PRINCE DURO ADEREMI LADEJOBI & ORS. V. OTUNBA AINOFI AFOLORUNSHO OGUNTAYO & ORS.

UWAIFO, JSC (Delivering the Lead Judgment): The appellants are principal members of the Afurukeregboye Ruling House of Ijebu-Ife. It has become necessary to fill the vacant stool of the Ajalorun Chieftaincy title of Ijebu-Ife. The appellants are aggrieved that in the process of presenting candidates from whom to fill the vacant stool, at a meeting of the Ruling House held on 20 March, 1995, the 1st respondent was nominated along with the 1st appellant and three others. They say that the 1st respondent who is the Oraderemo and a kingmaker, is not, for various reasons given, qualified to become the Ajalorun:

(1) he is not a bona fide member of the Ruling House;

(2) he is not a descendant of any previous occupier of the Ajalorun Stool;

(3) he is not a Prince (Omo-Oba);

(4) being a kingmaker he is disqualified from becoming an Ajalorun.

The appellants (as plaintiffs) brought this suit in a representative capacity in the High Court, Ijebu-Ode, for themselves and on behalf of the Afuruker…