LEGAL PRINCIPLE: CHIEFTAINCY LAW – Vesting of Rights – Investitive Facts Required for Right to Present Candidate to Vest
PRINCIPLE STATEMENT
A right can be said to be vested when all the investitive facts which are necessary to create it have occurred. It is said to be contingent when only part of the investitive facts have occurred, until the happening of the event on which the title depends... In the instant case even if it is conceded that the Adumori Ruling House is the only Ruling House named in Exhibit 6, the preconditions for the vesting of the right prescribed in section 15(1) of the Chiefs Law, which are the investitive facts enabling the right to create the rights have not been satisfied. Thus for the right to be vested in the Adumori Ruling House, the following conditions must be satisfied: (a) the Secretary of the competent Council shall announce the name of the Ruling House entitled according to customary law to provide a candidate or candidates as the case may be, to fill the vacancy; (b) not later than fourteen days after the announcement by the Secretary, the members of the Ruling House, acting in accordance with the declaration shall submit the name of the candidate to the kingmakers; (d) within not more than seven days after the submission of the name of the candidate the Kingmakers shall proceed to select the person to fill the vacancy in accordance with the law. These are the investitive facts the satisfaction of which will make the right vested.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Wilson v. Oshin (2000) NLC-2291994(SC) at pp. 12–13; Paras D–A.
"A right can be said to be vested when all the investitive facts which are necessary to create it have occurred. It is said to be contingent when only part of the investitive facts have occurred, until the happening of the event on which the title depends... In the instant case even if it is conceded that the Adumori Ruling House is the only Ruling House named in Exhibit 6, the preconditions for the vesting of the right prescribed in section 15(1) of the Chiefs Law, which are the investitive facts enabling the right to create the rights have not been satisfied. Thus for the right to be vested in the Adumori Ruling House, the following conditions must be satisfied: (a) the Secretary of the competent Council shall announce the name of the Ruling House entitled according to customary law to provide a candidate or candidates as the case may be, to fill the vacancy; (b) not later than fourteen days after the announcement by the Secretary, the members of the Ruling House, acting in accordance with the declaration shall submit the name of the candidate to the kingmakers; (d) within not more than seven days after the submission of the name of the candidate the Kingmakers shall proceed to select the person to fill the vacancy in accordance with the law. These are the investitive facts the satisfaction of which will make the right vested."
EXPLANATION / SCOPE
A right vests only when all investitive facts (preconditions) have occurred. Until then, the right is contingent. Under Section 15(1) of the Chiefs Law, the right to present a candidate vests only after: (a) Secretary announces the entitled Ruling House; (b) within 14 days, the Ruling House submits a candidate; (c) within 7 days, kingmakers select the person. Without these steps, the right is not vested. The mere naming of a Ruling House in a declaration does not create an automatic right to present a candidate. The prescribed procedures must be strictly followed. Contingent rights are not enforceable until conditions are satisfied.