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PRINCE GODFREY KOLAWOLE MUSTAPHA V. GOVERNOR OF LAGOS STATE & ORS.

(1987) JELR 42731 (SC)

Supreme Court  •  SC.246/1983  •  15 May 1987  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC AUGUSTINE NNAMANI JSC MUHAMMADU LAWAL UWAIS JSC ADOLPHUS GODWIN KARIBI-WHYTE JSC SAIDU KAWU JSC CHUKWUDIFU AKUNNE OPUTA JSC SALIHU MODIBBO ALFA BELGORE JSC

Judgement


NNAMANI, J.S.C. (Delivering the Leading Judgment): This suit arose out of the contest for the Chieftaincy Stool of the Oloja of Igbogbo in the Ikorodu area of Lagos State. On the 29th November, 1977, the last holder of the Oloja of Igbogho Stool, Oba J.O.O. Odugbose died. The Stool thus became vacant. The present Appellant and the 3rd Respondent were the main contestants for the vacant Stool. By Legal Notice No.6 of 1979 dated 24th July, 1979, tendered in these proceedings as Exhibit D3/A, the Military Government of Lagos State approved the appointment of Johnson Olatunji Fatola, the 3rd Respondent as the new Oloja of Igbogbo. An instrument of appointment made under the hand and seal of the Military Administrator of Lagos State dated 29th August, 1979, and published in the Lagos State Official Gazette No. 35 Vol. 12 of 30/8/79 was given to the said 3rd Respondent. This instrument was tendered in these proceedings as Exhibit D/30.

Following these developments, the Plaintiff, contending…

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