CHIEF EMMANUEL OBASAN V. MOJIDI ABUDU & ORS

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Ibadan Division delivered on 30th March 2006 allowing the appeal of the appellants on the ground that the judgment of the trial Court was a nullity for breaching their right to fair hearing and ordering the remittance of the case to the High Court of Ondo State for trial de-novo. 

The facts of the case as can be gleaned from the record and as summarized by learned counsel for the appellant is as follows: 

Sometime in 1988, Oba D.M. Osiyemi, the Ebumawe of Ago Iwoye in Ogun State joined his ancestors. In accordance with the Chieftaincy Declaration regulating the Chieftaincy, it was the turn of the Paripete Ruling House to present a candidate to fill the vacant stool. By a public notice dated 27th September 1989, the Ijebu North Local Government requested the Paripete Ruling House to present a candidate accordingly.

A meeting of the Paripete Rul…