OBAS AND CHIEFS OF LAGOS STATE LAW

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

OBAS AND CHIEFS OF LAGOS STATE LAW

ARRANGEMENT OF SECTIONS

PART 1

1.     Exemption of official residence of recognised traditional chiefs from rates levied under Local Government Law.

PART 2

2.     Application of sections 6–23, 26–29 and 42–45 to declaration in respect of Obaship.

3.     Competent Council.

4.     Declaration of Customary Law relating to selection of an Oba or a recognised Chief.

5.     Chieftaincy Committee to make recommendation.

6.     Functions of State Council of Chiefs.

7.     Power of Governor with respect to declaration.

8.     Registration of declaration.

9.     Declarations deemed to be State Customary Law.

10.    Amendment or replacement of defective or faulty registered declaration.

11.    Registration of declarations amended or replaced and effect of registration.

12.    Amendment or replacement of registered declaration permissible only once.

13.    Savings.

14.    Qualification and disqualification of candidates.

15.    Procedures to fill vacancies in a ruling house chieftaincy.

16.    Procedure to fill vacancies in other chieftaincies.

17.    Default in performance of functions.

18.    Consent of other persons.

19.    Council Manager to inform Commissioner of appointment.

20.    Approval of appointment.

21.    Offences.

PART 3

22.    Chieftaincy Committee to approve appointment and determine dispute as to customary chiefs.

23.    Offences relating to unlawful installation of customary Chiefs.

PART 4

24.    Competent authority.

25.    Creation of recognised chieftaincy titles.

26.    Consideration and decision by the Governor.

27.    Registration of recognised chieftaincy title and declaration of customary law in selection to it.

28.    Creation of customary chieftaincies.

29.    Register of customary chieftaincies.

30.    Custody of register of customary chiefs.

31.    Creation and conferment of honorary chieftaincies.

32.    Honorary titles not to be duplicated.

33.    Creation of titles in specified area other than in accordance with this law to be unlawful.

34.    Offences.

PART 5

35.    Inquiries.

36.    Suspension and deposition of Chiefs.

37.    Restriction of suspended Chief.

38.    Rules as to representations.

39.    Delegation of powers.

PART 6

40.    Repeals.

41.    Effect of Declaration under repealed enactments.

42.    Appointment under repeal enactments.

43.    Appointment in absence of declaration.

44.    Interpretation.

45.    Citation

SCHEDULE

CHAPTER O2

OBAS AND CHIEFS OF LAGOS STATE LAW

A LAW TO PROVIDE FOR AN APPROVED METHOD FOR THE SELECTION, APPOINTMENT AND RECOGNITION OF OBAS AND CHIEFS IN LAGOS STATE AND FOR PURPOSES INCIDENTAL AND SUPPLEMENTARY TO IT.

[1981 No.6.]

[Commencement]               [18th November 1981]

PART 1 – Introductory

1.     Exemption of official residence of recognised traditional Chief from rates levied under Local Government Law

(1)    An Afin will, while it remains the official residence of an Oba be exempt from rates levied under the provision of the Local Government Law.

(2)    An ‘‘Iga’’ or ‘‘Awanu’’ will while it remains the official residence of recognised traditional Chief, be exempt from rates levied under the provisions of the Local Government Law.

(3)    The Afin or Iga or Awanu may be maintained with the consent of the Oba or traditionally recognised Chief, in such manner as may be approved by the Commissioner at public expence and with the moneys to be provided by the competent Council.

PART 2 – Obas and Recognised Chiefs

2.     Application of sections 4–21, 24–27 and 40–43 to federation in respect of obaship

The provisions of sections 4–21, 24–27 and 40–43 will apply to declarations in respect of Obaships and recognised chieftaincies, and references in those sections to ‘‘recognised chief’’, ‘‘recognised chieftaincy’’ or ‘‘Ruling house chieftaincy’’ will be construed as references also ‘‘Oba’’ ‘‘Obaship’’ or ‘‘ruling house Obaship’’ respectively.

3.     Competent Council

The Commissioner may by order designate a Local Government Council as the competent Council in respect of any Chieftaincy.

4.     Declarations of Customary Law relating to selection of an Oba or a recognised Chief

(1)    Subject to the provisions of this Law, a chieftaincy committee—

(a)    may; and

(b)    will, if so required by the Commissioner, make a declaration in writing stating the customary law which regulates the selection of a person to be an Oba or holder of a recognised chieftaincy.

