LEGAL PRINCIPLE: CHIEFTAINCY LAW — Kingmakers Meeting — Absence of Qualified Chief — Effect on Validity of Selection
PRINCIPLE STATEMENT
Where there is no qualified chief to perform customary rites, the absence of such a chief cannot invalidate the selection. It would be absurd to say no valid appointment could be made without a chief who does not exist.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Owoyemi v. Adekoya & Ors (2003) NLC-1041998(SC) at pp. 14–15; Paras E–A.
"Since there was no such qualified chief, the chief elect having failed to complete the customary rites, no Olotu Ashipa could reasonably be expected to participate in the exercise. ... it would be absurd to say no valid appointment of the Dagburewe could be made without the Olotu Ashipa."
EXPLANATION / SCOPE
Absence of a non-existent qualified chief does not invalidate selection. The principle applies to chieftaincy law. Customary law must be applied sensibly. The rule prevents absurd results. The court will not require impossible conditions. The principle is well-established.
