LEGAL PRINCIPLE: CHIEFTAINCY LAW — Locus Standi in Chieftaincy Matters — Parameters for Instituting Action
PRINCIPLE STATEMENT
(a) A party may show that the right being asserted is that of his family by reason of hereditary interests. In such case, the family through representatives can bring the action. (b) A party may assert his own right to the chieftaincy stool, showing the nature of his interest. The Constitution gives him locus standi in such a case.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Ladejobi & Ors v. Oguntayo & Ors (2004) NLC-1732000(SC) at p. 18; Paras A–D.
"(a) A party may by his statement of claim and evidence show that the right that is being asserted is that of his family by reason of say their hereditary interests. In such a case, it is the family usually through their representatives who can bring the action on the premises that it is the civil right of the family that has been breached. (b) A party may be asserting his own right to the chieftaincy stool. What is required in that case is that his statement of claim and evidence that has been called should show the nature of his interest and his entitlements to the stool. In such a case what he is asserting is his own civil right to the stool and not that of his family and section 6(6)(b) of 1979 Constitution has expressly given him a locus standi in such a case."
EXPLANATION / SCOPE
Two bases for standing in chieftaincy matters: family hereditary interest (representative action) or personal right to stool (individual action). Statement of claim and evidence must show the nature of interest asserted. The principle applies to chieftaincy law. The rule clarifies standing parameters. Constitutional right to sue for personal civil right to stool is recognized. Family standing requires showing breach of family’s civil right.
