Background
This case arose from the selection of a new Aidonogie (Clan head) for South Ibie following the death of the incumbent. The appellants (Danesi branch) contested the legitimacy of the respondent's candidate, asserting that a proper candidate was not chosen as per the traditional law governing the selection. The matter was further complicated by the declaration of traditional chieftaincy rights and the legal significance of a registered chieftaincy declaration.
Issues
The primary issues considered by the Court of Appeal were:
- Whether Alhaji Aliyu Kelvin Danesi was eligible for the position of Aidonogie under the applicable laws.
- Whether the respondent's candidate was properly selected and qualified based on the traditional laws.
Ratio Decidendi
The Court held that:
- A candidate's qualification is strictly defined by the existing chieftaincy declaration, which mandates that only the eldest surviving son of the last clan head can take up the position.
- Failure to adhere to the chieftaincy declaration voids a candidate's appointment.
- The Oghiator branch could not present a candidate without a prior formal announcement from the secretary of the Traditional Council declaring that the Danesi branch could not present a qualified candidate.
Court Findings
The court found:
- Alhaji Aliyu Kelvin Danesi did not qualify as he was neither the eldest son of the last clan head nor met the age criteria specified in the Registered Declaration.
- The traditional procedures for electing a candidate for the Aidonogie position were not followed, rendering any selection invalid.
- The appellants maintained their right to present candidates from their branch as long as they meet the specified criteria under the traditional laws.
Conclusion
The appeal was partially successful. The Court of Appeal declared the selection and appointment of Alhaji Aliyu Kelvin Danesi as invalid based on non-compliance with the Registered Declaration governing the Aidonogie.
Significance
This case highlights the importance of adhering to traditional laws and customs in the selection of chieftaincy positions in Nigeria's Edo State, emphasizing that only recognized procedures can grant legitimacy to traditional leadership roles.