CORAM

ADOLPHUS GODWIN KARIBI-WHYTE JUSTICE, SUPREME COURT EMMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT

PARTIES

1.PA A.K.Y. BALOGUN 2. PROFESSOR AJIBADE ROKOSU 3. ALHAJI R.A. SALAWE 4. ALHAJI MONSURU ALESHINLOYE[for themselves and for and on behalf of Three Ruling Houses namely; Okoya, Agbaje and Rokosu of the Salawe Chieftanicy Family. APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant instituted an action against the recommendation of the Chieftaincy Tribunal on the new Chieftaincy Declaration that was promulgated but the respondents filed a motion for the suit to be struck out. The trial court held that they had jurisdiction to hear the suit but the Court of Appeal struck out the suit for lack of jurisdiction.

HELD

The Supreme Court held that the trial court had jurisdiction to entertain the suit

ISSUES

Whether or not the High Court has jurisdiction to entertain the Appellants’ claim having regard to the power of the High Court as enshrined in Section 36 and 272(1) of the 1999 constitution i.e. section 33 and 236(1) of the 1979 constitution) notwithstanding the fact that a tribunal had looked into the matter and had made a recommendation thereon.

RATIONES DECIDENDI

CHIEFTANCY MATTERS; WHETHER WITHIN THE JURISDICTION OF A STATE HIGH COURT

It is settled that any law (including a Chieftaincy Declaration) of a State which amounts to a removal or purports to remove Chieftaincy questions or matters from the jurisdiction of a State High Court, is obviously, inconsistent with the provisions of Section 236(1) of the 1979 Constitution of the Federal Republic of Nigeria. I.F. OGBUAGU, JSC

CASES CITED

1. Chief Adeyemi & ors. v. Opeyemi (1976) 9-10 S.C.31 at 512. C.G.G. (Nig.)Ltd Chief Lawrence Ogu (2005) 2 SCNJ. 227 at 237; (2005) 2 S.C. (Pt. II) 50 (2005) 3 SCM, 13. Kanada v. Governor of Kaduna State (1986) 4 NWLR (Pt.35) 3614. Military Governor of Ondo State v. Adewunmi (1988) 3 NWLR (Pt.82) 280

STATUTES REFERRED TO

None

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