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OBA R.A.A. OYEDIRAN OF IGBONLA V. HIS HIGHNESS OBA ALEBIOSU II & ORS.

(1992) JELR 43179 (SC)

Supreme Court  •  SC.93/1989  •  17 Jul 1992  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; OLAJIDE OLATAWURA JSC; UCHE OMO JSC; IDRIS LEGBO KUTIGI JSC;

Appearances
Chief P.A.O. Olorunnisola (with him, Abimbola Shodeinde (Miss) For Appellant Nima Salman-Mann, Solicitor-General, Ministry of Justice, Kwara State (with her, Seni Olunloye, State Counsel 1, Ministry of Justice, Kwara State)J.O. Ijaodola For Respondent

Judgement

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): The appellant who was the plaintiff at the High Court, Ilorin, sought for the following declarations in paragraph 16 of his amended Statement of Claim-

"(a) That the approval of the Ministry of Local Government Kwara State communicated in letter dated 17/6/82 Ref. MLG/S/L/240/S.1/Vol.1/116 to the Secretary Irepodun Local Government that Eleju of Ejuland should come from Sanmora only is not in accordance with the law and custom of Ejuland and is therefore null and void .

(b) That the Irepodun/Ifelodun/Ifedapo/Ekiti traditional council's decision that the Eleju of Ejuland should come from Sanmora only is not in accordance with Native Law and Custom of Ejuland.

(c) That the Irepodun Local Government (and or Irewolede) should not carry out the Orders contained in the letter Ref. No. MLG/S/L/240/S.1/Vol.1/116 dated 17/6/82.

(d) That the Eleju of Ejuland is a Chieftaincy title which derives from and belongs to Igbonla.

(e) That the…

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