Esanland Law And Governance: Give constitutional imprimatur, recognition to traditional rulers - Senator Osunbor ~ Truth Reporters

...says FG should stop recognizing traditional rulers only during crises 

...good governance is not a favour

Former Governor of Edo State, Senator Oserheimen Osunbor has advised the Federal Government to give traditional rulers  constitutional imprimatur and recognition. 

The Professor of Law and two term Senator made this disclosure at the Glorious Vision University Second Distinguished Personalty Lecture titled: 'Law And Governance In Esanland Fom Abstract To Reality: The Missing Links. 

Osunbor in his presentation with  references exhausted all necessary avenues to drive home the lecture saying: "The prevailing laws in Esanland, as we have seen, consist of customary law and statutory law but it is the latter that is more directly operational in modern day governance.

"Again, we highlighted the institutions and mechanisms for governance. In addition to those so empowered by the 

Constitution and other Statutes, traditional rulers and traditional institutions play an important role which, sadly, gets recognised and appreciated only in situations of crises or emergencies such as communal clashes and serious crimes. 

"When confronted with serious security situations, governments, Federal, State and Local, are quick to call upon traditional rulers to help quell the problems or seek out solutions. 

"Yet, this huge responsibility is not given commensurate recognition by the Constitution. I therefore support wholeheartedly the long-standing demand by Nigeria's traditional rulers that their roles in governance be given Constitutional imprimatur and recognition.

 "The demand is justifiable and long overdue. It goes without saying that this will have to be matched by enhanced financial resources to enable them effectively discharge their responsibility. Constitutional recognition and defined role for traditional rulers will boost respect for and allow them exercise more authority in the discharge of their functions as custodians of Customary law and as important institutions in governance.

"The bane of politics in Nigeria is that most political leaders have not yet grasped the elements underlying good governance as listed earlier on in this paper and Esanland is not exempt from this malaise.

" Good governance is not a favour. It is a necessary tool for the attainment of the UN Sustainable Development Goals. Citizens should insist, when political office holders make promises to them or embark on projects, that such projects are not intended as propaganda, neither are they an embellishment, window dressing or white elephant projects designed to serve as a conduit pipe to loot public funds.

The obsession with the number of bills or motions a law-maker has sponsored, as some constituents often demand, is unhelpful as it pushes some, out of desperation, to engage in the unwholesome acts of bills recycling and bills merchandising for the sole purpose of building up numbers so as to stave-off accusations of indolence.

 The best measure of a law-maker's performance is not the number of bills and motions standing in his name but the number of bills standing in his name and passed into law, not those that may never see the light of day.

If by this Lecture citizens become better informed to hold their leaders accountable and insist that the right things be done, it would have made a tremendous and significant contribution to the enthronement of good governance in Esanland, in particular, and Nigeria in general.

Let me commend the founding fathers of this University for choosing to establish it in Esanland. It is a welcome addition to the number of tertiary institutions in Esanland and adds credence to the reputation of Esan people as lovers of education and excellence. I also commend the University authorities for establishing the Centre for Research and Development of Esanland to focus specifically on all aspects of learning pertaining to the development of Esanland. This will go a long way towards projecting the University to the wider Nigerian and international communities as a centre of excellence.

The topic of this lecture requires an examination of “Law” and “Governance” in Esanland. These two terms have a meaning that is universal and not peculiar to Esanland. National and State laws that apply in Esanland are not specific to this geographical space. Similarly, governance principles are not limited to any particular location but apply generally. Nevertheless, both terms shall be discussed in relation to Esanland which is the focus of this lecture. There is an abundance of literature on the terms “Law” and “Governance” and they have become increasingly important and relevant in the global pursuit of good governance. Esanland deserves good governance and suitable laws to drive the course of development across the length and breadth of our communities comprised in five Local Government Areas in Edo Central Senatorial District, namely, Esan West, Esan Central, Esan North East, Esan South East, and Igueben.

My task in this Lecture is three-fold  –

Firstly, to interrogate the relationship between law and governance,

Secondly, to put the terms law and governance in sharper relief and in practical perspectives rather than as abstract notions or based on assumptions and presumptions, and

Thirdly, to identify the missing links – that is, the knowledge gaps that need to be filled and practical steps that must be taken to correct wrong notions and promote good governance for the betterment of Esanland and its people.

