CORAM

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I. L. KUTIGI JUSTICE, SUPREME COURT

A. I. KATSINA-ALU JUSTICE, SUPREME COURT

N. TOBI JUSTICE, SUPREME COURT

I. C. PATS-ACHOLONU JUSTICE, SUPREME COURT

A. M. MUKHTAR JUSTICE, SUPREME COURT

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PARTIES

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ALHAJI ARANSI BELLO OKOMALU

APPELLANTS 

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CHIEF AMINU AKINBODE

GOVERNOR OF OYO STATE

ATTORNEY – GENERAL OF OYO STATE

RESPONDENTS 

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AREA(S) OF LAW

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CUSTOMARY LAW- CHIEFTAINCY MATTERS.

 

 

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SUMMARY OF FACTS

This dispute is on a minor chieftaincy – Baale of Osegere which has the Olubadan of Ibadan as the prescribed authority.

 

 

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HELD

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The Court held that after the Court of Appeal held that the trial court failed to make specific findings of fact on the material issue before him on who is entitled to the Baale stool, it was wrong for it to affirm the judgment of the trial Court.

 

 

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ISSUES

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Whether there was any legal basis for ordering that the case “should go back to the Division in the Military Governor’s office charged with the responsibility of chieftaincy matter so that it can make a final decision because of the special knowledge given to it by the Security Report.”

 

Whether this court should order a retrial of the case.

 

 

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RATIONES DECIDENDI

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JURISDICTION OF THE HIGH COURT TO GRANT DECLARATORY RELIEFS IN CHIEFTANCY MATTERS

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“It is elementary law that High Courts have jurisdiction to grant declaratory reliefs in chieftaincy matters and they exercise that jurisdiction without equivocation.” Per Niki Tobi, JSC

 

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FAILURE OF THE TRIAL COURT TO MAKE FINDINGS OF FACT-SUBSEQUENT ORDER TO BE MADE

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“The moment the court held and correctly for that matter that the learned trial judge failed to make any finding of fact on whether the chieftaincy title in dispute was to be filled only by members of the Okomalu family or it was open to any male member of the community and that findings on the issue cannot be made without depending on the credibility of the witnesses, there was only one order left for the court and it is an order of retrial.” Per Niki Tobi, JSC

 

 

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CASES CITED

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1. Ejabulor V. Osha (1990) 5 NWLR (Pt. 148);

2. Fawehimni V. IGP (2000) 7 NWLR (Pt. 665) 481 at 528

3. Ogunleye V. Oni (1990)2 NWLR (Pt.135) 745;

4. Umesie V. Onuaguluchi (1995) 9 NWLR (Pt. 421) 515

 

 

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STATUTES REFERRED TO

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