LEGAL PRINCIPLE: EVIDENCE LAW — Proof of Custom — Exclusive Entitlement to Chieftaincy Stool Established by Uncontradicted Evidence of Unbroken Succession
PRINCIPLE STATEMENT
Since the establishment of Arandun in 1931 up till 1994, when the last Ejemu died a period of 63 years, the Ejemu who ruled Arandun were only chosen from the Imoji family compound. And when an attempt was made to change this, there was a big disturbance. This period of 63 years has clearly shown that the people of Arandun community have fully established and accepted the tradition of appointing the Ejemu from Imoji family.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Jolayemi & Ors v. Alaoye & Anor (2004) NLC-1062000(SC) at p. 16; Paras A–C.
"Since the establishment of Arandun in 1931 up till 1994, when the last Ejemu died a period of 63 years, the Ejemu who ruled Arandun were only chosen from the Imoji family compound. And when attempt was made to change this to the Imode family, there was a big disturbance which led to the interference of the Sole Administrator of the area and finally the dethroning of the person chosen from the Imode family. This period of 63 years to me, has clearly shown that the people of Arandun community have fully established and accepted the tradition of appointing the Ejemu for themselves and any attempt to change it will further disturb the peace there."
EXPLANATION / SCOPE
Uncontradicted evidence of unbroken succession over a long period establishes exclusive entitlement to a chieftaincy stool. A period of 63 years of consistent succession demonstrates established and accepted tradition. The principle applies to chieftaincy and customary law disputes. The court may rely on long practice to prove custom. An attempt to change the tradition causing disturbance confirms the established custom. The rule respects long-settled traditional practices.