PALACES MUST NOT BECOME CRIMINAL COURTS OR DETENTION CENTRES - AJULO

PALACES MUST NOT BECOME CRIMINAL COURTS OR DETENTION CENTRES - AJULO

…Warns Against Using Customary Authority for Self-Help

Ondo State Attorney General and Honourable Commissioner for Justice, Dr. Olukayode Ajulo, SAN, OON, has charged traditional rulers across the State to exercise their authority within the confines of the Constitution, saying the strength of the traditional institution lies not merely in the crown, but in the trust reposed in it by the people.

Ajulo stayed this on Tuesday at The Dome, Akure, during a three-day workshop organised for traditional rulers in Ondo State. The workshop, which has as its theme, "Repositioning the Traditional Institution for Harmonious Communal Relationship, Security, Cultural Preservation and Sustainable Development", focused on strengthening the role of traditional institutions in governance, peace-building, security, cultural preservation and community development, while ensuring that their authority remains consistent with constitutional and legal provisions.

Speaking on the legal and constitutional limitations of traditional authority, Ajulo said the modern Oba operates within a constitutional democracy and must understand the distinction between customary authority and powers reserved by law for the courts, police and other statutory institutions.

He said the Constitution does not establish the office of an Oba as a fourth arm of government, but recognises the role traditional institutions can play in local governance and community development.

According to him, "traditional rulers should see themselves primarily as custodians of history and culture, symbols of communal identity, peace-builders, mediators and community mobilisers rather than as alternative courts or government institutions."

Ajulo warned traditional rulers against turning their palaces into detention centres or criminal courts, stressing that alleged criminal conduct must be handled by legally authorised law-enforcement institutions.

"An Oba should not order the indefinite detention of a person because that person was accused of stealing, insulting the palace, owing money, violating a community rule or participating in a dispute." He said.

He urged traditional rulers to identify criminal conduct, preserve peace, provide information and cooperate with the appropriate authorities instead of investigating, detaining or punishing suspects themselves.

The Attorney General also emphasised the importance of fair hearing in traditional administration, noting that an Oba does not lose dignity by listening to both sides of a dispute. He encouraged traditional institutions to embrace mediation and customary arbitration where appropriate, but stressed that such processes must be voluntary and clearly distinguished from judicial adjudication.

On land disputes, Ajulo cautioned traditional rulers against using customary authority as a licence for self-help, particularly in cases involving alleged land grabbing, intimidation, forceful entry or illegal occupation. He advised palaces to preserve peace and refer such matters to the appropriate statutory authorities, including the Anti-Land Grabbing Task Force where applicable.

Ajulo further highlighted the potential of traditional rulers appointed as Justices of the Peace, JP, to strengthen the connection between traditional institutions and the formal justice system, stressing that such appointments do not confer unlimited judicial authority. He said the Oba-JP should instead serve as a peace-builder, mediator, community justice link, early-warning actor and facilitator of lawful dispute resolution.

The Attorney General also urged traditional rulers to strengthen their role in the State's security architecture by providing credible community intelligence to government and security agencies.

He noted that traditional rulers often receive information about impending communal violence, land disputes, kidnapping threats, youth mobilisation, cult activities, illegal mining, farmer-herder tensions and criminal networks before such information reaches government agencies. He, however, cautioned that traditional institutions must provide community intelligence without becoming alternative security agencies.

He encouraged the palaces to maintain functional relationships with the Governor, Attorney General, Nigeria Police Force, Department of State Services, Amotekun Corps, Nigeria Security and Civil Defence Corps, local government authorities and other lawful security structures.

The Attorney-General called for continuing legal education for traditional rulers through periodic workshops covering constitutional law, chieftaincy law, customary arbitration, land law, anti-land-grabbing legislation, human rights, Justice of the Peace duties, criminal justice, mediation and peace-building.

He also proposed the establishment of palace mediation desks, land-dispute referral protocols, security early-warning networks, access to competent legal advisers, proper documentation of palace proceedings, youth engagement and stronger mechanisms for resolving disputes between neighbouring kingdoms.

On cultural preservation, he urged traditional institutions to protect indigenous languages, oral history, royal genealogies, traditional festivals, music, historical sites, indigenous arts and crafts and traditional knowledge.

He said traditional rulers could also contribute significantly to sustainable development by attracting responsible investment, resolving community disputes, protecting legitimate investors, discouraging illegal land practices, promoting agriculture, protecting forests and natural resources, supporting education and skills development, and encouraging youth entrepreneurship.

Ajulo stressed that investors want certainty, communities want fairness and government wants development, adding that traditional institutions can help bring the three interests together. He said the repositioning of the traditional institution should not be viewed as an attempt to diminish the authority of the palace, but as a means of ensuring that its moral and cultural authority is exercised effectively within the constitutional order.

"Traditional rulers must understand when to intervene and when to refer, when to mediate and when to step aside, and when a matter is customary and when it has become criminal." The AG concluded.