RABIATU ADEBAYO & ORS V. RASHEED SHOGO
June 10, 2025ACCORD VENTURES LIMITED & ORS. V. NIGERIA DEPOSIT INSURANCE CORPORATION
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 51731
In the Supreme Court of Nigeria
Fri Feb 4, 2005
Suit Number: SC.273/2000
CORAM
IGNATIUS CHUKWUDI PATS-ACHOLONU, JUSTICE, SUPREME COURT
PARTIES
1.CHIEF ISRAEL ARIBISALA2. CHIEF GABRIEL OLUWATOBA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant’s case was that only a member of the Appellant’s INISEMO family could be appointed the OISEMO of Ikoyi-Ekiti which the 1st Respondent has been holding and the 2nd and 3rd has been recognising him as such. The trial court dismissed the action for want of jurisdiction. An appeal to the Appeal Court was also dismissed, hence this appeal.
HELD
DISMISSING THE APPEAL
ISSUES
NONE
RATIONES DECIDENDI
WHEN CAN SUITS BE FILED WITH RESPECT TO CHIEFTAINCY DISPUTES
In a chieftaincy dispute as this, an aggrieved person who brings a suit must show that he brought his suit only after he had exhausted the remedies provided or followed the procedure prescribed under the law. Per Oguntade JSC
MEANING OF “CHIEFTAINCY QUESTION”
Under section 16 1(3) of the 1963 Constitution, no chieftaincy question could be entertained by any court of law in Nigeria. Under Section 165 of the said 1963 Constitution, “Chieftaincy question” is defined as any question as to the validity of the selection, appointment, approval of appointment, recognition, installation, grading, deposition or abdication of a chief. Per Oguntade JSC
CASES CITED
Utih V. Omoyivbe [1991] 1 N. W.L.R. (Pt. 166) 166 at 241Ezuamwenze V. Amaghizenmen [1993] 9 N.WL.R (Pt. 315) 1 at 25
STATUTES REFERRED TO
Chiefs Law of Ondo State 1978Traditional Rulers and Chiefs Edict No. (16) .1979 (Bendel State)
