(2003) JELR 44796 (SC)    

Supreme Court  ·  SC.29/1995 ·  23 May 2003 ·  Nigeria
Other Citations
Ogolo v. Fubura (2003) 11 NWLR (Pt.831)231 (2003) 5 S.C 141 (2003) 5 S.C 141
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
4th defendant
learned trial judge
1st set of plaintiffs
statement of claim
trial court
trial judge
dappaye-amakiri sections
3rd defendant
amanyanabo of opobo town
following issues
jaja executive authority
case of the plaintiffs
finding of the trial court
issue no.1
set of plaintiffs
2nd defendant
4th appellant
amanyanabo-elect of opobo
findings of the learned trial judge
opobo customary law
such matters
2nd respondents
chief paul d. fubara
clear historical evidence
complicated appeal
contrary finding of the court of appeal
council of chiefs meeting
cross-appeal having regard
dandeson douglas jaja
decisive issues
final funeral ceremony of the late amanyanabo
finding of the learned trial judge
joinder of 2nd set of respondents
leading judgment
paramountcy of the issue of lack
paramount rulership of opobo town
particulars of claim
photograph of the 4th defendant
proper evaluation of the evidence
respective parties
respect of admission
right conclusion
son of ezekiel ogan

N. TOBI, J.S.C. (Delivering the Leading Judgment): This is a fairly complicated appeal. It has to do with the paramount rulership of Opobo town known as the Amanyanabo of Opobo town.

P.W.1, Chief Paul D. Fubara, said that on 9th December, 1980 a Council of Chiefs meeting was held. The 3rd defendant, in that meeting, brought four bottles of gin and informed the Council that the 4th defendant had been selected as the Amanyanabo-elect of Opobo. The Council unanimously warned the 3rd defendant to see Kiepirima and Dappaye-Amakiri sections on such matters first. P.W.1 was also told that the Council was not prepared to discuss such matters until the final funeral ceremony of the late Amanyanabo, the ceremony of which burial was to end on 30th December, 1980. P.W.1 said that on 11th December, 1980, the 3rd defendant came to him and said that he had come to approach him and to inform him that an Amanyanabo-elect had been named. He made the approach because the 3rd defendant knew that P.W.1 to…

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