LEGAL PRINCIPLE: CHIEFTAINCY LAW — Minor Chieftaincy — Effect of Declaration — Declaration Ceases to Be Customary Law Regulating Selection
PRINCIPLE STATEMENT
Where a chieftaincy becomes a minor chieftaincy by an order, it is no longer subject to Part 2 of the Chiefs Law, and any declaration in respect of the chieftaincy can no longer be deemed the customary law regulating selection to the exclusion of other customary usage.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Mosoju v. Oyetayo & Ors (2003) NLC-761999(SC) at p. 5; Paras A–B.
"There is no doubt that by the provisions of the Recognised Chieftaincies (Revocation and Miscellaneous Provisions) Order 1976 (W.S.L.N. 6 of 1976), the Obasinkin Chieftaincy became a minor chieftaincy and it is no more a recognized Chieftaincy. As such it is no longer subject to Part 2 of Chiefs Law and consequently any declaration in respect of the Chieftaincy, in this case exhibit D, can no longer be deemed to be the customary law regulating the selection of a person to be holder of that chieftaincy to the exclusion of other customary usage or rule."
EXPLANATION / SCOPE
A minor chieftaincy is not governed by the statutory declaration. Other customary usages may apply. The principle applies to chieftaincy law. The declaration ceases to be exclusive. The rule recognises changes in chieftaincy status. The court will apply relevant customary law. The principle is well-established.