The diminishing roles of our traditional rulers

The coronation of King Charles III of England on May 6 was an exhibition of British culture and tradition. Give it to the British in terms of tradition, they are experts. You can’t take it from them. They don’t have a written constitution but they maintain their tradition and culture.

We have a written constitution but we have deleted our culture and tradition from our constitution and that is our greatest dilemma. Marcus Garvey famously wrote: “A people without knowledge of their past history, origin, and culture is like a tree without roots”.

Our traditional rulers represent the best of our tradition and culture. They have been and they will continue to be. Even in our struggle for independence, they played prominent roles. It was not only the politicians that struggled for our independence, traditional rulers, journalists, and others were in the struggle too.

From May 23 to June 26, 1957, Nigeria took a bold step towards nationhood at the London Constitutional Conference at Lancaster House. Prominent traditional rulers were delegates to that conference. Among whom were Alhaji Muhammadu Sanusi KBE, who was acting governor of northern Nigeria in 1957 and the Emir of Kano between 1954-1963, the Emir of Katsina Alhaji Dr. Muhammadu Kabir Usman, the Ooni of Ife Sir Titus Martins Adesoji Tadeniawo Aderemi who later became the governor of Western Region, the Ewi of Ado Ekiti, Oba Daniel Akomolafe Anirare Aladesanmi II, the Attah of Igala Alhaji Aliyu Ocheja Obaje, and Chief Uyong Essien Akpan Efion-Iwat Effembe Ebit Akpan Amaide Oku, the traditional ruler of Uyo in Akwa Ibom state.

When I was growing up in Idanre, my hometown in the late fifties, my cousin Chief Babu Akinbobola and I used to visit our friend, Chief Pino Olatunji, to see his father’s car. Chief Olatunji was the Lisa of Idanre, second in command. It was a red Pontiac American car. He used to oblige us to enter the car. Lisa Olatunji acquired the car as a member of the House of Chiefs in the then Western Region to represent the then Owa of Idanre, Oba David Aladegbule Arubuefin Aroloye II, who reigned between 1918 to 1969, who was too old to travel then.

Three days before traveling to Ibadan for the meeting of the Western Region House of Chiefs, there would be festivities in and around the house of Lisa Olatunji. The House of Chiefs, by then, played important roles in governance in the Western Region.

During that time, some members of the House of Chiefs were ministers without portfolios. Among them was the Olubadan of Ibadan, Oba Isaac Babalola Akinyele who reigned from 1955 to 1965, the Osemawe of Ondo, Oba Tewogboye II, the Oluwo of Iwo, Oba Samuel Omotosho Abimbola who reigned from 1958-1982, the Obi of Agbor, Oba Obika A. Gbenoba, the Olu of Warri, Oba Erejuwa II who reigned from 1951 to 1964 and from 1966 to 1986, Ọmọ n’Ọba n’Ẹdo Uku Akpọlọkpọlọ, Akenzua II, the Oba of Benin who reigned from 1933 to 1978, the Olowo of Owo, Sir Olateru Olagbegi II, the Owa Obokun of Ijesha land, Oba A.O. Biladu III, the Alake of Egbaland, Oba Sir Ladapo Samuel Ademola, and the Awujale of Ijebuland, Oba Sikiru Kayode Adetona, Ogbagba Agbotewole II, who was crowned on April 2, 1960.

On January 15, 1966, when General Johnson Thomas Umunnakwe Aguiyi-Ironsi took over power, there were five constitutions in the country. All five constitutions upheld the traditional institutions in Nigeria. We had the 1963 constitution, the constitution of Northern Nigeria 1963, the constitution of Eastern Nigeria 1963, the constitution of Western Nigeria 1963, and the constitution of Mid Western Nigeria 1964.

On assuming power, General Ironsi suspended the five constitutions under decree number 1. He replaced them with a national government. At that time, the Emir of Gwandu, Alhaji Muhammadu Mera, was the president of the Northern House of Chiefs, the Osemawe of Ondo, Oba Rufus Adesokeji Aderele Tewogboye II, who reigned between 1942 and 1974 was the president of Western House of Chiefs, Chief Essien Uyo was the president of Eastern House of Chiefs and Oba Akenzua was the president of the Mid-Western House of Chiefs.