The Lecture will conclude with recommendations to ensure that law and governance are properly employed to achieve their purpose, in this case, the development of Esanland and by so doing advancing the welfare and prosperity of Esan people and humanity as a whole.

2. Law and Governance Explained

Law

Under the Nigerian Legal System, the term law includes –

• Traditional / Customary law (Native Law and Custom 

and Islamic law),

• Principles of English Common Law and Equity as 

decided by English courts and applicable to Nigeria,

 

  1. See Google – Good Governance; on the meaning, importance of and principles of good governance.

  2. See Osatohanmwen O. Eruaga, “The Role of the Legislature in Good Governance” in Azinge and Adediran (eds)            Legislating For Good Governance NIALS (2013), p.327 at p.329.

• Judicial precedent which are decisions of courts, local and foreign and

• Statutes / Legislation.

For the purpose of this lecture the term “Law” shall be restricted to traditional or customary law and the Constitution of the Federal Republic of Nigeria 1999 as well as modern statutes passed by national and state legislatures.

 "They also include byelaws passed by local government councils and those emanating from national or state bodies. Governance in Esanland today and the institutions for governance derive from these main sources of law. Together, they shape development efforts in Esanland and create a framework for governance, resource allocation and management and social cohesion through obedience and compliance.

"Before the advent of colonial administration and the received English law, Esan customary law was all-embracing, covering all aspects of human existence.

 "Governance through customary law, as we know, evolved as a means by members of each community to organise themselves to collectively achieve the common good. Even with the advent of colonial administration customary law has continued to co-exist side by side with the imported English law. 

"Thus, customary laws will be upheld by the courts as valid provided they pass the repugnancy test and are not incompatible with any statute for the time being in force. A rule of customary law will be upheld if it is not repugnant to natural justice, equity and good conscience. This is best illustrated with two leading cases.

 

   3.High Court Laws of Western Region of Nigeria, applicable in Bendel State (now Edo State) Cap 60 section 3.    4(1932) 11 N.L.R. 47

   5. (1961) N.R.N.L.R. 81

   6. In a surprising but groundbreaking decision, the Supreme Court in India recently ruled that if a marriage remains      valid and the spouses have had access to each other, the husband is considered the legal father of the child,      even if he is not the biological parent. To compel the father to do a DNA test to prove that he is not the father of     the child, the court held could subject his private life to public scrutiny which could harm his reputation and     dignity. (Story published on Thursday 30 January 2025 by Financialexpress.com).    7 .Section 36(12) of the Constitution.

"In the case of Edet v Essien, the plaintiff claimed two children born by his former wife now married to another husband on the ground that the children belonged to him under customary law since the dowry he paid on her had not been refunded to him. It was held that such a rule of customary law, even if it existed was repugnant to natural justice, equity and good conscience and his claim was rejected. In the other case of Maryamu v Sadiku Ejo, it was held that Igbirra customary law whereby a child born 10 months after divorce belonged to the former husband would not be enforced as it was repugnant to natural justice equity and good conscience. To uphold customary law in these instances would have had the effect of giving a child to a man who was not the biological father.

 "Obviously, these two cases were not based on Esan customary law but I believe that there are Esan communities that practised similar custom in the past. However, there is no decided case that I know of to establish this as a fact.

"Furthermore, because customary laws are unwritten it does not extend to criminal offences. The reason for this is that by virtue of section 36 of the Constitution a person cannot be convicted of a criminal offence unless that offence is defined and the penalty for the offence is prescribed in a written law - be it an Act of the National Assembly, a Law of a State House of Assembly or any subsidiary legislation or byelaw, including those passed by a local government council. It is also noteworthy to mention that some practices like trial by ordeal to establish or prove commission of a crime have been abolished. 

"The result is that customary law governs only personal law and personal relations of Esan people such as:

- - marriage and family matters including inheritance and succession and

- -  conflict resolution or arbitration submitted voluntarily by the parties to the Onojie in Council or other Elders in Council.

 

   8. Section 315(5)(d) of the Constitution.    9Section 1 of the Land Use Act (1978)

  10.See Prof. Oserheimen Osunbor, Nigeria in Quest of Good Governance: Law and Beyond Law, Nigerian Institute     of Advanced Legal Studies 2020 at pages 2-4.

