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THE ATTORNEY-GENERAL EKITI STATE v. H.R.H. OBA M. BAMITEKO & ANOR.

(2007) JELR 47490 (CA)

Court of Appeal  •  CA/IL/M.6/2007  •  9 May 2007  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; HELEN MORONKEJI OGUNWUMIJU JCA; IGNATIUS IGWE AGUBE JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A.: (Delivering the Leading Judgment): In the High Court of Ekiti State holden at Ido-Ekiti the plaintiffs/Respondents claimed as per their Amended Statement of claim dated the 4th November, 2005 for the following:-

1. A declaration that the Onigogo of Igogo is not the sole person who should appoint the Edemo of Igogo-Ekiti.

2. A declaration that by the Igogo-Ekiti native Law and Custom, it is the Idemo Community that selects the Edemo and presents him to the Onigogo to be appointed to the Edemo Chieftaincy stool.

3. A Declaration that the appointment of Kolawole Adewunmi to the vacant stool of the Edemo of Igogo Chieftaincy stool is unconstitutional, against Igogo native Law and custom, wrongful and: therefore null and void.

4. An order of the Court revoking the appointment of Kolawole Adewunmi, the second Defendant to the Edemo Chieftaincy stool of Igogo-Ekiti and that Kolawole Fakunle be appointed and installed the Edemo forthwith.

The 3rd Defendant/Appell…

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