LEGAL PRINCIPLE: CHIEFTAINCY LAW — Judicial Review in Chieftaincy — Scope of Chieftaincy Dispute Under Chiefs Law Distinguished
PRINCIPLE STATEMENT
Under section 22(3) of the Ondo State Chiefs Law, any dispute, even if it touches only the question of eligibility, must be submitted first to the prescribed authority for settlement and later to the Commissioner for chieftaincy matters.
RATIO DECIDENDI (SOURCE)
Per Oguntade, JSC, in Aribisala & Anor v. Ogunyemi & Ors (2005) NLC-2732000(SC) at pp. 13–14; Paras E–A.
"On a first look, it would appear that the definition of a 'chieftaincy question' under section 165 of the 1963 Constitution is quite wide. But when it is compared with section 22(3) of the Chiefs Law 1978, Ondo State, it is seen that the definition in the 1963 Constitution is narrower in scope. Under section 22(3) of Ondo State Chiefs Law, any dispute, even if it touches only the question of eligibility as the plaintiffs/appellants contended, must be submitted first to the prescribed authority for settlement and later to the Commissioner for chieftaincy matters."
EXPLANATION / SCOPE
Eligibility disputes in chieftaincy must follow statutory process through prescribed authority and Commissioner. The principle applies to chieftaincy law. The rule requires exhaustion of administrative remedies before court.