Land matters used to be an important aspect of customary law but this has changed since the promulgation of the Land Use Act in 1978. This Act is now entrenched into and forms part of the Constitution.

 It divests land-owning communities of their ownership while vesting ownership on the Governor of a State who holds the land in trust for the common use and benefit of Nigerians. In reality, governments and their agencies or institutions still approach communities to donate land to them for development or other public purposes. In this instance, the role of government is to formalise the agreement or understanding with the local community by the grant of a Right of Occupancy or Certificate of Occupancy.

" In principle, the State Government can acquire any land in any part of the State as no one has “ownership” or “freehold” on land anymore since 1978.

Due to the limited role of customary law and traditional institutions in the modern day society statutory law and institutions created by them are more relevant for governance. We shall return to this later but first, is to examine the meaning of the term “Governance”, the types of governance, the ingredients or elements of governance, and its relevance generally but with special reference to Esanland.

Governance

"The term Governance means the processes, structures, and systems by which organisations, governments, or entities are directed, controlled, and held accountable. It encompasses mechanisms for decision-making, principles and policies in order for the organisation or entity to achieve its purpose or goals. A logical and necessary inference is that the term governance connotes good governance in the sense that it 

 

  11.See generally Azinge and Owasanoye(eds) Rule of Law and Good Governance, NIALS 2009. ISO 37000: 2021      Governance of Organisations and Guidance; ISO Standard.   12.See Osunbor, supra, at p.3.

involves the processes and institutions, which produce results that meet the needs of society while making the best use of resources at their disposal. To be worthy of its name, governance has to be good governance and it is characterised by eight (8) elements, namely: it must be –

- participatory by giving stakeholders a voice in decisionmaking,

- consensus-oriented, achieved through wide consultations,

- accountable, in the sense that decision-makers take responsibility,

- transparent - clear and open decisions and processes,

- responsive, addressing the needs and concerns of stakeholders and a willingness to make improvements where necessary,

- effective and efficient - resources are used responsibly and deliver intended or desired outcomes,

- equitable and inclusive - involving fair treatment for all, and

- anti-corruption oriented - aiming for zero tolerance of corruption in the sphere of governance.

"Nowadays, it has become fashionable for candidates campaigning for election and those already elected who have responsibility for governance to promise good governance and for the public to demand same of them. However, these promises are often couched in the abstract without providing any clue or stating exactly how this is to be achieved. Promises!

 

13. ISO 37000: 2021 Governance of Organisation: Guidance.

14. CAMA 2020

15. Securities and Exchange Commission Regulations

16. BOFIA, 2020

17. Partnership Law of Western Region applicable in Edo State.

18. The Standards on good governance already developed are ISO 37000; ISO 37001 Anti-Bribery Management       System, ISO 37002, Whistleblowing Management Systems, ISO 37003 Fraud Control Management System, ISO       37008 Internal Investigations and ISO 37009 Conflict of Interests.

to provide good roads, schools, hospitals, employment opportunities, etc., are good and they sound sweet but good governance goes beyond mere expressions of intent and entails more.

 Without setting out the elements against which their performance is to be measured and matching them with action, good governance becomes mere rhetorics. For instance, do stakeholders have a voice in the choice of the projects? were they consulted to ascertain their priorities? is there transparency in the costing and award of the contracts? are the resources being effectively and efficiently utilised or are the projects mere white elephants intended to buy cheap popularity, to hoodwink or to serve as conduit pipes for stealing public funds? When public officers promise good governance they must state clearly how they intend to achieve it and by which standard they will be judged. Public officers owe their people this responsibility.

"Let me declare at this juncture, lest I am misunderstood, that I have not conducted a performance assessment of elected office holders from Esanland and my comments in the course of this lecture should not be construed as an attempt to undermine their efforts or performances or cast any or all of them in bad light.

Types of Governance

Good governance can apply in various contexts, and these include corporate governance, public governance, and international governance. 

Governance involves organisations in the private and public sectors whether for profit or not-for-profit. These are typically private limited liability companies and publicly limited companies, but the term can be extended to other organisations such as partnerships, small businesses, and voluntary 

 

19. Section 14(1)(b)

associations, religious or secular – indeed all entities that can benefit from upholding the principles of good governance. Esanland has an abundance of these organisations.

