Ratio Decidendi

Per Adekeye, JSC, in Arowolo v. Olowookere & Ors (2011) NLC-123-200-2003(SC) at pp. 11—12; Paras C—A:

"The right of a plaintiff to sue in a chieftaincy contest may arise in two different ways: (a) The plaintiff may by his statement of claim and evidence show that the right that is being asserted is that of his family by reason of say their hereditary interest. In this type of case, it is the family usually through their representative who can bring this action on the premise that it is the civil right of the family that has been pleaded. (b) The plaintiff may assert his own right to the chieftaincy stool. What is required in such a case is that his statements of claim and evidence, if evidence has been called, should show the nature of his interest and his entitlement of the stool. In such case, he has locus standi by virtue of section 6 (6) (b) of the 1999 Constitution."
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Explanation / Scope

This principle establishes the two ways a plaintiff may establish locus standi in chieftaincy contests: (a) asserting the family’s hereditary right through a representative; or (b) asserting their own right to the stool by showing their interest and entitlement. The principle applies in chieftaincy disputes. It ensures that parties with standing can sue. The principle reflects the requirements for locus standi. It prevents claims by parties without standing. The court must examine the pleadings and evidence. The principle provides guidance on locus standi in chieftaincy matters.

Cases Applying This Principle

Chief Gafaru Arowolo v. Chief Sunday Olowookere & Ors