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DR. MICHAEL AYO DANIYAN (IN SUBSTITUTION FOR J. B. DANIYAN FOR HIMSELF AND ON BEHALF OF ESEYIN-MOGA AND ATTE-MOTE FAMILIES OF OKENAUN-MOPA) S. O. OLORUNNISHOLA (ON BEHALF OF ONIBA FAMILY OF OKENAUN-MOPA) V. MR. ELKENA OBA IYAGIN OYI TRADITIONAL COUNCIL YAGBA LOCAL GOVERNMENT GOVERNMENT OF KOGI STATE

(2001) JELR 53394 (CA)

Court of Appeal  •  CA/A/70/2000  •  27 Nov 2001  •  Nigeria

Coram
MOHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, JCA (Presided) ZAINAB ADAMU BULKACHUWA, JCA ALBERT GBADEBO ODUYEMI, JCA (Read the Lead Judgment)

Judgement

ODUYEMI, JCA (Delivering the Lead Judgment): By a writ of summons issued out of the Lokoja Judicial Division of the former High Court of Kwara State on 6th September, 1990, the then 1st plaintiff (now deceased) for himself and on behalf of Eseyin-Moga and Atte Mote families of Okenaun-Mopa while the 2nd plaintiff on behalf of Omba family of Okenaun-Mopa claimed from the 1st, 2nd, 3rd and 4th respondents as follows:-

“1. A declaration that the purported appointment of the 1st defendant as OTUNBA of MOPA in Yagba Local Government Area based on the recommendation of Oyi Traditional Council and contained in a letter Ref. YAG/LGE/1/30 written by the Sole Administrator, Yagba Local Government, Isanlu is ultra vires, illegal and contrary to the custom of Mopa community relating to such an appointment and therefore null and void.

A declaration that the 1st defendant having not been installed by the Elulu of Mopa can not wear the Traditional Red Cap (ATU-ODI) and therefore he can not perform o…

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