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THE ROLE OF TRADITIONAL INSTITUTIONS IN LOCAL GOVERNANCE IN NIGERIA* 

 

Abstract 
As a country, Nigeria is the outcome of the 1914 amalgamation of the Northern Protectorate and the 

Southern Protectorate. Ever since its formation nonetheless, the country has gone through various 

phases. Colonial domination, the several military coups, the Civil War are some of the negatives which 

have somewhat blighted the constitutional history of Nigeria and even in recent times, constitutional 

discuss seems to have shifted towards the manifest maladministration which continues to bedevil the 

country: a situation which is also visible in the massive corrupt and incompetent institutions of 

governance at the local levels of the country. However, a number of studies have acknowledged the 

buoyancy, acceptability and relevance of African traditional institutions in the socio-cultural, economic 

and political lives of Africans, particularly in the rural areas. Therefore, scholars have variously 

expressed the view that by totally neglecting the traditional institutions in local governance, there has 

been a loss in local cohesion in Nigeria thereby leading to the several noticeable negatives. This paper 

considers the concepts of traditional institutions and local governance, while analyzing the roles of 

traditional institutions in the different epochs of Nigeria’s constitutional history. 

 

Keywords - Nigeria, Traditional Institutions, local governance, constitution 

 

1. Introduction 
The political entity called Nigeria is the product of the 1914 amalgamation of the Northern Protectorate 

and the Southern Protectorate by the British Colonial Administration. However, a review of the 

historical background of Nigeria as a political entity would reveal the several challenges which the 

country has gone through including having the systems of administration which were present in the 

several parts of the country, completely dominated and subjugated by the British. This fact seems to be 

the reason why most Western scholars hold the belief that pre-colonial African societies had no system 

of administration: that is, no law, no order, no government, and no civilization. However, this belief has 

long been seen as not only very erroneous but grossly subjective. As a fact, it has been known that 

traditional African societies, indeed, had well organized and well established systems of administration 

where public order was provided and maintained; where laws were made and implemented; where inter-

communal and inter-tribal conflicts were adequately settled. Again, the several military coups seem to 

have had an adverse impact on traditional setups in the country.  The above facts appear to be the root 

of the manifest maladministration which continues to bedevil the country, a situation which is visible 

in the massive corrupt and incompetent institutions of governance at the local levels of the country. 

Nonetheless, scholars have variously expressed the view that by totally neglecting the traditional 

institutions in local governance, there has been a loss in local cohesion in Nigeria thereby leading to the 

several noticeable negatives. 

 

In effecting our aim to examine the role of traditional institutions in local governance in Nigeria, this 

paper is divided into rubrics. We shall begin by considering the concepts of institutions, traditional 

institutions and local governance. We will then proceed to analyze the roles of traditional institutions 

in the different epochs of Nigeria. We will examine the then Native Authority system. We will analyze 

the effects of the 1976 Local Government Reform on traditional institutions in local governance in 

Nigeria. The work is concluded by proposing several recommendations as to how best traditional 

institutions can be incorporated into local governance in Nigeria. 

 

2. Conceptualizing Institutions, Traditional Institutions in Nigeria and Local Governance 
 

Institutions 

From the framework of positive political theory and as often applied by political scientists, ‘institution’ 

as a concept refers to ‘the relatively durable structures and processes of political decision making… 

Institutions are the rules of the game in a society or, more formally, are the humanly devised constraints 

that shape human interaction’.1 Consequently, they structure incentives in human exchange, whether 

                                                           
*By Hilda OBI-OBIORA, LLB, LLM. BL, Lecturer, Nnamdi Azikiwe University, Anambra State. Email:  hildaobi-

obiora@gmail.com 

*Favour Christopher ASIAZOBOR, LLB, LLM, BL, Lawyer, Benin City, Edo State. Email: favourasiazobor@gmail.com 

mailto:hildaobi-obiora@gmail.com
mailto:hildaobi-obiora@gmail.com


ACARELAR 2 (2021) 

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political, social, or economic.2 Institutions can be formal, such as legal codes, or informal, such as social 

customs, mores, and traditions. The crucial point to note is that institutions channel and structure human 

behavior.3 

 

Traditional Institutions in Nigeria 

When we speak of traditional institutions in Nigeria, we refer to a system of indigenous traditional 

administration which varies from one part of Nigeria to the other.  The institution of traditional rulers 

is an enduring part of our heritage; it plays a critical role as the custodian of culture and traditions.4 

