CHIEFTAINCY LAW — Registered Declaration — Duty of Court — Application of Declaration
Ratio Decidendi
Per Onnoghen, JSC, in Adekeye & Ors v. Adekeye & Ors (Consolidated) (2010) NLC-123-216-2003(SC) at p. 25, paras. C–D:
"Where, therefore, there is a registered chieftaincy declaration, such as Exhibit 'G2', the duty of the court generally is to apply the provisions of the chieftaincy declaration to the facts of the case as established by pleadings and evidence as the court has no power to assume the functions of the chieftaincy committee as regards the making or amendment of customary law governing the selection and appointment of traditional chiefs."
Explanation / Scope
This principle establishes that where a registered chieftaincy declaration exists, the court’s duty is to apply its provisions to the facts established by pleadings and evidence. The court cannot assume the functions of the chieftaincy committee in making or amending customary law governing the selection and appointment of traditional chiefs. The principle applies in chieftaincy disputes. It ensures that the court respects the role of the chieftaincy committee. The principle reflects the separation of functions. It prevents courts from exceeding their jurisdiction. The court must apply the declaration as written. The principle provides guidance on the court’s duty regarding chieftaincy declarations.