In Benin, Law No. 2025-09 establishing the legal framework for traditional chieftaincy enacted

On April 3, 2025, President Patrice Talon enacted a historic law establishing a legal framework for traditional chieftaincy in the Republic of Benin. Passed by the National Assembly a few weeks earlier, Law No. 2025-09 officially recognizes the existence and role of customary structures, integrating them into the republican system without assimilating them to public administration.

The text defines traditional chieftaincy as a pre-colonial socio-cultural organization whose authority holders are the custodians of customs and traditions. Three categories are formally recognized: kingdoms, senior chieftaincies, and customary chieftaincies. Around forty kingdoms and chieftaincies are listed in the law, including Allada, Nikki, Dogbo-Ahomey, Adjara, and the Batammariba. Each entity has its own governance model, embodied by a king, a senior chief, or a customary chief.

The law makes it clear that these traditional authorities are not part of the public administration but may support the State in implementing policies related to education, social cohesion, and the preservation of cultural heritage. Their role also includes social mediation, the promotion of local languages, and the safeguarding of rituals, folklore, and customs.

To ensure the legitimacy of traditional rulers, the law strictly regulates access to the throne. Each kingdom or chieftaincy has a selection council responsible for overseeing the selection process in accordance with inherited traditional rules, taking into account criteria such as lineage, moral integrity, and validation by an oracle. The installation of new chiefs is formalized by a joint ministerial decree, which serves as official recognition.

Chiefs are required to maintain neutrality, impartiality, and loyalty to the Republic. They must refrain from any partisan political activity, under penalty of sanctions ranging from a warning to suspension or even withdrawal of official recognition. Any violation of laws or behavior harmful to social peace may also result in dismissal.

The law also grants a number of symbolic and material privileges. Kings and chiefs may be invited to official ceremonies, receive decorations, be consulted on sensitive matters, and benefit from logistical support or allowances, as defined by regulatory provisions. They serve for life on the National Chamber of Traditional Chieftaincy, a representative body whose structure will be established by decree.

LAW NO. 2025-09 OF APRIL 3, 2025

TITLE I

GENERAL PROVISIONS

CHAPTER I

DEFINITIONS – PURPOSE – SCOPE OF APPLICATION

Article 1: For the purposes of this law, the following terms are defined as follows:

• abdication: renunciation of the function of king, superior chief, or customary chief;
• traditional chieftaincy: a social and cultural form of organization that originated in the precolonial period in one of the spaces of present-day Republic of Benin, whose authorities are guardians of the customs and traditions admitted in the Republic of Benin;
• designation council: the body that receives and examines applications for the position of king, superior chief, and customary chief. It organizes and manages the process of designating kings, superior chiefs, and customary chiefs;
• culture: the set of knowledge, beliefs, artistic expressions, rules of ethics and morality, customs and practices, and other capacities or habits that characterize a group, a human community, and that are conveyed by a common language;
• interregnum: the transitional period in the management of a traditional chieftaincy separating two reigns. It occurs following the death of the king, superior chief, or customary chief in accordance with customary rules;
• kingdom: a sociocultural entity with centralized power that originated in the precolonial period, grouping together diverse sociocultural communities and having a royal court, placed under the authority of a king or queen;
• customs and traditions: identity-specific habits and practices of a sociocultural group that guarantee respect for the laws of the Republic, the dignity and development of the human person, the right to life, health, and social progress.

CHAPTER II

PURPOSE – SCOPE OF APPLICATION

Article 2: This law establishes the rules relating to the legal regime of traditional chieftaincy and the conditions and methods for exercising its role as guardian of customs and traditions in the Republic of Benin.

Article 3: This law applies to:

• the area of competence of the traditional chieftaincy;
• the devolution of traditional power;
• the recognition of traditional chieftaincy;
• the duties, rights, and obligations of traditional chieftaincy.

TITLE II

COMPOSITION – DUTIES OF TRADITIONAL CHIEFTAINCY

CHAPTER I

COMPOSITION OF TRADITIONAL CHIEFTAINCY

Article 4: Traditional chieftaincy includes social and cultural entities with centralized traditional power called kingdoms, social and cultural entities characterized by moderately centralized traditional power called superior chieftaincies, and social entities characterized by non-centralized and independent power called customary chieftaincies.