" They are governed by laws such as the Companies and Allied Matters Act, Securities and Exchange Commission, Banks and Other Financial Institutions Act, Partnership Law, etc.

"The principles also apply to public sector organisations in the civil service and public service, trade unions, media, Non Governmental Organisations, etc. International organisations such as the United Nations and its affiliates, the World Bank and its affiliates, in one way or another affect Esanland in their operations but these obviously fall outside the scope of this lecture. Rather, governance in Esanland rests squarely in the hands of elected public office holders. Those in the judicial arm of government are usually appointed into office.

Although our remit is limited to Law and Governance it is apposite to mention that the International Standards Organisation (ISO) has developed Standards in the field of governance that are applicable in Nigeria through the National Standards Body, Standards Organisation of Nigeria. I have had the privilege of participating in developing many of these Standards, including ISO 37003 Fraud Control Management System Standard which I led as convenor of the Working Group responsible for its development. Some Standards have been published and come into effect while others are at different stages of completion.

" It is important to point out, though, that Standards are not Laws hence I have given them only a cursory mention in this Lecture.

 

20. Section 80(2) of the Constitution and Section 120(2) for States.

21. See Section 81 for federal

Law and governance in Esanland involves the following:

- The community represented by the Onojie and his Council,

- Local government Council

- State government and

- Federal government.

Whereas in pre-colonial times, governance in Esanland revolved around traditional rulers and traditional institutions, in modern times governance revolves around constitutionally recognised institutions and authorities at the Local Government, State and Federal levels based on the arrangements in the Constitution.

3. The 1999 Constitution and Governance

The Constitution of the Federal Republic of Nigeria 1999 is the basic law of Nigeria from which all organs and institutions of governments at all levels derive their existence, authority and legitimacy. A fundamental principle in the Constitution is the declaration that the security and well-being of the people shall be the primary purpose of government. 

"To ensure effective governance the Constitution allocates powers to the three arms of government – legislative, executive and judicial and the three tiers of government between federal, state and local government. It begins in section 4 with the law-making powers in Nigeria.

"The Legislature: Law-Making

It is provided in section 4 that the National Assembly consisting of a Senate and the House of Representatives shall make laws for the peace, order and good governance of the Federation with respect to matters on the Exclusive Legislative List and matters 

 

   22.Section 121

on the Concurrent List other than those reserved for the Houses of Assembly of the States; or other matters for which the Constitution so requires them to make laws, for instance, those passed pursuant to its responsibility under Chapter II - Fundamental Objectives and Directive Principles of State Policy relating to education, health, roads, railways, etc.

The House of Assembly of States is empowered to make laws for matters on the Concurrent Legislative List but cannot make any law that is in conflict with an Act of the National Assembly. Where that happens, the State Law shall be void to the extent of its inconsistency with the Act of the National Assembly. The power of a House of Assembly to make law is for the peace, order and good governance of the State. 

Any matter not expressly listed in the Legislative Lists in the Second Schedule to the Constitution is considered residual matter and falls within the legislative competence of States, for instance, crimes.

Although the legislative powers of Local Government Councils are not specifically mentioned in the Second Schedule, the powers of local governments are mentioned in the Fourth Schedule. The inference is that Councils have legislative powers to make laws that enhance the execution and implementation of the powers vested in them by the 

Constitution. Amongst them are registration of birth, deaths and marriages, establishment and maintenance of markets, motor parks, slaughter houses, roads and drains, streets, parks and gardens, etc.

The Executive

The administration, implementation and execution of the 

Constitution and laws passed by the legislative arm are the 

 

   23. See Kehinde Akintola, “Stakeholders Decry Spate of bills recycling by the 10th National Assembly members” in        Nigerian Tribune 8 September 2024 and Executive Director of Order Paper Oke Epia: Google.

responsibility of the executive arm of government established by section 5 of the Constitution. At the federal level the persons vested with this power are the President acting by himself or through the Vice President, Ministers or other public officials so authorised by him.

 At the state level, executive powers are similarly vested in the Governor acting by himself or through the Deputy Governor, Commissioners or other public officials so authorised by him. Likewise, at the local government level, executive powers are vested in the Chairman, Vice Chairman or other officials authorised by him. (s. 5)

The Judiciary

Judicial powers are vested in the courts established under the Constitution or other courts as may be established by an Act of the National Assembly or State Courts established by law of the House of Assembly.

