LEGAL PRINCIPLE: CHIEFTAINCY LAW — Registered Chieftaincy Declaration — Precedence Over Oral Evidence
PRINCIPLE STATEMENT
The registered declaration is the admissible evidence of the customary law and is conclusive so long as it remains the subsisting declaration. Such a declaration having derived its existence from the relevant Chiefs Law has statutory force.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Fasade & Ors v. Babalola & Anor (2003) NLC-1901997(SC) at p. 8; Paras B–C.
"The registered declaration is the admissible evidence of the customary law and is conclusive so long as it remains the subsisting declaration. Such a declaration having derived its existence from the relevant Chiefs Law has statutory force."
EXPLANATION / SCOPE
A registered declaration prevails over oral evidence of custom. The principle applies to chieftaincy law. The declaration has statutory force. The rule ensures certainty. Oral evidence cannot contradict a subsisting declaration. The principle is well-established.