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OGUNDARE OSASONA V. OBA ADETOYINBO AJAYI & ORS.

(2004) JELR 45012 (SC)

Supreme Court  •  SC.118/1999  •  7 May 2004  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

UWAIFO, J.S.C. (Delivering the Leading Judgment): This suit was commenced by a writ of summons filed on 7th August, 1987 in Ikole Ekiti, then within the erstwhile Ondo State. The writ, which had contained three reliefs, was amended and filed on 4th June, 1992. In paragraph 56 of the final amended statement of claim, the plaintiffs sought six reliefs as follows:

"1. A declaration that the recommendation contained at page 49 of the report of Oluwole Chieftaincy Review Commission concerning the Chieftaincy Declaration for the Elejelu of Ijelu Chieftaincy and the Government views on the report at page 12 of the white paper approving the recommendation is a negation and falsification of the true age-long native law, tradition and custom of Ijelu people regulating nomination, appointment and approval of a candidate to the Elejelu of Ijelu Chieftaincy and therefore unconstitutional, null and void and of no legal effect.

Particulars of Falsification and Other Irregularities:

(a) Exhibit '1' t…

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