CHIEFTAINCY LAW ā Locus Standi in Chieftaincy Matters ā Two Alternative Bases for Establishing Standing
Principle Statement
The right to sue in chieftaincy matters may arise in two ways: (i) the plaintiff may assert the family's hereditary interest through representatives, clearly pleading it is the family's civil right; or (ii) the plaintiff may assert his own right to the stool, showing the nature of his interest and entitlement, not merely that he is a family member.
Ratio Decidendi (Source)
Per Akintan, JSC, in Emezi v. Osuagwu & Ors (2005) NLC-2512000(SC) at pp. 11ā12; Paras EāB.
"The right of a plaintiff to sue in a chieftaincy matter may arise in two ways: (i) he may establish in his statement of claim and lead evidence to show that the right that is being asserted is that of his family by reason of any hereditary interest. In such situation, the action should be by the family through their representatives and it must be clearly pleaded that it is the civil right of the family that is being claimed or pursued; and (ii) the plaintiff may assert his own right to the chieftaincy stool if he could show from his pleadings and evidence, if evidence has been led, the nature of his interest and his entitlement to the stool. It is not enough for him to merely say that he is a member of the family. He has to say further that he had an interest in the chieftaincy title and plead further in his statement of claim how his interest arose."
Explanation / Scope
Two bases for chieftaincy standing: (i) family hereditary interest (representative action), (ii) personal right to the stool (individual action). Mere family membership without showing how interest arose is insufficient for personal standing. The principle applies to chieftaincy law. The rule ensures only those with genuine interest can sue. The statement of claim must clearly plead the basis of standing and how it arose.