Ironsi immediately banned 26 tribal and cultural associations. They are Borno State Union, Egbe Atunluse Ibadan, Egbe Igbomina Parapo, Egbe Omo Oduduwa, Egbe Omo Olofin, Egbe Omo Yoruba, Egbe Yoruba Parapo, Ekiti Northern, Ekiti Parapo, Ekiti Progressive Union, Ibadan Parapo, Ibibio State Union, Ibo State Union or Ibo Union, Ibo Youth Congress, Ibo Youth League, Idoma Tribal Union, Igbira Tribal Union I and II, Ijaw Progressive Union, Kajola Society, Lagos Aborigines Society, Oganiru Society, Okaa Society, Oshun Parapo, Otu-Edo, Oyo Parapo and Yoruba State Union. I still wonder today about the need to ban cultural and tribal associations.

General Ironsi also banned 81 political parties. They are Action Group, Afenmai Peoples’ Congress, Awo National Brigade, Bornu Youth Movement, Calabar Emancipation League, Calabar, Ogoja, River State Movement, Common Peoples Party of Nigeria, Communist Party of Nigeria, Democratic Party of Nigeria, Dynamic Party, Eastern Nigeria Liberation Movement, Eastern Peoples’ Congress, Ghana-Nigeria Socialist Group, Habe Peoples’ Party, Ibadan Crusaders of Freedom, Ijumu Progressive Union, Kalabari Peoples’ Congress, Kano Peoples’ Party, Kano State Movement, Lagos Citizen Rights Protection Council, Lagos and Colony Peoples’ Congress, Lagos Separate State Movement, League of Northern Yorubas, Mabolaje Party, Middle Belt Congress of Nigeria, Middle Belt Peoples’ Party, Mid-West Democratic Front, Mid-West Youth Association, Moslem Peoples’ Party, Movement for Colonial Freedom, Muslim United Party and the National Convention of Nigeria Citizens.

The National Emancipation League, National Youth Council of Nigeria, National Youth Front, Niger Delta Congress, Niger Delta Volunteer Service, Nigerian Communist Party, Nigerian Council for Peace, Nigerian Labour Party, Nigerian Marxist Group in Germany(GDR), Nigerian National Alliance, Nigerian National Democratic Party, Nigerian National Youth Brigade, Nigerian Peoples’ Party—The New Nigeria, Nigeria Socialist Group, Nigerian Workers Liberation Movement, Nigerian Youth Congress, Northern Elements Freedom Organisations, Northern Elements Progressive Union, Northern Elements Women’s Association, Northern Opposition United Party, Northern Peoples’ Congress, Northern Peoples’ Congress Youth Association and the Northern Progressive Front were also banned.

Other associations prohibited were the Northern United Party, Northern Youth Movement, Okpara Youth Brigade, Oshun United Party, Oyo United Party, Peoples’ Party, Peoples Progressive Party, Republican Party, Rivers State Movement, and the Socialist Labour Party, Socialist Movement of Nigeria, Socialist Party of Nigeria, Socialist Workers and Farmers Party, Socialist Youths of Nigeria, Tarka Youth Pioneers, Tiv State Party, United Action Committee, United Middle Belt Congress, United National Independence Party, United Progressive Grand Alliance Youth Front, United Peoples’ Party, United Progressive Grand Alliance, United Working Peoples’ Party of Nigeria, Zikist Movement and Zikist National Vanguard.

The 1963 federal constitution guaranteed the existence of the Oba of Lagos. Section 41-46 of the federal constitution states that “there shall be a parliament of the federation, which shall consist of the President, a Senate and a House of Representatives.

• 42 (1) Without prejudice to the provisions of section 46 of this constitution, the Senate shall consist of
• (a) 12 senators representing each region, who shall be selected at a joint sitting of the legislative houses of that region from among persons nominated by the governor;
• (b) four senators representing the federal territory;
• (c) four senators selected by the president, acting in accordance with the advice of the prime minister.
• (2) The senators representing the federal territory shall be
• (a) the Oba of Lagos, who shall be an ex-officio member of the senate;
• (b) a chief selected in such manner as may be prescribed by parliament by the white cap chiefs of Lagos from among their own number, and
• (c) two other persons selected for that purpose in such manner as may be prescribed by parliament.
• (3) A joint sitting of the legislative houses of a Region may regulate its own procedure for the purposes of this section.
• 43. Without prejudice to the provisions of section 47 and 88 of this constitution, the house of representatives shall consist of 312 members.
• 44. Subject to the provisions of section 45 of this constitution
• (a) a person shall be qualified for selection as a senator if he is a citizen of Nigeria and has attained the age of 40 years;
• (b) a person shall be qualified for election as a member of the house of representatives if he is a citizen of Nigeria and has attained the age of 21 years and, in the case of a person who stands for election in Northern Nigeria, is a male person.

