CORAM

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S.M.A. BELGORE, JUSTICE SUPREME COURT

M.E. OGUNDARE, JUSTICE SUPREME COURT

U. MOHAMMED, JUSTICE SUPREME COURT

A.I. KATSINA-ALU, JUSTICE SUPREME COURT

O.A. EJIWUNMI, JUSTICE SUPREME COURT

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PARTIES

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1. O.A. EJIWUNMI

2. RAFIU YESUFU AGUNBIADE

3. MUSHAFIU SAKA OLUWA

4. GANIYU GIWA

5. LASISI ODUNTAN [for themselves and on behalf of the ELETU-IWASE CHIEFTAINCY FAMILY]

APPELLANTS 

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1. ABUDU W. AKIBU

2. SALISU AGORO

3. BADMOS AGORO [for themselves and on behalf of the DOSUNMU FAMILY]

4. LAGOS ISLAND LOCAL GOVERNMENT COUNCIL

5. THE ATTORNEY-GENERAL LAGOS STATE

 

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL- CHIEFTANCY LAW

 

 

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SUMMARY OF FACTS

The plaintiffs sued the defendants over the appointment of the 3rd defendant as the Eletu-Iwase of Lagos. The plaintiff contended that the decision of the chieftancy committee and the subsequent appointment and registration of same appointment of 3rd defendant is null and void

 

 

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HELD

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The court held that the 3rd defendant’s appointment is invalid, null and void having been found that he did not belong to the ruling family

 

 

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ISSUES

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1. the Court of Appeal was right in failing to declare that the High Court had no jurisdiction to nullify the number of 5 ruling houses recommended by the tribunal

2. Whether the declaration, its registration and appointment of the 3rd defendant were validly made and the approval of the Declaration and the approval of the appointment of 3rd defendant were competently give.

3. Whether the judgments in Exhibits P7, P8 and P9 can bind the 1st – 3rd defendants/appellants thereby nullifying their appointments

 

 

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RATIONES DECIDENDI

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CONCURRENT FINDINGS OF FACTS OF LOWER COURTS WILL NOT BE SET ASIDE EXCEPT WHERE IT IS PERVERSE

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“This issue relates to findings of fact made by the learned trial Judge and affirmed by the Court below. The attitude of this Court to concurrent finds of fact of the two Courts below has always been that this Court will not disturb such findings unless they are shown to be perverse or there is a substantial error apparent on the record of proceedings or there is some miscarriage of justice”… OGUNDARE JSC

 

 

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THE LAW IN EXISTENCE WHEN A CAUSE OF ACTION AROSE IS THE APPLICABLE LAW

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“For the law applicable to an action is the law existing at the time the cause of action arose and not the law existing when the jurisdiction of the court is invoked”….OGUNDARE JSC

 

 

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ANYTHING BASED ON A VOID ACT IS BAD AND INCURABLY BAD

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“Where a non-member of a chieftaincy family was appointed such appointment is void ab initio and the approval of the Executive Council would not, and could not confer validity on such appointment; the approval itself is equally void”… OGUNDARE JSC

 

 

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CASES CITED

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1. Mustapha v. Governor of Lagos State and Ors. (1987) (Pt. 1) NSCC 632,

2. Sobakin v. The State (1981) 5 SC. 75,

3. Njoku v. Eme (1973) 5 SC. 293,

4. Enang v. Adu (1981) 11-12 Sc. 25

 

 

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STATUTES REFERRED TO

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1. 1963 Constitution and Constitution (Basic Provisions) Decree No. 32 of 1975,

2. 1979 Constitution,

3. Oba and Chiefs of Lagos Edict No. 2 of 1975

 

 

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