Traditional Rulers, Council and Chiefs Law

TRADITIONAL RULERS, COUNCIL AND CHIEFS LAW

1. Citation. This Law may be cited as the Traditional Rulers, Council and Chiefs Law

2. Interpretation. In this Law, unless the context otherwise requires - “appropriate authority” means the member of the State Government charged with responsibility for matters relating to traditional rulers and chiefs; “appropriate government department” means the Department of Government charged with responsibility for matters relating to traditional rulers and chiefs; “Chairman” includes the Chairman of the Delta State Council of Traditional Rulers established under section 39 of this Law; “chief” means * a person whose chieftaincy title is associated with a community in the State and includes a traditional chief and an honorary chief; “clan’’ means (i hamlet, settlement, village, town, city, part thereof or a number of hamlets, settlements, villages, towns, parts of cities, or parts thereof, the majority of the indigenes of which are believed to have a common ancestry indigenous to the State. “committee” means the traditional rulers and chiefs committees established for each Local Government Council in the State by section 42 of this Law; “council” means a traditional council established by the Government under any written law, and, where the context so requires, includes the State Council of Traditional Rulers established under section 39 of this Law; “declaration” means a written statement approved by the Government and registered by the appropriate Government Department as embodying the customary method of selecting a person to be the holder of a traditional ruler title or of a chieftaincy title as the case may be; “ethnic unit” means a clan or a group of clans or towns or village^ comprising persons with a common language; “Executive Council” means the Executive Council of the State; “government” means the government of Delta State of Nigeria; “honorary chief” means the holder of a chieftaincy title to which no specific traditional functions are attached; “king-makers” in relation to a traditional ruler title means the persons entitled in accordance with customary law to select a person to be the holder of that title; “linguistic group” means a group of persons with a common language; “local government council” in relation to the traditional ruler title or chieftaincy title means the local government council established by the appropriate law for the local government area with which the title is associated; “repealed Law” means the Chief Law, 1957 of the Laws of Delta State of Nigeria, 1976; “rotatory title” means a title succession to which is by rotation among two or more villages, quarters or kindred groups; “ruling house” in relation to a traditional ruler title or a chieftaincy title means the descendants of a lineal ancestor entitled in accordance with customary law to provide from amongst themselves a candidate or candidates for that title; “secretary” means the secretary to a traditional council or committee; “State” means the Delta State of Nigeria; “sub-clan” means a town or village within a clan whose traditional head is not subordinate to any other traditional head in the clan; “title” means a traditional ruler title or a chieftaincy title; “traditional chief’ means the holder of a chieftaincy title to which traditional functions are attached; “traditional committee” in relation to a traditional ruler title or to a chieftaincy title means the traditional committee established under section 44 of this Law for the Local Government Area with which the traditional rulers title or chieftaincy title is associated; “traditional ruler” means 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 recognised as a traditional ruler title by the Government of the State.

3. Declaration of customary law relating to appointment of traditional rulers. (1) Subject to provisions of this Law, a traditional committee may and shall, if so required by the Executive Council, make a declaration in writing stating the customary law which regulates the selection of a person to be the holder of a traditional ruler title associated with any community in its area. (2) In the case of a ruling house title - (a) the declaration shall include a statement of the customary law relating to the following matters- (i) the number of ruling houses and the identity of each, such ruling house; (ii) where there is more than one ruling house, the order pf rotation in which the respective ruling houses are entitled to provide candidates to fill successive vacancies in the title; (iii) the person who may be proposed as candidates by a' ruling house entitled to fill a vacant title; (iv) the number and identity of the king-makers; (v) the method of nomination by each house; and (vi) the identity of any other person whose consent is required to a selection made by the king-makers, and the usage regulating the granting or withholding of such consent. (b) where there is more than one ruling house and before the making of the declaration, the right of providing candidates has not been exercised under customary law in accordance With an ascertainable order of rotation, the traditional council shall include in the declaration a recommendation as to the order in which the ruling houses shall exercise that right after the coming into effect of the declaration; and (c) where there are more than one family in a ruling house, paragraphs (a) and (b) of this subsection shall apply mutatis mutandis as if reference to a ruling house was to a family in determining the order of rotation among the families and the method of selection of a candidate from each family to take the turn of the ruling house of which the families are component parts in filling successive vacancies in the traditional ruler title. (3) In the case of a traditional ruler title which rotates among certain families, kindred groups, quarters, villages or towns, subsections (2) and (5) of this section shall apply mutatis mutandis as if- reference to “ruling house” was reference to a family, a kindred group, a quarter, a village or a town as the case may be. (4) In the case of à traditional ruler title other than a ruling house or rotatory title, the declaration spall contain a sufficient description of the method of succession to the traditional ruler title. (5) In exercise of its powers under this section, a traditional committee shall ensure that no family or group is declared as a ruling house which at the time of making the declaration is not generally recognised as such by the community with which the traditional ruler concerned is associated and, in particular, shall not declare as a ruling house a family which has been in the remote past so recognised but is not recognized in the time of making the declaration and any such declaration irrespective of the time lapse shall be void ab initio from the date of registration.

4. Power of appropriate authority with respect to declarations. (1) A traditional committee shall submit to the appropriate authority - (a) any declaration made under this Part; and (b) the appropriate authority shall submit the declaration together with his comments to the Executive Council for consideration. (2) Where it appears to the appropriate authority that a declaration made under this Section - (a) does not contain the matters required to be included by section 3 of this Law; or (b) does not otherwise contain sufficient and clear statement of the customary law relating to any matter in respect of which it is made, he may, instead of submitting the declaration to the Executive Council, refer that declaration back to the traditional committee, drawing the attention of the committee to the defect in the declaration and require the committee to amend the declaration or make a new declaration accordingly.

5. Power of the Executive Council with respect to declarations. (1) The Executive Committee may approve or refuse to approve a declaration made under this Part: Provided that irrespective of such approval or refusal it may - (a) cause an enquiry to be held in accordance with section 27 of this Law; or (b) whether or not any enquiry has been held, require the traditional committee to amend the declaration in any respect that the Executive Committee may specify. (2) Where in respect of a traditional ruler title - (a) the traditional committee fails to make or amend a draft declaration within sixty days of being required to do so in accordance with sections 3 or 4 of this Law as the case may be; or (b) a traditional committee fails to amend in the manner specified by the Executive Committee a draft declaration made by it within six months of being required to do so in accordance with subsection (1) (b) of this section, the Executive Council may make a declaration in respect of that title. (3) Before exercising the power conferred by subsection (2) (b) of this section, the Executive Council may cause such inquiries as appear to it to be necessary or desirable to be held in accordance with section 27 of this Law. (4) The declaration that may be made by the Executive Council in accordance with subsection (3) (b) of this section shall not be registered unless it is passed by a simple majority of the House of Assembly. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (5) Where the declaration made pursuant to subsection (3) (b) of this section is not passed by resolution of the House of Assembly in accordance with subsection (5) of this section, the customary law regulating the selection and succession to the traditional ruler title associated with such clan, sub clan, or community shall prevail until a fresh declaration is registered. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

6. Registration and custody of declarations. (1) Every draft declaration of a traditional committee approved by the Executive Council and every declaration made by the Executive Council under this Law shall be registered and retained in safe custody by the appropriate government department not later than one month after the declaration is approved by the Executive Council. (2) No declaration shall come into effect until it is so registered. (3) The Executive Council, subject to a resolution of the House of Assembly, may by order published in the State Gazette cancel any declaration made or registered, and such declaration shall cease to exist. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (4) Where any declaration had been made or registered before the one cancelled the earlier declaration shall be deemed to be the registered declaration under this Law until otherwise cancelled, modified, altered or repealed in accordance with this Law. (5) Where no declaration is registered before the one cancelled the customary Iaw of the clan on the matter shall prevail until a fresh declaration is registered.

7. Amendment or substitution of defective or faulty registered declarations. (1) Where the Executive Council is satisfied that a registered declaration - (a) does not contain a true or sufficiently clear statement of the customary law which regulates the selection of a person to be the holder of a traditional ruler title; or (b) does not contain a sufficient description of the method of succession to such a title; or (c) contains any error whether as to its form or substance; or (d) is otherwise defective, faulty or objectionable, having regard, to the provisions of this law, the Executive Council may require the traditional committee to - (i) amend such declaration in any respect that it may specify; or (ii) make a new declaration, according as it may consider necessary or desirable in each case notwithstanding that such a declaration may have been approved by the Executive Council or registered under section 6 of this Law; and (iii) with or without reference to the traditional committee may modify, alter, cancel or repeal such registered declaration. (2) The Executive Council may approve or refuse to approve a registered declaration or amend a new declaration made by a traditional committee under subsection (1) of this section. (3) Where a traditional committee fails to amend a registered declaration in the manner specified by the Executive Council or to make a new declaration within three months of being required to do so in accordance with subsection (1) of this section, the Executive Council may amend the declaration in respect of the traditional ruler title concerned as it may consider appropriate or make a new declaration in respect of the title. (4) No declaration made or modified, amended, altered, cancelled or repealed by the Executive Council in accordance with subsection (1) (iii), (2) or (3) of this section shall be re-registered or registered unless it is passed by a resolution of the House of Assembly. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (5) The provisions of section 4 of this Law shall apply mutatis mutandis in respect to any amendment to a registered declaration or any new declaration made by a traditional committee under subsection (1) of this section. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

8. Power of the Executive Council to appoint any person or persons to make declarations. (1) Subject to the provisions of this Law, the Executive Council shall appoint any person or persons to investigate the method of selection of a person to be the holder of any traditional ruler title and to make a declaration in writing stating the customary law which regulates the selection of such a person to be the holder of the title. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (2) Any person or persons appointed by the Executive Council under subsection (1) of this section to make a declaration in respect of any traditional ruler title shall exercise the powers and discharge the duties conferred or imposed by section 3 of this Law upon a traditional committee. (3) A declaration made under this section shall be submitted to the appropriate authority. (4) The appropriate authority shall submit the declaration made in accordance with this section together with his comments thereon to the Executive Council. (5) Before discharging the functions conferred upon him under subsection (4) of this section, the appropriate authority may refer the declaration to the traditional committee for comments. (6) A declaration referred to the traditional committee in accordance with subsection (5) of this section shall be deemed to have the support of the committee if the committee fails to make comments thereon within sixty days of its being required to do so. (7) The Executive Council may amend or approve a declaration made under this section.

9. Registration of declarations amended or made under sections 7 and 8. (1) Any registered declaration amended or a new declaration made by a traditional committee or by a person or persons appointed under section 8 (1) of this Law and approved by the Executive Council, and any registered declaration amended or new declaration made by the Executive Council under section 7 of this Law shall be re- registered, as the case may be, and preserved as required in section 6 (1) of this Law. (2) No amended registered declaration and no new declaration made under section 7 or 8 of this Law shall come into effect until it has been re-registered or registered, as the case may be, in accordance with subsection (1) of this section and upon being so re-registered or registered, such declaration shall supersede any written law in respect of the traditional ruler title to which such declaration relates.

10. Effect of amendment or substitution of registered declaration. Upon a registered declaration being amended and re-registered or a new declaration being made and registered in accordance with the provisions of sections 7, 8 and 9 of this law, the powers and duties conferred or imposed by sections 7 or 8 of this Law upon any person or authority shall cease absolutely to be exercisable or capable of being exercised or discharged by that person op authority in respect of the traditional ruler title to which such re-registered or new declaration relates.

11. Declarations deemed to be State Customary Law. Declarations deemed to be State Customary Law Where a declaration in respect of a traditional ruler title is registered or re-registered under this Law, the matters therein stated (including any recommendation under section 3 (2) (b) of this Law shall be deemed to be the customary law regulating the selection of a person to be the holder of that traditional ruler title to the exclusion of any other customary usage or rule subject to section 3 (5) of this Law.

12. Savings. Nothing in sections 7 to 10 of this Law and in particular no amendment or re-registration of a registered declaration or making and registration of a new declaration in accordance with the provisions of those sections shall by itself alone affect the validity of any selection, appointment, approval, or setting aside of any selection of appointment of any holder of a traditional ruler title, or any other thing whatsoever lawfully made or done or caused to be made or done by any person or authority in accordance with the provisions of this Law before any such amendment or registration of a registered declaration or making and registration of a new declaration.

13. Qualifications and disqualifications of candidates. (1) A person shall, unless he is disqualified under subsection (2) of this section, be qualified to be a candidate to fill a vacancy in a traditional ruler title if - (2) No person shall be qualified to be a candidate for a traditional ruler title who - (a) suffers from serious physical infirmity;

14. Procedure for filling vacancies in a traditional ruler title having a ruling house or which is rotatory. (1) Where a vacancy occurs in a traditional ruler title which has a ruling house or ruling houses and there exists in respect of such title a registered declaration - (a) the secretary to the traditional committee shall announce the name of the ruling house entitled according to customary law to provide candidates to fill that vacancy; (b) not later than thirty days after the announcement by the secretary, the members of the ruling house acting either jointly or severally, shall submit the name of a candidate or names of candidates to the king-makers; (c) if within the time prescribed by paragraph (b) of this subsection or such extended period not exceeding fourteen days as the secretary may allow, the ruling house named in the announcement fails to submit the name of a candidate or names of candidates, and there is more than one ruling house, the secretary shall make an announcement accordingly and the ruling house next entitled according to the customary order of rotation or the order of rotation contained in the registered declaration shall be entitled to submit a name of a candidate or names of candidates within the period of thirty days immediately following such announcement, and so on according to the same procedure until the name of a candidate or names of candidates are submitted to the king-makers; (d) within not more than fourteen days after the submission of the name of a candidate or names of candidates, the king-makers shall proceed to select a person to fill the vacancy in accordance with the provisions of paragraph (e) of this subsection; (e) (i) if the name of only one candidate is submitted who appears to the king- makers to be qualified and not disqualified in accordance with section 13 of this Law, they shall declare him to be selected; (ii) if the names of more than one candidates are submitted who appear to the king- makers to be qualified and not disqualified in accordance with section 13 of this Law, the names of those candidates shall be submitted to the vote of the king-makers and the candidate who obtains the majority of votes of the king-makers present and voting shall be declared selected; (iii) in voting for the candidates, the king-makers shall have regard Jo the custom, the relative ability, character and popular support of each candidate; (iv) if that name of only one candidate is submitted and it appears Jo the king-makers that he is not qualified or is disqualified in accordance with section 13 of this Law or if, in the case of a traditional ruler title which has only one ruling house, no candidate’s name is submitted to the, king-makers-, they shall inform the ruling house (2) Where a vacancy occurs in a rotatory traditional ruler title the provisions of subsections. (1) and (3) of this section shall apply mutatis mutandis in respect of that vacancy. (3) For the purposes of subsection (1) (a) of this section, an announcement shall be made in any one or more of the following ways, that is to say, by - (a) delivering a notice in writing to the ruling house concerned; (b) causing the town crier to announce the notice for at least three times in the street, quarter, village or town where the ruling house is situate; (c) widely publishing a notice in an, appropriate manner in the local government area concerned; (d) notification at the earliest practicable ordinary meeting of the committee to be held after the occurrence of the vacancy.

