(2001) JELR 44241 (SC)    

Supreme Court  ·  SC.5/1997 ·  18 May 2001 ·  Nigeria
Other Citations
Ajayi v. Jolayemi (2001) 10 NWLR (Pt.722)516 (2001) 5 S.C (Pt.II) 31
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria
Core Terms Beta
1st defendant
statement of claim
irepodun traditional council
3rd defendants
military governor
traditional council
civil procedure
local government
lower court
kwara state
learned trial judge
3rd appellants
court of appeal
necessary action
permanent injunction
kwara state high court
learned counsel
2nd defendant
expansion of emirate traditional council
high court
inclusion of representatives
kwara state military governor
military governor of the state
new appointments
nullification of the purported appointment of the 1st defendant
oral arguments
power of the 2nd defendant
provision of edict no.8
direct reference
following passage
joinder of the governor of kwara state
learned justices of the court of appeal
learned leading counsel
leave of the trial court
membership of the ifelodun
prerogative of the governor of the state
provision of chiefs
respective briefs of arguments
said provisions
sole authority
view of the preliminary objection

OGUNDARE, J.S.C. (Delivering the Leading Judgment): These appeals came up for hearing on 19/2/2001 and after hearing oral arguments from learned counsel for the parties, I dismissed both appeals and indicated then that I would give my reasons for so deciding today. I now give my reasons.

There was need to increase the membership of the Ifelodun/Irepodun Traditional Council in Kwara State by the inclusion of representatives of three Districts not hitherto represented on the Council, that is Agunjin in Ifelodun L.G.A., Oko/Olla and Idofin-Igbara, both in Irepodun L.G.A. It was the prerogative of the Governor of the State to appoint new members to the Council. By a letter dated 16th August 1985, the Council requested for an expansion of its membership by inclusion of representatives of the three Districts hitherto not represented on the Council. The letter (Exhibit 1) written by the Secretary to the Council further recommended:

"From the above, I am directed to forward to you through the…

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