Cookie Policy
NNAEMEKA-AGU, JSC (Delivering the Leading Judgment): On the 11th day of April, 1988. this Court dismissed the appeal of the appellants with ₦500.00 costs and fixed today for giving reasons for the judgment. I now give my reasons.
The background facts leading to this appeal is undisputed. The respondent, Victor Adegoke Adewunmi, sued the appellants and fifteen others challenging the validity of the election of the then Ewi of Ado Ekiti. During the pendency of the case, the 1st appellant, the Governor of Ondo State, promulgated Edict No. 11 of 1984, which made provisions ousting the jurisdiction of courts in chieftaincy matters. The respondent went to court again to challenge the validity of the Edict by seeking a declaration that section 11(7) of the Edict was null and void and for other reliefs. The indorsements to the writ of summons, as amended, read as follows:
"The plaintiff's claim is against the defendant for
(a) A DECLARATION that Section 11 subsection 7 of Edict No. 11 of 1984…