Ondo State Attorney General and Commissioner for Justice, Olukayode Ajulo, SAN, has cautioned traditional rulers against exceeding the limits of their customary authority by converting their palaces into makeshift courts, detention centres or substitutes for statutory law-enforcement institutions.
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Ajulo gave the warning on Wednesday in Akure during a three-day capacity-building workshop organised for traditional rulers by the Ondo State Ministry of Local Government and Chieftaincy Affairs.
The workshop was themed, “Repositioning the Traditional Institution for Harmonious Communal Relationship, Security, Cultural Preservation and Sustainable Development.”
The Attorney General urged monarchs to exercise their traditional authority strictly within the Constitution and existing laws, stressing that traditional institutions function within Nigeria’s constitutional democracy.
According to him, while traditional rulers perform important customary, cultural and community responsibilities, their powers are distinct from those constitutionally and statutorily vested in the courts, police and other government agencies.
Ajulo explained that the Constitution does not recognise traditional institutions as a separate or “fourth arm of government,” even though traditional rulers remain important partners in local governance, peace-building, security and community development.
He therefore urged monarchs to concentrate on their recognised roles as custodians of culture and history, symbols of community identity, mediators, peace-builders and mobilisers of their people.
The Attorney General warned that traditional authority must not be transformed into a parallel criminal justice system.
He specifically cautioned monarchs against ordering the detention of individuals or conducting criminal proceedings within their palaces, saying allegations of crime must be referred to institutions legally empowered to investigate, prosecute and adjudicate such matters.
“An Oba should not order the indefinite detention of a person because that person is accused of stealing, insulting the palace, owing money, violating a community rule or participating in a dispute,” Ajulo said.
He advised traditional rulers who receive complaints concerning alleged criminal conduct to help maintain peace, preserve relevant information and provide credible intelligence to the appropriate security agencies rather than taking the law into their own hands.
Ajulo also emphasised the need for fairness in resolving customary and community disputes, noting that listening to all sides does not diminish the dignity or authority of a traditional ruler.
He encouraged monarchs to promote mediation and customary arbitration where appropriate but stressed that such mechanisms must be voluntary and clearly distinguished from formal judicial proceedings.
The Attorney General further warned traditional institutions against invoking customary authority as justification for self-help in disputes involving land grabbing, intimidation, unlawful entry or alleged illegal occupation.
According to him, monarchs should instead work to preserve peace while referring such disputes to the appropriate statutory authorities, including the state’s Anti-Land Grabbing Task Force where applicable.
Ajulo also called for stronger participation by traditional rulers in Ondo State’s security architecture through the provision of reliable community intelligence to the government and security agencies.
He maintained that traditional rulers, because of their proximity to their communities, could play an important role in identifying emerging threats and helping security agencies prevent crime.
The Attorney General, however, stressed that such security cooperation must remain within the law and should not result in traditional institutions assuming powers reserved for the police or courts.
Ajulo said closer collaboration between traditional institutions and statutory agencies would strengthen community security, promote peaceful coexistence and preserve the relevance of traditional authority while ensuring that monarchs operate within constitutional and legal boundaries.
He maintained that respect for the rule of law would ultimately strengthen, rather than diminish, the traditional institution and enhance public confidence in monarchs as custodians of culture, peace and community stability.
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