(2)    In the cases of a ruling house chieftaincy, the declaration will include—

(a)    a statement of the customary law relating to the following matters:

(i)     the number of ruling houses, and the identity of each such ruling house;

(ii)    where there are two or more ruling houses the order of rotation in which the respective ruling houses are entitled to provide candidates to fill successive vacancies in the chieftaincy;

(iii)    the persons who may be proposed as candidates by a ruling house entitled to fill a vacancy in the chieftaincy;

(iv)   the number and identity of the kingmakers;

(v)    the method of nomination by each ruling house; and

(vi)   the identity of any other person whose consent is required to an appointment made by the kingmakers, and the usage regulating the granting or withholding of such consent; provided that the consent of any person or authority outside Lagos State shall not be required; and

(b)    where the right of providing candidates has not been exercised under customary law in accordance with an ascertainable order of rotation, the recommendation of the chieftaincy committee as to the order in which the ruling houses should exercise that right after the coming into effect of the declaration.

(3)    In the case of a recognised chieftaincy other than a ruling house chieftaincy, the declaration will contain a sufficient description of the method of selection of the holder of the chieftaincy.

5.     Chieftaincy Committee to make recommendations

(1)    In every competent council area there will be constituted by virtue of the provisions of this section, a chieftaincy committee which will be a Sub-Committee of the State Council of Chiefs for the purpose of making declarations under section 4.

(2)    The chieftaincy committee will be composed of a Chairman, and all the recognised chiefs within the area of authority of the competent Council.

(3)    Where the Chieftaincy Committee makes a declaration such declaration must be transmitted to the State Council of Chiefs which may make such comments for consideration by the Commissioner as it thinks fit.

(4)    Where—

(a)    the number of recognised chiefs of the Chieftaincy Committee is for the time being less than three (3); or

(b)    more than half of the recognised chiefs in the area of authority of the Council are for the time being unable to sit by reason of a vacancy in any of the offices the holders of which are members or by reason that the appointment of any person to any of those offices has not been approved under the Law, the State Council of Chiefs may exercise the powers conferred on the Chieftaincy Committee by virtue of section 5 instead of the Chieftaincy Committee.

(5)    Subject to the provisions of this section, the Commissioner may make, vary or revoke the standing orders with respect to the chairmanship, quorum, place of meeting and proceedings of any Committee or Committees constituted by this section.

6.     Functions of State Council of Chiefs

(1)    The State Council of Chiefs must send to the Commissioner in respect of any recognised chieftaincy—

(a)    any declaration made by the chieftaincy committee; and

(b)    any comment made by the State Council of Chiefs with respect to that declaration, and the Commissioner will submit them to the Governor.

(2)    Where it appears to the Commissioner that a declaration received—

(a)    does not contain the matters required to be included by section 4; or

(b)    does not otherwise contain a sufficiently clear statement of Customary Law relating to any matter in respect of which it is made, the Commissioner may direct the State Council of Chiefs to request the Chieftaincy Committee to amend the declaration or make a new declaration.

7.     Power of Governor with respect to declarations

(1)    The Governor may approve or refuse to approve a declaration made by the Chieftaincy Committee.

(2)    Before exercising his powers under subsection (1) of this section, the Governor may—

(a)    cause an inquiry to be held at such times and in such places and by such person or persons as the Governor may consider necessary or desirable; or

(b)    whether or not an inquiry has been held, require the Chieftaincy Committee to amend the declaration in any respect that the Governor may specify.

(3)    Where, in respect of a chieftaincy—

(a)    a chieftaincy committee fails to make a declaration within six (6) months of being required to do so in accordance with section 4; or

(b)    a Chieftaincy Committee fails to amend the declaration in the respect specified by the Governor within one month of being required to do so in accordance with subsection (2) of this section the Governor may make a declaration in respect of that chieftaincy in accordance with the powers conferred on the chieftaincy committee.

(4)    Before exercising any of the powers conferred by subsection (3) of this section, the Governor may cause such inquiries to be held in accordance with section 35 as may appear to be necessary or desirable.

(5)    Upon a declaration in respect of a chieftaincy being made by the Governor, every declaration made under this Law or the repealed Law relating to that chieftaincy that is not approved, will be void and of no effect.

(6)    The provisions of the Tribunal of Inquiry Law will apply in relation to an inquiry under this Law.

8. Registration of declaration

(1)    Every declaration made by the Chieftaincy Committee and approved by the Governor and every declaration made by the Governor must be registered and retained in safe custody by such officer of the Government of Lagos State as the Governor may direct.

(2)    No declaration will come into effect until it is so registered.

9.     Declarations deemed to be State Customary Law

Where a declaration in respect of a recognised chieftaincy is registered under this section, the matters stated in it will be deemed to be the customary law regulating the selection of a person to be the holder of the recognised chieftaincy to the exclusion of any other customary usage or rule.

