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ALHAJI MUSTAFA MOBERUAGBA ANRETIOLA v. DOKUN AJAYI LABIYI & ORS

(1987) JELR 33653 (CA)

Court of Appeal  •  CA/I/80/85  •  24 Jun 1987  •  Nigeria

Coram
UCHE OMO JCA; MICHAEL EKUNDAYO OGUNDARE JCA; IBRAHIM KOLAPO SULU-GAMBARI JCA;

Judgement

OGUNDARE, J.C.A. (Delivering the Leading Judgment): The simple issue calling for determination in this appeal is as to whether or not a court can pronounce on the invalidity of the provisions of an edict that are inconsistent with the unsuspended provisions of the Constitution of the Federal Republic of Nigeria, 1979 (hereinafter referred to as the 1979 Constitution).

The plaintiff (now appellant) had in the High Court, Shaki sued the defendants (now respondents) claiming:

1. Declaration that the purported declaration made in 1981 in respect of Elero of Ilero Chieftaincy Sub-dividing two ruling families of (1) Anretiola and (ii) Falodun into five ruling houses is not in accordance with the customary law applicable to Elero of Ilero Chieftaincy.

2. Declaration that the two ruling families entitled to Elero of Ilero Chieftaincy according to Ilero customary law are (i) Anretiola and (ii) Falodun.

3. Injunction to restrain the defendants from implementing the said purported declaration of…

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