House of chiefs should be next (2)

By Eric Teniola

Continued from yesterday

Section 41 of the 1963 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) 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 Minster.

(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 the Parliament by the White-Cap Chiefs and War 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 sections 47 and 88 of this Constitution, the House of Representatives shall consist of three hundred and twelve members.

44. Subject to the provision 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 in the Northern Nigeria, is a male person.

Section 4 of the 1963 Western Region 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) the person for the time being holding such chieftaincies as may be described 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;

(d) if he is not a member of the House 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 this 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.”

Let me refer specifically to Section 26 of the Constitution of Mid-Western Nigeria Act 1964.
It states “(1) The House of Chiefs shall not—- (a) proceed upon any bill, other than a bill sent from the House of Assembly, that, in the opinion of the person presiding, makes provision for any of the following purposes—

The imposition, repeal or alteration of taxation;
The imposition of any charge upon the Consolidated Revenue Fund or any other public fund of the Region;
The payment, issue or withdrawal from the Consolidated Revenue Fund or any other public fund of the Region of any moneys not charged thereon or any alteration in the amount of such a payment, issue or withdrawal; or

The composition or remission of any debt due to the Region; (b) proceed upon any amendment to any bill that, in the opinion of the person presiding, makes provision for any of those purposes; (c) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding would be to make provision for any of those purposes; or (d) receive any petition that, the opinion of the person presiding, requests that provision be made for any of those purposes. (2) Except upon the recommendation of the Governor signified by not a Minister of the Government of the Region, the House of Assembly shall not——

Proceed upon any bill (including an amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes—- (i) the imposition of taxation or the alteration of taxation otherwise than by reduction; (ii) the imposition of any charge upon the Consolidated Revenue Fund or any other public fund of the Region or the alteration of any such charge otherwise than by reduction (iii) the payment, issue or withdrawal from the Consolidated Revenue Fund or any other public fund of the Region of any moneys not charged thereon or any increase in the amount of such a payment, issue or withdrawal; or (iv) the composition or remission of any debt due to the Region;
proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding would be to make provision for any of those purposes; or (c) receive any petition that in the opinion of the person presiding requests that provision be made for any of those purposes.”
All the four regions had House of Chiefs till 1966.

From 1966 till 1975, the military were in power and there was no attempt to make a new Constitution. In 1975, the then head of State, General Murtala Muhammed constituted a 50-member committee on Constitution Drafting. It was headed by Chief Alade Rotimi Williams, SAN, the former Minister of Justice and Attorney-General in Western Region. He was also former President of Nigeria Bar Association. The Secretary of the committee was Alhaji Gidado Idris, Permanent Secretary Ministry of Agriculture Kaduna State. He was assisted Mr R.C.O. Nwokedi, Mrs O.O. Onajide, Mr A. Obilade and Dr O.A. Obozuwa.

Others were Mr E. Omofuma, Mr O. Ogunade, Mr J.O. Oyefeso, Mrs A.T. Kole, Mrs M.M. Wuraola, Mr. J.E. Ikebude, Mr. J.E. Ikebude, Mr R.O. Akpabio, Mrs J.O. Adeyem-Wilson, Mrs V.O. Odunuga, Mrs M.M. Albert, Mrs P.C. Adiele, Mr. A.O. Iyiola, Mr E.O. Ajiboye, Mrs J.T. Okechukwu, Mr. E.I. Ojogwu, Miss A.E. Anwana, Mr.J.A. Adesanwo, Mr. Ben Enahoro, Mr N. Oeekan and Mr. P. Nwajei.

The Rotimi Williams committee then established seven sub committees. The subcommittee on the executive and legislature was headed by Alhaji F.G. Rasaq. Other members were Dr. E. Eleazu, Alhaji Sule Gaya, Dr I. Ahmed, Dr Kole Abayomi, Mr F. Okunnu, Dr G.A. Odenigwe, Mr. S.G. Ikoku, Alhaji Shehu Malami and Dr.K.O. Mbadiwe.

Section 2 of the recommendations of the subcommittee states that “experience has shown that in periods of crisis in this country, the one stable element is traditional authority. The persons who represent this traditional authority can play a moderating role when the inevitable instability inherent in a dynamic situation threatens to destroy the corporate existence of the Nation State. We have therefore felt it necessary that this moderating influence be introduced at the highest level. It is our hope that the National Legislature should attain such stature in the minds of Nigerians as to provide an image of solidity and permanence that can serve as a rudder to our ship of State.”

They stated further in Section 2.8 that “The Governor shall consult the State Council of Chiefs as a body in the exercise of his powers in relation to the following matters:

To be continued tomorrow.

Teniola, a former director at the Presidency wrote from Lagos.