Edo Ijaw Blast Gov. Monday Okpebholo, Allege Systematic Marginalisation of Ijaw, Esan and Igbanke Traditional Institutions, Call for Legal Challenge to Chieftaincy Law
By EgbemaVoice News
Niger Delta youth leader, Comrade Mingo Friday Sayami Ogumaka, has called on the Ijaw people of Edo State, alongside the Esan, Igbanke and other ethnic nationalities, to seek judicial interpretation of the Traditional Rulers and Chiefs Edict of Bendel State, 1979, as applicable in Edo State.
Ogumaka argued that the implementation of traditional institution policies in Edo State has, over the years, generated controversy regarding the recognition, powers and representation of traditional rulers from different ethnic nationalities.
Before the establishment of British colonial rule, the territory now known as Nigeria consisted of numerous independent ethnic nationalities, each with distinct languages, customs, traditions and well-established systems of governance. Every community maintained recognised traditional institutions headed by rulers whose authority was rooted in custom and tradition.
Following the 1914 amalgamation of the Northern and Southern Protectorates by Lord Frederick Lugard, the British colonial administration incorporated these traditional institutions into its indirect rule system. Traditional rulers exercised considerable authority over their communities and played significant roles in governance.
However, following Nigeria's independence in 1960 and subsequent constitutional developments under successive military and civilian governments, the powers of traditional rulers became increasingly regulated by state laws, including various Traditional Rulers and Chiefs Laws enacted across the federation.
He said, The present-day Edo State traces its history to the former Mid-Western Region, created in 1963 from the old Benin and Delta Provinces of the Western Region. In 1976, the Mid-Western State was renamed Bendel State before it was divided into Edo and Delta States in 1991.
The former Benin Province comprised the Benin, Esan, Owan, Etsako and related ethnic groups, while the former Delta Province consisted of the Ijaw, Itsekiri, Urhobo, Isoko, Ika, Ukwani, Aniocha, Oshimili, Ndokwa and other communities.
According to Ogumaka, several Ijaw kingdoms and Ika, Igbanke remained within the territory that now forms Edo State, particularly in Ovia South-West, Ovia North-East Ikpoba-Okha, and Orhionmwon Local Government Areas, the Ijaw kingdom that face the decades of marginalization, ethnic sentiment, oppression and political intimation for the Egbema, Olodiama, Okomu, Gharun and Furupa kingdoms, they are oil producing kingdom that make the Edo state as an oil producing state, they are the Edo state riverine communities, share same traditional heritage with their then Delta state province identity, the Ika speaking Igbo community six autonomous community, Ika identity of then Delta state province, they also suffered same socio-cultural exclusion and political neglect, because of Oba of Benin over lordship rule to the Edo state Government,
Ogumaka maintained that the Traditional Rulers and Chiefs Edict of Bendel State, 1979, which continues to apply in Edo State subject to subsequent amendments, recognises traditional rulers within their respective kingdoms and provides the legal framework for traditional governance.
He argued that the law envisages recognised traditional rulers exercising authority within their respective ancestral domains and that every recognised kingdom should enjoy equal legal status under the law.
According to him, no recognised traditional ruler should be regarded as exercising authority beyond the jurisdiction assigned by law or custom over another sovereign traditional institution.
The youth leader alleged that Ijaw traditional rulers in Edo State have not enjoyed full representation or participation within the state's traditional governance structure despite their historical presence in the state.
He further contended that traditional rulers from minority ethnic groups have been denied opportunities and benefits that, in his view, should accrue to all recognised traditional institutions under the existing legal framework.
Ogumaka referenced recent reforms by successive Edo State administrations concerning traditional councils.
He noted that the administration of former Governor Godwin Obaseki introduced reforms establishing traditional councils across the state's local government areas, a policy that generated varying reactions among stakeholders.
He also observed that the administration of Governor Monday Okpebholo has reversed the traditional council reforms by restoring the previous structure and re-establishing the Benin Traditional Council with its statutory, as Governor 2 of Edo state,
He stated that these policy changes have reignited debates regarding the composition, powers and representation within Edo State's traditional institution.
