JABIN ONESA OGAGA V. THOMAS E. UMOKORO & 3 ORS

Subject matterChieftaincy matters – Supremacy of the Constitution

Supremacy of the Constitution– Effect of Section 6 (6) (b) and Section 236 of the 1979 Constitution on the Supremacy and Enforcement Powers Decree No. 12 of 1994 and Section 32 of the Traditional Rulers and Chief Edict, 1979.

Position of Existing Decrees and Edicts inconsistent with the Constitution

All existing laws and/or any provision in a state laws which are not in conformity or tend to derogate from the powers of such courts shall to the extent of such inconsistency, be voidMary Ukaego Peter- Odili JSC quoting Ighu JSC in Benin Rubber Producers Ltd v. Ojo

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CHIEF GAFARU AROWOLO V. CHIEF SUNDAY OLOWOOKERE

SUBJECT MATTER

CHIEFTANCY MATTERS

LOCUS STANDI – MEANING OF

TRADITIONAL EVIDENCE – ADMISSIBILITY OF

TRADITIONAL EVIDENCE – NATURE OF

Evidence of traditional history is nothing short of evidence of a historical fact transmitted from generation to generation in respect of a family and may in appropriate cases be given by any witnesses who by virtue of their peculiar and special relationship and circumstances before them and their ancestors and are in a position and knowledgeable enough to testify on the traditional evidence in question.PER ADEKEYE JSC

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PRINCE KILANI ADEKEYE & ORS V. PRINCE SUMMONU ADESINA & ORS

Subject Matter:

Chieftaincy Matters – Customary law  must be proved being a matter of fact.

Chieftaincy Matters  – Declaration of Chieftaincy -effect of same when validly made and registered.

Chieftaincy Matters – Declaration of Chieftaincy – who can amend same?

Chieftaincy Matters – Where there is a Registered Declaration of Chieftaincy :  Duty of court.

Chieftaincy Matters – Registered Declaration of Chieftaincy: When court can set aside same.

“It is settled law that where a declaration in respect of a recognized chieftaincy is validly made and registered, the matter or custom or native law and custom therein  stated shall be deemed  to be the customary law regulating the selection of a person  to be the holder  of the recognized chieftaincy to the exclusion of any other customary usage or rule or tradition.”

Per Walter Samuel Nkanu Onnoghen JSC.