LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fundamental Rights — Prohibition of Discrimination in Chieftaincy Selection
PRINCIPLE STATEMENT
No sane person having regard to constitutional provisions against discrimination would support denying a candidate eligibility because of slave descendant stigma. Such cruel utterance is abhorrent in modern society. Courts must strike down any attempt to deny anyone rights on any practice that consigns a citizen to second-class status.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Adejugbe & Anor v. Ologunja (2004) NLC-2302000(SC) at p. 14; Paras D–E.
"The sole reason advanced by the respondent in the candidature of the 2nd appellant is that he was a descendant of a slave. No sane person in our society having regards to the provision against discrimination made patently clear in the 1979 and 1999 Constitutions would support the nihilistic and obtuse stand of the respondent that the appellant was ineligible to contest because of the stigma attached to his name. Such insipid and cruel utterance is negativistic and abhorrent in a modern society. This court should strike down any attempt by anybody or institution to deny anyone of his rights, interest, privileges or benefits on the altar of any concept or practice that tends to consign a fellow citizen to a second class position or make him a non-person."
EXPLANATION / SCOPE
Discrimination based on slave descendant status in chieftaincy selection violates constitutional prohibitions against discrimination. Such practices are abhorrent in modern society. The principle applies to fundamental rights under the Constitution. Courts must strike down any discriminatory practice in chieftaincy matters. No citizen should be consigned to second-class status. Equal rights apply to chieftaincy eligibility.
