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THE GOVERNOR OF EKITI STATE THE ATTORNEY-GENERAL, EKITI STATE THE CHAIRMAN, ILEJEMEJE LOCAL GOVERNMENT V. OBA J. O. AWOLOLA, THE ELEDA OF EDA-ONIYO (FOR HIMSELF AND ON BEHALF OF THE ENTIRE PEOPLE OF EDA-ONIYO)

(2006) JELR 52877 (CA)

Court of Appeal  •  CA/IL/14/02  •  6 Mar 2006  •  Nigeria

Coram
MUHAMMAD S. MUNTAKA-COOMASSIE JCA (Presided) ABOYI JOHN IKONGBEH JCA (Read the Lead Judgment) TIJJANI ABDULLAHI JCA

Judgement

IKONGBEH JCA (Delivering the Lead Judgment): Although all of the 13 issues for determination were formulated on behalf of the 3rd appellant, I think these consolidated appealscan easily be disposed of on the resolution of one single question, namely, whether or not the respondent’s action was not statute barred.

The claims The respondent was the plaintiff before the High Court of Ekiti State, sittingat Ado-Ekiti. He had taken out a writ of summons on 02/08/99 against the three appellants, seeking- “1. Declaration that by virtue of the State Creation (Transitional Provisions) Decree No. 72 Volume 83 of 1996, Local Government (Basic Constitutional and Transitional Provisions) Decree of 1997 and 1998, Eda Oniyo is still the headquarter of Ilejemeje Local Government Area of Ekiti State.

An order of court declaring illegal, irregular, unconstitutional and therefore null and void any act done or purported to have been done recognizingIye Ekiti as the headquarterof Ilejemeje Local Governme…

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