GEORGE OLADEINDE SHOREMI, J.C.A (Delivering the Leading Judgment): In Suit No. HOK/27/93 the Plaintiffs took out a writ of summons endorsed as follows:-
"1. A declaration that the Plaintiffs Family-(Opetusi Family is the only family entitled under customary law to present a candidate to fill the vacant stool of Olofun or Irele.
2. A Declaration that the Branches of Oyenusi Family holding the Traditional Chieftaincies of Oyenusi and Jomo or Irele respectively are not entitled to contest the vacant stool of Olofun of Irele with the descendants of OPETUSI.
3. A Declaration that only the descendants of Opetusi can aspire to reign as the Olofun of Irele, and that Oyenusi only reigned as the Jomo of Irele, and not as Olofun or Irele.
4. A Declaration that neither the Governor of Ondo State nor any of functionaries of the Government of Ondo State has power to alter the Customary law governing the Olofun or Irele Chieftaincy as it affects the interest of the Opetusi Family in the vacant stool…