M.O. ODESANYA VS D.A. EWEDEMI
September 5, 2025GODWIN IKPEAMOGU NWAUGOAGWU & ANOR VS THE QUEEN
September 5, 2025Legalpedia Citation: (1862-05) Legalpedia 75125 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon May 7, 1962
Suit Number: SC 210/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
THE QUEEN
APPELLANTS
THE GOVERNOR – IN – COUNCIL, WESTERN REGION
RESPONDENTS
AREA(S) OF LAW
CHIEFTAINCY TITLE—INTERPRETATION OF STATUTES— ‘MAY’—- APPEAL
SUMMARY OF FACTS
The appellant had sent a letter via his lawyer in protest against the recommendation made for the next person to fill the stool of the Awujale of Ijebuland. The respondent never gave a reply to the appellants’ letter. The appellant instituted the action that the respondent was bound to reply his letter of protest. The appellant appealed against the decision of the lower Court being dissatisfied with its finding
HELD
There being no other grounds of appeal to consider, I would dismiss the appeal with costs.
With regard to the cross-appeal the learned Judge gave no reason why costs were not awarded to the successful party. Costs must follow events. The respondent was entitled to its costs in the Court below. The cross-appeal will be allowed.
In the event the appeal will be dismissed with costs assessed at thirty-five guineas. Costs in the Court below in favour of the respondent is assessed at 25 twenty-five guineas.
ISSUES
The decision is against the weight of evidence
RATIONES DECIDENDI
EXCEPTIONS TO THE RULE PRINCIPLE OF NATURAL JUSTICE
‘The principles of natural Justice must be observed, but, subject to this, I can see no reason why the Minister should not himself direct an enquiry and submit the matter for the consideration of the Governor-in-Council when all necessary information has been obtained.’ Per ADEMOLA CJF
ABSOLUTE DISCRETION OF THE GOVERNOR -IN -COUNCIL
“The Chiefs Law, to my mind clothes the Governor-in-Council with absolute discretion as to how it arrives at its decision as long as it cannot be established that it was arrived at “mala fide”. Per ADEMOLA CJF
ABSOLUTE DISCRETION OF THE GOVERNOR -IN -COUNCIL
“The Chiefs Law, to my mind clothes the Governor-in-Council with absolute discretion as to how it arrives at its decision as long as it cannot be established that it was arrived at “mala fide”. Per ADEMOLA CJF
CASES CITED
Lagunju V Olubadan-in-Council 12 W.A.C.A. 406 at pp.410 and 411
FSC 173/1961, Ex parte Uzoka and 4 others [ 1962] 1 SCNLR 324
STATUTES REFERRED TO
The Chiefs Law, 1957