Traditional rulers are the heads of their communities and they owe their legitimacy to customs and 

traditions. They are commonly chosen by the ‘gods’, represent them on earth and have religious 

sanctity. They are regarded as very powerful and custodians of spiritual activities. A traditional ruler is 

a person who has been appointed to, and occupies the throne of an area by virtue of his ancestry in 

accordance with the established tradition. Traditional leadership is an ancient institution prevalent 

across the entire African continent. In Nigeria, courts have held that the issue as to who is eligible to 

ascend a traditional stool or throne is subject to the customary law and traditions of the people concerned 

which is a question of fact borne out by evidence, unless such custom has assumed a status of notoriety 

for it to be judicially noticed.5 The Ibrahim Dasuki Committee on the Review of Local Government 

Administration in 1984 defines a traditional ruler as, the person who by virtue of his ancestry occupies 

the throne or stool of an area and who has been appointed to it in accordance with the custom and 

tradition of the area and has suzerainty over the people of that area.6 Therefore, traditional institutions, 

as it relates to Nigeria, denote all those customary administrations ubiquitously present in the several 

parts of Nigeria and autochthonous to the people in the different areas. 

 

Local Governance 

Local governance historically predates the emergence of nation-states. In ancient history, tribes and 

clans established systems of local governance in most of the world. They established their own codes 

of conduct and ways of raising revenues and delivering services to the tribe or clan. Tribal and clan 

elders developed consensus on the roles and responsibilities of various members. It therefore appears 

that local governance is actually the forerunner of modern governance in nation-states. By local 

governance, we refer to public administration at the local level. Generally, local governance is tailored 

along grassroots development. From available literature however, it appears that it is practically 

impossible to examine ‘local governance’ as a concept without considering the concept of ‘local 

government’. Nonetheless, it appears that the views of scholars on local government as a concept have 

been restricted to local government in democracy as a system of government. By this, we mean that, 

the several authors on the subject obviously assume that the concept of local government only relates 

to democratic systems. Therefore, Gokhale for instance makes the point that ‘Local Government is the 

government of specific locality by the local people through the representatives elected by them.’7On his 

part, Lockard Opines that local government may be loosely defined as a public organization, authorized 

to decide and administer a limited range of public policies within relatively small territory which is a 

sub division of a regional or national government8 and following this trend, Stone defines local 

Government as that part of the government of a country which deals with those matters which concern 

the people in particular locality.9It is our position however, that the concepts of local governance and 

local government cannot only be placed in the domain of democratic systems. As a fact, these concepts 

can be stretched to systems without democratic tendencies. Therefore, in this paper, we apply the 

concept of local governance to traditional institutions irrespective of whether these institutions can be 

classified as democratic. 

                                                           
1 D. Rodriguez, ‘State Constitutionalism and the Domain of Normative Theory’ [2000] (37) San Diego L. Rev.; 523, 537-38 
2B. Barton, ‘An Institutional Analysis of Lawyer Regulation: Who Should Control Lawyer Regulation - Courts, Legislatures, 

or the Market?’ [2003] (37) GA. L. Rev.; 1167, 1176 
3M., Jonathan, ‘Models of Subnational Constitutionalism’ [2011] Penn. St. Law Review; 1156. Available at: 

http://www.pennstatelawreview.org/115/4/115%20Penn%20St.%20L.%20Rev.%201151.pdf.> accessed 13 November 2020 
4P. O. Agbese, ‘Chiefs, Constitutions and Policies in Nigeria’ <http//www.chr.up.ac.za/chr> accessed 30 November 2020 
5Olaniyan v. Oyewole (2011) 14 NWLR (PT. 1268) p. 445 
6K. E. Orji, ‘Traditional Rulership and Local Governance in South- South Nigeria’ [2013] (16) (2) Journal Of Humanities and 

Social Science; 39 
7B. K Gokhale, The Constitution of India (Sheth & Company. 1972); 1307-08 
8Lockard D., “Encyclopedia of Social Sciences”, Vol. 9, New York, p. 45. 
9 P. Stone, Local Government for Students (MC Donald and Evons Ltd. 1963); 1. 

http://www.pennstatelawreview.org/115/4/115%20Penn%20St.%20L.%20Rev.%201151.pdf


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3. The Roles of Traditional Institutions in Local Governance in Nigeria 

 

The Period Before 1966 

Concerns on traditional institutions and local administration have occupied the center stage in the 

political history of Nigeria even prior to the epochal amalgamation of 1914 and the eventual grant of 

independence from British hegemony in 1960. Prior to colonization, there existed different 

administrative arrangements of indigenous traditional administration in the several parts of the country. 

