LEGAL PRINCIPLE: CHIEFTAINCY LAW – Deposition and Removal – Governor’s Exclusive Statutory Authority to Depose Traditional Ruler
PRINCIPLE STATEMENT
The power under law to suspend or depose a traditional ruler rests with the Governor of the State; the Governor may withdraw recognition of a recognized chief or traditional ruler, which amounts to deposition; the Governor may do this either as required by customary law of the community or as required by interest of peace, order and good government; the community can only recommend to the Governor that the traditional ruler be deposed; the Governor's power is wider than that of the community; until the Governor has exercised power to withdraw recognition, the traditional ruler is not deposed notwithstanding the feeling of the community on the subject.
RATIO DECIDENDI (SOURCE)
"The power, under the law, to suspend or depose a traditional ruler rests with the Governor of the State... Section 10 deals with the power of the governor... to 'suspend or withdraw the recognition of a recognized Chief or traditional ruler.' To my mind the withdrawal of recognition amounts to deposition of the Chief. And the Governor may do this either as required by the customary law of the community... or as required by interest of peace, order and good government. The Ihiala community, on the other hand, can only recommend to the Governor that the Oluoha be deposed if he has fallen foul of any of the circumstances listed in paragraph 12.2 of Exhibit E. The power of the Governor is obviously wider than that of the community. Until he has exercised his power to withdraw recognition, the Oluoha is not deposed — notwithstanding the feeling of the community on the subject."
EXPLANATION / SCOPE
Statutory provisions governing traditional rulers vest deposition power exclusively in the Governor. This creates a dual system: Customary law level: Community may select, install, and desire removal of chiefs according to custom. Statutory level: Only Governor’s withdrawal of recognition legally deposes the chief. The Governor’s grounds for deposition are broader than community’s: (1) breach of customary law requirements; (2) peace, order, and good government (public policy). Community role is limited to recommendation—actual deposition requires gubernatorial action. This means: customary deposition alone doesn’t remove statutory status, community cannot unilaterally depose recognized chiefs, and the chief remains in office until Governor withdraws recognition. This framework serves: government oversight of traditional institutions, preventing arbitrary community actions, maintaining peace and order, and balancing customary practices with state authority. The Governor’s wider power prevents: community factional disputes disrupting governance, customary law violations destabilizing regions, and ensures orderly transition of traditional authority. Until statutory recognition is withdrawn, the chief remains legally in office regardless of community sentiment.