LEGAL PRINCIPLE: CHIEFTAINCY LAW — Chieftaincy Succession — Declaration of Sole Recognition of Chief over Community
PRINCIPLE STATEMENT
In sum, the plaintiff succeeds in part. Declaration is granted that the plaintiff is the only recognised Chief or Oba Ajoriwin of Irawo, be it known as Irawo-Ile and Irawo-Owode in Ifedapo Local Government Area of Oyo State of Nigeria.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Aroyewun & Ors v. Adediran (2004) NLC-2061999(SC) at p. 4; Paras A–B.
"In sum, the plaintiff succeeds in part. (i) declaration is granted that the plaintiff is the only recognised Chief or Oba Ajoriwin of Irawo, be it known as Irawo-Ile and Irawo-Owode in Ifedapo Local Government Area of Oyo State of Nigeria."
EXPLANATION / SCOPE
A court may grant a declaration that a plaintiff is the only recognised chief over a community. The declaration must specify the community and local government area. The principle applies to chieftaincy disputes. Such a declaration settles competing claims to a throne. The rule provides legal recognition of traditional leadership. The court will issue the declaration where evidence supports the plaintiff’s claim to exclusive recognition.