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NELSON GBAFE VS PRINCE FRANK GBAFE & ORS

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NELSON GBAFE VS PRINCE FRANK GBAFE & ORS

Legalpedia Citation: (1996) Legalpedia (SC) 21111

In the Supreme Court of Nigeria

HOLDEN AT ABUJA

Mon Jun 17, 1996

Suit Number: SC. 86/1991

CORAM


OBANDE FESTUS OGBUINYA

OBANDE FESTUS OGBUINYA

COKER JUSTICE, SUPREME COURT

O. OLATAWURA JUSTICE, SUPREME COURT


PARTIES


NELSON OLORUNNIMBE GBAFE APPELLANTS


PRINCE FRANK GBAFE (For himself and Imiokposokeke family of Atte Clan) THE MILITARY GOVERNOR OF BENDEL (now Edo State) THE ATTORNEY-GENERAL OF BENDEL (now Edo State) THE COMMISSIONER FOR LOCAL GOVERNMENT AND CHIEFTAINCY AFFAIRS, BENDEL (now Edo State) CHIEF AKWETE EHIBOR EDOYUGBO DAMEN AKHIMIEMONA OKOUGBO UWAHOLEN OKOH (For themselves and on behalf of the people of Ujabhole) RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

Imioveka was the only ruling house, in relation to the Chieftaincy in question. There are six family sub-units, in order of rotation to hold the title After the death of the last holder, It was the turn of the Imiokposokeke sub-unit of the family to produce a candidate. the 1st respondent was nominated, he accepted and went to Lagos to pack his things before his installation.on his return from Lagos, the position had been given to the appellant.


HELD


Held that the appeal lacks merit and is hereby dismissed with N1,000.00 costs


ISSUES


Whether the first respondent rejected the nomination Whether the first respondent nominated the appellant, and Whether the appellant was legally qualified to be nominated and installed as Ogiewa.”


RATIONES DECIDENDI


CASES CITED


Udeze v. Chidebe (1990) 1 NWLR (Pt. 125) 141


STATUTES REFERRED TO


None.|


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