OKE LANIPEKUN LAOYE AND OTHERS V. AMAO OYETUNDE

POLICY AND PRACTICE LAW REPORTS, 2PLR

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OKE LANIPEKUN LAOYE AND OTHERS

V.

AMAO OYETUNDE

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

DELIVERED THE 12TH JUNE, 1944

PRIVY COUNCIL APPEAL NO. 28 OF 1942

2PLR/1944/54 (P.C.)

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OTHER CITATION(S)

2PLR/1944/54 (P.C.)

(1942) P. C. 28/1942

(1942) X WACA PP. 4 – 8

LEX (1942) – P. C. 28/1942

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BEFORE THEIR LORDSHIPS:

LORD THANKERTON

LORD WRIGHT

SIR MADHAVAN NAIR

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BETWEEN:

OKE LANIPEKUN LAOYE AND OTHERS – Appellants

AND

AMAO OYETUNDE – Respondent

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ORIGINATING COURT(S)

FROM THE WEST AFRICAN COURT OF APPEAL

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

ADMNINISTRATIVE AND GOVERNMENT LAW:- Ultra vires – Interpretation of an ordinance as to the extent of authority allotted to the Governor – Where Governor deemed to have exceeded the limit of his powers – Legal effect   

CUSTOMARY LAW – CHIEFTAINCY:- Appointment of Bale – Governing principle(s) – Customary law and statute –How determined

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PRACTICE AND PROCEDURE ISSUE(S)

INTERPRETATION OF STATUTE:- sec. 2(2) of ordinance 14 of the Laws of Nigeria of 1930 –Proper construction of

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CASE SUMMARY

This arose out of a suit between two contenders for the position of bale under native law and custom – and thus to possession of its associated premises and paraphernalia. The appeal also raised an important question as to the customary and statutory law relating to the election of chiefs in the Protectorate of Nigeria with particular emphasis on the construction of sec. 2 (2) of ordinance 14 of the Laws of Nigeria of 1930.

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