KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): On the 18th day of April, 1988, the Court of Appeal, Ibadan Division, dismissed the appeal of the defendants/appellants against the judgment of Sonoiki, J. of the High Court of Ogun State, sitting at Shagamu and delivered on the 28th November,1986. This appeal before us by Prince Odeneye, the 5th defendant, dated 22/4/88 is against the judgment of the Court of Appeal just referred to.
The issues for determination before this court are as formulated by learned counsel to the 5th defendant/appellant. They are entirely based on the determination of the question whether the procedure adopted in the election of Prince Odeneye as the Alakenne of lkenne, is in accordance with the enabling customary law declaration, and are as follows-
(i) Whether the plaintiff has locus standi to bring this action; and
(ii) Whether paragraph (v) of the declaration relating to the Alakenne of Ikenne chieftaincy (exhibit "A") is ultra vires section 4(2)(…