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THE GOVERNOR OF EKITI STATE THE ATTORNEY-GENERALAND COMMISSIONER FOR JUSTICE, EKITI STATE THE SECRETARY, EKITI SOUTH-WEST LOCAL GOVERNMENT EKITI SOUTH-WEST LOCAL GOVERNMENT CHIEFTAINCY COMMITEE (JOINED BY ORDER OF COURT MADE ON 1 JUNE 1998) V. JOHN OYEDELE EDWARD JAIYEOLA (FOR AND ON BEHALF OF THE AGUNGUN RULING HOUSE OF IGBARA-ODO, EKITI) J. ADU (FOR AND ON BEHALF OF THE ODIGEDE RULING HOUSE OF IGBARA-ODO) PRINCE BENJAMIN ALADEYELU PRINCE LAWRENCE ABALA PRINCE ALADEYELU ADELEKE ALFRED PRINCE LAWRENCE AMIRE (FOR AND ON BEHALF OF THE ODANADUN RULING FAMILY OF IGBARA-ODO, EKITI STATE)

(2014) JELR 53385 (CA)

Court of Appeal  •  CA/EK/85/2013  •  27 Jun 2014  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA (Presided) FATIMA OMORO AKINBAMI JCA BOLOUKUROMO MOSES UGO JCA (Read the Lead Judgment)

Appearances
A. E. Akpan, Esq., Director Law Review, Research and Statistics, Ekiti State Ministry of Justice (with him, J. A. Oladipo, Esq.) - for the -*- 1st - 3rd Respondents. B -*- O. S. Adedeko, Esq. - for the 4th - 7th Respondents.

Judgement

UGO JCA (Delivering the Lead Judgment): This appeal is against the interlocutory decision of the Hon. Justice M. A. Agbelusi J. of the Ikere- Ekiti Division of the Ekiti State High Court of 21 March 2011 in suit No. HCR/49/9, in which he dismissed the preliminary applications/objections to his jurisdiction by the appellants and the 1st to 3rd respondents.

In their said motion on notice (supported by affidavits), the appellants complained that:

The lower court had no jurisdiction by way of declaration or generally hear for determination, chieftaincy matters which lies in the first instance within the jurisdiction of the Executive Council of Ekiti State given under the relevant provision of the applicable Chiefs Law by way of review or supervision of matters done thereunder. The issues raised in the plaintiffs’ pleadings before the court and by the declarations sought are chieftaincy disputes, the powers to hear and resolve which are given to relevant bodies under the applicable Chiefs …

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