CaseLaw
Orakosim V. Menkiti (2001) CLR 5(b) (SC)
Judgement delivered on December 2nd 1977
Brief
Facts
The Appellants claimed in Abeokuta High Court (1) a declaration that he was the duly appointed Chief Imam of the Central Mosque, Igbogila; (2) a declaration that the Respondent was not the Chief Imam of the said Mosque and (3) an injunc¬tion restraining the Respondent from holding out himself as the said Chief Imam, The case for the Appellants was that there was a dispute between them and the Respondent as to whom was to be the Chief Imam and that both submitted the dis-pute to an arbitrator in the person of the Central Committee of the Ansar-Ud-Deen Society in Lagos and that the arbitrator decided in favour of the Appellants.
The Respondent's case was that only the Jamat of the Central Mosque of Ig¬bogila has the power to appoint its Imam. The trial Judge found that the parties had in fact submitted the dispute to the arbitrator but the arbitrator showed bias in the discharge of the arbitration, he also found that the Jamat is the only body with the right and power to appoint the Chief Imam. He dismissed claims (1) and (3) and granted claim (2).
The Appellant's appeal to the Western State Court of Appeal was dismissed on the ground of bias and double standard by the arbitrator. They thus appealed to the Supreme Court.
Issues
Whether matters concerning the selection and installation of the Chief Imam of...