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ATOYEBI & ANOR
V.
THE GOVERNOR OF OYO STATE & ORS

(1994) JELR 43413 (SC)

Supreme Court 13 May 1994 Nigeria
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- Plaintiffs, representing the two Onigboho chieftaincy ruling houses, sought declarations and injunctions invalidating the Oyo State Government’s recognition of the Alepata as the senior traditional ruler of Igboho and asserting the Onigbo

Case Details

Suit Number:SC.294/1991
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:Chief R.O. Oriade For Appellant H.F. Sule, Principal Legal Officer, Ministry of Justice, Oyo StateUche Akalugo, Esq. For Respondent
Other Citations:Atoyebi v. Gov., Oyo State (1994) 5 NWLR (Pt.344)290 (1994) 5 SCNJ 62

BELGORE, J.S.C. (Delivering the Leading Judgment): The appellants were the plaintiffs at trial High Court and also the appellants at the Court of Appeal. They concluded their statement of claim as follows:-

"WHEREOF the plaintiffs claim as follows:-

1. Declaration that the first defendant's letter purporting to designate the Alepata as the Senior Traditional Ruler in Igboho is against the ancient traditions, history, customs and usages of Igboho and is therefore unjust, unconstitutional, null and void and of no effect.

2. Declaration that the Onigboho is the only traditional ruler in Igboho.

3. Declaration that the Alepata is only a quarter chief in Oba Ago quarters in Igboho and not a traditional ruler.

4. Order restraining the first defendant, his servants, agents privies or those lawfully taking orders from him from further giving formal or any recognition to the Alepata as the senior traditional ruler in Igboho and/or in the alternative.

5. Order restraining the Alepata from pa…

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