Article 5: The following traditional chieftaincies are recognized as kingdoms in the Republic of Benin:

• the Kingdom of Allada;
• the Kingdom of Bassila;
• the Kingdom of Bouè;
• the Kingdom of Danhomè;
• the Kingdom of Dogbo-Ahomey;
• the Kingdom of Hogbonou;
• the Kingdom of Igbo-Idaasha or Dassa-Zounmè;
• the Kingdom of Itakété or Sakété;
• the Kingdom of Kétou;
• the Kingdom of Kika;
• the Kingdom of Kilir or Djougou;
• the Kingdom of Kpanné or Kouandé;
• the Kingdom of Nikki;
• the Kingdom of Sandiro;
• the Kingdom of Savalou;
• the Kingdom of Tchabè or Savè.

In each of the kingdoms, traditional authority is ensured by a king.

Article 6: The following traditional chieftaincies are recognized as superior chieftaincies, dependent or independent, with moderately centralized power:

• the Watchi Chieftaincy of Comè;
• the Saxwè Chieftaincy of Doutou in Houéyogbé;
• the Idjè Chieftaincy;
• the Kotafon Chieftaincy of Lokossa;
• the Chieftaincy of Dangbo;
• the Chieftaincy of Kpanwignan;
• the Chieftaincy of Soclogbo;
• the Chieftaincy of Gbaffo;
• the Chieftaincy of Dovi-Somè;
• the Chieftaincy of Agouagon;
• the Chieftaincy of Gbowèlè;
• the Chieftaincy of Tchahounkou;
• the Chieftaincy of Thio;
• the Chieftaincy of Ouèdèmè in Glazoué;
• the Chieftaincy of Assanté;
• the Chieftaincy of Don;
• the Chieftaincy of Gounli;
• the Chieftaincy of Doga;
• the Chieftaincy of Agonvè;
• the Chieftaincy of Kpankou;
• the Chieftaincy of Zagnanado;
• the Chieftaincy of Agonlin-Houégbo;
• the Chieftaincy of Tori-Bossito;
• the Chieftaincy of Adjara;
• the Chieftaincy of Kétonou;
• the Chieftaincy of Ekpè;
• the Chieftaincy of Avrankou;
• the Chieftaincy of Koutago;
• the Chieftaincy of Logozohè;
• the Chieftaincy of Monkpa;
• the Chieftaincy of Doïssa;
• the Chieftaincy of Aklamkpa;
• the Chieftaincy of Ouèssè;
• the Chieftaincy of Mondji;
• the Hwlagan Chieftaincy in Grand-Popo;
• the Chieftaincy of Agoué;
• the Chieftaincy of Hlasssamè;
• the Chieftaincy of Azovè;
• the Chieftaincy of Aplahoué;
• the Chieftaincy of Lalo;
• the Chieftaincy of Adjahonmey;
• the Chieftaincy of Djakotomey;
• the Chieftaincy of the Mokollé;
• the Chieftaincy of Manigri;
• the Chieftaincy of Igbèrè;
• the Chieftaincy of Wannou;
• the Chieftaincy of Kikélé;
• the Chieftaincy of Igbomakro;
• the Chieftaincy of Doguè;
• the Chieftaincy of Bantè;
• the Chieftaincy of Adja-Ouèrè;
• the Chieftaincy of Parakou;
• the Chieftaincy of Kandi;
• the Chieftaincy of Darou;
• the Chieftaincy of Kpara;
• the Chieftaincy of Pèrèrè;
• the Chieftaincy of Kalalé;
• the Chieftaincy of Basso;
• the Chieftaincy of Gbassi;
• the Chieftaincy of Sinendé;
• the Chieftaincy of Saoré;
• the Chieftaincy of Bembèrèkè;
• the Chieftaincy of Sougou Pantrosi;
• the Chieftaincy of Bouanri;
• the Chieftaincy of Guéra N’kali;
• the Chieftaincy of Sékéré;
• the Chieftaincy of Tchaourou;
• the Chieftaincy of Mora Wonkourou;
• the Chieftaincy of Tannou;
• the Chieftaincy of Kabo;
• the Chieftaincy of Waria;
• the Chieftaincy of Kokobe;
• the Chieftaincy of Kpané;
• the Chieftaincy of Yinsi;
• the Chieftaincy of Diguidirou;
• the Chieftaincy of Guina Gourou;
• the Chieftaincy of Birni;
• the Chieftaincy of Kérou;
• the Chieftaincy of Wassa-Tobré;
• the Chieftaincy of Karimama;
• the Chieftaincy of Guéné.

