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Fasade vs. Babalola

PRINCE OLUFEMI FASADE

CHIEF ADEGBITE

CHIEF OGUNRINDE

CHIEF ADESHINA

CHIEF OLALEYE

CHIEF FAYESE

V

PRINCE IYIOLA BABALOLA

ATTORNEY-GENERAL OF OSUN STATE

SUPREME COURT OF NIGERIA

SALIHU MODIBBO ALFA BELGORE, JSC ( Presided )

SYLVESTER UMARU ONU, JSC

UMARU ATU KALGO, JSC

SAMSON ODEMWINGIE UWAIFO, JSC ( Read the Lead Judgment )

AKINTOLA OLUFEMI EJIWUNMI, JSC

SC. 190/1997

FRIDAY, 25TH APRIL, 2003

CHIEFTAINCY MATTER - Chieftaincy declaration - Procedure therein -  Whether can be waived

CHIEFTAINCY MATTER - Chieftaincy declaration - Status of

CHIEFTAINCY MATTER - Chieftaincy declaration - Where registered Evidential value of vis-a-vis customary law

CHIEFTAINCY MATTER - Chieftaincy declaration - Who can amend Whether a judicial function

EVIDENCE - Evidence improperly received at trial -  How treated on appeal

PRACTICE AND PROCEDURE - Party to a suit - Duty of to be consistent in the presentation of his case - Effect of failure to

WAIVER - Chieftaincy declaration -  Procedure therein - Whether can be waived

WAIVER - Concept of - When party is held to have waived his rights

WAIVER - Reqirements for establishing waiver in a civil case - Duty thereon

WAIVER - Meaning of

WAIVER - Right conferred by statute - Extent to which can be waived -

Exception thereto

WORDS AND PHRASES - Waiver - Meaning of

Issues:

1.            Whether having resolved issue No.3 against the respondent ( consequent upon which grounds 4, 6, 7, 8, 9, 16 and 17 of their grounds of appeal were dismissed) the Court of Appeal was right in granting to the respondents reliefs 2 and 3 based on those grounds and the said issue No. 3 and whether the three declaratory reliefs ought to have been granted?

2.            Whether the respondents were not estopped from instituting the action and whether having regard to the conduct of the 1 st plaintiff the declaration sought ought not to have been refused?

Facts:

This suit was commenced following the dispute which arose from the chieftaincy stool of Owa of Igbajo. The last Owa of Igbajo died in 1988. The vacancy thus created was due to be filled by Owa-Iloro ruling house producing a candidate. Six candidates were nominated and presented to the kingmakers for one of them to be selected and his name forwarded for the approval of the government. The 1st appellant emerged as the candidate by the decision of the kingmakers. Thus his name was submitted to the Secretary, Ifelodun Local Government Council which, in turn, forwarded same to the Oyo State Government for approval. This was accordingly given.

This suit was consequently filed by plaintiffs to contest the nomination

of the 1st defendant. At the conclusion of hearing, the trial court dismissed the plaintiffs’ claim and granted the defendants’ counter-claim. Plaintiff appealed to the Court of Appeal, while the 2nd and 3rd defendants crossappealed. The Court of Appeal allowed the appeal.

Aggrieved, defendants/appellants appealed to the Supreme Court.