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PRINCE YAYA ADIGUN & ORS V. THE GOVERNOR OF OSUN STATE & ORS

(1995) JELR 43456 (SC)

Supreme Court  •  SC.168/1992  •  10 Mar 1995  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
Chief Afe Babalola, SAN, (with him, L.O. Fagbemi and T. Lamuye) For Appellant 1st, 2nd and 17th Respondents absent and unrepresentedAlhaji Y.A. Agbaje, SAN (With him, A Agbaje) -for the 3rd Respondent E. Abiodun -for the 18th Respondent For Respondent

Judgement

UWAIS, J.S.C. (Delivering the Leading Judgment): The facts of this case are inextricably interwoven with those of Adigun and 2 Ors. v. The Attorney-General of Oyo State and 18 Ors., (1987) 1 NWLR (Pt. 53) 678 and Adigun and 2 Ors. v. The Attorney-General /of Oyo State and 18 Ors. (No.2), (1987) 2 NWLR (Pt. 56) 197; both of which were decided by this court as a full court, (Obaseki, Eso, Nnamani, Coker, Karibi-Whyte, Kawu and Oputa, J.J.S.C.): The narration of the facts may be follows.

By the Iwo Local Government (Appointment of Chieftaincy Committee) Order, 1978, Oyo State Legal Notice No. 30 of 1978, members of the Chieftaincy Committee of Iwo Local Government were appointed with effect from the 3rd day of May, 1978. The Committee which was vested with the powers to discharge the duties conferred on such a committee by the Chiefs Law, Cap. 19 of the Laws of Western Nigeria, 1959 (now Cap. 21 of the Laws of Oyo State, 1978, applicable to Osun State), consisted of the holders of the fo…

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