In each superior chieftaincy, traditional authority is ensured by a superior chief.

Article 7: The following traditional chieftaincies are recognized as customary chieftaincies with non-centralized power:

• the Chieftaincy of the Batammariba;
• the Chieftaincy of the Bialbè;
• the Chieftaincy of the Foods;
• the Chieftaincy of the Gulmancèba;
• the Chieftaincy of the Lokpa;
• the Chieftaincy of the Mbelmè;
• the Chieftaincy of the Natemba;
• the Chieftaincy of the Yowa;
• the Chieftaincy of the Tem;
• the Chieftaincy of the Waaba.

In each customary chieftaincy, traditional authority is ensured by a customary chief.

Article 8: Any person who represents traditional authority within traditional social organization forms not listed in Articles 5, 6, and 7 of this law is referred to as a community chief.

CHAPTER II

DUTIES OF TRADITIONAL CHIEFTAINCY – RELATIONS BETWEEN KINGS AND SUPERIOR CHIEFS

Article 9: Traditional chieftaincy is the guarantor of positive customs and traditions. It assists and collaborates with the State in implementing its education and social cohesion policies. In this regard, it is responsible for:

• contributing to the promotion and enhancement of positive customs and traditions;
• contributing to the reconstruction and dissemination of the community’s history;
• contributing to the preservation of the community’s material and intangible cultural heritage;
• contributing to the inventory and preservation of the community’s rites and history;
• contributing to the promotion of local Beninese languages in use in its area through, among other things, tales and legends, songs and dances, proverbs, and literacy;
• ensuring the regular holding of community festive ceremonies and organizations;
• promoting coexistence, peace, and social cohesion within the community and with other communities;
• providing social mediation in the resolution of customary disputes;
• ensuring the moralization of community life;
• contributing to the dissemination of the Republic’s texts;
• collaborating with public authorities for the security and well-being of the populations living in its area.

Article 10: The duties provided for in Article 9 of this law do not make traditional chieftaincy an administrative structure or a service provider of the State.

Article 11: The relationships between kings and superior chiefs are as follows:

• kings and superior chiefs who share the same sociocultural space must mutually respect, collaborate, and assist each other to maintain peace and social cohesion within the community;
• kings sharing the same sociocultural space with superior chiefs must create a functional framework for consultation with the latter to settle, in accordance with the hierarchy/precedence, all disputes threatening coexistence and to maintain peace and social cohesion within the community;
• kings must permanently listen to the superior chiefs with whom they share the same sociocultural space;
• superior chiefs sharing at least one sociocultural space with a king refer to him for the settlement of any dispute or other action to maintain social cohesion and peace within the community;
• superior chiefs sharing at least one sociocultural space with a king recognize his moral and hierarchical authority over them.

TITLE III

ORGANIZATION – OPERATION OF TRADITIONAL CHIEFTAINCY

CHAPTER I

ORGANIZATION OF TRADITIONAL CHIEFTAINCY

Article 12: Traditional chieftaincy is organized based on customary rules that are historically accepted and in accordance with the laws and values of the Republic. Traditional chieftaincy is embodied by a king, a superior chief, or a customary chief. The king, the superior chief, or the customary chief is responsible for implementing the mission and duties assigned to traditional chieftaincy. The enthronement of a king or the installation of a superior chief or customary chief is carried out in accordance with the customary rules of the traditional chieftaincy concerned. The enthronement of a king or the installation of a superior chief or customary chief is recorded by a joint order of the ministers in charge of culture and the interior. This order constitutes recognition of the office of king, superior chief, or customary chief. A structure is designated to support and accompany traditional chieftaincy. The composition, duties, organization, and operation of said structure are determined by a joint order of the ministers in charge of culture and the interior.

