CORAM
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE J
PARTIES
ANDCHIEF MUSA YERIMA & ORS(FOR THEMSELVES AND ON BEHALF OF OGHIATOR BRANCH OF OKHOKHO RULING HOUSE OF IYAKPE, SOUTH IBIE)ANDCHIEF SHAIBU OSHOLEMOH & ORS(FOR AND ON BEHALF OF OGHIATOR BRANCH OF OKHOKHO RULING HOUSE OF SOUTH IBIE) APPELLANTS
1. CHIEF MOMOH DANESI & ORS(FOR THEMSELVES AND ON BEHALF OF DANESI BRANCH OF OKHOKHO RULING HOUSE OF IYAKPE, SOUTH IBIE )AND1. CHIEF MOMOH DANESI & ORS(FOR THEMSELVES AND ON BEHALF OF DANESI BRANCH OF OKHOKHO RULING HOUSE OF IYAKPE, SOUTH IBIE) ? RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants as Plaintiffs in the High Court of Edo State, Benin City Judicial Division filed an action against the Respondents as Defendants. After the demise of I.M.J. Known in 1997, as the Aido-nogie of South Ibie in Etsako West Local Government of Edo State, the secretary to the Local Government wrote to the Okhokho ruling House to produce a candidate to fill the vacant stool. There is only one ruling house in SOUTH IBIE i.e. Okhokho Ruling House which has two branches i.e. OGHIATOR and DANESI. By tradition, AIDONOGIE, i.e clan head of South Ibie is rotated between the two Branches of the Okhokho ruling House. The Late Aidonogie i.e. I.M.J Umaru, the Danesi branch of Okhokho Ruling House forwarded the name of the 4th Plaintiff, Alhaji Aliyu Kelvin Danesi to the Etsako West Traditional Counsel, through the Secretary of the Etsako West Local Government for consideration. The Oghiator branch of the Okhokho ruling House objected to this procedure. It was their contention that even though it was the DANESI branch of the Ruling House turn to present candidate, the eldest man of Okhokho Ruling House i.e. DAUDU is the rightful person to present the candidate’s name to the Local Government. As a result, the Secretary to the Local Government wrote another letter requesting the DANESI branch to present a candidate. While the name of the said 4th Plaintiff was re-presented, the Defendants presented the name of the 4th Defendant being the first son of the Late Aidonogie. It was the contention of the Defendants/Respondents that the 4th Plaintiff, not being a direct son, or being a first son of any of the Late Aidonogies, is traditionally not qualified to ascend or mount the throne. The 1st Plaintiff who could have qualified being a direct son of a Late Aidonogie has been disqualified on the ground of ill-health. Therefore since there was no qualified candidate from the Danesi branch of the Ruling House, the 4th Defendant was then chosen. On the other hand, the Plaintiffs contended that any person from any of the Branches whose turn is to present candidate is qualified to fill the vacant stool not necessarily a direct son of a Late Aidonogie. After hearing both parties and their witnesses the learned trial Judge granted all the Defendants’ counter claims based on the fact that the selection of Alhaji Aliyu Kelvin Danesi did not comply with the registered Declaration regulating the succession to the clan head (Aidonogie) of South Ibie and therefore declared the appointment as well as the approval invalid, null and void. He however partially allowed or granted the Appellants claim for a declaration that in accordance with the Customary Law it is the turn of the Danesi Branch of the Okhokho Ruling House of Iyakpi South Ibie to select, present, appoint and or produce a Clan Head (Aidonogie) of South Ibie, if such candidate satisfied the requirements of the Registered Declaration. Being aggrieved by the finding and judgment of the trial judge, the Appellants have lodged the instant appeal.
HELD
Appeal Partially Upheld
ISSUES
? Whether or not Alhaji Aliyu Kelvin Danesi is eligible for nomination, selection and approval as Aidonogie of South Ibie Clan under the Registered Declaration (Exhibit B2) and the Traditional Rulers and Chief Edict 1979?? Whether or not the Counter/ Claimants/Respondents proved their case in the trial Court as required by law and therefore entitled to judgment?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Declaration of Customary Law Regulating succession to Traditional Ruler title (Traditional Rulers and Chiefs Edict 1979) B.S.N.L 136 of 1999Obas and Chiefs Law, 1981Traditional Rulers and Chiefs Edict 1979