Law and governance are premised on the making and existence of laws, hence the concept of the rule of law. The rule of law is a guiding principle for achieving good governance as it ensures that all actions of government and its officials are bound by and accountable to the law. This, as we have seen, is reflected in the way and manner that governmental powers are allocated by the Constitution between the three arms in a hierarchical order, starting with the law-making power in section 4, followed by executive power in section 5 and judicial power in section 6. The foundation, therefore, is the making and existence of good laws. The Appropriation Act and Appropriation Law of the States present the clearest illustration of the importance of law to good governance, although other laws are relevant as well. 

 

24. See Nigerian Bureau of Statistics 2023: Corruption in Nigeria. Patterns and Trends.

25. UNODC Corruption in Nigeria; Patterns and Trends, December 2019.

26. The most prominent being former President Goodluck E. Jonathan, who has expressed his concern at several      occasions.

These include substantial substantive laws like the Economic and Financial Crimes Commission Act, Independent Corrupt Practices and Other Related Matters Act, the Electoral Act, Freedom of Information Act, and procedural laws like the High 

Court Rules, the Civil Service Rules, Human Rights 

Enforcement Act and the Rules, etc.

The Appropriation Act / Appropriation Law

The power of appropriation is the most potent power wielded by the legislature to influence governance because no public funds can be appropriated from the Consolidated Revenue Fund of the Federation or of a state, respectively, except by law passed by the National Assembly or by the House of Assembly, as the case may be, and to the extent and for the purpose so authorised. This is called the power of the purse.

At the federal level, the President prepares and lays before each House of the National Assembly estimates of the revenues and expenditure of the federation for the next following year, usually referred to as the Budget. What the President presents are mere estimates but the National Assembly has final say in passing the Appropriation Act. The estimates usually consist of breakdown of allocations to each sector, Ministry, Department or Agency by government including direct allocation to bodies such as National Judicial Council, Independent National Electoral Commission (INEC) and the National Assembly as a first line charge. If the sums appropriated prove inadequate, the President may present a Supplementary Appropriation Bill later.

The same procedure operates at the state level whereby the Governor presents his budget estimates to be scrutinized and passed by the House of Assembly.

 

   27 Att.-Gen. of the Federal v. Att.-Gen.of Abia State and others, Suit No SC/CV/342/2024.

Being the most potent power wielded by legislators as a form of check and balance, the power of appropriation must be taken seriously by law-makers to deliver good governance. Lawmakers representing the various constituencies in Esanland, that is to say, the Senator, House of Representative members and the House of Assembly members must ensure that the interest of Esanland is well reflected and protected in the budget while not neglecting the national and state interests.

In my own assessment, the provision of pipe-borne water supply remains the number one priority need in Esanland and as such our Senator and members of the House of Representatives must be vigilant to ensure adequate budgetary provision for this. There is a Vote Head or Code for Northern Ishan Water Supply and everyone of our members in the National Assembly, irrespective of the standing committees to which they may belong, have a duty to ensure that funds are provided for expanding water supply projects beyond where I left off in 2007.

 Furthermore, efforts must be made to create a separate Vote Head for Southern Ishan Water Supply and funds provided therein to achieve total coverage of the whole of Esan instead of depending only on Northern Ishan. Since provision is made for Northern Ishan, it is only logical to extend water supply to Southern Ishan and budgetary provision made for it. There is a risk of criminal liability, if funds appropriated for Northern Ishan Water Supply, which remain uncompleted, are vired without authorisation, to Southern Ishan.

 Provision of potable water supply is a shared responsibility between the federal government and state government and is a matter to be pursued at both levels. I wish therefore to implore our political office holders at the various levels to pay particular attention to this dire need and ensure adequate budgetary provision is made for it.

Our members in the House of Assembly have a similar duty to lobby and make a case to their colleagues and the State Governor to provide funds for the reticulation of water already provided by the Federal Government and stored in reservoirs to consumers in the various communities. 

While provision of boreholes by private individuals and legislators have their value which is a good short-term remedy, this is not an ideal long-term solution to the perennial problem of lack of water supply in Esan. Boreholes have a limited reach and are unsustainable in the long-term so we should be forward looking.

