LEGAL PRINCIPLE: CHIEFTAINCY LAW — Appointment of Chief — Governor’s Power to Set Aside — Exercise Based on Misinformation Invalid
PRINCIPLE STATEMENT
An exercise of discretion based on misinformation or suppression of facts cannot be considered proper. A ministerial exercise affecting a citizen's right must be founded on reasons arising from true facts, satisfying the criterion that the minister acted fairly, justly, and in good faith.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Owoyemi v. Adekoya & Ors (2003) NLC-1041998(SC) at pp. 16–17; Paras D–A.
"An exercise of discretion based on misinformation or suppression of facts cannot be considered a proper or just exercise. A ministerial exercise of discretion which denies or affects a citizen's right on the ground that it was in the interest of peace, order and good government is not expected to be founded on the arbitrary resolve or the whim of that minister. It must be an exercise inferentially based on reasons arising from true facts, which exercise satisfies the ordinary criterion that the minister acted fairly, justly and in good faith in the interest of peace, order and good government."
EXPLANATION / SCOPE
Discretion based on misinformation is invalid. The principle applies to chieftaincy law. The minister must act on true facts. The rule ensures fairness and good faith. The court will set aside such decisions. The principle is well-established.