THE MILITARY GOVERNOR OF ONDO STATE THE ONDO STATE COMMISSIONER FOR LOCAL GOVERNMENT AND CHIEFTAINCY AFFAIRS THE SECRETARY, MOBA LOCAL GOVERNMENT OSENI OMOMEJI (FOR HIMSELF AND ON BEHALF OF OBAJANA FAMILY) IDOWU ADEBIYI (FOR HIMSELF AND ON BEHALF OF GBOGI FAMILY) AJEKIGBE ELEREBI (FOR HIMSELF AND ON BEHALF OF SAKARAITA FAMILY) V. JAMES OLAGUNJU KOLAWOLE (FOR HIMSELF AND ON BEHALF OF ILE OBAJEU RULING HOUSE) JAMES BABALOLA KODE (FOR HIMSELF AND ON BEHALF ON IMORO RULING HOUSE) JOSEPH ADEDAYO OYINLOYE (FOR HIMSELF AND ON BEHALF OF ILE TITUN RULING HOUSE) SAMUEL ADEBOWALE ADEAGBO (FOR HIMSELF AND ON BEHALF OF ILE-IYABA RULING HOUSE) SAMUEL AJAYI (FOR HIMSELF AND ON BEHALF OF IMOYA RULING HOUSE)
(2000) JELR 56384 (CA)
Court of Appeal
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CA/IL/90/99
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17 Jan 2000
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Nigeria
Coram
Appearances
L.B. Ojo Esq., D.S.L Ministry of Justice, Ekiti State for1st - 3rd Appellants
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C.R.A. Adedeji Esq., for the 4th - 6th Appellants
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Adekola Olawoye Esq.(with him Funke Olaosebikan (Mrs.) for the
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Respondents.
Judgement
AMAIZU, JCA.: (Delivering the Leading Judgment) In this suit, which emanated from the Akure High Court, Akure Judicial Division, the plaintiffs (hereinafter referred to as the Respondents) claimed against the defendants (hereinafter referred to as the appellants) in the following terms -
“1. Declaration that the 1984 Oore of Otun-Ekiti Chieftaincy declaration does not reflect the true and authentic custom relating to the Oore of Otun-Ekiti Chieftaincy and is therefore illegal, invalid, null and void and of no effect. Declaration that the 1984 Oore of Otun-Ekiti Chieftaincy
2. Declaration was made, approved and or registered without or in excess of jurisdiction and is therefore unconstitutional, irregular, illegal, invalid, null and void and of no effect.
3. Declaration that the appointment and proceedings including the findings and or recommendations of Olayiwola Commission of inquiry were not in accordance with the law and therefore irregular, illegal, invalid, null and void and of no…