25/05/2024
The Rule of Primogeniture and the Protection of the Throne.
Succession to the throne as a traditional ruler or monarch in some communities in Nigeria is regulated, governed and protected by the operation of the rule of primogeniture. On the 9th of March 2020, the immediate past governor of Kano State Abdullahi Umar Ganduje deposed Muhammadu Sanusi II as the 14th Emir of Kano relying on a law passed by the State House of Assembly . He went further to balkanize the emirate that was founded in 1805 during the Fulani Jihad, with the creation of 5 new emirates, thereby reducing its traditional jurisdictions from 44 local government Areas to 10.
Similarly, on the 9th of November 2016, the then governor of Edo State, Comrade Adams Aliyu Oshiomhole deposed the Ojuromi of Uromi Kingdom His Highness Anselm O. Aidenojie II (JP), relying on the provisions of the Traditional Rulers and Chief Edict of the State.
However, because of the operation of the Rule of Primogeniture that regulates succession to the throne of a traditional ruler in Esan land, the government could not announce a successor to the deposed king. The kingdom though in the eye of the law has no Onojie, but his subjects still regarded him though deposed as their Onojie, in contrast to the situation in Kano. On the 9th of May 2018, the current governor of Edo State Mr Godwin Obaseki reinstated the deposed monarch after one year and seven months.
For further reading on the operation of the rule of primogeniture under customary law see P.O. Itua “Succession under Customary law in Nigeria. The Rule of Primogeniture versus the Deposition of a Traditional Ruler (Onojie) in Edo State: A Critique of the provisions of the Traditional Rulers and Chief Edict No 16 of 1979.” International Journal of Culture and History 2019, Vol. 6 No. 2
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