LEGAL PRINCIPLE: CHIEFTAINCY LAW – Appointment and Removal – Distinction Between Selection by Community and Recognition by Governor
PRINCIPLE STATEMENT
Under the Chieftaincy Law, the appointment or selection of the chief is a matter for the Community whilst recognition is a matter for the State Governor.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Akuneziri v. Okenwa & Ors (2000) NLC-1261997(SC) at p. 7; Para B.
"Under the Chieftaincy Law, the appointment or selection of the chief is a matter for the Community whilst recognition is a matter for the State Governor."
EXPLANATION / SCOPE
Chieftaincy law establishes a clear dichotomy: selection of a chief is a community function, while recognition is a state executive function. The community determines who becomes chief according to its customary law and tradition. The Governor’s role is to formally recognize—or withhold recognition from—the person so selected. Recognition confers official status, privileges, and legal standing. A person may be validly selected by the community but not recognized by the Governor; conversely, the Governor cannot impose recognition without community selection. This separation respects customary autonomy while maintaining state oversight.