Permit me to mention that provision of water supply to Esanland was my number one commitment when I represented Esanland (as Senator for Edo Central) from 1999-2007 and as governor for a very brief period thereafter. As Senator, I fought to ensure that funds were provided for Northern Ishan Water Supply in successive federal budgets. 

For Southern Ishan I was met with the obstacle that there was no Vote Head for this and the funds I strove to secure were removed at the final stages. My efforts to create this Vote Head with the Budget Office could not be concluded before my tenure in the Senate ended. The current members of the National Assembly should take up and pursue this task to conclusion.

As governor, I commissioned RCC Water Division in February 2008 to give me a detailed feasibility study and design for provision and reticulation of water to the entire Esanland, including the rehabilitation of Ojirami Dam in Edo North. They produced a detailed design and submitted their report to me in October ending but with my exit two weeks later on the 11th of November 2008 that report could not be implemented and has remained unimplemented till date.

With an Esan man on the seat now as Governor I urge all concerned, whether at the National or State Assemblies and His Excellency himself, to collaborate and cooperate to solve this intractable problem. Provision of water supply to Esanland is not too difficult or complex a problem as it may seem if the commitment is there. It just requires every key player recognising and prioritising the issue and doing their parts to deliver the much needed good governance. I am willing and ready to assist the authorities in any way possible to achieve this. It must be recognised that existing gaps in consultations, collaboration and cooperation amongst those in public office constitute missing links in a chain without which good governance and its dividends may continue to elude us.

I have used the law on appropriation and provision of portable water supply as illustrations but the same principles apply in other areas such as provision of motorable roads, electricity supply, health facilities, educational establishments, security, etc, as these are critical to the well-being of the people and what good governance alone can bring about. With good understanding, collaboration and commitment to good governance there is hardly any problem that is insurmountable. 

This is my wish for Esanland.

4. The Challenge of Tokenism

Tokenism is the practice of making only a perfunctory or symbolic effort at doing a particular thing and we are beginning to see more and more of it in Nigeria. It is hindering good governance, in Nigeria, Esanland inclusive. This is a direct consequence of electing into public office persons who lack genuine commitment or barely have a clue as to what their true mission is in the office that they seek to be elected into or occupy. Under the overwhelming influence of money and materialism, some persons have found themselves elected into offices for which they are ill-suited and ill-prepared. This has grave consequences for law-making in particular and good governance in general.

Added to this is the attitude of the Nigerian voting public who elect such people into office and who set a very low bar of accountability for them. Recent data from the National Assembly, for example, reveals that many Senators and Members of the House of Representatives are unable to sponsor bills. Of the bills sponsored in the Senate between June 2023 and May 2024 over half of them were bills recycled from previous Assemblies. Nearly a third of House of 

Representatives bills were recycled from previous Assemblies. They were simply resurrected from previous Assemblies, in what has become known in social media circles as “copy and paste”. The bills are not the original ideas of the persons whose names appear on them, hence they are unable to follow the bills through to passage as an Act of the National Assembly. This is because, in truth, they lack real connection with the ideas behind the bills, their purpose and intent. The bills may even have been defective hence they were not passed previously. The research revealed that bills suffer slow progression rates and that 164 law-makers failed to sponsor any bill in one year. There is also what has become known as “Bills Merchandising”, whereby some smart guys make a living from formulating and drafting bills which they sell to law-makers unable to do that for themselves. There is a troubling evidence of lack of genuine legislative commitment and this raises questions about the quality of legislative representation and citizen involvement in governance.

There is also the preoccupation with moving motions and passing resolutions which are generally not laws and have no binding effect except in a few cases such as a resolution removing an officer from office which many refer to as impeachment. Resolutions primarily serve the purpose of drawing government's attention to the subject matter. In many cases, such resolutions will need money for their implementation without which they stay dormant and are forgotten. This again underscores the imperative of providing adequate funding in the Appropriation Act which has the force of law and should be executed, to the extent that government revenue is available for cash-backing. It is for good reason that our system of government is based on the rule of law, not rule of motions. It is hoped that law-makers representing Esanland at all levels will not be counted among non-performing legislators. They must shun the temptation of joining the ranks of those who simply sponsor bills and motions for the purpose of playing to the gallery, courting sheer populism and just building up numbers all of which is tantamount to tokenism.