Article 13: A designation council is created in each of the traditional chieftaincies listed in Articles 5, 6, and 7 of this law. The composition, duties, organization, and operation of the designation councils are determined by a joint order of the ministers in charge of culture and the interior, upon proposal from the structures responsible for supporting and accompanying traditional chieftaincy.

Article 14: The criteria for the devolution of traditional power in the sixteen kingdoms listed in Article 5 of this law are as follows:

14.1) In the Kingdom of Allada, the candidate for the royal function:

• is designated under the leadership of the designation council;
• comes from one of the lineages concerned by the throne of Kokpon;
• is a prince;
• is a person fit for the royal function;
• masters the mechanisms and practices of tradition;
• is validated by the priest(s) of the oracle designated by the designation council.

Succession to the throne of Kokpon is carried out on a rotational basis among the following lineages: Awessou Dangbassa, Dako, Hounnougoungoun, Kpokonnou, Adoumadjogbado, Dètchaada, Midjo, Dèka, Ganhoua, Sindjè, Djigla, Djihinto, Kanfon, Bêdégla Toyi, Kpodégbé.

14.2) In the Kingdom of Danhomè, the candidate for the royal function:

• is designated under the leadership of the designation council;
• comes from one of the reigning royal lineages;
• presents physical and moral integrity;
• has the ability to sing and walk well;
• is born to a mother of common or servile origin and not of princely origin;
• is validated by the priest(s) of the oracle designated by the designation council.

Succession to the throne of Houégbadja is carried out alternately between the Béhanzin and Agoli-Agbo lineages.

14.3) In the Kingdom of Dogbo-Ahomey, the royal function is simultaneously held by a king and a queen. The candidate for king:

• is designated under the leadership of the designation council;
• comes from one of the reigning lineages;
• enjoys physical and moral integrity;
• is a person of the third age;
• is not a twin or the parent of twins;
• is validated by the priest(s) of the oracle designated by the designation council.

The candidate for queen:

• is designated under the leadership of the designation council;
• is a princess of Bamè;
• is physically and morally intact;
• is in a state of menopause.

Succession to the royal function in the Kingdom of Dogbo-Ahomey is carried out among the following nine lineages located in Bamè: Assouihon, Holougbégnon, Edoh, Tossouvignon, Togan, Eko, Tétévi, Djéwlé, Noumadji.

14.4) In the Kingdom of Hogbonou, the candidate for the royal function:

• is designated under the leadership of the designation council;
• comes from one of the eight princely branches descending from Tê-Agbanlin;
• is fit and in good physical shape;
• knows the practices and customs of tradition;
• is validated by the priest(s) of the oracle designated by the designation council.

Succession to the throne of Tè-Agbanlin is carried out on a rotational basis among the following princely branches: Dè Hiakpon, Dè Lokpon, Dè Houdé, Dè Messè, Dè Houyi, Tè Adah, Tè Vossou, and Tè Wokou.

14.5) In the Kingdom of Savalou, the candidate for the royal function:

• is designated under the leadership of the designation council;
• is from the succession to the throne of Gbaguidi;
• enjoys physical, mental, and psychological integrity;
• ensures the regularity of payment of his contributions for funeral ceremonies;
• is an orphan of both father and mother;
• is validated by the priest(s) of the oracle designated by the designation council.

Succession to the throne of Gbaguidi is carried out on a rotational basis among the following four lineages: Gougnisso, Lintonon, Zoudégla, and Dada Vodoun.

14.6) In the Kingdom of Igbo-Idaasha (Dassa-Zounmè), the candidate for the royal function:

• is designated under the leadership of the designation council;
• is from one of the two reigning royal dynasties;
• enjoys physical and moral integrity;
• is an orphan of both father and mother;
• is validated by the priest(s) of the oracle designated by the designation council.

