CHINWE E. IYIZOBA J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Fadoju J. sitting at Owo judicial division of Ondo State High Court, delivered on the 23rd day of March, 2005 in Suit No. How/23/2004 upholding the preliminary objection raised against the appellant's suit by the respondents and thereby striking out the suit for lack of jurisdiction.
This case is a dispute over the Ojomo Oluda Chieftaincy Stool of Ijebu-Owo. On the death of the occupant of the stool in May 2003, the appellant was elected from among other contenders to succeed him. After the usual processes were concluded, his name was ratified by the Kingmakers on 13/11/03 and forwarded to the Secretary Owo Local Government. As a result of complaints from certain quarters, the Ondo State Government in June 2004 wrote a letter to the Secretary Owo Local Government instructing him to start the process of selection de novo. In the new exercise the 2nd respondent emerged as the Ojomo Oluda …