Diminishing roles of our traditional rulers (2)

Traditional rulers during a special security meeting at Edo State Government House, in Benin City.

Traditional rulers during a special security meeting at Edo State Government House, in Benin City.

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. Without prejudice to the provisions of section 46 of this Constitution, the Senate shall consist of —— (a) twelve 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 person 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 three hundred and twelve 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 forty 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 twenty-one years and, in the case of a person who stands for election 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 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) ninety-five 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 recognized 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 6. (1) The adviser on Moslems 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 Moslems 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 power to make laws for the peace, order and good government of the Region. 5—-(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) fifty-one 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; and (d) four members selected by the Governor, acting in accordance with the advice of the Premier, to represent the interests of groups of persons 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 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 ten.

(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 recognized as a Chief under any law in force in the Region. 6. 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 sixty-five members.

To be continued tomorrow
Teniola, a former Director at the Presidency wrote from Lagos.

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