PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment):
The main points in contention in the case are who of the 2nd appellant and the respondent should occupy the relatively minor chieftaincy stool of Edemo of Ado-Ekiti. Following the procedure of appointment by way of election conducted by the 1st appellant as against the advice of Elerebi the eldest of their people the 2nd appellant won the contest and was duly recognised as Edemo, the two contestants having come from the same Aduloju ruling house.
The respondent then applied to the High Court and sought for an order of certiorari and prohibition against the appellants. He equally claimed other reliefs and injunction restraining the 1st appellant from appointing the 2nd appellant. The gravamen of his complaint was that the procedure used in the presentation of the 2nd appellant as Edemo was not in accord with their tradition. In the affidavit in support of his prayers in the High Court, he indicted the 1st appellant for refusing …