Section 4 of the Northern Nigeria constitution states that “there shall be a legislature for the region, which shall consist of the governor, a house of chiefs and a house of assembly and which shall have the power to make laws for the peace, order and good government of the region.

• 5. (1) The House of Chiefs shall consist of
• (a) all first-class chiefs, who shall be ex-officio members of the house;
• (b) 95 chiefs having such qualifications and selected in such manner as may be prescribed by the legislature of the region; and
• (c) an adviser on Moslem Law.
• (2) The seat in the House of Chiefs of a Chief other than a first-class Chief shall become vacant in such circumstances as may be prescribed by the Legislature of the Region.
• (3)In this section— “Chief” means any person who is for the time being recognised by the governor as a chief; “first-class chief” means any chief whose office is for the time being graded as that of a first-class chief under any law in force in the Region.
• (1) The adviser on Moslem law shall be appointed by the governor, acting in accordance with the advice of the premier.
• (2) A person holding the office of adviser on Moslem law may be removed from office by the governor, acting in accordance with the advice of the premier.
• (3) If the adviser on Moslem law is vacant or if the holder of the office is for any reason unable to perform the functions of his office, the governor, acting in accordance with the advice of the premier, may appoint a person to act in the office, and any person so appointed shall continue to act until his appointment is revoked by the governor, acting in accordance with the advice of the premier.

The Mid-Western Constitution states that “there shall be a legislature for the region, which shall consist of the governor, a house of chiefs and a house of assembly and which shall have the power to make laws for the peace, order and good government of the Region.

• (1) Without prejudice to the provisions of section 9 of this constitution, the house of chiefs shall consist of —
• (a) the Oba of Benin, the Olu of Warri and the persons for the time being holding such other chieftaincies as may be prescribed by the governor, who shall be ex-officio members of the house;
• (b) 51 chiefs having such qualifications and selected in such manner as may be prescribed by the legislature of the region;
• (c) such special members, being chiefs, as may be selected by the governor, acting in accordance with the advice of the premier;
• (d) four members selected by the governor, acting in accordance with the advice of the premier, to represent the interests of groups resident in the special areas within the meaning of subsection (4) of section 14 of this constitution, being groups whose interests, in the opinion of the governor acting as aforesaid, are not represented by members of the house of assembly for constituencies in those areas.
• (2) A person shall not be a member of the house of chiefs by virtue of paragraph (a) of subsection (1) of this section during any period when he holds office as governor: and the number of persons who are for the time being members of that house by virtue of that paragraph or paragraph (c) of that subsection shall not in the aggregate exceed 10.
• (3) The seat of a member of the house of chiefs shall become vacant—
• (a) in the case of a member other than the Oba of Benin, the Olu of Warri, or a special member, in such circumstances as may be prescribed by the legislature of the region; and
• (b) in the case of a special member, if he is removed from office as such a member by the governor, acting in accordance with the advice of the premier.
• (4) In this section “chief” means any person who is for the time being recognised as a chief under any law in force in the region.
• Without prejudice to the provisions of subsection (5) of section 10 and subsection (13) of section 33 of this constitution, the house of assembly shall consist of 65 members.

The constitution of Eastern Nigeria states that:

• There shall be a legislature for the region, which shall consist of the governor, a house of chiefs and a house of assembly and which shall have the power to make laws for the peace, order, and good government of the region.
• (1) Without prejudice to the provisions of section 9 and 34 of this constitution, the house of chiefs shall consist of:
• (a) all traditional rulers, who shall be ex-officio members of the house;
• (b) first-class chiefs appointed to represent provinces in the region;
• (c) 55 chiefs having such qualifications and selected in such manner as may be prescribed by the legislature of the region;
• (d) such special members (not exceeding five) having such qualifications as may be prescribed by the legislature of the region as may be selected by the governor acting in accordance with the advice of the premier.
• (2) The seat in the house of chiefs of a member other than an ex-officio member shall become vacant in such circumstances as may be prescribed by the legislature of the region.
• (3) In this section— “chief” means any person who is for the time being recognised as chief under any law in force in the region; “first-class chief” means— (a) a person who, for the purpose of representing a province in the house of chiefs is appointed a first-class chief under the provisions of a law in force in the region; or (b) any person who is for the time being recognised as a traditional ruler under any law in force in the region.
• Without prejudice to the provisions of sections 10 and 34 of this constitution, the house of assembly shall consist of 146 members.