Succession is carried out on a rotational basis between the royal dynasty of the Odjo and that of the Djagoun Oyimbo. The Odjo dynasty provides two kings to the throne in succession before the Djagoun Oyimbo dynasty provides one.

14.7) In the Kingdom of Kétou, the candidate for the royal function:

• is designated under the leadership of the designation council;
• is from one of the reigning dynasties;
• is an orphan of both father and mother;
• is validated by the priest(s) of the oracle designated by the designation council.

Succession is carried out on a rotational basis among the following dynasties: Aro, Mecha, Mêfou, Alapini, and Magbo.

14.8) In the Kingdom of Itakété (Sakété), the candidate for the royal function:

• is designated under the leadership of the designation council;
• is from one of the two great dynasties that provide candidates for the throne of the kingdom on an alternating basis;
• is validated by the priest(s) of the oracle designated by the designation council.

Succession in the Kingdom of Itakété (Sakété) is carried out on an alternating basis between the Agbadebo llou Eyibo and Agounloye Bi Eyibo dynasties.

14.9) In the Kingdom of Tchabè (Savè), the candidate for the royal function:

• is designated under the leadership of the designation council;
• is from one of the two dynasties that succeed to the throne of the kingdom on an alternating basis;
• is validated by the priest(s) of the oracle designated by the designation council.

In the Kingdom of Tchabè (Savè), succession is carried out on an alternating basis between the Ifa dynasty and the Akikindjou dynasty.

14.10) In the Kingdom of Nikki, the candidate for the royal function:

• is designated under the leadership of the designation council;
• is chosen from among the four current reigning dynasties;
• is an orphan of both father and mother;
• has reached the age of maturity;
• is fit and enjoys physical integrity.

In the Kingdom of Nikki, succession to the throne is carried out among the following four reigning dynasties: Mako Gbassi, Sesi Makararou, Mako Korarou, and Sannou Yari Lafiarou.

14.11) In the Kingdom of Boué, the process for designating the king is identical to that of Nikki. However, only the Tosu dynasty organizes succession to the throne. This succession occurs by generation, in strict accordance with the principle of primogeniture within generations.

14.12) In the Kingdom of Kika, the process for designating the king is identical to that of Nikki. However, the Buenre constitute the only dynasty that provides kings to the throne of Kika.

14.13) In the Kingdom of Sandiro, the process for designating the king is identical to that of Nikki. However, only the Moro dynasty is authorized to provide candidates for the throne.

14.14) In the Kingdom of Kpanné (Kouandé), the process for designating the king is identical to that of Nikki. However, the Makararou constitute the only dynasty that animates traditional political life in the kingdom and provides candidates for the throne.

14.15) In the Kingdom of Kilir or Djougou, the candidate for the royal function:

• is designated under the leadership of the designation council;
• is from one of the three reigning dynasties;
• presents signs of wisdom, physical and moral integrity;
• is validated by the priest(s) of the oracle designated by the designation council.

In the Kingdom of Kilir or Djougou, succession to the throne is carried out on an alternating basis among the Kpétoni, Atakora, and Gnonra.

14.16) In the Kingdom of Bassila, the candidate for the royal function:

• is designated under the leadership of the designation council;
• comes from one of the three reigning dynasties;
• embodies the values of physical and moral integrity, truth, patience, and wisdom;
• is validated by the priest(s) of the oracle designated by the designation council.

In the Kingdom of Bassila, succession is carried out on a rotational basis among the following dynasties: Affo, Tchabi, and Allè.

Article 15: The criteria for the devolution of traditional power in the traditional chieftaincies listed in Articles 5, 6, and 7 of this law are recorded and made available to the designation councils by the national permanent monitoring commission for traditional chieftaincy.

Article 16: Any citizen who meets the conditions inherited from tradition may be chosen as king, superior chief, or customary chief.

Article 17: No one may exercise the functions of king, superior chief, or customary chief if they have been subject to a final judicial decision of conviction for a criminal or infamous sentence, if they do not enjoy their civil and political rights, or if there is incompatibility. The king, the superior chief, or the customary chief may not be a member of any political party.

