AGBETOBA & ANOR. V. THE LAGOS STATE EXECUTIVE COUNCIL

• Pages: 14-39

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NIGERIAN SUPREME COURT CASES

[1991] 2 N.S.C.C.

AGBETOBA & ANOR. V. THE LAGOS STATE

EXECUTIVE COUNCIL



5

1.

ALHAJI SULE AGBETOBA



)

2.

CHRISTOPHER ONIKOYI



)



1C

(for themselves and on



)



APPELLANTS

behalf of M. Onikoyi family



)

otherwise known as Onikoyi



)

Chieftaincy Family.)



)

V.



1E

THE LAGOS STATE EXECUTIVE COUNCIL



RESPONDENTS

V.

1.

MADAM KEHINDE FAFUNWA )

2.

IBIKUNLE FAFUNWA ONIKOYI )

(for and on behalf of Fafunwa



)



APPELLANTS



2C

branch of Onikoyi family)



)

3.

IDOWU OLADIPO FAFUNWA )

V.

1.

MILITARY GOVERNOR OF



)

LAGOS STATE



)



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2.

A.G. & COMMISSIONER FOR )



RESPONDENTS

JUSTICE, LAGOS STATE



)

3.

ADAMO FAGBEMI ONIKOYI



)

APPEAL NO. SC. 195/1990.

SUPREME COURT OF NIGERIA

OBASEKI,



J.S.C.

KARIBI-WHYTE,



J.S.C.

KAWU,



J.S.C.

BELGORE,



J.S.C.

0 LATAWU RA,



J.S.C.

OMO,



J.S.C.

7th June, 1991.

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Administrative Law- Non-approval and non-recognition of the nomination of chief under

the Oba and Chiefs of Lagos Edict of 1975 - Effect of - Nomination of Chief antedating

its registration - Propriety of - Selection - Nomination and appointment of chief in

Lagos State - Procedure therefor- Declaration of Chieftaincy - Delegation of - Whether

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45

delegatus non potest delegares applies.

Appeals- Arguing grounds of appeal as opposed to issues for determination - Propriety of

- Concurrent findings of lower courts attitude of appellate court thereto - Settlement of

record of appeal - Need to involve counsel.

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5C

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AGBETOBA & ANOR. V. THE LAGOS STATE EXECUTIVE COUNCIL 15

Constitutional Law - Acts done under repealed laws preserved by an ex

-

tant law - Legal

status of - The Oba and Chiefs law of Lagos State No.6 of 1981 duly passed by the

House of Assembly but not coniaining Governor's assent by printing error -

Constitutionality of validity of - Correction of by corrigendum; Failure of declaration

5

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of Chieftaincy to comply with the provisions of an enabling law - Effect of

Customary Law Chieftaincy - Selection, nomination and appointment ora Chief under the

Oba and Chiefs of Lagos State law No.6 of 1981 - Validity of - Succession to vacant

chieftaincy position in Lagos State - How done - Onikoyi chieftaincy declaration of

10



2717177 Unapproved by the Executive Council vis-a-vis Onikoyi Chieftaincy declaration

of 20111181 approved by the Executive of Lagos State - Validity of - Effect of: The

Onikoyi Chieftaincy family - Composition of - Supreme Court decision in Afolabi &

Ors. v. Governor of Oyo Slate & Ors. (1985) 16 NSCC pt.II 1151 as to vesting or

accrual of right - Applicability of to an unapproved chieftaincy declaration.

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Interpretation of Statutes -

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magis vuleat quanz pereal' principle - Application of -

Mischief rule - Application of

Interpretation and Construction - The repealed Oba and Chiefs of Lagos State Edict No.2

of 1975.

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Jurisprudence- Oba and Chiefs of Lagos Slate Law No.6 of 1981 - Validity of - Right -

Vesting or accrual of

Practice and Procedure - Issues for determination - How formulated - Need to avoid

prolixity - Essence of - Types of .

Words and Phrases - Corrigendum - Use

or

ISSUES:

1.

How may issues for determination be formulated?

2.

What is the essence of formulation of issues?

3.

When may a right be said to have vested?

FACTS:

The appellants sued the respondents in two separate suits to wit LD/42M/81

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and M/153/81 in the High Court of Lagos State. The suits were later consolidated.

The appellants had sought eleven reliefs by way of declarations. The reliefs,

inter

alia,

were that, the Onikoyi Chieftaincy declaration of 27th day of July, 1977 and

registered on the 1st of August, 1977 made under the Oba and Chiefs of Lagos

Edict No.2 of 1975 under which the 3rd appellant was nominated as the Chief

40 Onikoyi elect is binding and effective on the Lagos State Government; and a

declaration that the Oba and Chiefs of Lagos State law No.6 of 1981 is unconsti-

tutional; and that the Onikoyi Chieftaincy declaration of 20/11/81 made thereunder

and the subsequent selection and approval of the 4th respondent as Chief Onikoyi

is invalid.

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This case arose following the competing claims of the appellants that there is

only one ruling house, i.e. the Muti Ruling House within the Onikoyi Chieftaincy of

Lagos; as against the claim by the respondents that there are two ruling Houses

(i.e. Muti and Dosunmu) upon the death of the incumbent Onikoyi, Chief E.A.

Bajulaiye in 1966. As a result of protracted disagreement and petitions to the

Lagos State Government over this issue, the Military Government of Lagos State

50 in a letter in 1973 requested the Chieftaincy Committee of Lagos Island Local

Government to prepare and submit in writing a declaration in respect of the Onikoyi

Chieftaincy Family. The effort by the Oba-in-Council headed by Oba Oyekan II to

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