CHIEF ABUSI DAVID GREEN VS CHIEF DR. E. T. DUBLIN GREEN
July 21, 2025CHIEF ABUSI DAVID GREEN V. CHIEF DR. E. T. DUBLIN GREEN
July 21, 2025Legalpedia Citation: (1987) Legalpedia (SC) 10181
In the Supreme Court of Nigeria
Fri Jul 10, 1987
Suit Number: SC. 201/1985
CORAM
MUHAMMAD LAWAL UWAIS CHIEF JUSTICE NIGERIA
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT (Presided)
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
CHUKWUDIFU AKUNNE OPUTA, JUSTICE, SUPREME COURT
PARTIES
SALAWU OLAGUNJU ADEYEYE & ANOR
APPELLANTS
ALHAJI SHITTU AJIBOYE & ORS
RESPONDENTS
AREA(S) OF LAW
DISPUTE ON CHIEFTAINCY TITLE.
SUMMARY OF FACTS
The issue in contention In this case on appeal is that of the Oba of Ijagbo traditionally known as the ONIJAGBO OF IJAGBO. The Oyun Traditional Council announced that it appointed the first defendant as the Onijagbo of Ijagbo which is contrary to the native law powers of the second defendant. The said Oba Joseph Ebun Adepoju Odewale filed a suit against the two defendants for declaration and perpetual injunction but he died. The plaintiffs claimed against the two defendants both jointly and severally for a declaration that the purported appointment of the first defendant as the Onijagbo of Ijagbo by the second defendant is null and void, and a perpetual injunction prohibiting the first defendant from parading himself as the Onijagbo of Ijagbo. The case was tried on pleadings duly ordered and delivered. The High Court held that the case involved a chieftaincy matter in respect of which they lacked jurisdiction to hear and determine, and accordingly dismissed the case. On appeal to the Court of Appeal, that Court reversed the judgment of the High Court on the issue of jurisdiction and held, on that issue, that the High Court had jurisdiction. It was from that judgment of the Court of Appeal that the appellants appealed to the Supreme Court.
HELD
The appeal was allowed. The judgment of the Court of Appeal was set aside and the judgment of the High Court was restored
ISSUES
The issue of jurisdiction.
RATIONES DECIDENDI
THE JURISDICTION OF THE HIGH COURT TO ENTERTAIN A CHIEFTAINCY MATTER
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CASES CITED
None.
STATUTES REFERRED TO
None.