10.    Amendment or replacement of defective or faulty registered declaration

(1)    Where the Governor is satisfied that a registered declaration—

(a)    does not contain a true or sufficiently clear statement of the customary law which regulates the selection of a person to be the holder of a recognised chieftaincy; or

(b)    does not contain a sufficient description of the method of selection of the holder of such recognised chieftaincy; or

(c)    contains any error whether as to its form or substance; or

(d)    is otherwise defective, faulty or objectionable having regard to the provisions of this law, the Governor may require the chieftaincy committee to amend such declaration in any respect that the Governor may specify or to make a new declaration, as the Governor may consider necessary or desirable in each case.

(2)    The Governor may approve or refuse to approve an amended registered declaration or a new declaration made by a chieftaincy committee under subsection (1) of this section.

(3)    Where a Chieftaincy Committee fails to amend a registered declaration in the respects specified by the Governor, or to make a new declaration within one month of its being required so to do in accordance with subsection (1) of this section, the Governor may amend the registered declaration in respect of the recognised chieftaincy concerned in accordance with the powers conferred on the chieftaincy committee under this Law.

(4)    The provisions relating to functions of the Commissioner will apply mutatis mutandis in respect of any amendment to a registered declaration or any new declaration made by a chieftaincy committee under subsection (1) of this section.

11.    Registration of declarations amended or replaced, and effect of Registration

(1)    Any registered declaration amended or new declaration made by a Chieftaincy Committee and approved by the Governor, and any registered declaration amended or new declaration made by the Governor under section 10 must be registered or reregistered, as the case may be and retained in safe custody of the Commissioner.

(2)    No amended or a new declaration made will come into effect until it has been re-registered or registered, as the case may be, in accordance with subsection (1) of this section, and upon being so re-registered or registered, such declaration will be deemed to contain to the customary law, regulating the selection of a person to be the holder of the recognised chieftaincy to which it relates to the exclusion of any other customary usage or rule out any other declaration that may have been or registered under any written Law.

12.    Amendment or replacement of registered declaration permissible only once

Upon a registered declaration being amended and re-registered or a new declaration being made and registered in accordance with the provisions of sections 10 and 11 of this Law, the powers or duties conferred or imposed by section 10 or 11 upon any person or authority will cease absolutely to be exercisable or capable of being discharged by any person or authority in respect of any recognised chieftaincy to which such re-registered or new declaration relates.

13.    Savings

Nothing contained in sections 10–12 and in particular no amendment or reregistration of a registered declaration or making and registration of a new declaration, in accordance with the provisions of those sections, will by itself alone affect the validity of any selection, appointment, approval, or setting aside of any selection or appointment, of any holder of an obaship or a recognised chieftaincy, or any other thing whatsoever made, given or done by any person or any authority in accordance with the provisions of this Law, and before any such amendment or re-registration of a new declaration as aforesaid.

14.    Qualification and disqualification of candidates

(1)    Subject to the provisions of subsection (2) of this section, a person will be qualified to be a candidate to fill a vacancy in a recognised chieftaincy if—

(a)    the person is proposed by the ruling house or the persons having the right to nominate the candidate according to customary law; and

(b) (i)the person is a person whom the ruling house or the persons having the right to nominate candidates are entitled to propose, according to customary law, as a candidate; or

(ii)    in case of a ruling house Chieftaincy, the person is a descendant of a previous holder of that ruling house chieftaincy.

(2)    No person will be qualified to be a candidate for a recognised chieftaincy who—

(a)    suffers from serious physical deformity; or

(b)    has, under any law in force in Nigeria been found or declared to be a lunatic or adjudged to be of unsound mind;

(c)    has been convicted of an offence involving dishonesty or moral turpitude and sentenced to imprisonment therefor and has not been granted a free pardon;

(d)    is an undischarged bankrupt.

15.    Procedure to fill vacancies in a ruling house chieftaincy

(1)    Where a vacancy occurs in a ruling house chieftaincy and declaration has effect with respect to that chieftaincy—

(a)    the Council Manager of the competent Council will announce the name of the ruling house entitled according to customary law to provide candidates to fill that vacancy;

(b)    not later than thirty (30) days after the announcement by the Council Manager the members of the ruling house, acting either jointly or severally, will submit the name of a candidate or candidates to the kingmakers;

(c)    if within the time provided by paragraph (b) of this subsection, the ruling house named in the announcement fails to submit the name or names of a candidate, and there are more than one ruling house, the Council Manager will make an announcement accordingly and the ruling house next entitled according to the order of rotation contained in the declaration will be entitled to submit a name or names within the period of thirty days immediately following such announcement, and so on according to the same procedure, until the name of a candidate or candidate is submitted to the kingmakers;

(d)    within not more than seven (7) days after the submission of the name of a candidate or candidates the kingmakers will proceed to select a person to fill the vacancy in accordance with the provision of paragraph (e) of this subsection;

(e) (i)if the name of only one candidate is submitted who appears to the kingmakers to be qualified and not disqualified in accordance with section 14, they shall declare the candidate to be appointed;

