A declaration that the purported customary law contained in the said declaration regulating succession to the title of OBUZOR of Ibusa is invalid, null and void as it did not comply with the relevant provisions of the Traditional Rulers and Chiefs Edict 1979;
b.
An order quashing the said orders contained in Delta State Legal Notices Nos. 6, 7 8, and 9 of 1995 they having been made contrary to a substituting order of court made on 16th June, 1995 staying all activities relating thereto (Exhibit A) pending the determination of a pending process;
c.
Restraining the respondents, their servants, agents and privies from enforcing or in any way implementing the purported declaration of the customary law regulating succession to the title of OBUZOR of Ibusa;
d.
Faced physical assault from the workers who battered him at the work place (site) on 14/6/89 and still trailed him to the hospital where he went for treatment to harm him further in the hospital.
The ground upon which the certiorari was sought is that of lack of jurisdiction on the part of the Executive Council of Delta State in failing to comply with the provisions of the Traditional Rulers and Chiefs Law of Bendel State, applicable in Delta State. Prior to the filing of the motion, the same applicant had earlier on filed a motion ex parte in which he sought for and was in fact granted leave to bring the application which formed the subject matter of the present appeal. That ex parte application was supported by a 25-paragraph affidavit sworn to by the applicant (now 4th respondent).
The latter motion was supported by an 18-paragraph affidavit also sworn to by the applicant (now 4th respondent). He also sought in his motion paper, to rely on the averments made in his affidavit in support of his earlier motion ex parte which he exhibited along with his motion papers.
The trial court quashed the declaration stating the customary law regulating succession to the title of Obuzor of Ibusa set out in the Delta State Legal Notices 6,7, 8 and 9 of 1995 and also declared them null and void for not complying with the relevant provisions of the Traditional Rulers and Chiefs Law of Bendel State, 1979. The court also restrained the appellants, the 2nd and 3rd respondents from implementing the declaration of the customary law regulating succession to the title of Obuzor of Ibusa.
Appellants aggrieved appealed to the Court of Appeal.