15. Procedure for filling vacancies in other traditional ruler titles. Where a vacancy occurs in a traditional ruler title which has no ruling house, or which not rotatory and there is a registered declaration with respect to that title, a qualified person shall be nominated, selected and appointed in accordance with the declaration.

16. Appointment of regent. (1) Where a traditional title which is hereditary by primogeniture is vacant and the heir- apparent to the title is a minor or does not ascend the throne immediately after the title becomes vacant, the Executive Council may approve the appointment of a person or persons as regent to perform such traditional functions and exercise such traditional powers and privileges attaching to the traditional title as are required to be performed or exercised by a regent under customary law if the Executive Council is satisfied that the appointment of such person or persons as regent is in accordance with customary law. (2) Any appointment made and approved under subsection (1) of tips Section shall cease to be effective on the date on which the heir-apparent to the traditional ruler title attains the age of eighteen years: Provided that where the heir-apparent does not ascend the throne immediately on attaining the age of eighteen years, he may re-appoint such a person or appoint any other person or persons to act as regent for such period or periods and subject to such terms and conditions as he may determine, until he assumes the office of the traditional ruler title. (3) The provisions of Subsection (1) of this section shall apply in relation to any reappointment or appointment made pursuant to subsection (2) of this section.

17. Default in performance of functions. (1) Where - (a) the secretary to the traditional committee or the king-makers fail to discharge any function conferred upon him or them, as the case may be, by section 14 of this Law within the time required; or (b) in the case of a traditional ruler title which has no ruling house or which is not rotatory, any persons entitled to nominate and select for a vacancy fail to exercise their powers within such time as appears reasonable to the Executive Council, the appropriate authority on the direction of the Executive Council may appoint such persons as it may think fit to exercise those powers and perform those functions, in place of the secretary, king-makers or other persons in default. (2) Subject to the provisions of subsection (1) of this section, the performance, after the expiration of the period prescribed, of any function under section 14 of this Law by the secretary or king-makers or of any functions required to be performed under section 15 of this Law by any persons entitled to nominate, select or appoint to a vacancy shall not, by reason only of its being performed out of time, be invalid.

18. Secretary to inform appropriate authority of appointments. As soon as practicable after the declaration of a selection for succession to a traditional ruler title, the secretary to the traditional committee shall inform the appropriate authority thereof.

19. Approval of appointment. (1) Subject to the provisions of this section, the Executive Council may approve or set aside the selection of a traditional ruler. (2) The Executive Council shall have power to approve or set aside a selection within the period of twenty-one days or such other reasonable period after notification in accordance with section 18 of this Law and during that period - (a) an unsuccessful candidate or; (b) a ruling house in respect of the traditional ruler title; or (c) any interested party, may make representations to the Executive Council on the selection in such manner as the appropriate authority may prescribe. (3) In determining whether to approve or set aside a selection under this section the Executive Council may have regard to? - (a) whether the provisions of sections 13 and 14 of this Law have been complied with; (b) whether any candidate was qualified or disqualified in accordance with the provisions of section 13 of this Law. (c) whether the customary law relating to the appointment has been complied with; (d) whether the king-makers, in the case of a ruling house traditional ruler title, had due regard to the ability, character or popular support ofany candidate; or (e) whether the selection was obtained corruptly or by the undue influence of any person, and may, notwithstanding that it appears to it that the selection has been made in accordance with the provisions of this Law, set aside a selection if it is satisfied that it is in the interest of peace, order and good government to do so. (4) Where the Executive Council sets aside a selection, it shall - (a) in the case of a traditional ruler which has a ruling house, require the ruling house to submit the name of some other person as candidate to the kingmakers and the ruling house and the king-makers shall then proceed in accordance with section 14 of this Law as if the name of that ruling house had been announced by the secretary to the traditional council; (b) in the case of a traditional ruler title which has no ruling house, require the persons responsible under customary law for the nomination and selection of a person to fill the vacancy in that title to select another person in accordance with that customary law within such time as the Executive Council may specify. (5) The provisions of subsection (4) of this section shall apply mutatis mutandis to a rotatory traditional ruler title. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

20. Offences. (1) Where a vacancy occurs in a traditional ruler title and no person has been proved as successor thereto by the Executive Council in accordance with this Part, any person who installs or purports to install a person as such a traditional ruler or any person who permits himself to be installed as such a traditional ruler shall be guilty of an offence and shall be liable on conviction to imprisonment for two years or to a fine of fifty thousand naira. (2) Any person - (a) who installs or purports to install a person as a traditional ruler other than the person approved by the Executive Council in accordance with this Part; or (b) who, not being the person approved by the Executive Council in accordance with this Part, permits himself to be installed as a traditional ruler; shall be guilty of an offence and shall be liable on conviction to imprisonment for two years or a fine of N5,000.00. (3) Where a person has been approved as a traditional ruler in accordance with this Part, any other person who, holds himself out as such a traditional ruler or wears any of the regalia of such a traditional ruler shall be guilty of an offence and shall be liable on conviction to imprisonment for two years or a fine of fifty thousand naira. (4) Where a person has been approved as a traditional ruler in accordance with this Part, any other person who - (a) without the authority of the traditional ruler takes possession of any residence; regalia or other property attaching to such traditional ruler title; or (b) prevents or obstructs the traditional ruler or any other person authorised by the traditional ruler from taking possession of any such residence, regalia or other property, shall be guilty of an offence and liable on conviction to imprisonment for three years or to a fine of one hundred thousand naira. (5) Any person who prevents or obstructs the holding of any ceremony connected with the installation of a person whose appointment as a traditional ruler has been approved by the Executive Council in accordance with this Part shall be guilty of an offence and shall be liable on conviction to imprisonment for one year or a fine often thousand naira. (6) Any person who - (a) purports to create a traditional ruler title or any title purporting same to be a traditional ruler title; or (b) not being a traditional ruler assumes any traditional ruler title or any title purporting same to be a traditional ruler within any local government area; or (c) not being a traditional ruler or a regent appointed in accordance with this Part, purports to exercise or discharge any of the powers or duties attaching to the holder of a traditional ruler title without the prior authority of the approved traditional ruler or the Executive Council as the case may be; or (d) having ceased to be a regent in accordance with section 16 (2) of this Law, holds himself out or parades himself as, or calls himself or allows himself to be called a regent or performs any of the duties of a traditional ruler before or after the installation of the traditional ruler concerned, shall be guilty of an offence and shall be liable on conviction to imprisonment for two years or a fine of twenty thousand naira. (7) Any person who, not being a traditional ruler appointed in accordance with this Part addresses himself or allows himself to be addressed as “His Highness” including any grammatical form of that address or the traditional form of address of a traditional ruler within a community, shall be guilty of an offence and liable on conviction to six months’ imprisonment or a fine often thousand naira.

