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BUSARI AKANDE (IN RE) VS THE STATE

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BUSARI AKANDE (IN RE) VS THE STATE

Legalpedia Citation: (1988-07) Legalpedia 99125 (SC)

In the Supreme Court of Nigeria

HOLDEN AT LAGOS

Fri Jul 8, 1988

Suit Number: SC. 21/1986

CORAM


TABAL


PARTIES


GOVERNOR OF OYO STATE & ORS

APPELLANTS 


EX PARTE YISAU ELETA

RESPONDENTS 


AREA(S) OF LAW


CHIEFTAINCY DECLARATION – WRIT OF CERTIORARY – NATURAL JUSTICE

 


SUMMARY OF FACTS

the claim of the Applicant was that the amendment to the 1959 Chieftaincy Declaration made by the 1st Respondent – the Governor of Oyo State – was made in bad faith, an abuse of power and illegal.

 


HELD


That the 1st Respondent had not been fair in the steps taken to amend the 1959 Declaration.

 


ISSUES


Whether the Court of Appeal was right in its interpretation of section 10 of the Chiefs Law Cap.21 of the Laws of Oyo State.

 


RATIONES DECIDENDI


MEANING OF ‘AUDI ALTERAM PARTEM’.


Audi Alteram Partem means please hear the other side, not that the other side had been heard once and need not again be heard. Per Kayode Eso J.S.C

 


CASES CITED


David Dada v. Chairman, Ifelodun Local Government Chieftaincy Committee & 5 Others F.C.A./I/l15/82|R. v. Governor-in- council, Ex parte Adebo (1962) 2 All N.L.R. 195.

 


STATUTES REFERRED TO


Chiefs Law Cap. 19 of Western Region.|Administration of Justice State Proceedings Law 1960.|

 


CLICK HERE TO READ FULL JUDGMENT 

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