In the Northern part of the country, the Hausa/Fulani practiced a highly centralized system of 

government where the Emir is both the political and religious leader. The Emir had the responsibility 

of making laws, enforcing them and maintaining peace and order in his Emirate. As the religious leader, 

he was expected to ensure that the conduct of the affairs of the Emirate was guided by the provisions of 

Islamic and Sharia laws.10 Nevertheless, in discharging his functions, the Emir had a number of advisers. 

Notable among these were: ‘Sarkin Fada’ [the spokesman of the Emir and organizer of palace workers], 

‘Waziri’ [the Prime Minister], ‘Galadima’ [the Administrator of the capital city], ‘Madawaki’ [the 

Commander and Head of the Army], ‘Magaji’ [Officer in-charge of the Treasury], ‘Sarkin Dan Doka’ 

[in charge of Security], ‘Sarkin Ruwa’ [in charge of Water Resources, among others].11 The 

administration of justice was based on strict Islamic law, also known as the Sharia law. This was 

administered by Sharia Courts headed by a trained judge called ‘Alkali’. Although there were village 

heads who settled minor disputes, the final decisions in most cases resided on the Emir. 

 

In the Western part of Nigeria, the administrative system was monarchical under the control of the Oba. 

In discharging his duties, the Oba was assisted by Baales who administered towns and villages and in 

turn, paid royalties to the Oba at stipulated times. The power of the Oba was not without checks.12 In 

Oyo Kingdom for instance, the Oba wielded much power but was subject to the control of the Oyo-

mesi, an institution of Kingmakers. The Oyo-mesi therefore served to prevent abuse of power. Also, 

the Oyo-mesi, had the power to force an erring Oba to abdicate his throne or commit suicide in case of 

irreconcilable difference.13 In the same way, the Oyo-mesi did not wield absolute power because they 

were also subjected to the control of the Ogboni, acting under the authority of religion. As for the 

administration of justice, the Alafin held sway as the supreme judge of the Oyo Empire and there could 

be no appeal against his judgment. Again, in the Eastern region of Nigeria, being predominantly 

dominated by the Igbo ethnic group, the system of administration was republican and egalitarian in 

nature because they had no kings or chiefs. The basic administrative decisions were taken on behalf of 

the people by an assembly of men known as the ‘Ohaneze’. The Ohaneze is a group of men made up of 

family heads who hold the Ofo title. The Council of Elders is assisted by various Age-Grade groups. 

The power of the Council of Elders was not without checks. To this end, one of the functions of the 

Age-Grade groups was to prevent the abuse of powers by the Council of Elders. However, the Age-

Grade groups also executed other general functions. These include, the preservation of law and order, 

forging defense for the village against external attacks, construction and maintenance of roads, etc. 

However, it is pertinent to note the role accorded to the Ozo title holders, who are respected and 

influential men in the village who are often consulted in the day to day administration of their 

communities.14 Concerning the administration of justice, the various institutions listed above were 

vested with the function to administer justice contingent on the particular nature of the case. 

 

In the South of Nigeria, there were several precolonial administrative arrangements. The Benin 

Kingdom was one of such precolonial setups. In fact, the ancient Kingdom of Benin was one of the 

most prosperous, powerful and protuberant states in pre-colonial Africa. Its artistic achievements, 

                                                           
10J. O. Fatile and D. K. Adejuwon, ‘Conflict & Dispute Resolution in Trade Unionism in Nigeria’, [2010]  (6) (3) Journal of 

Public Policy and Administration Studies; 40-52 
11Erero, ‘Traditional Structures in Local Governance for Local Development: A Study of Ife East Local Government Area, 

Osun State, Nigeria’ in O. K. Ohiole and I. S. Ojo (Eds.), ‘Traditional Institution and the Modern Day Administration of 

Nigeria: Issues and Prospects’ [2015] (2) (9) Journal of Research and Development; 35 
12Rotimi Ajayi, ‘Politics and Traditional Institutions in Nigeria: A Historical Overview’ [1992] (21) Transafrican Journal of 

History, 124-138 
13S. B. Fajonyomi, ‘Governing the Grassroots. An Analysis of Decision- making in Nigerian Local Governments’ in Osakede, 

and Ijimakinwa, ‘Traditional Institution and the Modern Day Administration of Nigeria: Issues and Prospects’, p. 35 
14Erero, ‘Traditional Structures in Local Governance For Local Development: A Study of Ife East Local Government Area, 

Osun State, Nigeria’ in Osakede, and Ijimakinwa, (edn), ‘Traditional Institution and the Modern Day Administration of 

Nigeria: Issues and Prospects’, p. 36 



ACARELAR 2 (2021) 

