NWATURUOCHA VS THE STATE
July 15, 2025PATRICK CHIEKE VS IYABO OLUYEMISI OLUSOGA & ANOR
July 15, 2025Legalpedia Citation: (1990) Legalpedia (SC) 16110
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jun 28, 1990
Suit Number: SC 93/1990
CORAM
A.B. WALI
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
U. MOHAMMED
PARTIES
ADEDEJI JOKANOLA (Otun Bale of Lanlate BALE OF LANLATE) APPELLANTS
THE MILITARY GOVERNOR OF OYO STATE THE SECRETARY, IBARAPA LOCAL GOVERNMENT OBAN BOLANLE OLANIYAN ELERUWA OF ERUWA CHIEF OYEDELE OLADIPO ONITABO OF ITABO CHIEF IKOLABA ADEWOLE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
A declaration of chieftaincy title for the vacant stool of Bale of Lanlate.
HELD
This appeal has no merit at all. It is dismissed. The judgment of the Court of Appeal is hereby affirmed. I award N1000 costs in favour of each set of the respondents
ISSUES
First, whether it is the custom of the chieftaincy of Bale of Lanlate that on the demise of a Bale the Otun Bale or Sobaloju will automatically succeed to the throne left vacant by the deceased. Secondly, whether the 1957 Registered Declaration which was approved by Ademola Commission is exhaustive of the customary law relating to the nomination, selection, appointment and installation of the Bale of Lanlate
RATIONES DECIDENDI
BURDEN OF PROOF IN CHIETAINCY MATTERS
‘It is relevant to emphasize here that the onus is on the unsuccessful candidate for a chieftaincy to prove that the custom relating to the appointment of a chief has not been complied with’:
CASES CITED
See The Queen: Ex parte Kasaju Adenaiya V The Governor-in-Council, Western Region (1962) 1 SCNLR 442; (1962) 1 All N.L.R. 299
STATUTES REFERRED TO
None.|
