LEGAL PRINCIPLE: CHIEFTAINCY LAW – Declarations of Customary Law – Registration Requirement – Effect of Non-Registration
PRINCIPLE STATEMENT
Sections 6(1) and (2) of the Bendel State Traditional Rulers and Chiefs Edict of 1979 provides: '6(1) Every draft declaration of a competent traditional council approved by the Executive Council and every declaration made by the Executive Council shall be registered and retained in custody by such officer of the department of Government of the State with responsibility for which the appropriate authority is charged as the Executive Council may direct. (2) No declaration shall come into effect until it is so registered.' Exhibit 20 was not registered at all and the learned trial Judge found so. The purport of the above finding of the trial Judge is that Exhibit 20 is null and void.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Jekpe & Anor v. Alokwe & Ors (2002) NLC-1111995(SC) at p. 14; Paras A–D.
"Sections 6(1) and (2) of the Bendel State Traditional Rulers and Chiefs Edict of 1979 provides: '6(1) Every draft declaration of a competent traditional council approved by the Executive Council and every declaration made by the Executive Council shall be registered and retained in custody by such officer of the department of Government of the State with responsibility for which the appropriate authority is charged as the Executive Council may direct. (2) No declaration shall come into effect until it is so registered.' Exhibit 20 was not registered at all and the learned trial Judge found so. The purport of the above finding of the trial Judge is that Exhibit 20 is null and void."
EXPLANATION / SCOPE
A declaration of customary law regarding chieftaincy must be registered to have legal effect. Non-registration renders the declaration null and void. Registration is a condition precedent for the declaration to come into effect. The requirement is mandatory, not directory. The court cannot give effect to an unregistered declaration. The purpose is to ensure official oversight and accessibility of chieftaincy declarations. Unregistered declarations cannot be relied upon to establish customary law or chieftaincy rights. The principle applies to all declarations under the relevant Edict. The nullity is absolute—the declaration is void ab initio. Parties cannot cure non-registration by subsequent action.