His Majesty, Ogiame Atuwatse III, the Olu of Warri, has made called for the constitutional empowerment of Nigeria’s traditional justice system.
Olu of Warri, who spoke during a distinguished panel session, at the 2024 Annual General Conference of the Nigerian Bar Association (NBA) in Lagos, with the theme ‘Pressing Forward’, highlighted the pressing need for an introspective approach to governance that re-embraces traditional institutions.
He was on the panel with other monarchs such as Oba Adeyeye Enitan Ogunwusi, the Ọjájá II and Ooni of Ife; His Majesty Igwe Nnaemeka Alfred Ugochukwu Achebe, the Obi of Onitsha, and Hon. Justice Sidi Bage Muhammad I JSC (Rtd.), the Emir of Lafia, the Olu of Warri,
In his address, Ogiame Atuwatse III articulated the divine symbolism embodied by traditional rulers, asserting that they are, to an extent, representatives of the divine on earth
“God, being a lawgiver, mandates that we, as cultural umpires, reflect His methods of law, codes, and justice. While common law has its merits, I have personally observed inconsistencies that merit closer examination,” he said.
Reflecting on Nigeria’s journey to independence, the Olu of Warri lamented the gradual sidelining of traditional rulers from the governance process.
“During the independence era, traditional rulers were at the forefront of the dialogue. However, post-independence, politicians commandeered governance, relegating our traditional institutions to the periphery. Over the past 60 years, this has created clogs in the way society is administered.
“It is imperative for Nigeria’s leadership to retrace its steps and return to the source—our traditional institutions, which are essential to the establishment of democracy and self-actualisation in Nigeria,” he said.
The monarch underscored the irreplaceable role that traditional rulers play in Nigeria’s democratic process, emphasizing their contributions to cultural continuity, conflict mediation, grassroots development, and bridging the gap between the people and the state. He stressed that the exclusion of traditional institutions from the administration of justice leaves a significant void in Nigeria’s judiciary.
Addressing the critical issue of judicial delays, the Olu of Warri pointed out the prolonged duration of cases in Nigeria’s appellate courts.
“The Court of Appeal often takes between one to five years to resolve cases, and the Supreme Court, being the highest court in the land, may take even longer—sometimes up to seven years or more—before delivering a final judgment. These delays are due to a multitude of factors, including an overwhelming number of cases, limited judicial resources, and procedural inefficiencies,” he said.
The monarch acknowledged the presence of Alternative Dispute Resolution (ADR) mechanisms but advocated for their further empowerment through legal backing and legitimacy. He noted that while ADR exists, the perception that the formal judicial system offers more credible solutions persists.
“By involving traditional rulers in the judiciary, the system can benefit from the trust and respect that these leaders command within their communities.
This inclusion can help restore public confidence in the judiciary, making people feel more connected to the justice process,” he said.
The panel session, which saw the convergence of some of Nigeria’s most respected legal practitioners and traditional rulers, highlighted the necessity of integrating traditional justice systems into the broader judicial framework.
Their collective voice echoed a call for reforms that would not only lighten the load on Nigeria’s formal courts but also re-establish the role of traditional rulers as key players in the country’s democratic and judicial systems.
