LEGAL PRINCIPLE: CHIEFTAINCY LAW — Vested Right — Person Validly Selected to Chieftaincy Stool
PRINCIPLE STATEMENT
A person duly and validly selected as Emir, with the council of chiefs not advising against approval, has acquired a vested right enforceable at law to restrain another selection exercise. The Governor cannot arbitrarily jettison that selection.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ndayako & Ors v. Dantoro & Ors (2004) NLC-1862002(SC) at p. 17; Paras A–C.
"The 1st respondent having been duly and validly selected as the Emir as earlier noted and the council of chiefs not having advised against the approval of that selection, had acquired an interest or, a vested right enforceable at law to restrain the conduct of another selection exercise. The Governor of Niger State, 3rd appellant, cannot, in my view, arbitrarily jettison that selection and direct another selection exercise to secure the appointment of a candidate of his own choice."
EXPLANATION / SCOPE
A validly selected chief has a vested right to the stool. The principle applies to chieftaincy law. The Governor cannot arbitrarily overturn a valid selection. The rule protects legitimate expectations. The court will enforce the vested right. The principle is well-established.