5. Other Sundry Challenges

Under-representation of Esanland in State and National politics. For many years, Esan people have suffered marginalisation, under-representation, or been otherwise excluded from holding high political offices at the State and Federal levels. This gave rise to many voices and advocacy groups decrying the unfortunate state of affairs. Prominent among these are their Royal Highnesses, the Enijie in Esanland, who paid wellpublicised advocacy visits to His Royal Majesty, the Oba of Benin, Oba Ewuare II, and their Royal Highnesses, the traditional rulers in Edo North in 2023. Others include Esan Descendants Association led by AVM Anthony Okpere (Rtd) and Esan Okpa Assembly led by its President, Hon. Barr. Matthew Egbadon. I know this because I was actively involved in the advocacy. Many individuals also lent their voices to the demands. These efforts and the strength of the arguments in its favour yielded good result with the emergence of an Esan man in the person of Senator Monday Okpebholo as governor of Edo State in the 21 September 2024 governorship election. We are grateful to God and all right-thinking men and women of Edo State and Nigeria as a whole who saw the justice of the case and keyed into the advocacy and clamour for an Edo governor of Esan extraction. We hope that the President of the Federal Republic of Nigeria, Senator Bola Ahmed Tinubu, GCFR, and others at the national leadership will see the need to appoint Esan persons into executive positions of prominence at the national level. We have seen how political leaders from elsewhere use their positions to attract development to their home areas. Esan men and women in top leadership both at State and National levels will help to attract development projects to Esanland.

Corruption

This has become a chronic problem and a cankerworm that has eaten deeply into the fabric of Nigerian society. It denies us of the most qualitative representation in government positions, both elective and appointive. It is a hindrance to effective execution and implementation of government programmes. If we look around Esanland we can see projects that remain uncompleted after many years of their commencement even though in some of them the total payments were released to the contractors, at least on paper.

The judiciary is not spared either. Once reputed as the most respectable of the three arms of government and highly venerated beyond our shores, the Nigerian judiciary has, regrettably, become notorious for corruption and now ranks at the bottom. This is based on reports published by national bodies like the Nigeria Bureau of Statistics and international bodies like the United Nations Office on Drugs and Crimes (UNODC). Many prominent Nigerian personalities have voiced their concern about corruption in the judiciary. The judiciary needs to quickly earn back the trust of Nigerians now at its lowest ebb. There are fine gentlemen on the Bench, no doubt, and they should not be tarred by the unprofessional conduct of those giving the judiciary a bad name.

Value System

The problems we have mentioned – corruption, materialism and worship of money, ineffective representation by elected office holders – all stem from the decline in value system in our society. Integrity and honesty are now derided while dishonesty and mediocrity are celebrated and rewarded. Some Esan people justify these behaviour with the excuse that in Esan language the word “politics” is called “ofinefi”. I really do not know the origin of this word and whether it is a correct characterisation of the essence of politics. The multi-party politics that we play in Nigeria is meant to enable the election of the best amongst us in a democratic society for the good of the people. I reject the idea that it is meant to enable the most crooked and dubious amongst us to seize the reins of power. A bad seed can never produce good fruits. This mindset must change if our democracy is to provide for the greatest good of the greatest number of our people. Government is not for smart crooks to hijack. We cannot afford to remain backwards while the rest of the world is leaving us far behind and our sons and daughters are daily looking for escape routes, some of them extremely hazardous, to leave Nigeria.

Even if it is true that the older generation of Esan people saw politics as “ofinefi” – a game of outwitting and outsmarting others by hook or crook against the choice of the majority, we must begin to reorientate our younger generation to see it differently; that it is infact, an avenue or opportunity to serve in enhancing the well-being and quality of life of the majority of the people; not that of a small greedy minority.

"Making Local Governments Work

The Nigerian Constitution recognises the local government system as the best vehicle for reaching the grassroots and bringing good governance closer to them. Thus, it provides in section 7 for democratically elected local government being the tier of government closest to the ordinary people and led by people whom they know, they understand and who can administer to their needs. Local governments are funded from the Federation Account to enable them to function effectively. It was expected under section 162(6) that States would contribute 10% of their internally generated revenue into the State Joint 

Local Government Account to boost overall funding to the 

Councils. Regrettably, in most States, the intention behind the 

State Joint Local Government Account was defeated as many States government, instead of adding to the funds transferred from the Federation Account, actually short-changed the Councils through questionable deductions, leaving the Councils too financially weak to carry out their functions. Through the efforts of the Federal Government, the Supreme Court on 11th July 2024 directed that the funds due to Local Governments from the Federation Account should henceforth be paid directly to them, thereby granting them financial autonomy. This decision has stripped States of power to continue to divert Council funds contrary to the letter and spirit of the Constitution. The Federal Government has set January 2025 for commencement of the implementation of the Supreme Court judgment.