Ogumaka urged the Ijaw people of Edo State, the Esan ethnic nationality and other affected groups to seek judicial clarification where disagreements exist regarding the interpretation and implementation of the Traditional Rulers and Chiefs Law.
He argued that the courts remain the appropriate constitutional avenue for resolving disputes over the legal status, recognition and administrative structure of traditional institutions.
According to him, judicial interpretation would provide legal certainty and help ensure fairness, equity and equal treatment for all recognised traditional rulers in Edo State. He calling on the Edo State Government to continue engaging all ethnic nationalities through dialogue, inclusiveness and respect for the rule of law in matters relating to traditional institutions, cultural heritage and community leadership.
The Niger Delta youth leader has revealed and drawn the attention of Edo state Ijaws and other ethnic nationalist for his Examination of Constitutional Status, Legal Effect and Contemporary Application to the Continuing Relevance of the Traditional Rulers and Chiefs Edict No. 16 of 1979 in Edo State
He said, the Traditional Rulers and Chiefs Edict No. 16 of 1979, enacted by the former Bendel State Government, remains one of the most influential legal instruments governing traditional institutions in present-day Edo State. Although Bendel State ceased to exist following the creation of Edo and Delta States in August 1991, the legal principles established by the Edict continue to shape the administration of traditional rulership, chieftaincy succession, and the recognition of customary institutions.
Today, the Edict operates as an existing law under the Constitution of the Federal Republic of Nigeria, 1999 (as amended). However, its provisions are enforceable only to the extent that they are consistent with the Constitution, subsequent Edo State legislation, and authoritative judicial decisions.
He said, this analysis examines how the 1979 Edict continues to influence Edo State's traditional governance system while highlighting the constitutional safeguards that now regulate its operation.
1. Constitutional Status of the 1979 Edict, The dissolution of Bendel State did not extinguish the legal force of its existing laws. By virtue of Section 315 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), laws that existed before the commencement of the Constitution remain valid until they are amended, repealed, or declared inconsistent with the Constitution. Consequently, the Bendel State Traditional Rulers and Chiefs Edict No. 16 of 1979 continues to form part of Edo State's legal framework governing traditional institutions.
This constitutional protection ensures continuity in governance while allowing states to modernize inherited legislation where necessary.
2. Recognition of Traditional Rulers Remains a State Responsibility,
One of the central principles preserved under the Edict is that official recognition of traditional rulers remains the responsibility of the State Government. Although communities possess the customary right to select their traditional rulers in accordance with their indigenous traditions, such selections ordinarily become legally effective only after formal recognition by the Governor acting under the applicable law.
Government recognition also determines: Official legal status, Classification or grading of traditional rulers, Membership of Traditional Councils; and Eligibility for statutory privileges attached to recognized traditional institutions.
This dual process reflects the balance between customary legitimacy and statutory recognition.
3. Customary Law Continues to Govern Succession, Perhaps the strongest surviving principle of the 1979 Edict is the recognition that succession to traditional stools must follow the native law and custom of each kingdom or community. This principle preserves Nigeria's rich cultural diversity by allowing every community to maintain its own established succession system.
Accordingly: Benin Kingdom follows its established traditional customs. Esan Kingdoms maintain their respective hereditary traditions.
Etsako, Owan, Akoko-Edo, Ijaw and other indigenous communities continue to rely on their own customary laws governing succession. Government intervention is therefore expected to respect established customs unless they conflict with existing law.
4. Legal Importance of Chieftaincy Declarations
Section 7 of the Edict introduced one of its most enduring legal innovations—the Chieftaincy Declaration. A Chieftaincy Declaration serves as the official legal record of the customary rules governing a particular traditional stool.
Such declarations commonly identify: Recognized ruling houses, Order of rotation where applicable, Qualifications of eligible candidates, Traditional selection procedures, Customary qualifications and disqualifications.
In modern chieftaincy disputes, these declarations frequently constitute the primary legal evidence relied upon by both government authorities and the courts.
5. Government's Supervisory and Disciplinary Powers, The legal framework also empowers the Edo State Government to supervise recognized traditional institutions.
