(2004) JELR 45012 (SC)    

Supreme Court  ·  SC.118/1999 ·  7 May 2004 ·  Nigeria
Other Citations
(2004) 18 NSCQR 40
Osasona v. Ajayi (2004) 14 NWLR (Pt. 894) 527
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
grounds of appeal
court of appeal rules
elejelu of ijelu chieftaincy
chieftaincy declaration
leading judgment
supreme court
local government
lower court
particulars of the alleged error
present case
suo motu
trial court
1st respondent
3rd defendants
appeal grounds
issue of facts
native law
necessary particulars
oluwole chieftaincy review commission
open court
white paper
4th june
above noted grounds of appeal
affected grounds of appeal
chiefs law of western nigerian
complete violation of the requirements of order
custom of ijelu people
erstwhile ondo state
exceptional circumstances
ikole ekiti
john adekunle
judgment stage suo motu
ondo state
ondo state rules of the high court
particulars of falsification
question of jurisdiction of the high court
recommendation of the said commission
report of oluwole chieftaincy review commission
rules of this court
said approved chieftaincy declaration
said commission
set aside
side notice of the case
subject-matter of this case
trial judge
trial raise

UWAIFO, J.S.C. (Delivering the Leading Judgment): This suit was commenced by a writ of summons filed on 7th August, 1987 in Ikole Ekiti, then within the erstwhile Ondo State. The writ, which had contained three reliefs, was amended and filed on 4th June, 1992. In paragraph 56 of the final amended statement of claim, the plaintiffs sought six reliefs as follows:

"1. A declaration that the recommendation contained at page 49 of the report of Oluwole Chieftaincy Review Commission concerning the Chieftaincy Declaration for the Elejelu of Ijelu Chieftaincy and the Government views on the report at page 12 of the white paper approving the recommendation is a negation and falsification of the true age-long native law, tradition and custom of Ijelu people regulating nomination, appointment and approval of a candidate to the Elejelu of Ijelu Chieftaincy and therefore unconstitutional, null and void and of no legal effect.

Particulars of Falsification and Other Irregularities:

(a) Exhibit '1' t…

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