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intricate pantheon of gods, sophisticated system of government headed by the Oba, and the frightening 

aura of its monarchy make the Benin Kingdom a fascinating subject of constant historical discuss 

amongst scholars. The history of the Benin Kingdom dates back to the Ogiso era, which has been traced 

to the 10th Century.15 The central administration and leadership structure of the Benin Kingdom 

comprised of three different sets of functional chiefs of importance each with different functions and 

responsibilities to perform. At the helm of the central administration and leadership structure is the 

Uzamanihiron and the Uzama comprises of Eghaevbo (chiefs): the Eghaevbo no re and Eghaevho no 

gbe. There were also palace chiefs (Egua- Enigie) who were assigned different responsibilities and 

functions of importance. The palace chiefs comprised of the Iwebo, Iwague and the Ibiwe. The Iwebo, 

looks after the Oba’s regalia, the Iwague looks after the Oba’s apartment and are his private attendants 

and confidants while the Ibiwe looks after the wives of the Oba. To be an Uzama or Eghaevbo, one 

must be someone of high repute, resolute, tested, and credible and must have proven himself beyond all 

reasonable doubt in society.16 It is pertinent to mention the position of the Iyase at this juncture.17 His 

position is tantamount to that of a prime minister. Hence, he occupies the number two position in the 

Benin Kingdom. 

 

It is seminal to note that an examination of the indigenous systems of administration mentioned above 

reveals that the systems, unlike what many European authors maintain18, possess fundamental 

rudiments of good governance and tendencies for constitutionalism. For instance, by institutionalizing 

the Oyo-mesi as a check on the power of the Oba in the Oyo Empire, the administrative system in the 

Western part of Nigeria prevented abuse of power by the Oba, even to the extent that the Oyo-mesi 

could force an erring Oba to abdicate his throne or commit suicide in case of irreconcilable 

difference.19In this sense, one can validly maintain that this practice necessarily guaranteed checks and 

balances, constitutionalism, as well as public accountability, in the Western part of Nigeria. The 

situation in the Eastern part of Nigeria, where the Age-Grade groups served as a check on the activities 

of the Council of Elders, also goes to show the element of checks and balances in the precolonial setup 

in the Eastern part. Again, owing to the positions of the Oba, the Iyase and the Uzama of Benin 

Kingdom, one could validly argue that the precolonial administrative arrangement in the Benin Empire 

essentially involved the principle of separation of powers long before the English Publicist, John 

Locke20 and the French Thinker, Baron De Montesquieu expressed his their views on the principle of 

separation of powers.21 

 

Nonetheless, during the period of colonialism, the system of Indirect Rule or Native Authority system 

was introduced. This system gave protuberant roles in numerous grades to traditional rulers. In fact, it 

could be argued that the major actors under the system were the traditional rulers. Under the colonial 

administration, local government was known as Native Authority or Administration system. It was a 

form of indigenous rule under colonial authorities whereby ‘traditional institutions of chiefs and other 

traditional rulers administer the natives under the supervision of British Administrative Officer’22 In 

this wise, traditional rulers were members of the colonial administrative apparatus because they were 

given wide powers over matters in their domain except the power to keep a regular army and to levy 

tax.23 It was this magnitude of functions given to traditional rulers under the native authority system 

that pitched them against the educated elite in the period immediately preceding political independence. 

                                                           
15E. B. Eweka, Evolution of Benin Chieftaincy Titles (UNIBEN Press. 1992); 8 
16John Ugiagbe, ‘Nigeria’s Failing Democracy: Lessons From the Benin Kingdom’ 

<http://nigerianobservernews.com/18122013/features/features1.html#.VyaDktR97IU> accessed 2 November 2020 
17Seo Ogbonmwan, ‘Of heredity and Benin traditional system’ <http://www.edoworld.net/of_heredity.html> accessed 2 

November 2020 
18James Giblin, ‘Issues in African History’ http://www.zyama.com/Iowa/African%20History.htm accessed 2 November 2020; 

Christopher Prior, ‘Writing Another Continent’s History: The British and Pre-Colonial Africa, 1880-1939’ < 

http://www.gla.ac.uk/media/media_64283_en.pdf> accessed 2 November 2020 
19Fajonyomi, ‘Governing the Grassroots. An Analysis of Decision- making in Nigerian Local Governments’ in Osakede, and 

Ijimakinwa, ‘Traditional Institution and the Modern Day Administration of Nigeria: Issues and Prospects’, p. 35 
20 Second Treatise on Civil Government (1690) 
21 The Spirit of Law (1748) 
22Cletious E. Emezi, ‘The Changing Patterns of Local Government in Nigeria’ [1983] (1) (1) The Nigerian Journal of Local 

