Timothy Adeilo Adefulu & Ors V. Bello Oyesile & Ors (1989)
LawGlobal-Hub Lead Judgment Report
UWAIS, J.S.C
The 1st, 2nd, 3rd and 4th Respondents were the plaintiffs in the High Court of Ogun State. They instituted an action against all the appellants and the 5th and 6th Respondents, as Defendants, claiming in their writ of summons as follows
“1. A declaration that the appointment, the purported approval and the new installation of the first Defendant (herein 1st appellant) as the new Olofin of Illishan- Remo are irregular, unlawful and therefore, null and void as same were not done in accordance with the provisions of the Western Region (Ogun State) of Nigeria Chiefs Law and the relevant Chieftaincy Declaration in respect of succession to the stool of Olofin of Ilisan-Remo.
- Injunction restraining the first Defendant from parading himself as the Olofin of Ilishan- Remo and the other Defendants from recognising the said first Defendant as the Olofin of Ilisan-Remo.
In the trial court (Sofolahan, J.) the parties agreed on the following facts. The chieftaincy title of the Olofin of Ilishan- Remo in Ogun State became vacant. The Secretary to the Ijebu Remo Local Government, Mr. J. I. Sholaja (P.W.1) by a notice (exhibit A) sent to the Agaigi Ruling House called for the nomination of a candidate or candidates for the consideration of the Kingmakers for appointment of a new Olofin of Ilisan-Remo. The notice reads:
“IJEBU REMO LOCAL GOVERNMENT
NOTICE
FILLING OF VACANCY OF OLOFIN OF ILISHAN
Pursuant to section 11(1)(a) of the Chiefs Law Cap. 19 NOTICE IS HEREBY GIVEN to AGAIGI RULING HOUSE, whose turn it is to provide a candidate for the vacant stool of Olofin of Ilisan to nominate within 14 (Fourteen) days of the date of this notice candidate or candidates for the consideration and selection by the Kingmakers.
- Persons who may be proposed as candidates to fill the vacancy must be (a) Members of the Agaigi Ruling House;
(b) Of the Male or Female line at will with a popular support.
- The Agaigi Ruling House shall nominate at a family meeting to be summoned by the head of the family candidate/candidates for the Chieftaincy to be presented by the family head to the Kingmakers.
- If within the period of 14 days given above, the Agaigi Ruling House fails to submit the name or names of a candidate or candidates, the next ruling house in order of rotation will be called upon to provide a candidate for the vacancy in accordance with section 11(1)(c) of the Chiefs Law Cap. 19.
- The Secretary to the Local Government will attend the meeting of both the Ruling House and the Kingmakers as an observer and he should be informed in good time of the date, time and place of the meetings to enable him to attend.
Made this 12th day of February, 1981.
Our Ref No. IRLG. 779/247
Local Government Secretariat,
Private Mail Bag No. 2015, Sagamu. ”
On receipt of the notice by the Agaigi Ruling House a meeting of the members of the Agaigi Ruling House was called for the 25th day of February, 1981. At the meeting Bello Oyesile (1st Respondent) was appointed as the head of the Agaigi Ruling House and he thereby became a kingmaker. Nominations of candidates were made at the meeting for submission to the (Sgd.) J. I. Sholaja Secretary Ijebu Remo Local Government for the purpose of appointing one of the nominated candidates as the next Olofin. The kingmakers, namely the 2nd to 13th appellants and the 1st Respondent, met on the 17th day of March, 1981. The kingmakers selected the 1st appellant as the next Olofin and the Governor of Ogun State (the 6th Respondent) approved the appointment of the 1st appellant as the Olofin Of Ilisan-Remo.
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