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CHIEF JOSHUA ALAO V. ALFA ISSA AKANO & ORS.

(2005) JELR 45161 (SC)

Supreme Court  •  SC.3/2001  •  15 Apr 2005  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DAHIRU MUSDAPHER JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

MUSDAPHER, J.S.C. (Delivering the Leading Judgment): Chief Joshua Alao, the appellant herein, instituted this action in the High Court of Kwara State and in the Ilorin Judicial Division against the three respondents herein as the defendants seeking the following reliefs jointly and/or severally:-

"1. A declaration that the plaintiff is the Oluo of Oke-Oyi having been so appointed by the Oke-Oyi King makers and approved by the Kwara State Governor under section 3(1) of the Chiefs (Appointment and Deposition) Law.

2. A declaration that the second defendant has no power to appoint an Oluo for the Oke-Oyi in view of section 78(1)(J) of the Local Government Edict (Law) No.8 of 1976 and section 13 of Chiefs (Appointment and Deposition) [Amendment] Edict No.8 of 1985.

3. A perpetual injunction prohibiting the first defendant from parading himself as the Oluo of Oke-Oyi and prohibiting the second defendant from so treating him.

4. A declaration that Edict No. 3 of 1988 is unconstitutional nu…

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