CHIEKE V OLUSOGA
July 4, 2025GABRIEL ORUCHE VS COMMISSIONER OF POLICE DELTA STATE
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 71161
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Mar 13, 1997
Suit Number: SC.152/1994
CORAM
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
A.I. IGUH
PARTIES
THE MILITARY GOVERNOR, ANAMBRA STATEVINCENT A. ANIAGOH, DEPUTY-GOVERNOR, ANAMBRA STATETHE ATTORNEY-GENERAL, ANAMBRA STATEMICHAEL Z. C. OKPALADR. A. O. EZEAKU APPELLANTS
JOB EZEMUOKWE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
ACTION, PRE-ACTION NOTICE, REQUIREMENT
SUMMARY OF FACTS
The plaintiff was accorded recognition as the traditional ruler, by the then Military Governor of Anambra State pursuant to the Traditional Rulers Law of that State. Another Governor of Anambra State, the 1st defendant, by letter withdrew the recognition from the plaintiff as traditional ruler and informed the plaintiff that he had accorded recognition to the 4th defendant as the Traditional Ruler . Aggrieved by the said letter of withdrawal of recognition, Plaintiff instituted this action.
HELD
All the issues having been decided against the appellant, the appeal must be dismissed. It is accordingly dismissed with one thousand naira (N1,000.00) costs in favour of the plaintiff/respondent.
ISSUES
Whether the Court of Appeal was correct in holding that the plaintiff was not a person bound to give notice to the Governor/ Public Officers under section 26A of the Traditional Rulers Law before instituting this suit.
RATIONES DECIDENDI
STATUS OF A DETHRONED OR DE-STOOLED RULER
I believe it is common sense which accords with the law that a dethroned or de-stooled ruler cannot continue to answer as ruler after such dethronement
STATUS OF A DETHRONED OR DE-STOOLED RULER
There cannot be two or more traditional rulers in a community at one and the same time. On withdrawal of recognition, a dethroned or de-stooled traditional ruler translates to an ordinary citizen devoid of all vestiges of a traditional ruler.
CASES CITED
Board of Customs v. Barau, (1982) 10 SC. 48; Abioye v. Yakubu, (1991) 5 NWLR (Pt. 190) 130.
STATUTES REFERRED TO
Traditional Rulers Law (Amendment) Edict No 2 of 1987|
