A. G. KARIBI-WHYTE, J.S.C (Delivering the Leading Judgment): This appeal is essentially about the interpretation of the provisions of section 22(5) of the Chieftaincy Law Cap. 21 Vol. 1 of the Laws of Oyo State, 1978. The need for the interpretation was provoked by the criticisms of the procedure allegedly adopted in the filling of the vacant position of the Mogaji of the Oluokun family of Ibadan.
THE FACTS.
On the 21st August, 1986, Gbadamosi Adeleke, the Asiwaju Balogun and the last Mogaji of Oluokun family Ibadan died. A vacancy accordingly for a successor was created. Plaintiff, Mr. Oladiti Adesola from the Aderin branch of the Oluokun family was interested and was nominated to the Olubadan of Ibadan, the 2nd Defendant in this action by his branch of the Oluokun family to fill the vacant position. He claimed it was the turn of his branch of the Family to fill the vacant position. Alhaji Raimi Abidoye Olatunji of the Adetunji branch of the Oluokun Family also interested was nomina…