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ALHAJI SULE AGBETOBA & ORS. V. THE LAGOS STATE EXECUTIVE COUNCIL & ORS

(1991) JELR 43059 (SC)

Supreme Court  •  SC.195/1990  •  7 Jun 1991  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; OLAJIDE OLATAWURA JSC; UCHE OMO JSC;

Appearances
Chief Sobo Sowemimo, SAN (with him, Chief B. O. Benson, SAN, Alhaji Abdul Razaq, SAN and Ola Animashawun) For Appellant M. O. Bioshogun, Director of Civil Litigation, Ministry of Justice, Lagos StateW.A. Oseni (with him, L.B. Lawal-Akakpo) For Respondent

Judgement

A. G. KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): Appellants, representing the Muti ruling house of the Onikoyi Chieftaincy family has again appealed to this Court, challenging the dismissal by the Court of Appeal, Lagos Division of their appeal against the judgment of C.A. Johnson, C.J. dated 23rd October, 1985.

In the High Court of Lagos State appellants as plaintiffs in two separate suits, ID/42M/81 and M/153/81 subsequently consolidated had asked for the following eleven reliefs from the Defendants/respondents.

(i) A declaration that the declaration issued by the Lagos State Executive Council on the 27th day of July, 1977 and registered on the 1st August, 1977 under the Oba and Chiefs of Lagos Law 1975 is still effective and binding on the Lagos State Government;

(ii) A declaration that the 3rd appellant was properly selected by the Muti Ruling House of the Onikoyi Chieftaincy Family to fill the vacant stool of Chief Onikoyi of Lagos.

(iii) A declaration that the 3rd a…

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