LEGAL PRINCIPLE: CHIEFTAINCY LAW — Registered Chieftaincy Declaration — Conclusive Evidence of Customary Law
PRINCIPLE STATEMENT
A Chieftaincy Declaration made under the Chiefs' Law, 1978 is the customary law in force in the area which it covers. By section 11(2) of the Chiefs' Law, 1978, such declaration continues to have effect until it is amended and the amended declaration is registered.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Fasade & Ors v. Babalola & Anor (2003) NLC-1901997(SC) at pp. 14–15; Paras A–B.
"A Chieftaincy Declaration made under the Chiefs' Law, 1978 is the customary law in force in the area which it covers. By section 11(2) of the Chiefs' Law, 1978 such declaration continues to have effect until it is amended and the amended Declaration is registered."
EXPLANATION / SCOPE
A registered chieftaincy declaration is conclusive evidence of customary law. The principle applies to chieftaincy matters. The declaration has statutory force. The rule continues until amended. The court will enforce the declaration. The principle is well-established.