LEGAL PRINCIPLE: CHIEFTAINCY LAW – Recognition by Government – Offence of Holding Out as Traditional Ruler Pending Recognition
PRINCIPLE STATEMENT
Where a person admitted they were not recognized by the Governor at the time they held themselves out as traditional ruler, and court found they so held themselves out, the ingredients of the offence are complete; the fact that a chief duly selected according to accepted forms of native law and custom will not have selection invalidated because of government's failure to recognize does not entitle such chief to continue to hold themselves out as a traditional ruler duly and lawfully selected and installed pending the time government takes a decision on recognition where the statute expressly criminalizes such holding out.
RATIO DECIDENDI (SOURCE)
"The respondent admitted that he was not recognized by the Governor at the time he held himself out as the Oluoha. The court below found that he so held himself out. In my respectful view, the ingredients of the offence created by Section 19(a) are complete. The learned trial Judge was right in convicting the respondent accordingly... The fact that a Chief duly selected according to the accepted forms of native law and custom will not have his selection invalidated because of government's failure to recognise does not entitle such Chief to continue to hold himself out as a traditional ruler duly and lawfully selected and installed pending the time the government takes a decision on his recognition where the statute expressly criminalises such holding out."
EXPLANATION / SCOPE
Statutory recognition requirements create offence for holding out as traditional ruler without government recognition. The elements are: (1) person holds themselves out as traditional ruler; (2) they lack government recognition at that time; (3) statute criminalizes such conduct. Even where: selection was valid under customary law, government unreasonably delayed recognition, or the person is the legitimate customary choice—holding out without statutory recognition remains criminal. This distinguishes: Customary validity: Selection may be valid under native law and custom, government failure to recognize doesn’t invalidate customary selection. Statutory requirement: Despite customary validity, the person cannot publicly hold themselves out as ruler until government recognizes them. The rationale: preventing disputes over who is traditional ruler, ensuring government oversight of traditional institutions, and maintaining public order. Valid customary selection gives right to eventual recognition (if government acts properly) but not immediate right to hold out pending recognition. Persons validly selected must: await government recognition before publicly assuming office, or face criminal sanctions for premature holding out. This balances: respecting customary selection processes with statutory recognition requirements and preventing public confusion about legitimate authority.