CHIEFTAINCY LAW ā Registered Declaration ā Power of Court to Set Aside
Principle Statement
The courts have the competence to examine whether a chieftaincy declaration is really in conformity with prevailing customary law and to declare it invalid if it does not.
Ratio Decidendi (Source)
Per Musdapher, JSC, in Mafimisebi & Anor v. Ehuwa & Ors (2007) NLC-123-160-1995(SC) at p. 13; Paras DāE.
"The courts have the competence to see whether a chieftaincy declaration such as Exhibit A is really in conformity with prevailing customary law and accordingly declare it invalid if it does not."
Explanation / Scope
This principle reinforces the court’s supervisory role over chieftaincy declarations. A registered declaration is not conclusive evidence of customary law; it is a restatement that must accurately reflect the customs and traditions of the community. If evidence establishes that the declaration departs from established customary law, the court has the power to declare it invalid. This ensures that customary law is not distorted or manipulated through administrative processes.
