LEGAL PRINCIPLE: JURISDICTION – Jurisdiction of Court – Time of Accrual of Cause of Action – Chieftaincy Declaration Not Coming Into Effect Until Registration
PRINCIPLE STATEMENT
The Edict provides for making chieftaincy declarations which require Executive Council approval and registration; after registration, the declaration is deemed to be the customary law regulating selection; a declaration shall not come into effect until it is registered; the undisputed facts show the declaration was made on one date but not approved and registered until a later date; it is only after the latter date that the declaration came into effect and assumed force of law; only after that date does anyone aggrieved by the declaration have a cause of action to challenge it.
RATIO DECIDENDI (SOURCE)
"The Obas and Chiefs of Lagos Edict provides for the making of a chieftaincy declaration... Section 1 provides that the chieftaincy committee shall make a declaration in writing stating (1) the customary law regulating the selection of a person to be the Oba or a traditional chief of Lagos and (2) what the customary law shall contain. Section 2 empowers the Executive Council to approve a declaration made pursuant to section 1 and to register, after approval, the declaration. After registration, the declaration is deemed to be the customary law, to the exclusion of any other customary usage or rule, regulating the selection of a person to be the holder of the Obaship or chieftaincy. Section 2 also provides that a declaration shall not come into effect until it is registered in accordance with the Edict. Turning now to the case on hand, the undisputed facts are that the chieftaincy committee of the Lagos Island Local Government made Exhibit P2 (the chieftaincy declaration in respect of the Eletu-Iwase title) on 20th August 1979. The declaration was not approved by the Executive Council until 7th August 1980 and registered. It is only after the latter date that Exhibit P2 came into effect, that is, that it assumed force of law. In my respectful view it is only after that date that anyone aggrieved by Exhibit P2 has a cause of action to challenge it."
EXPLANATION / SCOPE
Chieftaincy declarations require three stages: (1) Making—committee drafts declaration; (2) Approval—Executive Council approves; (3) Registration—declaration is registered. Effect occurs only after registration—before then, declaration has no legal force. Registration is condition precedent to: declaration becoming law, binding effect, and creating rights/obligations. Cause of action to challenge declaration accrues only when: declaration comes into effect (after registration), it assumes force of law, and aggrieved persons are affected. Before registration: declaration is merely proposal without legal effect, no rights are violated, and no cause of action exists. This timing matters for: jurisdiction determination (Principle 492—applicable law at cause accrual), limitation periods (run from when cause arose), and standing (grievance exists only after legal effect). The principle applies statutory interpretation: “shall not come into effect until registered” is clear—no legal force before registration. This serves: ensuring only properly approved and registered declarations have effect, preventing premature challenges to incomplete processes, and establishing clear point when legal obligations arise. Courts must distinguish: date of making (no legal effect) from date of registration (legal effect begins, cause of action accrues).