LEGAL PRINCIPLE: CHIEFTAINCY LAW – Powers of Governor – Withdrawal of Recognition – Governor May Act on Report of Panel of Inquiry
PRINCIPLE STATEMENT
It cannot be disputed, on the law, that the Military Governor under section 18(4) of the said law No. 11 of 1981 is fully entitled to withdraw the recognition of the respondent, with or without White Paper, if, after an inquiry set up by him, he is satisfied that the traditional ruler concerned has ceased to enjoy the popular support of his community. This is what happened in the present case and I am unable to fault this exercise of discretion by the Imo State Military Governor in the instant case.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Akuneziri v. Okenwa & Ors (2000) NLC-1261997(SC) at pp. 8–9; Paras E–A.
"It cannot be disputed, on the law, that the Military Governor under section 18(4) of the said law No. 11 of 1981 is fully entitled to withdraw the recognition of the respondent, with or without White Paper, if, after an inquiry set up by him, he is satisfied that the traditional ruler concerned has ceased to enjoy the popular support of his community. This is what happened in the present case and I am unable to fault this exercise of discretion by the Imo State Military Governor in the instant case."
EXPLANATION / SCOPE
The Governor may withdraw recognition of a traditional ruler based on the findings of a panel of inquiry, even without adopting the findings in a formal White Paper. What matters is the Governor’s satisfaction—formed after inquiry—that the ruler has lost popular community support. The inquiry panel’s report provides the evidentiary basis; the Governor is not bound to accept all recommendations but must form an independent satisfaction. This flexible approach allows the executive to act on investigative findings without the procedural formality of a White Paper, provided the prerequisite inquiry was conducted and the Governor’s satisfaction is genuine.