Government Studies; 7 and 8 
23Fajonyomi, ‘Governing the Grassroots. An Analysis of Decision- making in Nigerian Local Governments’ in Osakede, and 

Ijimakinwa, (edn), ‘Traditional Institution and the Modern Day Administration of Nigeria: Issues and Prospects’, p. 36 

http://nigerianobservernews.com/18122013/features/features1.html#.VyaDktR97IU
http://www.edoworld.net/of_heredity.html
http://www.zyama.com/Iowa/African%20History.htm
http://www.gla.ac.uk/media/media_64283_en.pdf


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However, there was nothing wrong with the use of indigenous institutions, chiefs and rulers in the then 

newly established local administration, for that was the existing governing structure before the advent 

of colonialism but there was certainly something wrong with the system itself. By placing traditional 

ruler as subordinates to the British, the policies being churned out were radically different from what 

the traditional rulers ‘knew’. Notwithstanding, under this new indirect rule system, they had the duty to 

stand by those policies and implement them when in the main, they (the traditional rulers) had no 

conviction concerning the policies which were basically foreign to them. In other words, ‘The policies 

were transmitted to the traditional rulers who hardly understood the logic and rationale of the policies. 

Nevertheless, they transmitted those policies to their people and expected compliance’24 making the 

(indirect rule) system illogical. 

 

In the period immediately preceding political independence, traditional rulers retained their prominence 

in governance. The Richards Constitution of 1946 for example established Houses of Assembly in each 

of the three regions, and a House of Chiefs in the North. The Houses of Assembly were composed of 

both official members and unofficial members. The official members were those members who were 

appointed by the Governor and the unofficial members were chosen by the Native Authorities from 

amongst themselves. This function of the Native Authorities as it relates to the regional Houses of 

Assembly was also reenacted under the McPherson Constitution of 1951. However, the Lyttleton 

constitution of 1954 reduced the constitutional functions of the traditional rulers both at the federal and 

regional levels.  At independence, the 1960 Constitution also established a Council of Chiefs at the 

regional level and the 1963 Constitutions also reenacted this provision relating to the Council of Chiefs 

at the regional level. In the North, the council of chiefs was created and chaired by the premier of the 

North. This was a policy making body whose decision was binding on the government. In the western 

and Eastern regions, minority councils were created which were merely advisory without any policy or 

decision making powers. 

 

The Period After 1966 

As mentioned above, Nigeria as a country was hosted into military rule in 1966. Thereafter, the civil 

War took its turn in the negative events which characterized the history of Nigeria in that period. 

However, these events seem to have had negative effects on traditional institutions in Nigeria. This is 

especially so as regards military rule. Particularly because the military government as well known, does 

not permit any form of challenge to its rule. Therefore, the military rulers effectively relegated the 

traditional rulers to the background. This unfortunate position of the traditional institutions became 

glaring in 1976 during the General Olusegun Obasanjo military regime. This regime embarked on a 

local government reform. The reforms were the Federal Military Government’s response to the 

recommendations of the Udoji Public Service Review Commission.25 The aim of the reforms was to 

make the local governments more effective in their primary role of bringing development to the 

grassroots. The reform established a multi-purpose single tier system throughout the country, with the 

same structure and functions. Local Governments were recognized as a third tier of government within 

the federal structure. The 1979 Constitution recognized local government as such thus reinforcing the 

main features of the reform. However, with its conviction that, while traditional rulers are very powerful 

and respected among the Nigerian peoples, they must not be partisan, the military covertly and overtly 

excluded traditional rulers from government. This was done through the Local Government Reforms of 

1976. This demoted status of the traditional institutions was reiterated in the 1979, 1989 and 1999 

constitutions designed by military regimes in Nigeria.26 While analyzing the negative effect of the 1976 

local government reform, a scholar made the following points: 

… radically altered the locus of traditional rulers vis a vis local government. The 

alteration is more vividly epitomized in the concrete Particulars of the new local 

government system, in which among other feature traditional rulers have been 

                                                           
24A. A. A. John., ‘The Development of Democratic Local Government in Nigeria’ in Aborisade and Mundt (Ed.), Local 

Government in Nigeria and the United States: Learning from comparison (Ife Local Government Publication Series. 1995); 

19 
25Wikipedia, <https://en.wikipedia.org/wiki/Jerome_Udoji> accessed 15 November 2020 
26T. Babawale, A. Alao and A. Adesoji., The Chieftaincy Institution in Nigeria (Concept Publishers for Centre for Black and 

African Arts and Civilization. 2010); 481-497 

https://en.wikipedia.org/wiki/Jerome_Udoji


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extricated from the centre of local Government operations and converted into 

informed observes of local government.27 

 

Through these avenues, traditional rulers were legally and formally insulated from the administration 

and affairs of government, as they were given very limited advisory roles to play. Even at the local 

levels which are the levels in which the traditional rulers commanded great respects, the military 

governments made the local government administrator/chairman superior to the traditional rulers.28 

More surprisingly, the current 1999 Constitution however does not mention the traditional institution 

at all thereby reversing the gains (if any) which the institution made over the years. 

