LEGAL PRINCIPLE: CHIEFTAINCY LAW – Powers of Governor – Withdrawal of Recognition – Governor’s Power to Act on Own Satisfaction
PRINCIPLE STATEMENT
I do not see any difficulty or ambiguity in construing the meaning of Sections 9 and 14 of the Chief's Law. It is plain that Section 9 did not provide for seeking such advice. The Edict by the provisions of section 9 vest on the Military Administrator, the power to suspend or withdraw recognition of a recognised chief once he is satisfied that it is necessary so to do either because of persistent violation of the code of conduct by the Chief in relation to the customary law of his community or in the interest of peace, order and good government.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Akuneziri v. Okenwa & Ors (2000) NLC-1261997(SC) at pp. 7–8; Paras A–B.
"I do not see any difficulty or ambiguity in construing the meaning of Sections 9 and 14 of the Chief's Law. It is plain that Section 9 did not provide for seeking such advice. The Edict by the provisions of section 9 vest on the Military Administrator, the power to suspend or withdraw recognition of a recognised chief once he is satisfied that it is necessary so to do either because of persistent violation of the code of conduct by the Chief in relation to the customary law of his community or in the interest of peace, order and good government."
EXPLANATION / SCOPE
Section 9 of the Chief’s Law confers on the Governor (or Military Administrator) independent power to withdraw recognition of a chief based solely on his own satisfaction. No requirement exists to seek advice or follow any prescribed procedure before acting under this section. The conditions triggering this power are: (a) persistent violation of the code of conduct under customary law, or (b) interest of peace, order, and good government. The Governor’s satisfaction is subjective, provided it is exercised in good faith. This provision grants the executive broad discretion in chieftaincy matters affecting public order.