Victor Adegoke Adewumi V. Attorney-general Of Ekiti State (2002)

LAWGLOBAL HUB Lead Judgment Report

A. B. WALI, J.S.C

By paragraph 34 of the statement of claim, the plaintiffs seek for the following reliefs against the defendants:

“WHEREOF the plaintiffs claim against the defendants:

i. DECLARATION that 1st – 4th defendants were aware of the various motions for injunction in HAD/48/84 and other steps taken to conclude the case when the 1st – 4th defendants flagrantly rushed the purported selection of a new Ewi of Ado-Ekiti without due regard to the processes of law.

ii. DECLARATION that only Omo Orites qualified under 1960 Declaration on Ewi of Ado-Ekiti can be lawfully considered for appointment as Ewi of Ado-Ekiti.

iii. DECLARATION that the 5th defendant is not an Omo Orite and does not qualify to become

an Ewi of Ado-Ekiti under the 1960 Declaration.

iv. DECLARATION that the 1984 Declaration on Ewi of Ado-Ekiti under which the 5th defendant was purportedly appointed is invalid, irregular null and void.

v. DECLARATION that the purported appointment of the 5th defendant based on the 1984 Declaration on Ewi of Ado-Ekiti is invalid null and void.

vi. DECLARATION that after the passing away of Oba Aladesanmi from Aroloye Ruling House, it is the turn of Atewogboye Ruling House to present the next Ewi of Ado-Ekiti.

vii. DECLARATION that the 1st-4th defendants were parties to suit No. HAD/48/84 the plaintiff

v. 1st defendant and 17 Ors.

viii. INJUNCTION restraining the 5th defendant from parading himself as the Ewi of Ado-Ekiti and the other defendants from recognising Ewi of Ado-Ekiti.”

After the pleadings had been duly filed and exchanged the 1st defendant the Attorney-General of Ondo State brought an application dated 7th day of April, 1992 in the trial court seeking the following: