The Constitution of Eastern Nigeria states that “4. 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 peace, order and good government of the Region. 5 (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; fifty-five Chiefs having such qualifications and selected in such manner as may be prescribed by the Legislature of the Region; and (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 recognized 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 recognized as a traditional Ruler under any law in force in the Region. 6. Without prejudice to the provisions of sections 10 and 34 of this Constitution, the House of Assembly shall consist of one hundred and forty-six members. 

The Constitution of the 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) eighty-seven 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 recognized 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 ninety-four 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, who shall as respects that State be appointed by the Council of Chiefs of the States from among themselves. 2. The Council shall have 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 till 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 modernizing, we must preserve our tradition. The other day, I saw Bishop Matthew Hassan Kukah (70) from Efdom, Zangon-Kataf Local Government Area of Kaduna state, current Bishop, 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 African Development Bank, Dr. Akinwunmi Ayodeji Adeshina (63) exhibited the Yoruba Culture when he invited selected Yoruba dancers at 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 tradition 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 be expanded to include Chairmen of the state councils of traditional rulers (state council of chiefs) and provision be made for 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.
Concluded
Teniola, a former Director at the Presidency wrote from Lagos.