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CHIEF AYOOLA ADEOSUN v. THE GOVERNOR OF EKITI STATE & ORS

(2012) JELR 34735 (SC)

Supreme Court  •  SC.19/1997  •  20 Jan 2012  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; JOHN AFOLABI FABIYI JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; MARY UKAEGO PETER-ODILI JSC;

Judgement

WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal and a cross appeal against the judgment of the court of Appeal, Holden at Benin City in appeal No. CA/B/155/93 delivered on the 22nd day of March, 1996, in which the court allowed the appeal and dismissed the cross appeal against the judgment of the High Court of Ondo State Holden at Akure, in Suit No. AK/62/88 in which the court declared the registered Olupoti Chieftaincy Declaration null and void, etc.

At the trial court, the original plaintiff/appellant, Joseph Adebayo Osaguna instituted the action against the defendants/respondents in which he claimed the following reliefs:-

1. The declaration purportedly made under Section 5(1) of the Chiefs' Edict 1964 as the Customary Law Regulating the selection of the Olupoti of Ipoti Chieftaincy approved on 24th December, 1987 registered on 26th December, 1987 is defective, faulty and objectionable and it is not a true reflection/codification of the Cus…

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