IBIYEMI
V.
OKUNADE & ORS.

(2022) JELR 109120 (CA)    
Court of Appeal  ·  CA/AK/134/2014 ·  21 Jan 2022 ·  Nigeria
CORAM
Rita Nosakhare Pemu, JCA James Gambo Abundaga, JCA Yusuf Alhaji Bashir, JCA

YUSUF ALHAJI BASHIR, J.C.A. (Delivering the Leading Judgment): This Appeal emanates from the decision of the Osun State High Court of Justice sitting at Ikirun, presided over by Justice S. O. Fadola, in an action by the Appellant Suit No: HIK/13/2010 challenging the appointment of the 2nd Respondent as the Chief Imam of Obaagun Central Mosque seeking for the following reliefs as stated in paragraph 34 of the statement of claim dated the 11th day of August, 2010:

(i) Declaration that the post of Chief Imam of Obaagun Central Mosque is not part of the traditional chieftaincy title or honourary chieftaincy title of Obaagun.

(ii) Declaration that it is Imam Ratibis, that are entitled to select, appoint and determine who among their Islamic scholars that will be leading the Muslim Jama’a congregation at the Central Mosque, Obaagun and not by imposition of the 1st defendant.

(ii) Declaration that the purported selection and or appointment of the 2nd defendant who is not a member of Obaagun Cen…

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