CORAM

SYLVESTER UMARU ONU JUSTICE,SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT

NIKI TOBI JUSTICE, SUPREME COURT

UGOCHUKWU ANTHONY OGAKWU

; DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT

PARTIES

PRINCE ADEBAJO SOSANYA APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant filed an action against the selection and appointment of the 1st respondent to the traditional stool in dispute on the grounds that the 1st respondent descended from the female line.  He had been voted against at the election.

HELD

The court held that the by the virtue of the Chieftaincy Declaration a descendant of the family from the female line could contest in the absence of eligible candidates from the male line and that the appellant participated in the selection process.

ISSUES

1. Whether the Court below was not in error in striking out grounds 1,3,4,5,6,7,8,9,10,11,12,13 and 21 of the appellant’s grounds of appeal and issues 1,2,3,5,6,7,8, 9,10 and 12 formulated thereon for want of competence and whether that decision is not a nullity for infringing the appellant’s right to fair hearing?2. Whether the decision of the Court below affirming the selection of the 1st respondent as the Odemo of Isara can stand in law, when the appellant, who is a qualified candidate was unjustifiably deprived of his right to participate in the selection exercise?

RATIONES DECIDENDI

CASES CITED

1) Chidiak V. Laguda (1964) NMLR 123, at 1252) George V. Dominion Flour Mills (1963) 1 S.C.N.L. 117;3) George V. U.B.A. Ltd (1972) 8-9 S.4) Victor Woluchem & Ors V. Chief Simon Gudi & Ors. (1981) 1,2,4 & 5 S.C. 178,5) Akeredolu V. Akinremi (1989) 3 N.W.L.R. (pt.108) 64;6) Osho V. Foreign Finance Corporation (1991) 4 N.W.L.R. (pt.184) 157;7) U.A.C. (Nig) Ltd. V. Fasheyitan (1998) 11 N.W.L.R. 179.

STATUTES REFERRED TO

None

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