21. Appointments of prescribed authority. The Executive Council may appoint in respect of a local government area or part thereof, an authority (in this Law referred to as “the prescribed authority”) consisting of a person or a committee of two or more persons to exercise the powers conferred under this Part in respect of the office of a traditional chief or an honorary chief whose chieftaincy title is associated with a community in that area.

22. Approval of appointment of traditional chiefs. (1) The conferment of a traditional chieftaincy title shall be in accordance with the Customary law and shall be subject to the approval of the prescribed authority or where tHe provisions of section 23 have been applied, to the approval of the Executive Council. (2) Where a traditional chieftaincy title is conferred on a person by those entitled by customary law so to do and in accordance with customary law the prescribed authority or the Executive Council as The case may be, shall approve the appointment. (3) Where there is a dispute as to whether a traditional chieftaincy title has been conferred on a person in accordance with customary law or as to whether a traditional chieftaincy title has. Been conferred on the right person, the Committee, may first determine the dispute. (4) The prescribed authority shall not withhold approval of the conferment of a traditional chieftaincy title on a person if such conferment is made in accordable with the customary law regulating the conferment of the chieftaincy title. (5) The Executive Council may, on the application of any aggrieved party - (a) review the decision of a prescribed authority made under subjection (3) of this section and substitute its own decision thereof; or (b) approve the conferment of a traditional chieftaincy title on a person if such approval was withheld by the prescribed authority contrary to subsection (4) of this section. (6) Before exercising the power vested in it by subsection (5) of this section, the Executive Council may cause such enquiries as appear to it to be necessary or desirable to be held in accordance with section 27 of this Law.

23. Declarations with respect to traditional chiefs. (1) Where a traditional chieftaincy title in a federated clan is, under customary law, not conferred by the prescribed authority, or where the holder of a traditional chieftaincy title in a federated clan is not subject to the jurisdiction of the prescribed authority under customary law, the Executive Council shall by order apply the provisions of this section to such traditional chieftaincy title. (2) The traditional committee may, and shall, if so required by the, Appropriate authority make a declaration in writing stating the customary law which regulates the section of a person to be the holder of a traditional chieftaincy title to which the provisions of this Section have been applied. (3) The provisions of sections 3, 4, 5, 6 and 7 shall apply mutatis mutandis to declarations made under this section. (4) The provisions of sections 8, 9,10,11 and 12 shall also apply mutatis mutandis to a traditional chieftaincy title to which the provisions of this section have been applied and to the declaration made in respect of the title as appropriate.

24. Appointment of honorary chiefs. (1) The conferment of an honorary chieftaincy title on a person shall be by the prescribed authority except as otherwise regulated by the particular custom relating to that title of the community, clan or sub-clan save that, in the case of a town or village over which the prescribed authority does not, under customary law, exercise traditional jurisdiction, the conferment of an honorary chieftaincy title on a person shall be by a traditional chief to which section 23 of this Law has been applied. (2) The conferment of an honorary title under this section shall be subject to the approval of the traditional committee except as otherwise regulated by the particular custom and tradition. (3) Where there is a dispute on the conferment of an honorary chieftaincy title On a person, the traditional committee shall first determine the dispute.

25. Registration of chiefs. (1) The prescribed authority or the secretary to the committee shall forward the name and other particulars of a chief (whether traditional or honorary) on whom a title has been conferred under this Part to the appropriate government department for registration. (2) The conferment of a chieftaincy title shall be valid from the date of conferment.

26. Offences with respect to traditional and honorary chieftaincies- (1) Any person who - (a) not being a traditional chief or an honorary chief on whom a chieftaincy title has been conferred under this Part - (i) holds himself out or parades himself as, or calls himself or allows himself to be called, a chief which chieftaincy title is associated with a community in the State; or (ii) assumes any chieftaincy title or any title purporting same to be a chieftaincy title associated with a community in the State; or (iii) purports to exercise or discharge any of the powers or duties conferred on the holder of a traditional or an honorary chieftaincy title associated with a community in the State; (b) (i) takes part otherwise than by mere presence in any ceremony conferring or purporting to confer a chieftaincy title on a person other than in accordance with this Law; (ii) purports to create any chieftaincy title associated with a community in the State contrary to the provisions of this Part, shall be guilty of an offence and shall be liable on conviction to imprisonment for two years or a fine often thousand naira. (2) Where there is a vacancy in a traditional chieftaincy title after the commencement of this Law, any person who - (a) confers or purports to confer that title on a person who is not the person approved by the prescribed authority or the Executive Council as the case may be; or (b) not being the person on whom the title is conferred by the prescribed authority or the Executive Council as the case may be, penults himself to be conferred with that title, shall be guilty of an offence. (3) Where a chieftaincy title has been conferred on a person or the conferment of a chieftaincy title on a person has been approved by the prescribed authority or by the Executive Council or the Committee, as the case may be, any other person who holds himself out as the holder of such chieftaincy or title shall be guilty of an offence. (4) Any person who obstructs or prevents the holding of any ceremony connected with the taking of a chieftaincy title conferred or approved by the prescribed authority or by the Executive Council or the committee, as the case may be, shall be guilty of an offence. (5) Where a traditional chieftaincy title has been conferred on a person approved by the prescribed authority, or by the Executive Council, as the case may t>e, any other person who - (a) without; the authority of the traditional chief takes possession of any residence, regalia or other property attaching to or connected with the chieftaincy title under customary law; or (b) prevents or obstructs the traditional chief or his authorised servants or agents from taking possession of any such residence, regalia or other property, shall be guilty of an offence. (6) A person convicted of an offence under the provisions of this section shall be liable on conviction to imprisonment for six months or a fine of ten thousand naira.

27. Inquiries. (1) The Executive Council or the appropriate authority.as the case may be, may cause such inquiries to be held at such times and in such places and by such person or persons as it may consider necessary or desirable for the purpose of this Law. (2) The provisions of the Commission of Inquiry Law shall apply in relation to an inquiry under this Law.

