Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OTITOJU
V.
GOVERNOR OF ONDO STATE & ORS

(1994) JELR 45359 (SC)    

Supreme Court  ·  SC.269/1990 ·  29 Apr 1994 ·  Nigeria
 · 
Other Citations
Otitoju v. Gov., Ondo State (1994) 4 NWLR (Pt.340)518 (1994) All NLR 462 (1994) 4 SCNJ 224
Otitoju v. Gov Ondo State (1994) 4 NWLR (Pt. 340) 518
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court of appeal
chiefs law
olomuo-oke
ondo state
issues
learned trial judge
distinct town
lower courts
trial court
white paper
exhibit b
lead judgment
paramount ruler of omuo-oke ekiti
comments of the ondo state government
evidence of records
exhibit
supreme court
western state government
exhibit a
olomuo-oke of omuo-oke chieftaincy
1st defendant
above issues
claim of olomuo-oke
claim of the olomuo-oke of omuo-oke
customary law of omuo-oke community
decision of the high court
detriment of the plaintiff
evidence series of documentary exhibits
exhibit a.
exhibit e
findings of the learned trial judge
gazette notice
government views
head chief of omuo-oke
judicial commission of inquiry
leading judgment
military governor of ondo state
oba of omuo-oke
ondo state high court
paramount chief
provisions of part
recognised oba of omuo
recognition of the appellant
recognized chieftaincy
recommendations of the commission
said findings
view of my conclusion
western state legal notice

KUTIGI, JSC (Delivering the Leading Judgment): Following the claim of the Olomuo-Oke of Omuo-Oke as the paramount Chief or Oba of Omuo-Oke, Ekiti. The Military Governor of Ondo State instituted a Judicial Commission of Inquiry headed by the Honourable Justice Ojuolape to investigate the claim. The Commission took evidence and later submitted its report to the 1st defendant herein who then issued a white paper dated August 1982. The white paper was admitted as Exhibit at the trial.

On Page 13 of Exhibit E the recommendations of the commission and the comments of the Ondo State Government were stated in part thus:

"15.0 Government views and comments on the Commission's Recommendation:

15.1 Recommendation (i) that the claim of Olomuo-Oke as an Oba is false and should not be entertained either politically or administratively.

Comment:

Government accepts this recommendation.

15.2 Recommendation (ii) the Olomuo-Oke should be recognized as the head chief of Omuo-Oke under the paramountcy of…

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