CUSTOMARY LAW — Chieftaincy Disputes — Uninterrupted Succession — Evidence of Recent Past
Ratio Decidendi
Per Aderemi, JSC, in Salawu & Anor v. Yusuf & Ors (2007) NLC-123-107-2002(SC) at pp. 12–13; Paras E–A:
"The evidence of uninterrupted succession of the 2nd respondent's family at all times within living memory qualifies as evidence of a long interregnum of over 30 years during which the appellants' family could have filled the vacancy if they were entitled to the throne but this was not to be so until a candidate of the 2nd respondent became of age and was appointed to occupy the stool."
Explanation / Scope
Uninterrupted succession by one family over a long period is strong evidence of their entitlement to a chieftaincy stool. Where a rival family fails to fill a vacancy for over 30 years, it supports the conclusion that they have no right to the stool. Evidence of recent past and living memory is highly probative in chieftaincy disputes.