28. Withdrawal of approval of appointment, suspension and deposition of traditional rulers, regents and chiefs. (1) The Executive Council may withdraw the approval of the appointment of, or suspend or depose, any traditional ruler, regent, traditional chief or an honorary chief whether appointed before or after the commencement of this Law, if it is satisfied that suit withdrawal, suspension or deposition is required according to customary law or is necessary in the interest of peace or order or good government. (2) Where a traditional ruler, regent, traditional chief or an honorary chief is suspended under subsection (1) of this section, the Executive Council shall specify the powers and duties under customary law or under any written Law that shall not be exercised or discharged by such a traditional ruler, regent or traditional chief and may make such provisions for the temporary exercise and discharge of such powers and duties by any other person or number of persons as it may think fit. (3) Where the approval of the appointment of a traditional ruler or of a traditional chief is withdrawn or where a traditional ruler, or a traditional chief is deposed under subsection (1) of this section, the traditional ruler title or chieftaincy title, as the case may be, shall be deemed to be vacant from the date of the withdrawal or deposition, as the case may be, and shall be filled in accordance with the provisions of this Law. (4) The Executive Council may by notice in the State Gazette delegate to a prescribed authority or a traditional committee the powers conferred by subsections (1) and (2) of this section with respect to traditional chiefs or honorary chiefs whose chieftaincy titles are associated with a community in the area for which the prescribed authority or traditional committee is appointed. (5) Any delegation made under subsection (4) of this section shall be revocable by the Executive Council and no delegation shall prevent the exercise by the Executive Council of any power under this Law. (6) The Executive Council shall, before undertaking any act or acts in respect of subsections (1) and (4) of this section, refer such act or acts to the House of Assembly for approval by simple majority. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (7) Any person who, having been suspended in accordance with the provisions of subsection (1) of this section, exercises or discharges any of the powers or duties specified by the Executive Council or the prescribed authority as the case may be as not to be exercised or discharged by the person so suspended shall be guilty of an offence and liable on conviction to imprisonment for six months or a fine of ten thousand naira. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (8) Any person who, having been deposed from a traditional ruler title or a chieftaincy title in accordance with the provision of subsection (1) of this section - (a) holds himself out as being the holder of that title; or (b) purports to exercise or discharge any of the powers or duties attaching to the holder of that title, shall be guilty of an offence and liable on conviction to imprisonment for six months or a fine of two thousand naira. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (9) Any person who, after the withdrawal of the approval of his appointment as a traditional ruler or as a chief in accordance with the provisions of subsection (1) of this section - (a) holds himself out as being the holder of that traditional ruler title or chieftaincy title as the case may be; or (b) purports to exercise or discharge any of the powers or duties attaching to the holder of that traditional ruler title or chieftaincy title, shall be guilty of an offence and liable on conviction to a term of imprisonment for six months or a fine of ten thousand naira. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (10) Nothing in the preceding subsections of this section shall be construed so as to extinguish or otherwise prejudice the right of a heir-apparent to succeed to a vacant title where, under customary law, succession to that title is hereditary by primogeniture. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

29. Right of abdication by a traditional ruler. (1) A traditional ruler or a traditional chief to whose title section 23 has been applied shall have the right to abdicate his title. (2) A traditional ruler or a traditional chief to whose title section 23 has been applied small in writing notify the secretary to the Committee of his abdication of his title and such notification shall be supported with a sworn declaration stating, among' other things, the reasons for the decision for so abdicating. (3) The secretary to the Committee shall immediately notify the appropriate authority, the abdication of a traditional ruler or a traditional chief under this section. (4) Where a traditional ruler or a traditional chief abdicates his traditional rule title chieftaincy title in accordance with subsections (1) and (2) of this section, the titles rail be deemed to be vacant as from the date of the notification to the secretary to the Committee, and the vacancy shall thereafter be filled in accordance with the provisions of this Law.

30. Stipends and allowances payable to traditional chiefs. (1) The Executive Council may from time to time prescribe the stipends and allowances to be paid to traditional rulers and the manner in which such payment shall be made. (2) The stipends and allowances of traditional rulers specified by the Executive Council under subsection (1) of this section shall be a direct charge to the revenue of the local government council and shall not be subject to modification without the approval of the Executive Council. (3) The stipends and allowances payable to traditional rulers and traditional chiefs under subsections (1) and (2) of this section shall be income tax free, and for the avoidance of doubt, the incomes of any traditional ruler or traditional chief derived from other sources shall be liable to tax in accordance with the relevant income tax laws.

31. Banishment of convicted person or suspended traditional ruler or traditional chief. (1) If any person shall have been convicted of an offence against the provisions of this Law or shall have been suspended or deposed or the approval of his appointment shall have been withdrawn under the provisions of section 28 of this Law and the Execute e Council shall consider that in the interest of public safety or public order, peace and good government, an order of banishment to any place in the State shall be made in respect of such person, the Executive Council shall, subject to a resolution of two thirds majority of the House of Assembly, by order published in the State Gazette banish such a person accordingly. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (2) If a person ordered to be banished is sentenced to any term of imprisonment, such sentence shall be served before the order of banishment is carried into effect. (3) An order of banishment may be exercised to be in force for a limited time or for an indefinite period and may require the person banished to report himself to the nearest police station at such intervals as may be prescribed in the order. (4) An order of banishment shall be sufficient authority to all persons to whom it is directed or delivered for execution to receive and detain the person therein named and to carry him to the place named. (5) If a person banished under this Law leaves or attempts to leave the place to which he has been banished while the order of banishment is still in force, without the written consent of the Executive Council, which consent may be given subject to any terms as to security for good behaviour or otherwise as the Executive Council may deem expedient, or wilfully neglects or refuses to report himself as ordered, such person shall be liable to imprisonment for six months and after the service thereof to be again banished on a fresh warrant under the original order or under a new order.

32. Description of ownership of property of traditional rulers in criminal cases. (1) Where in any criminal proceedings it is necessary to name the person to whom any property belongs and that property is the property of a traditional ruler by virtue of his traditional ruler title, it shall be sufficient to name such traditional ruler by whichever title such traditional ruler is known notwithstanding that no person has been duly appointed or installed as such traditional ruler or that there is a dispute in «respect of such traditional ruler title, and the provisions of sections 146, 147 and 154 of the Criminal Procedure Law in particular, and any other similar provisions in any other written law shall be construed accordingly. [Cap. C22.] (2) Where the title of a traditional ruler or of a traditional chief is hereditary by primogeniture, the property of the traditional ruler or the traditional chief, as the case may be, shall not be subject to the provisions of the Administration of Estates Law or of any other enactment regulating devolution of property upon death and such property shall, subject to customary law, devolve on the heir-apparent immediately on the demise of the traditional ruler or of the traditional chief, as the case may be. [Cap. A1]

33. Delegation of powers by Executive Council. (1) Subject to the provisions of this section the Executive Council may, by notice in the State Gazette, delegate to the appropriate authority upon such terms and conditions as may be specified in the said notice power to perform on its behalf such duties as are required to be performed by it under - (a) sections 5, 7 and 8 in respect of any traditional ruler title or traditional chieftaincy title, or any class or classes of traditional chiefs; or (b) section 19 or 37, and thereupon or from the date specified in the notice, the appropriate authority, shall have and exercise such powers and duties. (2) The Executive Council may in the like manner revoke any such notice and may exercise any powers or perform any duties conferred upon it by or under this Law notwithstanding the delegation by it of such powers or duties.