Article 18: Each traditional chieftaincy bears the name consecrated by tradition. The king, the superior chief, or the customary chief bears the title conferred upon them by tradition, customs, and traditions. No one may claim the title of king, superior chief, or customary chief if they have not been chosen as such, under penalty of criminal sanctions for usurpation of title.

Article 19: The king is assisted by a council of the throne with proven knowledge of the customs and traditions of the community. The members of the council of the throne are designated by the king in accordance with the customary rules of the kingdom. The superior chief or the customary chief is assisted by a council of elders with proven knowledge of the customs and traditions of the community or sociolinguistic group. The members of the council of elders are designated in accordance with the customary rules of the community or sociocultural group concerned.

Article 20: Each of the traditional chieftaincies indicated in Articles 5, 6, and 7 of this law is represented by its king, superior chief, or customary chief, who sits for life in the national chamber of traditional chieftaincy.

Article 21: The traditional chieftaincies recognized in Articles 5, 6, and 7 of this law are represented within the national chamber of traditional chieftaincy in accordance with their respective organizations. The duties, composition, organization, and operation of the national chamber of traditional chieftaincy are determined by decree issued in the Council of Ministers upon joint proposal from the ministers in charge of culture, the interior, and justice.

Article 22: A national permanent commission is created to monitor traditional chieftaincy. The duties, composition, organization, and operation of the national permanent commission responsible for monitoring traditional chieftaincy are determined by decree issued in the Council of Ministers upon joint proposal from the ministers in charge of culture, the interior, and justice.

CHAPTER II

OPERATION OF TRADITIONAL CHIEFTAINCY

Article 23: The members of the council of the throne or the council of elders are duly convened by the king, the superior chief, or the customary chief in accordance with the customary rules of the traditional chieftaincy concerned.

Article 24: The decisions of kings, superior chiefs, and customary chiefs are made in accordance with the customary rules of the traditional chieftaincy concerned.

Article 25: In the event of a vacancy at the head of a traditional chieftaincy, the council of the throne or the council of elders informs the competent authority within a maximum of fifteen days from the date of the vacancy.

Article 26: All traditional power is exercised in accordance with the rules inherited from tradition and without hindrance to republican values.

Article 27: The king and the members of the council of the throne, the superior chief or the customary chief and the members of his council of elders are personally responsible for offenses against laws and regulations committed in the exercise of their functions.

TITLE IV

PRINCIPLES AND BENEFITS RELATED TO THE FUNCTION OF KING, SUPERIOR CHIEF, AND CUSTOMARY CHIEF

CHAPTER I

PRINCIPLES RELATED TO THE FUNCTION OF KING, SUPERIOR CHIEF, AND CUSTOMARY CHIEF

Article 28: In the performance of their duties, the king, the superior chief, or the customary chief must observe the principles of neutrality, impartiality, reserve, and transparency. They have the obligation to act with dignity and loyalty toward the State and their community. The king, the superior chief, or the customary chief must avoid any form of discrimination within the community and with other communities in order to maintain peace and social cohesion.

Article 29: The king, the superior chief, or the customary chief wears specific attire dedicated to their function in public places and for official ceremonies. The modalities for wearing said attire will be specified by a joint order of the ministers in charge of culture and the interior.

Article 30: The king, the superior chief, or the customary chief must respect and ensure respect for the attributes of the court or their sociocultural group. Every citizen, regardless of their sociocultural affiliation, owes them the respect commanded by the laws and regulations of the Republic toward their fellow citizens. The members of their sociocultural space who, explicitly or implicitly, consent to pledge allegiance to them submit to their authority.

Article 31: The king, the superior chief, or the customary chief is required to reside in the territory of the chieftaincy for which they are responsible. However, they enjoy the freedom to come and go, which must not hinder their function as king, superior chief, or customary chief.

CHAPTER II

BENEFITS RELATED TO THE FUNCTION OF KING, SUPERIOR CHIEF, AND CUSTOMARY CHIEF

Article 32: The king, the superior chief, or the customary chief is invited by political or administrative authorities to official events of the Republic. They may be appointed to one of the national orders.

