I commend all those standing up to challenge the unfortunate misadventure of Gov Obaseki and his goons including the misdirected/rebellious Enigie.
However, it is noticed that there are many gaps in the narrative of what’s happening.
Below are some of the details of the issues:
1. The Traditional Rulers and Chiefs Law (TRCL) of 1979 is not obsolete. It’s still very much in operation as part of the Laws of Edo State by virtue of the instrument creating Edo State. Consequently, the provisions of the TRCL are extant.
2. Contrary to the action of Gov Obaseki and his administration, the TRCL does not grant power to the State Government to create Traditional Councils and make Enigie who are mere traditional chiefs heads of those councils as done by Gov Obaseki with the purported creation of seven (7) new Traditional Councils in Edo South across the seven local government areas of the senatorial district.
3. Section 45(1) of the TRCL grants the executive council of the state the power to create Traditional Councils for each local government area of the state; however section 45(2) requires that each such council must be headed by a traditional ruler in the local government area.
4. The TRCL creates the Benin Traditional Council (BTC) to exercise authority over the entire seven local government areas in Edo South; and makes the Oba, as the ONLY traditional ruler in Edo South, the President of the BTC.
5. The TRCL distinguishes who are traditional rulers, traditional chiefs and (honorary) chiefs. Enigie are categorized as traditional chiefs, just as other palace chiefs of the Oba of Benin.
6. The TRCL carefully sets out the hierarchy of traditional chiefs and lists the Enigie as the least in the hierarchy.
7. In the suit filed by the Enigie, they claim that the Oba has no power to suspend them; and that only the state government has such power.
8. This assertion is at best laughable, just as the action of the state government in creating so-called Traditional Councils and making Enigie heads of those councils. Obviously, the Enigie are chieftains of the Oba of Benin who were appointed by the Oba and subsequently recognized by the state government. The Oba as oppointor of the Enigie has absolutely all the powers both based on customary law and as declared under the power delegated by the TRCL to suspend any appointee including the Enigie who have been suspended.
9. The claim by the State Government not to be involved in the matter is a futile effort to spin the facts. The State Government had filed processes in a sister suit in which many rebellious Enigie are parties; whereby the State Government declared that the suspension of the some Enigie violates the TRCL. The State Government pretends not to know that the power of the Oba to suspend any of his errant chiefs is exists pursuant to the TRCL.
10. Finally, it is clear that the State Government is trying to bury its head in the sand like the ostrich in this matter by claiming to be a victim or disinterested party. But, no matter how hard it tries, the anus of government is visible to all.
ABOUT THE AUTHOR
Edoba Omoregie is a Professor of Law with specialisation in comparative constitutionalism, federalism, and legislative drafting and process.
