CHIEFTAINCY LAW ā Registered Declarations ā Effect of Non-Registration of a Chieftaincy Declaration
Principle Statement
Where a statute requires a particular act to be performed, failure to perform it is delinquent conduct and constitutes non-compliance with the statutory provision. The consequences of non-compliance follow even if the statute does not specifically provide a sanction.
Ratio Decidendi (Source)
Per Tobi, JSC, in Adesanoye & Ors v. Adewole (2006) NLC-123-171-2004(SC) at p. 13; Paras DāE.
"Where a statute clearly provides for a particular act to be performed, failure to perform the act on the part of the party will not only be interpreted as a delinquent conduct but will be interpreted as not complying with the statutory provision. In such a situation, the consequences of non-compliance with the statutory provision follow notwithstanding that the statute did not specifically provide for a sanction."
Explanation / Scope
Failure to register a chieftaincy declaration as required by statute has legal consequences. The principle applies to chieftaincy law.
