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ANIAGOLU, J.S.C. (Delivering the Leading Judgment): The issue in contention in this case on appeal is that of the Oba of Ijagbo traditionally known as the "ONIJAGBO OF IJAGBO - an issue which is not new in our Courts having once been the subject of litigation in William Akanbi v. Yakubu (1973) 12 S.C. 11.
The writ in that case was taken out in 1971 and read as follows:
(1) As against the 1st, 2nd and 3rd defendants that the approval and selection of the Bara was not made according to Ijagbo native law and custom because of irregularities and omissions in the appointment and that it is also ultra vires on the part of the 1st, 2nd and 3rd defendants to install the 4th defendant as the Bara.
(2) A declaration that the appointment of Alhaji Raji Fawomola Olanrewaju as Bara was irregular, fraudulent and against the popular age-long traditional process of Ijagbo people in appointing Bara.
(3) A declaration that the 1st, 2nd and 3rd defendants or their agents deliberately acted fraudulently…