Judgment
JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the consolidated judgment of the Court of Appeal, Ibadan Division delivered on the 14th day of June, 2012 in the consolidated Appeal Nos. CA/I/69/99 and CA/I/267B/99, wherein the Court of Appeal allowed the appeal of the Appellant in Appeal No. CA/I/267B/99 and 4th Respondent in Appeal No.
CA/I/69/99 being the Appellant in this appeal and quashed the decision of the High Court nullifying the selection of the Appellant herein as Orimolusi of Ijebu Igbo on the sole ground that the 14th Defendant (at the trial Court) participated in the selection exercise when he was not a qualified kingmaker. The Court of Appeal also allowed the appeal of the 1st Respondent in this appeal who was the Appellant in appeal No. CA/I/69/99 and 1st Respondent in appeal No.
CA/I/267B/2012 at the Court below, only to the extent of nullifying the participation of the 8th, 9th, 14th and 15th Defendants at the High Court who participated at the meeting of the kingmakers held on 6th January, 1997, the consequence of which gave the Respondent herein three (3) votes of the qualified kingmakers against (2) votes of the Appellant in this appeal. A brief facts giving birth to this appeal will suffice.
Upon the demise of Oba Daniel Adelayo Kupakude 1, the Orimolusi of Ijebu Igbo in 1994, it became the turn of Ojuromi Ruling House to fill the vacancy created by his death. In line with the provisions of the Chiefs Law of Ogun State, Cap 20, Laws of Ogun State, the secretary of the competent council, the Ijebu North Local Government set the machinery in motion by issuing a Public Notice calling on the Ojuromi Ruling House to hold a meeting for the purpose of filling the vacant stool of Orimolusi of Ijebu Igbo.
Eight candidates were nominated by the Ojuromi Ruling House including the Appellant and 1st Respondent herein. At the meeting of the kingmakers held on 6th January, 1997, the Appellant was nominated by a majority of six (6) votes against the 1st Respondent with three (3) votes. As a result, the Appellant’s name was forwarded to the Executive council of Ogun State for approval.
Being aggrieved by the decision of the kingmakers, the 1st Respondent herein instituted an action at the High Court of Ogun State holden at Ijebu Igbo in suit No. HCB/5/97. By paragraph 39 of his amended statement of claim filed on the 17th day of March, 1997, the 1st Respondent claimed as follows:- “1.
