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CaseLaw

Military Gov., Ondo State V. Kolawole (2008) CLR 5(k) (SC)

Judgement delivered on May 9th 2008

Brief

  • Evaluation of evidence
  • Wrongful admission/exclusion of evidence
  • Jurisdiction
  • Order of dismissal of claim

Facts

The respondent was the Governor of Kwara State between 1992-1993, as a Civilian Governor. On 17th November, 1993, the military took over power in the country.

The Plaintiffs/Respondents were from five different Ruling Houses of Oore of Otun throne in Ondo State, now Ekiti State. Each sued on his behalf and on behalf of his family belonging to his ruling house. They all averred that each has interest and a right to become Oore of Otun.

The 1st-3rd Defendants/Appellants were each sued in his own behalf and on behalf of his family house.

The 4th Defendant is the Chief Executive of Ondo State who is empowered to approve/disapprove of an amended or new Chieftaincy Declaration made by a chieftaincy committee or amend or make a new Declaration. The 5th Defendant/Appellant is the Commissioner for Local Government and Chieftaincy affairs in Ondo State. The 6th Defendant/Appellant is the Secretary to Moba Local Government who sets in motion the machinery for filling a vacancy created in any recognized chieftaincy.

Plaintiffs averred that there are 5 Ruling Houses for the Oore of Otun Chieftaincy:-

Issues

  • 1.
    Whether or not the lower Court properly exercised its jurisdiction in failing...
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