CHIEFTAINCY LAW — Judicial Review in Chieftaincy — Jurisdiction of High Court to Grant Declaratory Reliefs
Principle Statement
High Courts have jurisdiction to grant declaratory reliefs in chieftaincy matters and they exercise that jurisdiction without equivocation. Reliefs that seek a finding of what the applicable customary law is in respect of a chieftaincy are within that jurisdiction.
Ratio Decidendi (Source)
Per Tobi, JSC, in Okomalu v. Akinbode (2006) NLC-123-256-2001(SC) at p. 10; Paras B–D.
"It is elementary law that High Courts have jurisdiction to grant declaratory reliefs in chieftaincy matters and they exercise that jurisdiction without equivocation. … I have carefully examined the three reliefs and I have no difficulty in coming to the conclusion that they have nothing to do with declarations of customary law relating to the selection of chiefs; rather they are all to do with making a finding of what the applicable customary law is in respect of the Baale of Osegere Chieftaincy."
Explanation / Scope
High Courts have jurisdiction to declare applicable customary law in chieftaincy matters. Declarations of what the custom is are permissible. The principle applies to chieftaincy law.