 

4. A Comparative Analysis 
From the foregoing, it appears that the trend in Nigeria has been directed towards neglecting traditional 

institutions. This is irrespective of the perception that a total neglect of traditional institutions in local 

governance would lead to a total loss of local cohesion in the country. Therefore, it is imperative to 

embark on a comparative analysis concerning the roles of traditional institutions in local governance. 

Firstly, undoubtedly United Kingdom operates a monarchical system of government. This system 

basically involves a hereditary leadership. Monarchy as a system of government reflects the 

personification of the majesty and sovereignty of state in an individual. However, in the United 

Kingdom the function of the head of state lies with the royal family, while the role of chief executive 

resides in the Prime Minister elected from the British Parliament. Again, the composition of the British 

Parliament shows an attempt to imbue traditional governance into the contemporary British 

government. For instance, although House of Commons, being the second chamber of the British 

bicameral parliament, is composed of members which are democratically elected, the House of Lords 

includes two different types of members. That is, the Lords Spiritual, consisting of the most 

senior bishops of the Church of England, and the Lords Temporal, consisting of members of 

the peerage and life peers who are appointed by the Sovereign on the advice of the Prime Minister.29 

This shows an attempt to involve British traditional setup into contemporary governance. 

 

In Malawi, the constitution provide for specific roles for the traditional rulers by mandating that the 

Senate shall consist of eighty members including one Senator from each District, being a Chief 

registered as a voter in that District and elected by a caucus of all the Chiefs of that District in secret 

ballot within thirty days of each local government election.30 The Zimbabwean constitution of 1985 

provides for constitutional status for its traditional rulers. To this end, the institution, status and role of 

traditional leaders under customary law are recognized under the Zimbabwean constitution. The 

constitution provides that a traditional leader is responsible for performing the cultural, customary and 

traditional functions of a chief, headperson or village head, as the case may be, for his or her 

community.31 Therefore, in Zimbabwe the roles of traditional leaders include promoting and upholding 

cultural values of their communities and, in particular, to promote sound family values, to take measures 

to preserve the culture, traditions, history and heritage of their communities, including sacred shrines, 

to facilitate development, to administer Communal Land and to protect the environment in accordance 

with an Act of Parliament, to resolve disputes amongst people in their communities in accordance with 

customary law, to exercise any other functions conferred or imposed on them by an Act of 

Parliament.32More interestingly, the constitution also provides that except as provided in an Act of 

Parliament, traditional leaders have authority, jurisdiction and control over the Communal Land or other 

areas for which they have been appointed, and over persons within those Communal Lands or areas.33 

Furthermore, in the performance of their functions, traditional leaders are not subject to the direction or 

                                                           
27J. O. Egwurube, Traditional Rulers and modern Local Government in Nigeria – Where the Problem Lies! University of Ife 

Press. 1982) 
28Emordi, E. C. and Osiki, O. M, ‘Traditional rule in Nigeria: The Crisis of Relevance in Contemporary Politics” [2008] (4) 

Journal of History; 67-92 
29 Wikipedia, http://www.parliament.uk/documents/upload/.hofLB.pdf>  accessed 15 November 2020 
30See section 68 (1) (b) of the Malawi Constitution 1994 
31 See section 280 of the Zimbabwean Constitution 1995 
32 Section 282 of the Zimbabwean constitution 
33 Section 282 (2) of the Zimbabwean constitution 

https://en.wikipedia.org/wiki/Lords_Spiritual
https://en.wikipedia.org/wiki/Bishop
https://en.wikipedia.org/wiki/Church_of_England
https://en.wikipedia.org/wiki/Lords_Temporal
https://en.wikipedia.org/wiki/Peerage_of_the_United_Kingdom
https://en.wikipedia.org/wiki/Life_peerage
http://www.parliament.uk/documents/upload/.hofLB.pdf


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control of any person or authority, except as may be prescribed in an Act of Parliament.34The 

constitution also creates a National Council of Chiefs.35 

 