The constitution of Western Nigeria states that:

• There shall be a legislature for the region, which shall consist of the Governor, a House of Chiefs and a House of assembly and which shall have power to make laws for the peace, order and good government of the Region.
• 5 (1) The House of Chiefs shall consist of
• (a) the persons for the time being holding such chieftaincies as may be prescribed by the Governor, who shall be ex officio members of the house;
• (b) 87 chiefs having such qualifications and selected in such manner as may be prescribed by the Legislature of the Region;
• (c) such Special Members, being Chiefs (not exceeding four) as may be selected by the Governor, acting in accordance with the advice of the Premier; and
• (d)if he is not a member of the House of Chiefs apart from this paragraph, the President of the House.
• 2 (a) The seat in the House of Chiefs of a member other than an ex officio member or a Special Member shall become vacant in such circumstances as may be prescribed by the Legislature of the Region;
• (b) The seat in the House of Chiefs of a Special Member, including a Special Member appointed by the Governor at any time before the coming into force of the Constitution, shall become vacant if he is removed from office as a Special Member by the Governor, acting in accordance with the advice of the Premier
• (3) In this section—“chief” means any person who is for the time being recognised as a chief under any law in force in the region.
• 6. Without prejudice to the provisions of sub-section (5) of section 10 and sub-section (13) of section 33 of this constitution, the house of assembly shall consist of 94 members”.

These were institutions in existence till January 15, 1966, when General Ironsi suspended the constitution. From 1966 till 1979, the army gave no role to the traditional rulers but in the 1979 constitution, a role was given to them.

In the third schedule of the 1979 constitution, Section 140 states that

• 1. The council of state shall comprise the following persons, namely
• (a) the President, who shall be the Chairman;
• (b) the Vice-President, who shall be the Deputy Chairman;
• (c) all former Presidents of the Federation and all former Heads of the Government of the Federation;
• (d) all former Chief Justices of Nigeria who are citizens of Nigeria;
• (e) the President of the Senate;
• (f) the Speaker of the House of Representatives;
• (g) all the Governors of the States of the Federation;
• (h) the Attorney-General of the Federation; and
• (i) one person from each state
• 2. The council shall have the power
• (a) to advise the president in the exercise of his powers with respect to the National Population Census and compilation, publication, and keeping of records and other information concerning the same, Prerogative of Mercy, Award of National Honours, the Federal Electoral Commission(including the appointment of members of that Commission), the Federal Judicial Service Commission (including the appointment of members, other than ex officio members of that Commission) and the National Population Commission (including the appointment of members of that Commission); and
• (b) to advise the president whenever requested to do so on the maintenance of public order within the Federation or any part thereof and on such other matters as the president may direct”.

Regrettably, in the 1999 constitution, which we are still operating today, there is no role for the traditional rulers. Not a single reference to them. It’s as if the 1999 constitution was written by a foreigner and I don’t know why. I believe tradition and modernity should complement each other. They should not be poles apart. While modernising, we must preserve our traditions. The other day, I saw Bishop Matthew Hassan Kukah from Efdom, Zangon-Kataf local government area of Kaduna state, current bishop of the Roman Catholic Diocese, Sokoto, dancing with a cultural group while wearing his soutane. I don’t think his role at that event has diminished his role in the church.

On May 28, 2016, during his inauguration as president of the African Development Bank, Dr. Akinwunmi Ayodeji Adesina exhibited the Yoruba culture when he invited selected Yoruba dancers to his inauguration. It was a pure display of the Yoruba culture.

The institution of traditional rulers must not be allowed to perish. Everything must be done to sustain that institution. Luckily, we now have a president, Asiwaju Bola Ahmed Tinubu, who believes in our traditions and culture. It is not too late now to rejig Chief Clement Ebri’s committee’s report that constitutional recognition be given to the role of traditional rulers. Provision should be made for the establishment of state councils of traditional rulers as an advisory body in all states of the federation.

The composition of the council of state should be expanded to include chairmen of the state councils of traditional rulers (state council of chiefs) and provisions be made for a traditional council at each local government area to serve as an advisory body on matters of tradition and culture and similar issues at that level. These roles in no way confer executive, legislative or judicial functions on them.