Appeal Court Nullifies Osun High Court Ruling in Salu of Edunabon Dispute
- Orders Fresh Trial over Contested Chieftaincy Succession
The Court of Appeal has set aside the judgment of the High Court of Osun State which dismissed a chieftaincy suit challenging the appointment of the Salu of Edunabon on the ground that it was statute-barred.
In a unanimous decision delivered by Justice Oyebisi Folayemi Omoleye, JCA, the appellate court held that the trial court erred in law when it dismissed the suit at the preliminary stage without hearing the case on its merits, especially in view of serious allegations of procedural violations and bad faith raised by the Appellant.
The appeal arose from a dispute over the succession to the stool of the Salu of Edunabon, a recognised chieftaincy governed by the Salu of Edunabon Chieftaincy Declaration of 1957 and the Chiefs Law of Osun State.
The Appellant, Chief Oyedokun Olatidoye (Olosi of Edunabon) and head of the Edunabon kingmakers, challenged the nomination, appointment and approval of Oba Kehinde Oladepo as Salu of Edunabon.
Chief Olatidoye contended that he supervised the lawful nomination and traditional installation of Prince Adebayo Nasiru Bolawole, whose selection, he said, complied with customary rites and received the consent of the Ooni of Ife, the prescribed authority under the chieftaincy declaration.
He alleged that the Ife North West Local Council Development Area and other government officials later conducted a parallel selection process without his involvement and secured the approval of the Governor of Osun State in breach of statutory and traditional procedures.
However, the Osun State High Court, presided over by Justice A.A. Aderibigbe, upheld a preliminary objection filed by the Respondents and dismissed the suit in its entirety on 20 January 2022, holding that the action was caught by the Public Officers Protection Law for being filed outside the prescribed three-month period.
Dissatisfied, the Appellant appealed, arguing that the trial court failed to consider established exceptions to the limitation law, particularly where allegations of illegality, abuse of office and bad faith are made.
He further contended that the blanket dismissal of the suit wrongly extended statutory protection to a private individual, the 1st Respondent, who is not a public officer.
In allowing the appeal, the Court of Appeal held that the Appellant had the requisite locus standi to institute the suit as the recognised head of the kingmakers and that his continuation of the action did not amount to an abuse of court process.
The court emphasised that allegations of non compliance with the Chiefs Law, bypassing of the Ooni of Ife, failure to observe the mandatory 21-day waiting period, and the imposition of warrant chiefs raised serious factual issues which could not be resolved without a full trial.
He held that the decision of Justice Aderibigbe of the Osun State High Court to dismiss the suit without hearing the merit of the case was a clear case of miscarriage of justice which should not have occurred.
Justice Omoleye further held that the trial court was wrong to apply the Public Officers Protection Law wholesale without first determining whether the acts complained of were carried out lawfully and in good faith, noting that acts done outside statutory authority do not enjoy limitation protection.
Consequently, the appellate court set aside the judgment of the High Court, ordered that the case be remitted for hearing afresh before another judge, and awarded ₦500,000 costs against the 1st Respondent in favour of the Appellant.
Okikiola Adewale is a young and vibrant undergraduate pen pusher with training in both print and digital journalism. He has a flair for writing, content development and people-oriented reporting to seek societal change.