In Ghana, chieftaincy remains a very critical institution of government and has been upheld as an 

institution that will remain as an integral part of governance in Ghana as a way of preserving the cultural 

heritage of the Ghanaian people. It is the only institution to reckon with when national bureaucratic 

structures have failed.36 The constitution provides for constitutional status for traditional institution by 

specifically stating that ‘The institution of chieftaincy, together with its traditional councils as 

established by customary law and usage, is hereby guaranteed’.37 Again, although Chiefs who wish to 

venture into politics are required to abdicate their stool, the constitution creates Regional and National 

Houses of Chiefs with earmarked functions, and who are expressly prohibited from partisan policies.38 

In South Africa, the constitution permits national or provincial legislations to establish houses of 

traditional leaders and establish a council of traditional leaders.39 The constitution also recognizes the 

traditional institution, status and role of traditional leadership. In the same vain, subject to the 

constitution and any legislation that specifically deals with customary law, the constitution mandates 

the courts to apply customary law when that law is applicable.40 In Botswana, the constitution 

establishes a House of chiefs41 to serve as a consultative body to the government in respect of tribal 

matters. The constitution bestows the House of chiefs with certain constitutional functions including 

the function42 to consider the copy of any Bill referred to it which seeks to alter any of the provisions 

of the Botswana Constitution or affect the designation, recognition, removal of powers of Chiefs, Sub-

Chiefs or Headmen, the organization, powers or administration of customary courts, customary law, or 

the ascertainment or recording of customary law, tribal organization or tribal property.43 

 
5. The Critique 
From the literatures on the subject, there seems to be an intense debate that by totally neglecting the 

traditional institutions in local governance in contemporary African states, including Nigeria, there has been 

a loss of local cohesion in the polity. While it may be tempting to argue that traditional institutions are no 

longer needed in contemporary local governance however, the relevance of traditional institutions continue 

to emerge in various sectors of governance. For instance, the relevance which politicians place on traditional 

rulers, in order to garner local support, during political campaigns appears to be a pointer to the significance 

of traditional institutions in contemporary times. Again, traditional rulers seem to be more accountable and 

responsible than any other group, but they get little support from official channels notably the state 

government.44 Therefore, one wonders why most African States, including Nigeria, has completely neglected 

traditional institutions in local governance. This neglect has clearly led to several negatives , the present 

malpractices of the Community Development Associations (CDA) in land development shows that there is 

a dire need to entrust sensitive local functions to traditional rulers. This is also the situation with conflict 

resolution and management at the local levels. Although there are formal mechanisms available for conflict 

resolutions and management at the local level however, more often than not, these resolutions do not 

completely resolve the issues at stake and they are capable of generating unending enmity between the 

conflicting parties. Consequently, it has been argued by scholars that the traditional institutions could play a 

vital role in resolving such local disputes. To this end, in his analysis of the role of traditional institutions in 

the dispute at the Niger Delta Region of Nigeria, Kenneth Nweke stated that the traditional institutions are 

charged with legislative, executive and judicial functions. They make laws, execute them and interpret and 

apply the fundamental laws, customs and traditions of the people for the smooth running of their 

communities. Conflicts are usually managed and resolved based on the customs and traditions of the 

                                                           
34 Section 282 (3) of the Zimbabwean constitution 
35 Section 285 of the Zimbabwean constitution 
36Iyeh Peter, ‘Reconsidering Place of Traditional Institutions under the Nigerian Constitution: A Comparative Analysis’ [2014] 

(31) Journal of Law, Policy and Globalization; 145 
37 Article 270(1) of the Ghanaian Constitution 1992 
38 Articles 276 (1) and 272 (9) of the Ghanaian Constitution 
39 Section 212 of the South African Constitution 1996 
40 Section 211 of the South African Constitution 
41 Section 77 of the Botswana Constitution 
42 Section 85 of the Botswana Constitution 1966 
43 Section 88 (2) of the Botswana Constitution 
44J. O. Fatile, Boundary Disputes & Communal Conflict Resolutions: The Role of Traditional Rulers (Ziklay Consult 

Workshop. 2010); 386 



ACARELAR 2 (2021) 

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people.45Also, Peter Ekeh, while proposing his analysis of modern comparative politics in Africa made the 

point that most educated Africans are citizens of two publics in the same society. On the one hand, they 

belong to a civic public from which they gain materially but to which they give only grudgingly. On the 

other hand they belong to a primordial public from which they derive little or no material benefits but to 

which they are expected to give generously and do give materially. To make matters more complicated, their 

relationship to the primordial public is moral, while their relationship to the civic public is amoral. The 

dialectical tensions and confrontations between these two publics constitute the uniqueness of modern 

