LawPavilion Online


Back

PRINCE OLUDAYO JOHN BAMIDELE IDOWU v. ATTORNEY GENERAL OF OGUN STATE & ORS

(2017) LPELR-43257(CA)

In The Court of Appeal of Nigeria

On Friday, the 27th day of October, 2017

CA/I/238/2008


Before Their Lordships

MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria

MODUPE FASANMI Justice of The Court of Appeal of Nigeria

CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria


Between

PRINCE OLUDAYO JOHN BAMIDELE IDOWU - Appellant(s)

AND

1. ATTORNEY GENERAL OF OGUN STATE
2. COMMISSIONER OF LOCAL GOV. AND CHIEFTAINCY AFFAIRS
3. SECRETARY OF SAGAMU LOCAL GOVT.
4. PRINCE TIMOTHY OYESOLA AKINSANYA
5. CHIEF S.A. ODUWAIYE
(OLISA OF MAKUN)
6. CHIEF OLU MAYUNGBO
(ARO OF MAKUN)
7. CHIEF T.A. OGUNTADE
(LOSI OF MAKUN)
8. CHIEF OBAFEMI ODUGUWA
(APENA OF MAKUN)
9. CHIEF O. OGUNJIMI
(BALOGUN OF MAKUN)
10. CHIEF SALAMI IDOWU
(AKOJE OF MAKUN)
11. OLOOTU YEMI ADENIYI
12. OLOOTU OMOOBA MAKUN - Respondent(s)


Summary

INTRODUCTION:
This appeal borders on the propriety or otherwise of an Application for Judicial Review.
FACTS:
This is an appeal against the ruling of the Ogun State High Court of Justice in Suit No. M/21/2007 delivered on the 31st of March 2008.

Appellant was the Applicant in the suit and had on the 18th of April, 2007 in his exparte application been granted leave of the lower Court to apply for judicial review of the decision of the kingmakers of Ewusi of Makun Chieftaincy which selected Prince Timothy Oyesola Akinsanya as the Ewusi of Makun elect on 11th January 2007 and the approval granted by the Executive Council of Ogun State appointing Prince Timothy Oyesola Akinsanya as the Ewusi of Makun on the 15th of Feb. 2007.

1st Respondent filed a notice of preliminary objection to the suit and contended therein that the suit is incompetent and should be struck out as the Court lacks the jurisdiction to entertain same as presently constituted. The 3rd Respondent also filed a notice of preliminary objection.

The learned trial Judge heard the arguments on the preliminary objections filed by the 1st and 3rd Respondents. On the 31st of March 2008, the learned trial Judge in his ruling struck out the application for the judicial review.

Dissatisfied with the ruling, Appellant filed this appeal.

ISSUES:
The appeal was determined on the following issue:
Issue One
Whether the learned trial Judge was right when she held that the approval granted by the Executive Council of Ogun State to the selection of the 4th Respondent as the Ewusi of Makun by the kingmakers is an administrative act.
Issue Two
Whether the learned trial Judge was right in holding that the real issues between the parties can only be settled by means of pleadings and evidence thereon.

DECISION/HELD:
On the whole, the appeal was dismissed for lack of merit.


Read Full Judgment