Disable Preloader

CaseLaw

Adigun V. Sec. Iwo Local Govt. (1999) CLR 7© (SC)

Brief

  • Abuse of Court process
  • Relitigation of issue previously determined
  • Supreme Court decisions

Facts

The first plaintiff is the Head of Ogunmakinde Ande Ruling House of Iwo, the second and third plaintiffs Alade Lamuye and Tiamiyu Ajani are principal members of the family. There was a vacant stool of Oluwo of Iwo, one of the principal towns of the Yoruba. The last Oluwo died sometime in 1982. It was before the death of the last Oluwo that for the first time a statutory declaration of Oluwo of Iwo Chieftaincy was made following Justice Apara's Commission in 1979. The Declaration, Exhibit P1 in this suit, was registered in the Gazette on 19th July, 1979 and recognised Ogunmakinde Ande Ruling Houses as the only Oluwo of Iwo Ruling House. This no doubt met with some opposition and another panel was set up, termed Agiri Commission of Enquiry, which turned in its report culminating in another Declaration in 1981, Exhibit P2 in this suit. Exhibit P2 dropped Ogunmakinde Ande Ruling House of the plaintiffs and recognised three other houses, to wit, Adagunodo, Gbase and Alawusa as the only Ruling Houses of Oluwo of Iwo Chieftaincy. As a result of this new Declaration (i.e. Exhibit P2 the Ogunmakinde Ande Ruling House led by the present first plaintiff, Prince Yahaya Adigun joined by Prince Alade Lamuye and Prince N. O. Abanikanda (all also plaintiffs in the present suit) and others challenged the 1981 Declaration in a suit at the former Oyo High Court sitting at Oshogbo in 1981 claiming as follows:

  • i
    "a declaration that by the Customary Law prevailing in Iwo, the Ogunmakinde Ande Ruling House is the only Ruling House from which appointment to the Oluwo of Iwo Chieftaincy is to be made.
  • ii
    a declaration that the instrument dated the 28th day of July, 1981 is in so far as it purports to declare the Customary Law prevailing in Iwo with respect to the appointment to the Oluwo of Iwo Chieftaincy, is wrong and accordingly illegal and void
  • iii
    and conjunction restraining all servants, officers and agents of the Government of Oyo State or of the Iwo Central Local Government from acting pursuant to or taking any steps to implement the aforesaid declaration registered on 29th July, 1981."

The High Court dismissed the three claims on 16th June, 1982. On appeal, the Court of Appeal dismissed the appeal and a further appeal was lodged at Supreme Court. In a unanimous judgment on 20th March, 1987, (the appeal, SC. 98/1986), it was held that Agiri Commission of Enquiry violated the principle of fair hearing and natural justice by denying the plaintiffs the hearing granted Adagunodo, Gbase and Alawusa Families. The Court therefore allowed the appeal in respect of claims (ii) and (iii), and dismissed the appeal in respect of claim (i).

Thus the Supreme Court held as follows: -

  • i
    "that Ogunmakinde Ande Ruling House is not the only Ruling House of Oluwo of Iwo Chieftaincy.
  • ii
    that the Declaration of 1981, Exhibit P2, is void as it never afforded Ogunmakinde Ande Family opportunity of being heard by Agiri Commission of Enquiry and thus its purported declaration of customary law could not be sustained.
  • iii
    that Exhibit P2 should not be enforced and injunction asked for was therefore granted and the Government was ordered to set up another commission to ascertain the true customary law and tradition as to appointment of Oluwo of Iwo".

However, despite the clear wording of the Court's judgment the plaintiffs returned to Supreme Court by way of motion under "inherent jurisdiction" of the Court praying as follows:

Issues

Whether under the facts and circumstances of this case and the reliefs sought...

Read More