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MUSTAPHA
V.
GOVERNOR OF LAGOS STATE & ORS.

(1987) JELR 42731 (SC)

Supreme Court 15 May 1987 Nigeria
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- The case involves a contest for the Chieftaincy Stool of the Oloja of Igbogbo in Lagos State. - The plaintiff challenged the appointment of the 3rd respondent as the new Oloja, arguing that it was invalid and contrary to the Chiefs Law an

Case Details

Suit Number:SC.246/1983
Judges:ANDREWS OTUTU OBASEKI JSC AUGUSTINE NNAMANI JSC MUHAMMADU LAWAL UWAIS JSC ADOLPHUS GODWIN KARIBI-WHYTE JSC SAIDU KAWU JSC CHUKWUDIFU AKUNNE OPUTA JSC SALIHU MODIBBO ALFA BELGORE JSC
Counsel:Dr. Olu Onagoruwa, with him J. Onagoruwa, Miss J. Olufon For the Appellant; J. O. Odunneye, Esq., Solicitor General of Lagos State; M.O. Bishogun, Director of Legal Services, A Kayode Alli, State Counsel; Chief Gani Fawehinmi; A. A. Akinyemi, O.A. R. Ogunde, A. Morohundiya. O. A. A. Are (Miss) N. P. Arah (Miss) For the Respondents
Other Citations:Mustapha v. Gov. Lagos State (1987) NWLR (Pt. 58) Pg 539 (1987) 5 S.C 114


NNAMANI, J.S.C. (Delivering the Leading Judgment): This suit arose out of the contest for the Chieftaincy Stool of the Oloja of Igbogbo in the Ikorodu area of Lagos State. On the 29th November, 1977, the last holder of the Oloja of Igbogho Stool, Oba J.O.O. Odugbose died. The Stool thus became vacant. The present Appellant and the 3rd Respondent were the main contestants for the vacant Stool. By Legal Notice No.6 of 1979 dated 24th July, 1979, tendered in these proceedings as Exhibit D3/A, the Military Government of Lagos State approved the appointment of Johnson Olatunji Fatola, the 3rd Respondent as the new Oloja of Igbogbo. An instrument of appointment made under the hand and seal of the Military Administrator of Lagos State dated 29th August, 1979, and published in the Lagos State Official Gazette No. 35 Vol. 12 of 30/8/79 was given to the said 3rd Respondent. This instrument was tendered in these proceedings as Exhibit D/30.

Following these developments, the Plaintiff, contending…

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