Where circumstances justify intervention under the law, Government may Suspend a traditional ruler, Withdraw official recognition, and Depose a traditional ruler after satisfying statutory requirements.
These powers remain among the most debated aspects of the traditional institution because they involve balancing governmental authority with the customary legitimacy enjoyed by traditional rulers. The exercise of these powers must therefore comply with constitutional standards of fairness, due process and legality.
6. Judicial Review Remains the Ultimate Safeguard
While portions of the 1979 Edict attempted to make certain governmental decisions final, constitutional jurisprudence has firmly established that judicial powers cannot be excluded by ordinary legislation. The Supreme Court of Nigeria has consistently held that statutory provisions attempting to prevent access to the courts cannot override constitutional guarantees.
Accordingly, disputes involving Recognition of traditional rulers, Succession to traditional stools, Withdrawal of recognition, Deposition of traditional rulers, Interpretation of customary law, and Compliance with statutory procedures, remain subject to judicial review. The courts therefore serve as the ultimate guardians of legality in chieftaincy administration.
7. Constitutional Supremacy Prevails, Like every existing law, the 1979 Edict must now operate within the framework of the 1999 Constitution. Its provisions must be interpreted consistently with, Section 6 — Judicial powers of the courts, Section 36 — Right to fair hearing, Section 315 — Preservation of existing laws
8. Implications for Minority Ethnic Nationalities in Edo State, The legal framework has particular significance for minority ethnic nationalities within Edo State, including the Ijaw, Akoko-Edo, Owan, Etsako, Esan and other indigenous communities.
The law recognizes every community possesses its own customary institution, Traditional succession should be determined according to established native law and custom, Government recognition remains subject to the applicable State legislation, Communities dissatisfied with governmental decisions may seek judicial intervention where constitutional or statutory violations are alleged. These protections reinforce both cultural identity and the rule of law.
Ogumaka lamenting that, More than four decades after its enactment, the Traditional Rulers and Chiefs Edict No. 16 of 1979 continues to provide the historical and legal foundation for the administration of traditional institutions in Edo State but sidelines Egbema kingdom and other Ijaws kingdoms, noting that the Edict no longer operates in isolation. Its provisions are now subject to the overriding authority of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), subsequent Edo State legislation, and binding judicial precedents.
He stated that, Peace and stability are sustained when all communities enjoy equal recognition, political inclusion, economic opportunities and respect for their cultural identity. Where communities perceive persistent exclusion or neglect, grievances may develop into prolonged agitation.
In Edo State, particularly within the Egbema, Olodiama, Okomu, Gharun and Furupa Ijaw communities of Ovia South-West, North East and Ikpoba Okha Local Government Area, these concerns have evolved into what observers often describe as a "lingering cold agitation." The term refers to a sustained campaign for constitutional recognition, equitable governance and socio-economic justice that has remained largely peaceful and non-violent.
Rather than armed confrontation, stakeholders have consistently relied on lawful means including public advocacy, litigation, consultations, policy engagement and media campaigns—to seek redress.
The Ijaw people are among the indigenous ethnic nationalities occupying the riverine territories of present-day Edo State. Long before colonial administration, they maintained organised traditional political institutions, customary governance systems and cultural structures that regulated community affairs.
Subsequent colonial administration, regional restructuring and state creation altered traditional governance arrangements. The emergence of statutory regulation of traditional institutions introduced new legal frameworks that continue to influence debates surrounding recognition, classification and the status of traditional rulers.
Our fingers still pointing the Late Chief Obafemi Awolowo Premier of the Western Region from 1954 to 1959. At that time, the Mid-West (now Edo and Delta States) during his administration favored certain traditional institutions than others, that led the later crisis in Niger Delta, ethnic nationalist see them self as superior and more than others,
The youth leader said, the Nigerian Constitution Does Not Empower Any Traditional Ruler to Rule Over Kings of Other Ethnic Nationalities or Pay Their Salaries
The Constitution of the Federal Republic of Nigeria, 1999 (as amended) contains no provision whatsoever that empowers any traditional ruler whether an Oba, Emir, Obi, Eze, Amanyanabo, Pere, Ovie, or any other monarch to exercise traditional authority over the kings of another ethnic nationality or to assume responsibility for paying their salaries and allowances.
