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OLAYIWOLA OLAGUNYI YUSUF VS ALIMI OYENIRAN & ORS

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OLAYIWOLA OLAGUNYI YUSUF VS ALIMI OYENIRAN & ORS

Legalpedia Citation: (1996) Legalpedia (SC) 61346

In the Supreme Court of Nigeria

HOLDEN AT ABUJA

Mon Jun 3, 1996

Suit Number: SC. 37/1990

CORAM


A.B. WALI

M.L. UWAIS, CHIEF JUSTICE, NIGERIA

A.I. IGUH

O. OLATAWURA JUSTICE, SUPREME COURT


PARTIES


YUSUF OLAYIWOLA OLAGUNJI (Mogaji and Head of OdumuyiFamily/Ruling House on behalf of himself and other members of Odumuyi Family/Ruling House of Ede) APPELLANTS


ALIMI OYENIRAN ATTORNEY-GENERAL OF OYO STATE COMMISSIONER FOR LOCAL GOVERNMENT, OYO STATE GOVERNOR OF OYO STATE RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

There were registered declaration under the Chiefs Law of Western Nigeria, pertaining to Timi of Ede Chieftaincy which was amended to include Laminisa family; Hence the present action by the appellant challenging the legality of the amendment by the Executive Council of the Oyo State Government.


HELD


The appeal fails and it is dismissed with N1,000.00 costs to each set of respondents. The judgments of the trial court and the Court of Appeal are hereby further affirmed.


ISSUES


(a) Whether the Oyo State Executive Council could, as it did, in the given circumstance, amend the Timi of Ede Chieftaincy Declaration of 1957. (b) Whether the appellant’s family having appeared and testified before the Ademola Commission, could claim the right of being heard again by the Oyo State Executive Council before taking a decision on the report submitted to it by the Ademola Commission, particularly when the decision taken by the Executive Council affected his family’s right of rotational succession to Timi of Ede Chieftaincy.


RATIONES DECIDENDI


CASES CITED


Woluchem & Ors. v. Gudi & Ors. (1981) 5 S.C. 291 and|Folorunsho v. Adeyemi (1975) 1 NMLR (Pt.1) 128.


STATUTES REFERRED TO


None.|


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