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PRINCE J.S. ATOLAGBE & ANOR V. ALHAJI AHMADU AWUNI & ORS

(1997) JELR 48026 (SC)

Supreme Court  •  SC.32/1994  •  4 Jul 1997  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement

M. L. UWAIS, CJN (Delivering the Leading Judgment): In the High Court of Kwara State, the appellants herein were plaintiffs and the respondents herein and one other (The Commissioner for Chieftaincy Affairs, Kwara State) were defendants. The claim brought by the plaintiffs, which was based on chieftaincy dispute, was for the following declarations:-

"1. That the purported appointment of Alhaji Ahmadu Awuni as the Elese of Igbaja by the 3rd defendant is contrary to the native law and custom of Irese land relating to the appointment of an Elese, contrary to-the Elese of Irese (Confirmation of Declaration) Edict, 1987 and contrary to all known laws relating to the selection and appointment of an Elese of Irese land and is therefore null and void.

2. That the 1st plaintiff is the proper and rightful person to be appointed the Elese of Ireseland having been selected by the Abidolu Royal Families, the Irese Kingmakers and (in accordance with the Elese of Irese (Confirmation of Declaration) …

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