CHIEFTAINCY LAW — Registered Declaration — Completeness of Declaration — No Lacuna to be Filled by Extrinsic Evidence
Ratio Decidendi
Per Onnoghen, JSC, in Adekeye & Ors v. Adekeye & Ors (Consolidated) (2010) NLC-123-216-2003(SC) at p. 29, paras. B–D:
"Exhibit 'G2' is complete as it is and without any lacuna to be filled by extrinsic evidence, granted that the fact of the lacuna and the customary law needed to fill same had been pleaded... Where there is the need to amend a Registered Chieftaincy Declaration so as to bring it in line with the current trend in the customary law of the people, it is the duty of the executive arm of government to do so."
Explanation / Scope
This principle establishes that a registered chieftaincy declaration that is complete cannot be supplemented by extrinsic evidence, even where the customary law needed to fill a lacuna has been pleaded. Where a declaration requires amendment to align with current customary law, it is the executive arm of government that must effect the amendment, not the court. The principle applies in chieftaincy disputes involving registered declarations. It ensures that the declaration is applied as written. The principle reflects the separation of powers. It prevents courts from usurping executive functions. The court must apply the declaration as it stands. The principle provides guidance on the completeness of chieftaincy declarations.