Principle Statement

The persons who may be proposed as candidates by a ruling house entitled to fill the vacancy shall be: (a) members of the ruling house of the male line; (b) where no male descendants exist, a true descendant of the female; (c) sons of a previous holder of the title.

Ratio Decidendi (Source)

Per Ejiwunmi, JSC, in Sosanya v. Onadeko & Ors (2005) NLC-2942000(SC) at pp. 27–28; Paras E–A.

"The persons who may be proposed as candidates by a ruling house entitled to fill the vacancy shall be (a) members of the ruling house (b) of the male line, provided that succession may devolve on the female where the former holders of the Chieftaincy have no living issues or descendants of recognised ability, character and popular support, such a candidate shall be a true descendant of the female. (c) sons of a previous holder of the title."

Explanation / Scope

Chieftaincy declarations set criteria for candidates: male line members, female descendants only where no male exist, and sons of previous title holders. The principle applies to chieftaincy law. The rule ensures compliance with registered customary declarations. Candidates must meet the specified criteria. Deviations invalidate the selection process.

Cases Applying This Principle