(2003) JELR 44868 (SC)    

Supreme Court  ·  SC.190/1997 ·  25 Apr 2003 ·  Nigeria
Other Citations
Fasade v. Babalola [2003] 11 NWLR (Pt.830)26 (2003) 4 S.C (Pt.I) 157 (2003) 4 S.C (Pt.I) 157
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
court of appeal
exhibit b
chieftaincy declaration
customary law
1st appellant
trial court
high court
chieftaincy declaration of aringbajo of igbajo
selection of the 1st defendant
head-omoba of the ruling house
issue of waiver
lower court
oyo state
peculiar facts
second question
senior advocate
2nd august
a.-g. oyo state
appellate court
basis of its judgment
benefit of a particular person
branch of a ruling house
chiefs law
consideration of the evidence
course of the judgment
decision of the kingmakers
due respect
first declaration
last owa of igbajo
leading judgment
leading judgment of mukhtar
learned justice of court of appeal
number of issues
osun state
owa-iloro ruling house
owa of igbajo chieftaincy
present appeal
provision of the registered chieftaincy declaration of aringbajo
relevant provisions of exhibit b
resolution of the said issues
said issue no.3
said party
s. m. a. belgore
s. o. uwaifo
s. u. onu
support of waiver
voluntary abandonment of a right

S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): This case concerns the Owa of Igbajo Chieftaincy. Igbajo is located in Ifelodun District Council Area. It was formerly in Oyo State but now in Osun State following the creation of the latter as a new State from the former. The last Owa of Igbajo, Oba Famodun II, died in 1988. The vacancy thus created was due to be filled by Owa-Iloro Ruling House producing a candidate. Prince Olufemi Fasade (1st appellant) emerged as the candidate by the decision of the kingmakers. His name was submitted to the Secretary, Ifelodun Local Government Council. The Secretary forwarded the same to the Oyo State Government for approval. This was accordingly given.

This suit was thereafter brought by four plaintiffs. The 1st and 3rd of them have since died. The 2nd was on 2 May, 1990 withdrawn from the case at the trial court on the application of plaintiffs' counsel. His name was consequently struck out. The only plaintiff/respondent is now Prince Iyio…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login