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THE GOVERNOR OF OYO STATE & ORS.
V.
FOLAYAN

(1995) JELR 43475 (SC)

Supreme Court 1 Sep 1995 Nigeria
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Case Details

Suit Number:SC.256/1989
Judges:MUHAMMADU LAWAL UWAIS JSC ABUBAKAR BASHIR WALI JSC MICHAEL EKUNDAYO OGUNDARE JSC UTHMAN MOHAMMED JSC SYLVESTER UMARU ONU JSC
Counsel:Akin Olujimi (holding brief for Chief Folake Solanke, SAN) For Appellant; R. A. Ogunwole (holding brief for Chief Afe Babalola SAN) For the Respondent
Other Citations:Gov., Oyo State v. Folayan (1995) 8 NWLR (Pt. 413) 292

WALI, J.S.C. (Delivering the Leading Judgment): By an amended Writ of Summons, filed in the High Court of Justice of Oyo State holden at Ibadan, the present respondent as plaintiff, claimed against the present appellants as defendants as follows:-

"(1) Declaration that the appointment and proceedings of the Aboderin Commission of Enquiry are unconstitutional, irregular contrary to Natural Justice null and void and that all actions based on the findings are void and of no effect on the grounds that:
(a) The claim of precedence and the right to wear a beaded crown are not disputes within the context of the chiefs' law.
(b) The Commission of Enquiry was neither regularly appointed nor was the instrument of the purported appointment published as by law.
(c) There was no administering law under which the said Commission of Enquiry could have been appointed.
(d) The Commission did not and has not announced its decisions in public up till now; and
(e) The Commission did not act Judicially …

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