Traditional rulers are not constitutional office holders under the Nigerian Constitution. Their recognition, classification, functions, privileges, remuneration, and welfare are matters regulated exclusively by the traditional rulers' laws of the respective states, not by the Constitution.
Accordingly, where traditional rulers receive salaries, stipends, or other official allowances, such payments are made by the relevant state or local government in accordance with applicable laws and budgetary provisions not by another traditional ruler. the position of Chairman or Permanent Chairman of a State Council of Traditional Rulers is an administrative and ceremonial office, not a grant of traditional sovereignty over other kingdoms or ethnic nationalities. Holding such a position does not confer constitutional or customary authority to rule over independent traditional rulers from different ethnic groups.
Mingo therefore, said, any assertion in Edo state, that the Nigerian Constitution authorizes one king to rule over the traditional rulers of other ethnic nationalities or to pay their salaries is legally unfounded, constitutionally unsupported, and inconsistent with Nigeria's federal system and the autonomy of recognized traditional institutions.
He call on Edo state Government and the Governor to respect the rich cultural diversitynin the state, every recognized traditional institution should be treated in accordance with the Constitution, applicable to state laws, and the customs and traditions of the Ijaw people and their culture,
He also caution against harshly speech against the Edo state Ijaws on the social media by the chief of Oba palace that the Constitution of the Federal Republic of Nigeria, 1999 (as amended) does not confer ownership, sovereignty, or territorial authority over the lands and kingdoms of other ethnic nationalities on any traditional ruler because he serves as the Permanent Chairman of a State Council of Traditional Rulers.
Nigeria is a multi-ethnic federation with numerous indigenous kingdoms, each possessing its own history, customs, traditional institutions, and recognized ruler. The office of Permanent Chairman of a State Traditional Council as oba of Benin is primarily an administrative and ceremonial position created under state law to coordinate the activities of the council. It is not a constitutional office that grants supremacy over other traditional rulers or ownership of their ancestral territories.
He said, Land ownership and customary authority are determined by the Constitution, the Land Use Act, applicable to state laws, and the customary laws of the respective communities. No traditional ruler acquires legal ownership or territorial sovereignty over another kingdom merely by occupying the office of Permanent Chairman of a State Traditional Council.
He further stated that, the claim of Oba of Benin as the Permanent Chairman of a State Traditional Council automatically becomes the owner, overlord, or sovereign of other ethnic kingdoms and their lands has no basis in the Constitution of Nigeria and Edo state law, he stated,
There is a growing perceptions and agitation of non-Bini ethnic, the Ijaw, Esan, Afemai, Akoko-Edo Igbanke, and other indigenous ethnic nationalities in Edo State that successive governments have relied heavily on the traditional institution of the Oba of Benin in ways to marginalized or overshadowed their traditional institutions and identities of other ethnic groups have consistently called for equal recognition, respect for their traditional rulers, and the protection of their historical and cultural autonomy.
In a constitutional democracy, government policies should promote fairness, inclusiveness, and equal treatment of all ethnic nationalities. No ethnic group or traditional institution should be used, or be perceived to be used, as an instrument to dominate, suppress, or diminish the rights, identities, or traditional institutions of other indigenous communities.
The riverine Ijaw communities in Edo South are integral part of the state, particularly within Ovia South-west, North East and Ikpoba Okha Local Government Area, are indigenous oil-producing communities that contribute significantly to Edo State's position as one of Nigeria's oil-producing states.
The Ijaw kingdoms of Egbema, Olodiama, Furupagha, and Okomu (Ukomu) have existed for generations in the riverine belt of Edo State, with their people depending on fishing, farming, and activities associated with the oil and gas industry. Their contribution to the state's economy through petroleum resources underscores the need for equitable development, environmental protection, and fair representation in governance.
As stakeholders in Edo State's natural resource economy, the riverine Ijaw communities deserve equal recognition, inclusive development, and respect for their traditional institutions and constitutional rights.
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