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PROF. LOUIS CHELUNO NWAOBOSHI & ORS. V. THE MILITARY GOVERNOR OF DELTA STATE & ORS

(2003) JELR 47134 (SC)

Supreme Court  •  SC.73/1999  •  16 May 2003  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC SYLVESTER UMARU ONU JSC UMARU ATU KALGO JSC SAMSON ODEMWINGIE UWAIFO JSC AKINTOLA OLUFEMI EJIWUNMI JSC

Judgement

S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): The Delta State Government approved a chieftancy declaration stating the customary law regulating succession to the title of Obuzor of Ibusa as per legal Notices Nos. 6, 7, 8 and 9 of 1995 published in the Delta State of Nigeria Extra-ordinary gazette No. 28 vol. 5 of 21 June, 1995. Persons who called themselves kingmakers wrote to the Government requesting that the selection and appointment of one Professor Louis Cheluno Nwaoboshi (now the 1st appellant) be approved and the staff of office presented to him.

A letter dated 20th June, 1995 from the Government to the chairman, kingmakers committee appeared to have conveyed the nod given by the military administrator of the State to the selection of Professor Nwaoboshi as the Obuzor of Ibusa. The letter which seemed to have been on the directive of the military administrator proceeded to say in paragraph 2 and 3 as follows:

"2. As regards the presentation of staff of office, I wish …

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