H.R.H. PETER ABALUME OSIGBEMEH MR. BOYO OKPO JAMES OKHAKUME (FOR THEMSELVES AND ON BEHALF OF IMIEKPE RULING HOUSE OF OKPEKPE) V. SIR DONALD SALUFU EGBAGBE (FOR HIMSELF AND ON BEHALF OF IMIEBE RULING HOUSE OF OKPEKPE) THE EXECUTIVE GOVERNOR, EDO STATE ATTORNEY-GENERAL OF EDO STATE PERMANENT SECRETARY DIRECTORATE OF LOCAL GOVERNMENT AND CHIEFTAINCY AFFAIRS ETSAKO EAST TRADITIONAL RULERS COUNCIL

LOKULO-SODIPE JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the rulingdelivered on 16 October 2003 by the High Court of Justice of Edo State of Nigeria, holden in the Auchi JudicialDivision (hereafter simply referred to as “the lower court”), presided over by Hon. Justice C. O. Idahosa (now Chief Judge) but hereafter simply referred to as “the learned trial judge”).

The instant action was commenced by a writ of summons dated 9 September 2002 and filed on 10 May 2002. The plaintiffs therein named as

(i) Chief (Alhaji) Dirisu Suleman Ugonoh; (ii) Julius Okhayime; (iii) Mathew Ashafokhe; and (iv) Congo Emalume, instituted the action for themselves and on behalf of Imiebe ruling house of Okpekpe against the following defendants, (i) The Executive Governor of Edo State; (ii) Attorney-General of Edo State; (iii) Permanent Secretary, Directorate of Local Government and Chieftaincy Affairs; (iv) Mr. Peter Abalume Osigbemhe; (v) Chief Peter John Imogiemhe; (vi)Mr.…