This decision has been welcome by wide sections of the public. Local government Councils can no longer cite the deductions from their money by state governments as an excuse for their inability to deliver good governance to their people. They will now be able to make decisions and take actions without needing approval from their State governments.

Civic Education and Public Enlightenment

For good governance to thrive, the citizens need to be sufficiently educated and enlightened to hold to account those entrusted with responsibility to govern them. The citizens must be familiar with how government operates and the things that really matter if their quality of lives is to improve. The people have to be sufficiently enlightened to know how to demand what is due to them.

Unfortunately, there is an emerging culture, particularly among our youth, that propagates the idea that education is a waste of time and a scam. Some persons are quick to point at University graduates who are jobless many years after graduation in contrast to others who, apparently, are financially well-off despite having little or no education. The truth is that education is and will continue to be relevant to the well-being of society while, on the contrary, illiteracy is and will remain an incurable disease and a serious disability. Good governance will remain a mirage where the citizens are gullible and susceptible to manipulation due to ignorance. Getting a copy of the Constitution and making occasional references to it to clarify issues will be a good starting point in curing ignorance.

As the world becomes increasingly dominated by knowledge, with science, technology, robotics and Artificial Intelligence (AI) taking over and impacting many areas of human existence, education will continue to be relevant to mankind. The courses provided in our institutions must have their curriculums suitably structured or modified to meet with the dynamics of modern society. Our people, particularly the youth, need constantly to be aware, vigilant, ready and sufficiently grounded to engage those entrusted with authority to deliver good governance.

6. Conclusion

In this lecture I have explained the meaning of the terms “Law” and “Governance” with particular reference to their role in the development of Esanland. The prevailing laws in Esanland, as we have seen, consist of customary law and statutory law but it is the latter that is more directly operational in modern day governance.

Again, we highlighted the institutions and mechanisms for governance. In addition to those so empowered by the 

Constitution and other Statutes, traditional rulers and traditional institutions play an important role which, sadly, gets recognised and appreciated only in situations of crises or emergencies such as communal clashes and serious crimes. When confronted with serious security situations, governments, Federal, State and Local, are quick to call upon traditional rulers to help quell the problems or seek out solutions. Yet, this huge responsibility is not given commensurate recognition by the Constitution. I therefore support wholeheartedly the long-standing demand by Nigeria's traditional rulers that their roles in governance be given Constitutional imprimatur and recognition. 

The demand is justifiable and long overdue. It goes without saying that this will have to be matched by enhanced financial resources to enable them effectively discharge their responsibility. Constitutional recognition and defined role for traditional rulers will boost respect for and allow them exercise more authority in the discharge of their functions as custodians of Customary law and as important institutions in governance.

The bane of politics in Nigeria is that most political leaders have not yet grasped the elements underlying good governance as listed earlier on in this paper and Esanland is not exempt from this malaise. Good governance is not a favour. It is a necessary tool for the attainment of the UN Sustainable Development Goals. Citizens should insist, when political office holders make promises to them or embark on projects, that such projects are not intended as propaganda, neither are they an embellishment, window dressing or white elephant projects designed to serve as a conduit pipe to loot public funds.

"The obsession with the number of bills or motions a law-maker has sponsored, as some constituents often demand, is unhelpful as it pushes some, out of desperation, to engage in the unwholesome acts of bills recycling and bills merchandising for the sole purpose of building up numbers so as to stave-off accusations of indolence.

 "The best measure of a law-maker's performance is not the number of bills and motions standing in his name but the number of bills standing in his name and passed into law, not those that may never see the light of day.

"If by this Lecture citizens become better informed to hold their leaders accountable and insist that the right things be done, it would have made a tremendous and significant contribution to the enthronement of good governance in Esanland, in particular, and Nigeria in general.