Amendment to The Traditional Rulers and Chiefs Law was enacted on the 24 day of August, 1979

The Traditional Rulers and Chiefs Law was enacted on the 24 day of August, 1979 ostensibly to regulate all matters pertaining to Traditional Rulers and Chiefs in the then Bendel State now applicable to Edo state.

The Law in its preliminary sections defined a Traditional Ruler as "the traditional head of an ethnic unit or clan who is for the time being the holder of the highest traditional authority within the ethnic unit or clan and whose title is recognized as a traditional ruler by the Government of the state".

Though not relevant for this discourse but for the purpose of the difference between the two concepts i.e. Traditional ruler and chief and since the Law deals with both, a chief, according to the Law means a " person whose chieftaincy title is associated with a community in the state and includes a Traditional chief and an Honorary chief".

The Law in S.3 requires a traditional council under the prompting of the State Executive Council to make a declaration in writing stating the customary law which regulates the selection of a person to be the holder of a traditional ruler tittle associated with any community in its area. S.5 gave an unqualified discretion to the executive council to approve or refuse to approve a declaration so made.

The section that provoked public outrage recently in connection with the revered and venerated Oba of Benin is S.19 (1). The title of the section is "Approval of Appointment". It provides thus: "subject to the provisions of these sections, the Executive Council may approve or set aside the SELECTION of a traditional ruler " ( emphasis mine). It is instructive to note the use of the word 'selection' in this section. It is my humble opinion that to select means the existence of a choice. The Oba of Benin is not selected because there's no choice in the matter. He is divinely ordained by God and our ancestors!.
Flowing from the above, may I therefore propose the following amendment to the S.19 (1) by the introduction of a proviso thus:

"Subject to the provisions of these sections, the Executive Council may approve or set aside the selection of a Traditional Ruler provided that in THE CASE OF THE OBA OF BENIN AND ALL OTHER HEREDITARY TRADITIONAL RULERS BY PRIMOGENITURE, THE ASCENSION TO THE THRONE SHALL ONLY BE ACKNOWLEDGED BY A PROCLAMATION OF THE EXECUTIVE COUNCIL ".

It is my considered opinion that the amendment hereby proposed will cure the 'bad verses' contained in S. 19(1) which gives the impression that the great OBA of Benin is a creation of the state executive council!.

I beg to submit.
Barrister Idahagbon