S. M. A. BELGORE, J.S.C (Delivering the Leading Judgment): On the 23rd day of February, 1999, I dismiss this appeal and adjourned to today to give reasons for the decision. I now hereby give reasons for the judgment.
The appellants Prince Yaya Adigun and two others for themselves and on behalf of Ogunmakinde Ande Ruling House of Iwo brought a suit against the Military Governor of Oyo (now substituted by Military Administrator of Osun State) and Secretary Iwo Local Government and sixteen others (who are various chiefs of Iwo town) claiming as follows:
(i) Declaration that in the absence of an Oluwo of Iwo, no new declaration of custom regulating the succession to the Oluwo of Iwo Chieftaincy can be made.
(ii) Declaration that until a new Declaration regulating succession to Oluwo of lwo Chieftaincy has been made, the Ogunmakinde Ande Ruling House in accordance with the Customary Law applying to that Chieftaincy is the only Ruling House to present a candidate for the Oluwo of Iwo.