AKANDE V. THE STATE & ORS

• Pages: 359-370

AKANDE V. THE STATE & 019S.

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359

"44.

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(1) The functions of the Chief Inspector for the purposes of this Edict

shall include:-

(a) the advising of the Chief Justice in respect of the constitution,

jurisdiction and membership of Area Courts;

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(b) subject to the general or special directions of the Chief Judge,

the organisation, guidance and supervision of Area Courts."

The provisions in sections 43 and 44(1) show that the exercise of the power by

an Inspector of Area Courts is subject to the directives as may be given by the Chief

10 Judge.

For these and the more detailed reasons contained in the lead judgment of my

learned brother, Kawu, J.S.C., I too hereby dismiss the appeal and abide by the con-

sequential orders made by him.

Appeal Dismissed.

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AKANDE V. THE STATE & ORS.

20

IN RE

BUSARI AKANDE

V

25 THE STATE

AND

GOVERNOR OF OYO STATE & ORS.

AND

RESPONDENT/APPELLANT

DEFENDANTS/RESPONDENTS

EX PARTE YISAU ELETA

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APPLICANT/RESPONDENT

SUIT NO. SC 21/1986

SUPREME COURT OF NIGERIA

ESO,

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J.S.C.

KARI BI -WHYTE,

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J . S. C.

OPUTA,

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J.S.C.

AGBAJE,

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J.S.C.

CRAIG,

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J.S.C.

8th July, 1988

Constitutional Law - Rules of Natural justice - Audi Alleranz Partenz - Judicial enquiries -

Failure to grant party opportunity of being heard - Effect.

Chieftaincy - Chieftaincy declarations - Anzendnzent of - Chieftaincy enquiry - Section 7(1)

Chieftaincy Law of Oyo State - Duty to act fairly - Effect of failure - Legality of

amendment.

ISSUES:

1. Whether it is proper to conduct an enquiry into a chieftaincy matter without calling

the incumbent chief to testify or call witnesses.

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2. Whether the failure to hear an applicant at a chieftaincy enquiry following which

he is deposed, amounts to a breach of the rules of natural justice.

FACTS:

The respondent, deposed Baale of Lagun, brought this action for orders of

cer-

tiorari

to quash

inter alia

his deposition order and the proceedings of the enquiry,

and declarations that a certain enquiry was unconstitutional and in breach of the

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