CHIEFTAINCY LAW — Chieftaincy Succession — Revocation of Declaration by Subsequent Order
Principle Statement
Where a subsequent legislation or Order revokes an earlier one, courts have no jurisdiction to rely on the revoked legislation. A revoked legislation has no force of law from the date of revocation, and a court cannot revive it.
Ratio Decidendi (Source)
Per Tobi, JSC, in Adesanoye & Ors v. Adewole (2006) NLC-123-171-2004(SC) at p. 17; Paras A–B.
"Where a subsequent legislation or Order revokes an earlier legislation or Order, Courts of law do not have the jurisdiction to still rely on the revoked legislation or Order. It is trite law that a revoked legislation or Order has no more force of law from the date of the revocation and a Court cannot by its interpretative jurisdiction revive the revoked legislation because it is moribund or dead from the date of the revocation."
Explanation / Scope
Revoked legislation is dead and cannot be revived by courts. The principle applies to chieftaincy law.
