Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1990) JELR 44619 (SC)    

Supreme Court  ·  SC.45/1989 ·  6 Apr 1990 ·  Nigeria
Other Citations
Eleso v. Goverment of Ogun State (1990) NWLR (Pt.133)420 (1990) 4 S.C 15
Eleso v. Govt. of Ogun State (1990) 2 NWLR (Pt. 133) 420
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
4th defendant
prescribed authority
customary law
chiefs law
court of appeal
3rd defendant
locus standi
1st defendant
mr. chukura
trial court
5th respondent
chief executive
appointment of the 4th defendant
evidence of the plaintiff
fair hearing
lead judgment
4th respondent
favour of the 4th defendant
governor of the state
hereditary title
learned judge
mr. molajo
proper order
3rd defendants
laws of ogun state of nigeria
learned justice of the court of appeal
method of appointment of the 4th defendant
2nd respondents
4th defendant section
account of the meetings of the chiefs
appellant mr. e.a. molajo
balogun chieftaincy
chief f.a. oyalowo
chukura of counsel
effect of the exercise
following findings of the learned trial judge
judicial powers
minor chieftaincies
oke idiroko section of ijaiye
power of other functionaries
power of the prescribed authority
powers of the 3rd defendant
relevant facts of this case
said powers
sections of the chiefs law
submission of counsel
subsections of the chiefs law

ESO, JSC (Delivering the Lead Judgment): The relevant facts of this case which is on appeal to this court are not in contest. The plaintiff, Chief F.A. Oyalowo and the 4th defendant, E.A. Eleso, both belong to the Oke Idiroko section of Ijaiye. There are three sections to wit: Abese, Adebakin and Oke Idiroko and by Ex. C, which is a resolution that the appointment to the Balogun chieftaincy should be in rotation, indicate the plaintiff and the 4th defendant section as the one to produce a candidate at the material time.

The Alake [3rd defendant] was the prescribed authority pursuant to section 22(1) of the Chiefs Law, Laws of Ogun State of Nigeria 1978, Cap.20.

The plaintiff in his pleadings and evidence had in court claimed that he had been nominated by the people of Oke-Idiroko and that he was presented to the community at large and was installed by the Iyalode who placed the Akoko leaves on his head and that he was later presented to the Alake who accepted and approved his appointm…

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