A. N. ANIAGOLU, JSC (DELIVERING THE LEADING JUDGMENT): On 24th June, 1985, this appeal was allowed, the judgment of the Court of Appeal set aside, and the judgment of the High Court of Oyo State holden at Oshogbo (Oloko, J.) restored with N300.00 costs to the appellants. The dispute is about Chieftaincy and it concerns the vacant stool of the OLOBAGUN of OBAGUN in Ifelodun Central Local Government of Oyo State.
The background facts resulting in these proceedings, in respect of which there is no dispute, are that there is an area called OBAGUN under the Ifelodun District Council of the Oyo State in Western Nigeria whose traditional Chief is titled and styled "the OLOBAGUN." The then Government of Western State of Nigeria, after due inquiries (see the REPORT and Exhibit B) had issued an official document called the "WESTERN STATE CHIEFTAINCY DECLARATIONS" (Exhibit A) containing declarations (among others) about the Ruling Houses of various areas in the Western State entitled to present …