MISS CHINYE M. EZEANAH VS MAHMOUD I.A. ATTAH
June 12, 2025MISS CHINYE M. EZEANAH VS MAHMOUD I.A. ATTAH
June 12, 2025Legalpedia Citation: (2004) Legalpedia (SC) 71916
In the Supreme Court of Nigeria
Fri Feb 27, 2004
Suit Number: SC. 230/2000
CORAM
SYLVESTER UMARU ONU JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
FATATI WILLIAMS, JUSTICE, SUPREME COURT
IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT
PARTIES
1 . OBA RUFUS A. ADEJUGBE (ALADESANMI III)2. JAMES BAMIDELE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The election of the 2nd appellant to the chieftaincy position in dispute was rejected because it was contended that he was a descendant of a slave.
HELD
The court held that the Oba has discretion under the Chiefs law to resolve any dispute relating to a minor Chieftaincy, and that in the circumstances of this case the procedure of election used to determine the popular candidate was not improper.
ISSUES
1. Whether the misconstruing of the Appellants’ case by the lower Court did not occasion a miscarriage of justice when the facts stated to be undisputed between the parties which were disputed formed the kernel of the decision of the lower court to the detriment of the Appellants’ case.2. Whether the lower Court was right to have totally abandoned the relevant, pungent and straight forward issues formulated by the parties but instead raised new issues suo motu that were not covered or circumscribed by the grounds of appeal filed in the case.
RATIONES DECIDENDI
CASES CITED
Ununmwangbo V. Okojie An. (1989) 5 N.W.L.R. (Pt. 122) 470 at P. 490,Ojokolobo and Ors. V. Alamu and ors. (1987) 3 N.W.L.R. (Pt. 61) 377Adefulu V. Oyesile (1989) 5 N.W.L.R. (Pt. 122) 377 at 421
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1979 and 1999
