CHIEF J. A. SANNI & ANOR V. COMMISSIONER OF POLICE, EDO STATE & ORS

TOM SHAIBU YAKUBU, JCA (Delivering the Lead Ruling): The 1st set of Respondents had filed an action Suit No.HIG/32/86 at the Edo State High Court of Justice, sitting at Igarra against (i) The Commissioner of Police, Bendel State (ii) Akoko-Edo Local Government Council, Igarra and (iii) Okuo Luse II, Otaru of Igarra.

The claim therein, was for:

"(1) A declaration that the Defendants' contention contained in a letter dated 18th day of June, 1986 and referenced No.POL. 2/Vol. III/522 communicated to plaintiffs to the effect that the Plaintiffs are banned from beating the "Arigede Drum" is contrary to Igarra Native Law and Custom.

(2) An Order restraining the Defendants, their servants, agents/privies and others from preventing the Plaintiffs to beat the said "Arigede Drum" having regard to the fact that they are entitled so to do by Igarra Native Law and Custom."

The suit proceeded to hearing and at the end of it judgment was entered for the Plaintiffs - 1st set of Respondents herein. Th…