LEGAL PRINCIPLE: CHIEFTAINCY LAW – Selection of Traditional Rulers – Interpretation of “Selectors Present” and “Largest Number of Votes”
PRINCIPLE STATEMENT
A simple grammatical construction of the expression 'the selectors present' and 'largest number of votes' would mean the requirement of quorum of seven and valid majority of votes respectively; in the instant case, the appellant with 4 votes still has a majority over respondent with only 3 votes; there can be no doubt that appellant was properly and validly selected; the election, on the facts found, was conducted in substantial compliance with the provision.
RATIO DECIDENDI (SOURCE)
"A simple grammatical construction of the expression, 'the selectors present' and 'Largest number of votes' in Exhibit 6 reproduced above would mean the requirement of the quorum of seven and the valid majority of votes respectively. In the instant case, the Appellant with 4 votes still has a majority over the Respondent with only 3 votes. There can be no doubt that the Appellant was properly and validly selected the Oriye Rindre of Wamba. The election, on the facts found was conducted in substantial compliance with the provision of Exhibit 6."
EXPLANATION / SCOPE
This reinforces Principle 534 through grammatical interpretation. “Selectors present” means those actually present and participating—establishes quorum. “Largest number of votes” means simple majority—candidate with most votes wins. Here: 4 votes exceeds 3 votes = largest number achieved. Substantial compliance: Selection substantially complied with requirements when: quorum met, majority achieved, and essential procedures followed—despite technical disputes. This serves: interpreting chieftaincy declarations reasonably, applying common sense to voting requirements, and upholding valid selections. “Properly and validly selected” means: met essential requirements, achieved necessary majority, and selection is legally effective. Courts apply: plain language interpretation to selection rules, mathematical certainty to vote counting, and substantial compliance standard to procedural requirements. The principle validates: selections meeting essential requirements, candidates achieving clear majorities, and processes substantially following prescribed procedures. This prevents: invalidation over technical disputes when substance is satisfied, endless challenges to clear outcomes, and formalistic defeats of valid selections. Substantial compliance focuses on: essential requirements being met, not perfect adherence to every detail.