PRINCE RASAK YESUFU OGIEFO v. HRH. JAFARU ISESELE I & ORS
(2014)LCN/6872(CA)
RATIO
CUSTOMARY LAW: THE CUSTOM GOVERNING SUCCESSION TO A THRONE
That, it’s now settled law, that once the custom governing succession to a throne has been codified by way of a chieftaincy declaration, it is the declaration and not any other custom or usage that regulates succession to the throne. See AYOADE VS. MILITARY GOVERNOR OF OGUN STATE (1993) 8 NWLR (Pt.309) 111 @ 127 – 128, per RD Mohammed, JCA; OGUNDARE VS. OGUNLOWO (1997) 6 NWLR (Pt.509) 360 @ 371 per Ogwuegbu, JSC.
Thus argued, that the case of OGUIGO VS OGUIGO (1999) 1 NWLR (Pt. 638) 283 is distinguishable from the instant case, and therefore irrelevant and unhelpful to the Appellant – Per IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A
