A. B. KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): This is yet another of the recurring, litigations over Chieftaincy disputes in the southern part of this country. Several efforts have been made to control litigations on Chieftaincy by means of legislation and through administrative regulations. The jurisdiction of the courts have been ousted and restored; the categories of chiefs have been classified and defined. Chieftaincy declarations have been encouraged to prescribe the customary law on the matter. The problem remains hydra-headed, insoluble and unabating.
This appeal originated from the dispute to the successor of the late Baale of Out, Baale Tijani Awolola, from the Ayilola Ruling House till his demise on the 31st August, 1980 was the Baale of Otu. Otu is in Iseyin North Local Government Area of Oyo State. In accordance with the Chieftaincy Declaration, 1960, there are two Ruling Houses in Otu, entitled to present candidates to fill the vacancy. These are the Ayilo…