LEGAL PRINCIPLE: CHIEFTAINCY LAW – Powers of Governor – Withdrawal of Recognition – Sections 9 and 14 Provide Separate and Independent Grounds
PRINCIPLE STATEMENT
It is manifest that section 9 confers power on the Governor to suspend or withdraw recognition of a Chief having regard to being satisfied of the conditions either under 9(a) or 9(b), while section 14 confers similar power on the Governor operating through his Commissioner after fulfilling the conditions in section 14(1) and 14(2). The wordings of the provisions of sections 9 and 14 do not admit of any ambiguity and should therefore be accorded their ordinary or literal meaning. There is no compelling reason for reading these two sections together when their ordinary meanings have not necessitated such communal reading.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Akuneziri v. Okenwa & Ors (2000) NLC-1261997(SC) at p. 15; Paras A–C.
"It is manifest that section 9 confers power on the Governor to suspend or withdraw recognition of a Chief having regard to being satisfied of the conditions either under 9(a) or 9(b), while section 14 confers similar power on the Governor operating through his Commissioner after fulfilling the conditions in section 14(1) and 14(2). The wordings of the provisions of sections 9 and 14 do not admit of any ambiguity and should therefore be accorded their ordinary or literal meaning. There is no compelling reason for reading these two sections together when their ordinary meanings have not necessitated such communal reading."
EXPLANATION / SCOPE
Sections 9 and 14 of the Chief’s Law create separate, independent, and alternative powers for withdrawal of recognition. Section 9 empowers the Governor to act directly upon his own satisfaction without prior inquiry or advice. Section 14 operates through the Commissioner following a formal inquiry process. These provisions are not cumulative or mutually dependent; the Governor may choose either route. The clear language precludes reading them together or implying requirements from one into the other. This separation gives the executive flexibility in handling chieftaincy matters based on circumstances.