34. Power to conduct investigation. Nothing in this Law shall prevent the House of Assembly from directing an inquiry or investigation into the activities or conduct of affairs of the Executive Council, appropriate authorities, appropriate government departments or any person or persons charged with the duty of or responsibility for executing or administering the Law. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

35. Rules as to representations The Executive Council may make rules prescribing the manner and form in which appeals or representations may be made to it in respect of or in connection with any matter under this Law. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

36. Effect of declarations under repealed Law Subject to the provisions of this section, every declaration - (a) made under the provisions of Part II of the repealed Law; (b) registered or re-registered with the appropriate Government Department under the provisions of Part II of the repealed Law, shall have effect as if it had been made, registered or re-registered, as the case may be, under the provisions of this Law. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

37. Appointment under repealed Law. Any appointment to a traditional ruler title or to a chieftaincy title - (a) made in accordance with a declaration under Part II of the repealed Law; (b) approved by the Executive Council or by the prescribed authority, as the case may be, under the provisions of the repealed Law, shall be deemed to have been made or approved as the case may be under the provisions of this Law. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May,’ 2005.]

38. Appointment in absence of declaration. (1) Where a vacancy occurs in a traditional ruler title or in a traditional chieftaincy title to which section 23 has been applied, after the coming into force of this Law but before the making of a declaration - (a) the vacancy may be filled in accordance with the customary law applying to that title; (b) the Executive Council may approve the person so appointed or set aside the appointment. (2) Any appointment to a traditional ruler title or to a chieftaincy title - (a) approved under subsection (1) of this section; or (b) approved under the repealed Law and not revoked immediately before the commencement of this Law; or (c) notified by the Executive Council by notice in the State Gazette immediately before the commencement of this Law, shall be deemed to have been approved under the provisions of this Law. (3) Where it appears to the appropriate authority that there is a dispute as to the appointment to any traditional ruler title or any chieftaincy title to which section 23 of this Law has been applied and in respect of which no declaration has been approved or registered, the appropriate authority may notify the traditional committee or the prescribed authority, as the case may be, that a dispute exists in respect of the title and thereupon - (i) no proceedings shall be taken by the traditional committee or the prescribed authority, as the case may be, to make or register a declaration without the consent of the appropriate authority; (ii) the appropriate authority on the direction of the Executive Council shall cause inquiry to be made into the dispute as appears to the Executive Council necessary. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

39. Schedule of recognised traditional rulers and chiefs. (1) The provisions of Part II of this Law are hereby applied to the traditional ruler titles specified in the sixth column of the First Schedule hereto and such titles are hereby recognised as the traditional ruler title of the corresponding clan, sub-clan or tribe stated in the third, fourth or fifth column of the said schedule as the case may be. (2) The traditional rulers’ titles in this Schedule shall supersede any other contending title in respect of the same clan, sub-clan or tribe. (3) The traditional chieftaincy titles whether hereditary or honorary shall be compiled by every traditional committee in every Local Government Council and the appropriate authority shall publish same in the official Gazette annually. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

40. Establishment of Council. (1) There is hereby established for the Delta State a body to be known as the Delta State Council of Traditional Rulers. (2) The Council shall consist of traditional rulers appointed by the Governor from each of the Traditional Rulers and Chiefs Committees in the twenty-five local Government Council Areas in Delta State. (3) There shall be a Chairman and two Vice-Chairmen for the council representing each of the three Senatorial Districts. (4) The appointment of the Chairman of the Council shall rotate amongst the three Senatorial Districts of the State in the order of Delta Central, Delta South and Delta North, provided that no traditional ruler within each Senatorial District shall be appointed as Chairman of the Council for a subsequent term until and unless every other traditional ruler in the Senatorial District has been appointed as Chairman of the Council. (5) The Chairman, Vice-Chairman and Members of the' Council shall be appointed for a period of two years only. (6) The Governor shall appoint the Chairman, and Vice-Chairman taking into consideration the principle rotation and geographical spread as stated in subsections (3) and (4) of this section. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

41. Tenure of office (1) At the end of the tenure of the Chairman and Vice-Chairman, the Governor may appoint amongst the members of the Council a succeeding Chairman or Vice-Chairman in accordance with thq provisions of subsections (3), (4), (5) and (6) of section 40 of this Law. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (2) A member shall cease to be a member if he - (a) abdicates his seat; (b) is dethroned; (c) is found guilty of falsifying records and history to ascend the throne or if his eligibility was based on such false history record or otherwise falsified contrary to the established custom of the people; (d) is convicted by a Court of competent jurisdiction; (e) is removed by the Court, the Governor or the Executive Council; (f) ceases to hold the office by reference to which he is appointed as a member of the council; (g) ceases to be a traditional ruler; (h) resigns his seat at any time by notice in writing addressed to the appropriate authority; (i) joins partisan politics. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

42. Meetings (1) Attendance at the Council meetings shall not be by proxy. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (2) The Council shall meet at the Council Secretariat at the State Headquarters at such time as the Chairman may appoint, provided that where the Chairman is otherwise unable to summon a meeting, a meeting convened by the two vice-Chairman shall be a valid meeting of the Council. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (3) One half of the number of members shall form a quorum of the Council. (4) In the absence of the Chairman at a Council meeting, one of the vice-chairmen shall preside or in the absence of the Chairman and the vice-chairmen the members present shall elect one of their members to preside. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (5) A meeting of the Council shall be held at least every quarter of the year. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (6) The decision of the Council shall be reached by majority votes of its members present and voting, provided that where there is a tie the Chairman or whoever is presiding shall have a casting vote. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

43. Functions of the council. (1) Before exercising any powers vested in it under sections 28 and 31 of this Law (which sections relate to the power of the Executive Council to withdraw the approval of appointment, the suspension, deposition and banishment of a traditional ruler) the Executive Council shall consult the Council: Provided that the Executive Council shall not be obliged to consult the Council with respect to the delegation of any such power to a prescribed authority or the exercise by a prescribed authority of any power so delegated. (2) The appropriate authority may, (either generally or specially and in whatever manner he thinks fit) refer to the Council for their advice - (a) any matter relating to the exercise or discharge of any power or duty conferred or imposed by any enactment upon the Executive Council or the appropriate authority under this Law; (b) any matter that appears to the appropriate authority to raise a question of public policy concerning traditional rulers, or any class of chiefs in the State. (3) In addition to subsections (1) and (2) of this section the Council shall have lower - (a) to give support to arts and culture; (b) to assist in the maintenance of law and order; (c) to advise on questions relating to chieftaincy matters and control of traditional rulers; and (d) to advise on any matter referred to it by the State or Federal government. (4) The Council may advise the appropriate authority or the Government through the appropriate authority on any matter of public importance in the State. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

44. Procedure of the Council. (1) The business of the Council shall be conducted in English. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (2) The Council may act notwithstanding a vacancy amongst its members. (3) Subject to the provisions of this Law the Council may regulate its own proceedings and may, subject to the approval of the appropriate authority, make standing orders for the purpose. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

