LEGAL PRINCIPLE: CHIEFTAINCY LAW — Registered Declarations — Effect of De-Recognition on Kingmaker Status
PRINCIPLE STATEMENT
With the de-recognition of a chieftaincy and its demotion to a minor chieftaincy, it is absurd to maintain a situation where the prescribed authority also serves as a kingmaker.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Lipede & & Ors v. Sonekan & Anor (1995) NLC-721989(SC) at p. 11; Paras. C–D.
"With the de-recognition of the chieftaincy and its demotion to a minor chieftaincy, the Alake of Egbaland became the prescribed authority. It will be absurd therefore to maintain a situation where the Alake shall be the prescribed authority as well as a kingmaker, both rolled into one."
EXPLANATION / SCOPE
When a chieftaincy is de-recognised and demoted, the prescribed authority cannot simultaneously act as a kingmaker. The principle applies to chieftaincy disputes. The roles are incompatible. The rule prevents conflict of interest. The court will examine the effect of de-recognition. The prescribed authority must act neutrally. The principle ensures proper administration of chieftaincy affairs.