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ALHAJI LAWANI ATOYEBI & ANOR V. THE GOVERNOR OF OYO STATE & ORS

(1994) JELR 43413 (SC)

Supreme Court  •  SC.294/1991  •  13 May 1994  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

BELGORE, J.S.C. (Delivering the Leading Judgment): The appellants were the plaintiffs at trial High Court and also the appellants at the Court of Appeal. They concluded their statement of claim as follows:-

"WHEREOF the plaintiffs claim as follows:-

1. Declaration that the first defendant's letter purporting to designate the Alepata as the Senior Traditional Ruler in Igboho is against the ancient traditions, history, customs and usages of Igboho and is therefore unjust, unconstitutional, null and void and of no effect.

2. Declaration that the Onigboho is the only traditional ruler in Igboho.

3. Declaration that the Alepata is only a quarter chief in Oba Ago quarters in Igboho and not a traditional ruler.

4. Order restraining the first defendant, his servants, agents privies or those lawfully taking orders from him from further giving formal or any recognition to the Alepata as the senior traditional ruler in Igboho and/or in the alternative.

5. Order restraining the Alepata from pa…

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