CONSTITUTIONAL LAW ā Supremacy of the Constitution ā Chieftaincy Declaration ā Inconsistency with Constitutional Provisions
Principle Statement
It is settled that any law (including a chieftaincy Declaration) of a State which amounts to a removal or purports to remove Chieftaincy questions or matters from the jurisdiction of a State High Court, is obviously, inconsistent with the provisions of Section 236(1) of the 1979 Constitution of the Federal Republic of Nigeria.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Balogun & Ors v. Ode & Ors (2007) NLC-123-107-1999(SC) at pp. 7ā8; Paras EāA.
"It is settled that any law (including a chieftaincy Declaration) of a State which amounts to a removal or purports to remove Chieftaincy questions or matters from the jurisdiction of a State High Court, is obviously, inconsistent with the provisions of Section 236(1) of the 1979 Constitution of the Federal Republic of Nigeria."
Explanation / Scope
This principle establishes that chieftaincy declarations, as subsidiary legislation, cannot oust the jurisdiction of State High Courts over chieftaincy matters. Any provision in a chieftaincy declaration purporting to remove such matters from court jurisdiction is inconsistent with Section 236(1) of the Constitution and void. The principle ensures that citizens have access to courts for chieftaincy disputes. It applies to all chieftaincy declarations and State laws. The court must examine whether the declaration attempts to oust jurisdiction. The Constitution prevails over any such attempt. This protects the constitutional right to judicial review.
