Two Delta State monarchs, who also hold the title of Senior Advocate of Nigeria (SAN), recently issued royal proclamations that sparked intense public debate. The Asagba of Asaba, HRM Prof. Epiphany Chigbogu Azinge, prohibited the sale of ogbono seeds in local markets, citing ancient spiritual and traditional taboos. Meanwhile, the Ohworode of Olomu Kingdom, HRM Albert Akpomudje, declared a ban on cult activities and drug misuse to bolster community security.
These actions raise a fundamental question regarding the legal status of royal orders in modern Nigeria. While the 1999 Constitution dictates that criminal offenses must be defined by written statute, these traditional rulers use their influence to guide behavior and reinforce community standards.
Legal experts clarify that while these monarchs command significant moral authority, their decrees do not equate to criminal legislation. Barrister Omens Ogedegbe noted that while a king can uphold cultural norms, he lacks the power to mandate arrests or imprisonment for actions like selling ogbono unless specific statutory law exists. Similarly, Austin Nyekigbe observed that the Ohworode’s initiative functions as a policy directive rather than a new criminal law, effectively signaling that the palace will not protect individuals involved in illicit activities.
Public response to the Asaba ban has been polarized. Some residents argue the measure infringes upon personal freedom and dietary choices, while others support the palace’s role in preserving heritage. Ultimately, these decrees demonstrate that although monarchs may attempt to enforce traditions, any coercive punishment must still adhere to the established judicial system of the nation.
