LEGAL PRINCIPLE: CUSTOMARY LAW – Chieftaincy Succession – Kalabari Custom – “Duein Wari Fafaa” – Chieftaincy House Continues as Long as Members Exist
PRINCIPLE STATEMENT
The interpretation given by the respondents is correct that it is a Kalabari custom that chieftaincy house continues as long as people loyal to it exist. ... 'Whatever happens, when a man creates a family, that family is never extinct.' I do not see the difference between this interpretation and the one given by the respondents i.e. 'Chieftaincy house continues as long as people loyal to it are alive.' The 'family' which PW I said will continue to exist is the chieftaincy family.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Jack & Ors v. Whyte & Ors (2001) NLC-1661995(SC) at pp. 11–12; Paras D–A.
"The interpretation given by the respondents is correct that it is a Kalabari custom that chieftaincy house continues as long as people loyal to it exist. ... 'Whatever happens, when a man creates a family, that family is never extinct.' I do not see the difference between this interpretation and the one given by the respondents i.e. 'Chieftaincy house continues as long as people loyal to it are alive.' The 'family' which PW I said will continue to exist is the chieftaincy family."
EXPLANATION / SCOPE
Under Kalabari custom, a chieftaincy house continues as long as people loyal to it exist—it is never extinct. A family created by a man continues indefinitely. The “family” in this context is the chieftaincy family, not just biological descendants. Loyalty and allegiance define the house’s continuity, not strict bloodlines. The custom ensures that chieftaincy houses endure across generations. The principle prevents extinction of chieftaincy titles due to lack of direct descendants. The house survives as long as there are loyal members who maintain allegiance. The custom reflects the communal nature of chieftaincy. The court accepts this as proved customary law. The interpretation is based on evidence of custom, not judicial invention.