LEGAL PRINCIPLE: CHIEFTAINCY LAW — Chieftaincy Disputes — Ouster of Court’s Jurisdiction — Section 24 of Chiefs Law
PRINCIPLE STATEMENT
Section 24 of the Chiefs Law, Cap. 19 Laws of Western Region of Nigeria 1959 stipulated that no court shall have jurisdiction to entertain any civil cause or matter instituted for the determination of any question relating to the selection, appointment, installation, deposition, suspension or abdication of a Chief, or for the recovery or delivery up of any property in connection therewith.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in The Governor of Oyo State v. Oba Ololade Folayan (1995) NLC-2561989(SC) at p. 49; Paras. A–C.
"Section 24 of the Chiefs Law, Cap. 19 Laws of Western Region of Nigeria 1959 stipulated that no court shall have jurisdiction to entertain any civil cause or matter instituted for the determination of any question relating to the selection, appointment, installation, deposition, suspension or abdication of a Chief, or instituted for the recovery or delivery up of any property in connection therewith."
EXPLANATION / SCOPE
The Chiefs Law ousted court jurisdiction over chieftaincy matters. The provision was absolute. The principle applied to all chieftaincy disputes. The court could not entertain such matters. The rule was based on the 1963 Constitution. The ouster clause was effective. The court would strike out chieftaincy claims. The principle is no longer applicable under the 1979 and 1999 Constitutions. The historical context is important.