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THE EXECUTIVE GOVERNOR OF OSUN STATE & ORS v. IREWOLE LOCAL GOVERNMENT, IKIRE & ORS

(2015) JELR 47218 (CA)

Court of Appeal  •  CA/AK/157/2012  •  27 Feb 2015  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED A. DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice S.O. Falola of the Osun State High Court of Justice Osogbo delivered on 27th day of February, 2012.

This appeal is at the instance of the 1st to 3rd Respondents in the suit instituted by the 4th to the 7th Respondents as plaintiffs against the 1st to the 3rd Respondents and the Appellants as the 1st to 3rd Defendants at the Osogbo Judicial Division of the Osun State High court of Justice. The 4th to 7th Respondents as plaintiffs by an originating Summons sought the determination of the following questions:

1. Whether the Registered Shoko of Ikire Chieftaincy Declaration dated 23rd of June, 1958 and made as a subsidiary legislation to the Chiefs Law, (Cap. 19) Laws of Western Nigeria 1957 is still valid and operational having regards to the fact that the said parent legislation is no longer operational having been repealed and replaced first by the Chiefs Law C…

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