LEGAL PRINCIPLE: ADMINISTRATIVE LAW — Subsidiary Legislation — Nature of Declaratory Orders Under Chieftaincy Edict
PRINCIPLE STATEMENT
The process by which a chieftaincy declaration is made is legislative. The declaration has the force of law and qualifies as a subsidiary legislation, since it derived its existence from the Edict and was made by the appropriate authority.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Nwaoboshi & Ors v. The Military Governor of Delta State & Ors (2003) NLC-731999(SC) at p. 7; Paras A–D.
"The process by which the declaration in question was made was without doubt, as I understand it, legislative. The declaration has the force of law and qualifies as a subsidiary legislation, since it derived its existence from the said Edict of 1979, and was made by the appropriate authority."
EXPLANATION / SCOPE
Chieftaincy declarations are subsidiary legislation with the force of law. The principle applies to administrative law. The rule confirms their legislative nature. The court will treat them as such. The principle is well-established.
