OGWUEGBU, J.S.C (Delivering the Leading Judgment): The 1st respondent in this appeal as plaintiff, instituted a civil action in the Akure Judicial Division of the High Court of Ondo State against the appellant as 3rd defendant. The Governor of Ondo State and the Hon. Justice R.O. Fawehinmi (Sole Commissioner to Oloja Adin Chieftaincy Commission) were 1st and 2nd defendants respectively. He filed the action in a representative capacity as the Oloja-Adin of Ilawe-Ekiti.
He claimed the following reliefs:
"1. A declaration that Chief Julius Aladetuyi, the Oloja-Adin of Ilawe was validly appointed as the Oloja-Adin of Ilawe according to native law, custom and tradition of Ilawe with particular reference to Adin Quarters of Ilawe-Ekiti.
2. A declaration that the Judicial Commission of Inquiry set up by the 1st defendant mandating or empowering the 2nd defendant as Sole Commissioner to inquire into the Oloja-Adin Chieftaincy is "res judicata" and is therefore null and void and of no legal e…