Article 33: The State takes measures to rehabilitate royal palaces for the king or to contribute to providing suitable housing for the superior chief or customary chief. The State may grant the king, the superior chief, and the customary chief or each traditional chieftaincy an allowance under the conditions and modalities determined by regulatory means.

Article 34: The State ensures, in accordance with the texts in force, the protection of the king, the superior chief, and the customary chief against threats, insults, injuries, or defamation that they may be subject to in the exercise of their function.

Article 35: A king, a superior chief, or a customary chief may be consulted on a punctual and confidential basis on certain matters of the Republic if the competent authority deems it necessary. However, their opinion is advisory.

Article 36: The State recognizes the dignitaries designated in each of the traditional chieftaincies provided for in Articles 5, 6, and 7 of this law and grants them the deserved treatment when they represent their chieftaincy in the missions of the State.

Article 37: All other benefits or specific treatments for the benefit of kings, superior chiefs, and customary chiefs are determined by decree issued in the Council of Ministers upon joint proposal from the ministers in charge of culture and finance.

TITLE V

TERMINATION OF THE FUNCTIONS OF KING, SUPERIOR CHIEF, OR CUSTOMARY CHIEF – SANCTIONS

CHAPTER I

TERMINATION OF THE FUNCTIONS OF KING, SUPERIOR CHIEF, OR CUSTOMARY CHIEF

Article 38: The termination of the functions of a king, a superior chief, or a customary chief, resulting in a vacancy, occurs due to death, abdication, permanent physical or mental incapacity, or a final conviction for a criminal and infamous sentence of the holder, or for any cause defined by tradition and not infringing upon the fundamental rights of the human person.

Article 39: The devolution of power in the event of a vacancy at the head of a traditional chieftaincy and the management of the interregnum are carried out in accordance with the customary rules of the traditional chieftaincy concerned.

CHAPTER II

SANCTIONS

Article 40: Any king, superior chief, or customary chief engaging in political and/or partisan activities or having breaches likely to compromise their functions as king, superior chief, or customary chief is subject to the following sanctions, which may be pronounced against them, depending on the seriousness of the breach:

• warning;
• suspension;
• withdrawal of the recognition act.

Article 41: The warning is pronounced by the competent prefectural authority.

Article 42: The suspension of the king, the superior chief, or the customary chief is pronounced by the minister in charge of the interior after consultation with the minister in charge of culture, based on a reasoned report from the prefectural authority. The suspension may not exceed six months. During the suspension period, the interim of the king, the superior chief, or the customary chief is ensured in accordance with the customary rules of the traditional chieftaincy concerned.

Article 43: In the event of serious breaches compromising their function or violating the laws and regulations in force in the Republic of Benin, the king, the superior chief, or the customary chief is subject to the withdrawal of the recognition act. They incur the same sanction in the event of recidivism for breaches already sanctioned by a suspension. The decision to withdraw the recognition act of the king, the superior chief, or the customary chief is made by the minister in charge of the interior after consultation with the minister in charge of culture.

Article 44: The accused is given the opportunity to provide their defense. The decisions of suspension or withdrawal of the recognition act are motivated and notified to the king, the superior chief, or the customary chief concerned.

Article 45: In the event of withdrawal of the recognition act, the king, the superior chief, or the customary chief loses all their attributes and related benefits. The same applies in the event of a final criminal conviction with imprisonment of the king, the superior chief, or the customary chief.

TITLE VI

TRANSITIONAL AND FINAL PROVISIONS

Article 46: Kings, superior chiefs, or customary chiefs who are members of a political party have three months from the effective date of this law to comply. Furthermore, the king, the superior chief, or the customary chief who holds a national or local elective mandate on the effective date of this law retains their status until the expiration of their mandate.

Article 47: This law, which repeals all contrary previous provisions, shall be executed as Law of the State.

Done in Cotonou, April 3, 2025

By the President of the Republic, Head of State, Head of Government,

Patrice TALON

The Keeper of the Seals, Minister of Justice and Legislation,

Yvoh DETCHENOU

The Minister of Culture,

Babalola Jean-Michel Hervé ABIMBOLA

The Minister of the Interior and Public Security,

Alassane SEIDOU