LEGAL PRINCIPLE: CUSTOMARY LAW — Chieftaincy — Onus on Plaintiff to Prove Valid Nomination and Appointment in Accordance with Customary Law
PRINCIPLE STATEMENT
The onus is on the plaintiff in a claim for chieftaincy declaration to prove that the claimant of the title was validly nominated and appointed in accordance with customary law relating to the chieftaincy.
RATIO DECIDENDI (SOURCE)
Per Adio, JSC, in Oba Moshood Osuolale Adeyeri II & Ors v. Aderibigbe Atanda & Ors (1995) NLC-2181989(SC) at p. 26; Para. E.
"The onus is on the plaintiff in a claim for chieftaincy declaration to prove that the claimant of the title was validly nominated and appointed in accordance with customary law relating to the chieftaincy."
EXPLANATION / SCOPE
The plaintiff in a chieftaincy declaration claim bears the burden of proving valid nomination and appointment under customary law. The principle applies to all chieftaincy disputes. The plaintiff must adduce evidence of the custom and compliance with it. The rule protects the integrity of chieftaincy succession. The court will not assume compliance. The plaintiff must prove the customary law and its application.