45. Traditional Rulers and Chiefs Committee. (1) There is hereby established a body to be known as the Traditional Rulers and Chiefs Committee for each local government council in the State. (2) The committee shall comprise - (a) the traditional ruler in the local government council as chairman; (b) the chairman of the local government council as a member; (c) two traditional chieftaincy title holders nominated by the traditional ruler as members; (d) the Local Government Service Commission shall appoint an officer indigenous of the Local Government Council of not below salary grade level 10 as Assistant Secretary and shall have custody of the minutes; bookstand property, of the committees. (3) Where the local government council is comprised of more than one indigenous clan, sub-clan or tribe - (a) the traditional rulers or clan head of each clan or tribe shall be co-equal members of the Committee and shall be entitled as of right (o the Chairmanship of the Committee in the order in which they were presented with Staff of Office, provided that no traditional ruler or clan head within a Iocal government area shall be entitled to the Chairmanship twice until and unless every other traditional or clan head in the local government area has been appointed to Chairman of the Committee. (b) subsection (2) (c) and (d) of this section shall apply to each sub-clan, clan or tribe. (c) the appropriate authority shall in place of subsection (2) (c) of this section appoint one such person from each sub-clan, clan or tribe. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.] (4) Where the committee is not duly constituted and functioning in accordance with this section, the Chairman of the appropriate Local Government Council shall ensure that the committee is constituted and functioning forthwith. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

46. Functions of the Committee. The Committee shall perform the following functions - (a) such functions and duties as shall be assigned to it from time to time by the appropriate authority, the Council and the Executive Council; (b) settle all disputes pertaining to the chieftaincy titles of its area of jurisdiction so however that when the dispute is between a traditional ruler and his subject, the chairman of the local government council shall preside; (c) compile the history, tradition and custom of the people; (d) compile and keep the register of all chieftaincy titles and holders conferred on any person within its jurisdiction. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

47. Financial provisions with respect to the traditional councils. (1) The Council and each committee shall establish and maintain a fund from which there shall be defrayed all expenditure incurred by the Council and the Committee respectively. (2) There shall be paid and credited to the fund of the Council and every Committee - (a) such monies as shall be supplied to the Council by the Federal Government, the State Government or Local Governments in its area, or any other person or body of persons as the case may be; and (b) such monies by way of grants-in-aid as may be made to it by the Governments or any other person. (3) Whereby any Federal, State Law, directives, or policy, any sum is, before the 30th June, 1998, payable to the Council such sums shall hereinafter be shared as follows - (a) twenty percent of the amount due shall be reserved for the council for its central obligations on behalf of the body and the State; (b) another ten percent shall be paid to the Committee from which the Chairman was appointed to meet the responsibilities of the Chairman; and (c) the balance seventy percent shall be distributed equally amongst the committees in the State; (d) the stipends due to the traditional rulers in a committee shall be shared equally amongst such traditional rulers if they are more than one in any committee; (e) where a traditional ruler attends or belongs to more than one committee at a time, he shall be entitled to only one share of the stipends and' half stipends in each other committee. (4) The sums referred to in subsection (2) (a) above shall, where applicable, be determined as amongst the contributing local governments, in such proportions as the appropriate authority may deem equitable. (5) The Council and every Committee shall - (a) submit to the appropriate authority and the contributing local government not later than 30th September in each financial year an estimate of its expenditure and income during the next succeeding financial year; (b) keep proper accounts in respect of each financial year and proper records in relation to these accounts in accordance with the provisions of any appropriate law of the local Government and shall cause its accounts to be audited at the end of each financial year by the Auditor-General of the State or by auditors approved by the appropriate authority. (6) Every member of the Council or Committee shall attend the meetings regularly aid the stipends of a member who fails to attend for more than thrice Without good reason shall be forfeited to the State. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

48. Annual reports. (1) Every traditional council and Committee shall prepare and submit to the approbate authority and the contributing local government not later than 30th September in each financial year a report in such form as the appropriate authority may direct on the activities of the traditional council and Committee during the preceding financial year and shall include in the report a copy of the audited accounts of the .traditional council at d Committee for that year and of the auditor’s report thereon. (2) The appropriate authority shall cause a copy of each report made to him under the section to be laid before the State Executive Council with such comments and observation as he may think necessary. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

49. Chairman to be furnished with all relevant information. (1) It shall be the duty of the secretary to a local government to furnish every chairman appointed under this Part (whether or not he was previously a chairman of the local government council) with copies of all minutes of the local government council pertaining to traditional titles and chieftaincy titles and copies of all agenda, memoranda and such other documents and such information as would enable the chairman to be fully conversant with all proceedings of the local government council on such matters. (2) The chairman shall be entitled to inspect any books including minuses books of the local government or local governments where there are two or more local governments as would enable him obtain sufficient information for the full and efficient discharge of the functions conferred upon him under this Law. [Amended by the Traditional Rulers, Council and Chiefs (Amendment) Law, w.e.f. 4 May, 2005.]

50. Resolution of inconsistency. In the event of inconsistency between any of the foregoing amendments and any other section or provision of the Principle Law, such inconsistency shall be resolved in favour of the relevant amendment(s) and that other section or provision of the Principle Law shall to the extent of the inconsistency be void. TRADITIONAL RULERS, COUNCIL AND CHIEFS LAW [Section 38 (1)] TRADITIONAL RULERS AND CHIEFS LAW List of Prescribed Authorities and the Clans S/No. Local Government Sub-Clan Council Clan Tribe Traditional Ruler Title

1. Aniocha North Ezechima Issele-Uku Ibo Obi of Issele-Uku Onicha Ugbo Ibo Obi of Onicha Ugbo Onicha Ukwu Ibo Obi of Onicha Ukwu Oboamkpa Ibo Obi of Obomkpa Onicha Olana Ibo Obi of Onicha Olona Ezi Ibo Obi ofEzi Obior Ibo Obi of Obior Issele Azagba Ibo Obi of Issele Azagba Issele Mkpitime Ibo Obi of Issele Mkpitime Idumuju Idumuje Unor Ibo Obi ofIdumuje Unor Idumuje Ugboko Ibo Obi ofIdumuje Ugboko Odiani Ukwunzu Ibo Obi of Ukwunzu Ugbodo Ibo Obi of Ugbodu Ubulubu Ibo Obi of Ubulubu Ugboga Ibo Obi ofUgboga Idumuogo Obi of Idumuogo Ogodo Ibo Obi of Ogodo

2. Aniocha South Ogwashi Uku Ibo The Obi of Ogwashi-Uku Nsukawa Ewulu Ibo The Obi of Ewulu Nsukawa Ibo The Obi of Nsukawa Isheagu Ibo The Obi of Isheagu Shama Ibo The Obi of Shama Egbudu Ibo The Obi of Egbudu Ejeme-Anigor Ibo The Obi ofEjeme-Anigor Ejeme-Unor Ibo The Obi of Ejeme-Unor Ukwu Ibo The Obi of Ukwu Umute Ibo The Obi of Umute Ubulu-Uku Ibo The Obi of Ubulu-Uku Ubulu Ubulu-Unor Ibo The Obi of Ubulu-Unor Ubulu-Okiti Ibo The Onishe of Ubulu-Okiti

