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PRINCE YAHAYA ADIGUN & ORS V. ATTORNEY-GENERAL OF OYO STATE & ORS

(1987) JELR 42699 (SC)

Supreme Court  •  SC.98/1986  •  20 Mar 1987  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; AUGUSTINE NNAMANI JSC; DAHUNSI OLUGBEMI COKER JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Appearances
Chief F.R.A. Williams, S.A.N. (with him Chief Sobo Sowemimo, SAN, Dr. L. O. Aremu, G. O. Sofunde, C. J. Aremu (Mrs.), Dr Hamed Kusamotu and Mr. M. Oyetunde - for Appellants. For Appellant O. A. Boade, Esq. (Senior State Counsel, Ministry of Justice Oyo State) - for 1st 6th-19th Respondents.Chief J. O. Fawole - for 3rd, 4th and 5th Respondent with him O. Ojutiku, Esq For Respondent

Judgement

OBASEKI, JSC (Presiding and Delivering the Leading Judgment): This appeal has raised the important question of FAIR HEARING in its widest context in a Chieftaincy matter. The matter has its genesis in the steps taken by the Government of Oyo State to ascertain the customary law governing the appointment of the Oluwo of Iwo in Iwo. In the continuing search one Declaration made by the Chieftaincy Committee of the Iwo Local Government area of the 4th day of January, 1979 approved on the 17th day of July, 1979 by the Military Administrator was registered on the 19th day of July, 1979. It was admitted in evidence at the High Court as Exhibit D. In that Declaration, only one Ruling House that is Ogunmakinde Ande was identified and declared as being in existence. This evoked a spate of protest and protest petitions poured into the office of the governor of the State. This led the Government to appoint Dr Agiri as sole Commissioner to carry out discreet investigation into the chieftaincy and …

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