LEGAL PRINCIPLE: CUSTOMARY LAW – Chieftaincy Disputes – Proof of Paramountcy/Rulership (acts of rulership; analogy to possession)
PRINCIPLE STATEMENT
In a chieftaincy dispute, the onus is on the plaintiff to prove acts of rulership over the entire area, just as a plaintiff in a land case must show acts of possession or enjoyment of land to prove title.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Omoborinola v. Military Governor of Ondo State (1998) NLC-1581995(SC) at pp. 22–23; Paras D–A.
"In other words, the onus was squarely on the plaintiff to have proved his acts of rulership of the entire Oka, just in the same way as plaintiff in a land case is expected to show acts of possession or enjoyment of land to prove his title to the land in dispute."
EXPLANATION / SCOPE
Proof of chieftaincy title requires evidence of acts of rulership. The principle applies the analogy of proof of title to land. The plaintiff must demonstrate exercise of authority. The court will evaluate the evidence. The rule protects the integrity of chieftaincy claims. The claimant must show customary acceptance and recognition. The principle promotes proper proof.