Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108855 (CA)    

Court of Appeal  ·  CA/AK/20/2011 ·  26 Mar 2021 ·  Nigeria
Rita Nosakhare Pemu JCA Hamma Akawu Barka JCA James Gambo Abundaga JCA

Ratio Decidendi

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the judgment of an Osun State High Court in respect of an application for judicial review by way of prohibition filed by one Gbadebo Agbe (1st Respondent) seeking to prohibit the Osun State Boundary Commission (1st Respondent) from adjudicating over a boundary dispute between Obokun Local Government Area, 1st Appellant herein, and Boluwaduro Local Government Area, the 2nd Respondent herein referred to it by the Bureau of policy coordination in the office of the Governor, Osun State.

​It is evident even from the records, that the 1st Appellant and the 1st Respondent share common boundary. Not unnaturally, disagreements as to what was the correct boundaries between the two Local Governments was bound to occur, and having been witnessed by the 2nd Appellant, being the Alase of Ase (a traditional ruler), addressed a petition to the Governor of the State (Osun State) on the matter requesting governmen…

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