, 1982 to fill the vacancy in the Dagburewe of Idowa Chieftaincy is valid.

(c) A declaration that the letter LLG 140/Vol.12/2 dated the 1st day of September, 1982 and issued by the Secretary of Leguru Local Government setting aside the appointment of the plaintiff as Dagburewe of Idowa is null and void.

(d) A declaration that Public Notice LLG/140/156 dated the 5th day of September, 1982, and issued by the Secretary of the Leguru Local Government calling for another nomination by the Agbonmagbe Ruling House is null and void.

(e) An injunction restraining the first and second defendants and their agents from disturbing the appointment of the plaintiff as the Dagburewe of Idowa.”

The 3rd defendant in his counter-claim stated his claim thus:

“The third defendant therefore seeks declaration as follows:

(a) 1. That Ali Ogunbadejo (Olisa elect)

2. Abasi Olaitan (Olowa Gboyeru elect)
3. Jimo Lawal (Elejieporo elect)
4. Labale Ogunlaja (Jamuodigba elect)
5. B.O. Alaba (Aloran elect)
6. Awesu Adekoya (Alase elect)
7. Yisau Salami (Oliwo elect)
8. Abosede Lawal (Olotu Apena elect)
9. Ismaila Egunjobi (Kankanfo elect)
10. James Odutan (Agbon elect)
11. Daniel Ajayi (Lapoekun elect)
12. George Adeneye (Laketu elect)

having failed to perform the traditional rights pertaining to their respective chieftaincies during the life of Oba Olaneye the late Dagburewe of Idowa who nominated them as chiefs cannot lawfully function or perform the duties of the nominated chieftaincies to which they were nominated and in particular cannot in accordance with traditions and or customary laws be kingmakers of the Dagburewe of Idowa Chieftaincy.