(ii)    if the names of more than one candidate are submitted who appear to the kingmakers to be qualified and not disqualified in accordance with section 14, the names of those candidates will be submitted to the votes of the kingmakers and the candidate who obtains the majority of votes will be declared appointed;

(iii)    in voting upon candidates the kingmakers shall have regard to the relative ability, character and popular support of each candidate;

(iv)   if the name of only one candidate is submitted and it appears to the kingmakers that the candidate is not qualified or is disqualified in accordance with section 14, or if, in the case of a recognised chieftaincy in respect of which there is one ruling house, no candidate is submitted to the kingmakers, they will inform the ruling house and the Council Manager accordingly and the ruling house will be entitled to submit a further name or names within fourteen (14) days of being so informed and the procedure contained in paragraphs (c) to (e) of this subsection will apply.

(2)    For the purpose of paragraph (a) of subsection (1) of this section an announcement will be made—

(a) (i) by delivering a notice in writing to the ruling house concerned; and

(ii)    by publishing a notice in the manner required by the Local Government Law applicable to the State, for the publication of notice of a Council; and

(iii)    by giving notice in any manner required by customary law, within fourteen (14) days of the occurrence of the vacancy.

16.    Procedures to fill vacancies in other chieftaincies

Where a vacancy occurs in a recognised chieftaincy, other than a ruling house chieftaincy, and a declaration has effect with respect to that chieftaincy, a qualified person will be nominated, selected and appointed in accordance with the customary law relating to that recognised chieftaincy within thirty days of the occurrence of vacancy.

17.    Default in performance of functions

(1)    Where—

(a)    the Council Manager of the competent Council or the Kingmakers fail to discharge any function conferred upon them by section 15 within the time required; or

(b)    more than half of the number of kingmakers are for the time being unable to sit by reason of any vacancy in their number or for any other reason, or the number of kingmakers able to sit is less than three (3); or

(c)    in the case of a recognised chieftaincy, other than a ruling house chieftaincy, any persons entitled to nominate, select or appoint to a vacancy fails to exercise their powers within such time as appears reasonable to the Commissioner, the Commissioner may appoint any other person as he may think fit to exercise and perform those powers and duties in place of the Council Manager, Kingmakers or any other persons.

(2)    Subject to the provisions of subsection (1) of this section, the performance, after the expiration of the period prescribed, of any function under section 15 by the Council Manager or kingmakers or any function under section 16 by any persons entitled to nominate, selection or appoint to a vacancy will not, by reason only of its being performed out of time be invalid.

18.    Consent of other persons

Where, under customary law, the appointment of a recognised chief requires the consent of any person—

(a)    if that person is the holder of a recognised chieftaincy and the office is vacant, no proceedings will be taken to fill a vacancy in the chieftaincy to whose appointment consent is required until a person is approved under this Part as the holder of the consenting chieftaincy and sections 15 and 16 be construed accordingly;

(b)    the person responsible under customary law for obtaining that consent will make application for the same not more than seven (7) days after the declaration of an appointment;

(c)    the consent will not be unreasonably withheld:

Provided that no consent of any person or authority outside Lagos State will be required in respect of any chieftaincy under this Law.

19.    Council Manager to inform Commissioner of appointment

As soon as practicable after the declaration of an appointment the Council Manager of the competent Council must inform the Commissioner of it and, if the consent of any person is required to the appointment must state whether that consent has been granted or withheld.

20.    Approval of Appointments

(1)    Subject to the provision of this section, the Governor may approve or set aside an appointment of a recognised chief.

(2)    In determining whether to approve or set aside an appointment under this sections the Governor will have regard to—

(a)    Whether the provisions section 15 or section 16 have been complied with;

(b)    Whether any candidate was qualified or disqualified in accordance with the provision of section 16;

(c)    Whether the customary law relating to the appointment has been complied with;

(d)    Whether the kingmakers, in the case of a ruling house chieftaincy, had due regard to the ability, character or popular support of any candidate; or

(e)    Whether the appointment was obtained corruptly or by the undue influence of any person; and may notwithstanding that it appears to the Governor that the appointment has been made in accordance with the provision of this Law, set aside an appointment if the Governor is satisfied that it is in the interest of peace, order and good government to do so.

(3)    Approval of the appointment of a chief may be given under this section, notwithstanding that the consent of any person required by customary law has not been obtained.

(4)    Where the Governor sets aside an appointment, the Governor will—

(a)    in the case of a ruling house chieftaincy require a ruling house in respect of the chieftaincy to submit the name of some other person as candidate to the kingmakers and the ruling house and the kingmakers will then proceed in accordance with section 15 as if the name of that ruling house has been announced by the Council Manager of the Council;

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA