MR. ABDULGANIYU ADENIRAN MR. ABDUL LATEEF LAWAL (FOR ADENIYI APATA FAMILY, OFFA) V. HRH OBA ABDULGANIYU AJIBOLA IBRA (FOR HIMSELF AND ERIN-ILE COMMUNITY) SECRETARY, OFFA LOCAL GOVERNMENT SECRETARY, OYUN LOCAL GOVERNMENT

OGBUINYA JCA (Delivering the Lead Judgment): This appeal stemmed from the ruling of the High Court of Kwara State, Offa, Coram, M. O. Adewara, J., in suit No. KWS/OF/3/2006 delivered on 23 June 2006wherein the court upheld the preliminary objections filed by the first and third defendants/respondents against the claimants’/appellants’ action.

As can be gleaned from the processes, the background facts of the case, which culminated in this appeal, are primordial. For ages, there had been a boundary dispute between the appellants’/ cross-respondents’ Offa Community and the first respondent’s/cross-appellant’s Erin-Ile Community in Offa and Oyun Local Government Areas of Kwara State respectively. That agelong dispute invariably gave birth to tons of litigations, communal skirmishes and break down of law and order in those two feuding Communities.

Sequel to that protracted boundary dispute, the then Military Governor of Kwara State, Col. D. L. Bamigboye, pursuant to the provisions of secti…