CORAM
BELLO, JUSTICE SUPREME COURT
PARTIES
1. CHIEF J. O. EDEWOR
2. CHIEF M. UWEGBA
3. CHIEF O. AKPOSHERI
4. CHIEF G. OJARIKERE
5. CHIEF M. OROGUN
6. CHIEF B. OGOR ((For themselves and on behalf of Agbon Council of Chiefs)
APPELLANTS
1. THE ATTORNEY GENERAL BENDEL STATE
2. CHIEF PROFESSOR A.F.ALLI COMMSSIONER FOR LOCAL GOVERNMET AND CHIEFTAINCY AFFAIRS, BENDEL STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents/plaintiffs sued the appellants at the High Court for declarative and injunctive reliefs in respect of chieftaincy affairs which was dismissed in its entirety. An appeal to the Court of appeal was allowed partially, hence this present appeal by the appellants/defendants.
HELD
Dismissing the appeal.
ISSUES
None.
RATIONES DECIDENDI
MEANING OF THE WORD MAY
The word may also acquire a mandatory meaning from the circumstances in which it is used. Most of the cases in which the word may has a mandatory meaning relate to cases in which they are used in penal statues conferring powers to Courts. Per Nnamani JSC
WHEN A PERSON IS ENTITLED TO A REMEDY
If a person is entitled to a remedy, it is not really relevant whether it has been applied for under the wrong law. The important thing is whether he is en titled to the remedy. Per Nnamani JSC
MEANING OF THE WORD MAY
Generally the word may always means may. It has long been settled that may is a permissive or enabling expression. Per Nnamani JSC
CASES CITED
Falobi v. Falobi (1976) 9-10 S.C. 1 or (1976) N.M.L.R. 169.
Messy v. Council of the Municipality of Yass (1922) 22 S.R.N.S.W. 494 per Cullen, C.J. at pp. 497, 399
Re Baker
Michell v. Baker (1886) 44 CH.D 282
See Johnsons Tyre Foundary Fly Ltd. v. Shire of Maffra (1949) A.L.R. 88
Over v. Felton (1966) A.L.R. 1986
Oloyo v. Aiegbe (1983) 2 S.C.N.L.R. 35
The Queen v. The President Ijebu Province Ex Parte J.C. Oshinlaja (1957) W. R. L. R. 173
STATUTES REFERRED TO
Traditional Rulers and Chiefs Law, 1979
Constitution of the Federal Republic of NIGERIA 1979
Chiefs Edict