3. Bomadi Akugbene Ijaw The Pere of Akugbene-Mein Mein

4. Burutu Operemor Ijaw The Ebenanaowei of Operemor Tuomo Ijaw The Ebenanaowei of Tuomo Ngbilebiri- Ijaw The Pere of NgbilebiriMein Mein Iduwumi Ijaw The Ebenanaowei of Iduwumi Seimbiri Ijaw The Pere of Seimbiri Ogbuluiri-Mein Ijaw The Ebenanaowei of Ogbuluir-Mei Ogulagha Ijaw The Ebenanaowei of Ogulagha Obotebe Ijaw The Abananaowei of Obotebe

5. Ethiope East Abraka Poruarivie- Urhobo The Ovie of Abraka Umuiauha

6. Ethiope West Agbon Urhobo The Ovie ofAgbon Oghara Urhobo The Ovie of Oghara Jesse Urhobo The Ovie of Jesse

7. Ika South Agbor Ibo The Obi of Agbor Ika South Abavo Ibo The Obi of Abavo

8. Ika North East Owa Ibo The Obi of Owa Ika North East Ute-Okpu Ibo The Obi ofUte-Okpu Ika North East Otolokpo Ibo The Obi of Otolokpo Ika North East Akumazi Ibo The Obi ofAkumazi Ika North East Umunede Ibo The Obi of Umunede Ika North East Ute-Ogbeje Ibo The Obi ofUte-Ogbeje Ika North East Idumuesah Ibo The Senior Okpara of Idumuesah Ika North East Mbiri Ibo The Obi of Mbiri Ika North East Igbodo Ibo The Obi ofIgbodo

9. Isoko South Oleh Isoko The Odion of Ologbo of Oleh Emede Isoko The Ovie of Emede Okpolo/Enhwe Isoko The clan head of Okolo/Enhwe Uzere Isoko The Ome of Uzere Olomoro Isoko The Odion of Ologbo of Olomoro Erohwa Isoko The Odion of Ologbo of Erohwa Umeh Isoko The Odion of Ologbo of Umeh Aviara Isoko The Ovie of Aviara Abara Ibo The Igwe of Abara Ase Ibo The Igwe of Ase Utchi Ibo The Igwe of Ùtchi Ossissa Ibo The Okpara-Uku of Ossissa Ibedeni Ibo The Ogene ofIbedeni Ibrede Ibo The Odion-Ologbo ofIbrede

10. Isoko North Ozoro Ibo Ovie of Ozoro Okpe-Isoko Ibo Ovie of Okpe-Isoko Ofagbe Ibo Odio-Olegbe ofOfagbe Ellu Ibo Ovie of Ellu Oyede Ibo Odio-Olegbe qfOyede Emevor Ibo Odie of Emevbr Owhe Ibo Odio-Olegbe of Owe lyede Ibo Ovie oflyede

11. Ndokwa East Ezionum Ibo Okpara-Uku ofEzionum Utuoku Ibo Okpara-Uku of Utuoku Igbuku Ibo Ovie ofIgbuku Aboh Ibo Obi of Aboh Onagbokor Isoko Odio-Olegbe of Onagbokor Ushie Ibo Okpara-Uku ofUshie Inyi Ibo Igwe of Inyi Obikwele Ibo Okpara-Uku ofObikwele Adiai Ibo Agadagba of Adiai Umumbu Ibo Okpara-Uku of Umumbu Ashaka Ibo Okpara-Uku ofAshaka Okpei Ibo The Igwe of Okpei Onya Ibo Ingwei of Onya Umuolu Ibo The Okpara-Uku of Umuolu Akarai Akarai-Obodo Ibo Clan Head of Akarai Akarai-Eti lyowu Afiankwo Umuti

12. Ndokwa West Utagba-Uno Ibo The Okpara-Uku ofUtagbaUho Ogume Ibo The Okpara-Uku ofOgume Abbi Ibo The Okpara-Uku of Abbi Utagba Ogbe Ibo The Okpara-Uku of UtagbaOgbe Amai Ibo The Okpara-Uku ofAmai

13. Ukwani Emu Ibo The Okpara-Uku ofEmu Obiaruku Ibo The Okpara-Uku of Obiaruku Umutu Ibo The Okpara-Uku of Umutu Akoku Ibo The Okpara-Uku of Akoku Abedei Ibo The Okpara-Uku ofAbedei Eziokpor Ibo The Okpara-Uku ofEziokpor Umuebu Ibo The Okpara-Uku of Umuebu Umukwata Ibo The Okpara-Uku of Umukwata

14. Oshimili Ibusa Ibo The Obuzor ofIbusa Okpanam Akwukwu/Atuma Ibo Clan Head ofAkwukwu/Atama Obi of Akwukwu-IgbO and Obi of Atama Illah Ibo Clan Head of Illah/Ebu Ebu Ibo Ogbeleme of Illah Omu of Ebu

15. Oshimili South Asaba Oko Ibo Asagba of Asaba Okwe Ibo Clan Head of,Oko/Okwe There are known as Eze (Onihe) of Oko and

16. Ughelli North Agbarho Urhobo The Ovie of Agbarho Agbarho Urhobo The Osuvie of Agbarho Evwreni Urhobo The Ovie ofEvwreni Ogor Urhobo The Ovie of Cigor Orogun Urhobo The Okpala-UJcu ofOrogun Ughelli Urhobo The Ovie of Ughelli Uwherun Urhobo The Senior Ocfion of Uwherun

17. Ughelli South Arhavwarien Urhobo The Ovie of Arhavwarien Ewu Urhobo The Ovie ofEwu Jeremi Urhobo The Okobaro ofJeremi Okparabe Urhobo The Ovie of Okparabe Olomu Urhobo Ohworode of Olomu

18. Okpe Okpe Urhobo Orodje of Okpe

19. Sapele Okpe Urhobo Orodje of Okpe

20. Uvwie Uvwie Urhobo The Ovie ofUvwie Effurunotor Urhobo The Orovworere ofEffuruotor

21. Udu Udu Urhobo The Ovie ofUdu

22. Patani Kabowei Ijaw The Pere of Kabowei Kumbowei Ijaw The Ebenanaowei of Kumbowei Taratori Ijaw The Ebenanaowei of Taratori

23. Warri South Warri Itsekiri The Olu of Warri Kindgom Okere Urhobo The Oroseun of Okere (Urhobo) Urhobo Agbassa Urhobo The Ovie of Agbarha Ijaw Ijaw ..........

24. Warri South-West Warri Itsetori The Olu of Warri Kindgom Ogbe-Ijoh Ijaw The Amokusa of Ogbe-Ijoh Gbaramatu Ijaw The Pere of Gbaramatu

25. Warn North Warri Itsetori The Olu of Warri Kindgom Egbema Ijaw The Agadagba ofEgbema