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THE MILITARY GOVERNOR, ONDO STATE & ANOR.
V.
ADEWUNMI

(1988) JELR 47913 (SC)

Supreme Court 24 Jun 1988 Nigeria
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- The case involves the validity of an Edict passed by the Governor of Ondo State that sought to oust the jurisdiction of the courts in chieftaincy matters. - The court held that the Edict was inconsistent with Decree No.1 of 1984 and secti

Case Details

Suit Number:SC.130/1986
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Counsel:Olu Fagbe Esq-Deputy solicitor General Ondo State For Appellant E. Abiodun Esq For Respondent
Other Citations:Military Gov., Ondo v. Adewumi (1988) 3 NWLR (Pt.82) 280 (1988) All N.L.R 274

NNAEMEKA-AGU, JSC (Delivering the Leading Judgment): On the 11th day of April, 1988. this Court dismissed the appeal of the appellants with ₦500.00 costs and fixed today for giving reasons for the judgment. I now give my reasons.

The background facts leading to this appeal is undisputed. The respondent, Victor Adegoke Adewunmi, sued the appellants and fifteen others challenging the validity of the election of the then Ewi of Ado Ekiti. During the pendency of the case, the 1st appellant, the Governor of Ondo State, promulgated Edict No. 11 of 1984, which made provisions ousting the jurisdiction of courts in chieftaincy matters. The respondent went to court again to challenge the validity of the Edict by seeking a declaration that section 11(7) of the Edict was null and void and for other reliefs. The indorsements to the writ of summons, as amended, read as follows:

"The plaintiff's claim is against the defendant for

(a) A DECLARATION that Section 11 subsection 7 of Edict No. 11 of 1984…

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