African politics.46 Hence, it appears that the traditional institution plays fundamental roles in the local 

arrangements. This position seems to be supported by the Supreme Court in Umeadi v. Chibunze.47 The apex 

court held in that case that, where parties who believe in the efficacy of a juju resort to Oath- taking to settle 

a dispute, they are bound by the result and so the common law principles in respect of proof of title to land 

no longer applies since the proof of ownership of title to land will be based on the rules set out by the 

traditional arbitration resulting to Oath- taking. Again, Nigeria’s president’s new approach in combating 

insecurity in the country seems to be in consonance with the above. In his bid to combat insecurity in Nigeria, 

the president recently urged State governors to engage with traditional rulers within their States.48 

 

6. Conclusion and Recommendations 
There is no doubt that traditional institutions enjoy a fundamental legitimacy in local arrangements. 

Nonetheless, their roles, especially after the local government reform of 1976, appear to be in a constant 

struggle with the functions of the local government councils. Therefore, their powers seem to be considerably 

restricted by the government. As argued above however, traditional rulers seem to be more accountable and 

responsible than any other group, but they get little support from official channels notably the state 

government.49 This is especially obvious when one considers the present massive corruption and 

malpractices which thrive in contemporary local governance. It is therefore imperative to propose relevant 

recommendations on the proper roles and functions which traditional institutions could play in local 

governance in Nigeria. Firstly, it is recommended that the Constitution of the Federal Republic of Nigeria 

1999 be altered to accommodate subnational constitutions. This would necessarily give each State of the 

federation the opportunity to include traditional rulers in local governance in relevant sectors. For instance, 

in States such as Delta state where local crises are predominant, traditional rulers could help to resolve these 

local disputes as they usually command respect and reverence from the locals.50 

 

Secondly, it is recommended that the Age Grade system which operated [and continue to operate] in several 

traditional settings should be incorporated into constitutional local governance. The present local 

government system should be overhauled to accommodate the age grade system. For instance, the Local 

Government Councillors should be elected from the Age Grade. This will ensure that responsible individuals 

who possess great affiliation to the community are elected as Councilors. Thirdly, it is recommended that 

the present land tenure system should be overhauled. In this wise, it is proposed that the prominent traditional 

rulers in each subnational region should be entrusted with the function of land administration in their 

particular territory. By so doing, in states where land disputes are rampant and usual, the traditional 

institution could effectively serve as a means to prevent and adequately settle such disputes.  It is important 

to note that this practice has been utilized in Zimbabwe and it has thrived. The importance of the traditional 

institution cannot be undermined, as expressed by Peter Ekeh who made the point that Africans view the 

civic public (that is, the present government/administrative arrangement) as an object of extortion, where 

they can constantly benefit without giving back.51 Finally, in order to assist the local government to function 

effectively, it is proposed that a House of Chiefs should be established in each local government council. 

This would help to check and balance the activities of local government chairmen especially as it appears 

that the Councilors in local government councils are often overridden by their chairmen. This is in line with 

the practice in Ghana where Regional Houses of Chiefs are bestowed with earmarked functions. 

                                                           
45Kenneth Nweke, ‘The Role of Traditional Institutions of Governance in Managing Social Conflicts in Nigeria’s Oil-Rich 

Niger Delta Communities: Imperatives of Peace-Building Process in the Post-Amnesty Era’ [2012] (5) (2) British Journal of 

Arts and Social Sciences; 206 
46P. P. Ekeh, ‘Colonialism and the Two Publics in Africa: A Theoretical Statement’[1975] (17) (1) Comparative Studies in 

Society and History; 19 
47(2020) 10 NWLR (Pt.1733) 405 @ 412,  Ratio 7 
48Premium Times, ‘Insecurity: Buhari Charges Governors to Work with Traditional Rulers’, 

<https://www.premiumtimesng.com/news/top-news/430214-insecurity-buhari-charges-governors-to-work-with-traditional-

rulers.html> accessed 9 December 2020 
49Fatile, ‘Boundary Disputes & Communal Conflict Resolutions. The role of traditional rule’, p. 386 
50L. A. Jinaduu, ‘The Constitutional Situation of the Nigerian States’ [1982] (12) PUBLIUS; 155, 158-59 
51Ekeh, ‘Colonialism and the Two Publics in Africa: A Theoretical Statement’, p. 3 

https://www.premiumtimesng.com/news/top-news/430214-insecurity-buhari-charges-governors-to-work-with-traditional-rulers.html
https://www.premiumtimesng.com/news/top-news/430214-insecurity-buhari-charges-governors-to-work-with-traditional-rulers.html

