(2004) JELR 45035 (SC)    

Supreme Court  ·  SC.230/2000 ·  27 Feb 2004 ·  Nigeria
Other Citations
Adejugbe v. Ologunja (2004) 6 NWLR (Pt. 868)46 (2004) 2 S.C. (Pt II) 44 (2004) 17 NSCQR 343
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria
Core Terms Beta
1st appellant
2nd appellant
material facts
grounds of appeal
ruling house
lower court
descendant of a slave
high court
leading judgment
way of election
aduloju family
ewi of ado-ekiti
candidature of the 2nd appellant
joseph akanbi ologunja
kernel of the decision of the lower court
learned trial judge
presentation of the respondent
advice of elerebi
appropriate case hold
careful reading
chiefs laws of ondo state
clear days
correct statement of the matter
importance of the concurrence of the family head
judgment of the lower court
main points
members of the aduloju
members of the nine-member committee
new issues suo motu
nominated candidates
preference of the candidate of the ruling house
presentation of the 2nd appellant
procedure of appointment
result of the unwielding nature of the general meeting
ruling house of the aduloju
second question
sole reason
straight forward issues
suo motu frame issues
support of his prayers
totality of the facts of the case
valid nomination

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 …

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