Assessing the Relevance of Traditional Rulers (2)

The government decision led to a protest led by non-Itsekiri groups within Warri Division who feared the title could lead the Olu to lay claim as paramount authority within Warri Division. The title had always been “the Olu of Warri before it was changed to Olu of Itsekiri in 1936 to pacify the Itsekiri neighbours who had always feared Itsekiri domination by their very influential king. But the Itsekiri had used every civilised forum to protest this anomaly until 1952, when the title was reverted to its original status of Olu of Warri. As Olu of Warri, he was appointed regional Minister without portfolio and president of the Warri Divisional Traditional Council.

Following an unhealthy rivalry between prominent Itsekiri leaders in the Action Group and the NCNC in which led to the creation of a Mid-West region, Erejuwa, who was perceived to have backed the Action Group, was deposed by the NCNC-led regional government in 1964 and deported to Ogbesse. He was re-appointed in 1966 by the new military government of David Ejoor after some of the prominent Itsekiri leaders in the NCNC had been taken out by the emerging military government.

On September 26, this year, President Bola Ahmed Tinubu, GCFR, attended the coronation of the Olubadan of Ibadan, Oba Rashidi Adewolu Akanmu Ladoja, ARUSA I. The governor of Oyo state, Seyi Makinde, gave the Oba the staff of Office. Laudable words were uttered by both the President and the governor on the preservation of the institution of traditional rulers in the country. They are mere words. Traditional rulers have no role in our present-day democracy. Let any of them cross the red line, and he will be reminded instantly that he is under a director in the state’s Ministry of Local Government and Chieftaincy Affairs, and he will be queried accordingly. That is the sad aspect of our constitution.

An example was when the Central government took action on the Ooni of Ife, Oba Okunade Sijuwade (1 January 1930 – 28 July 2015) and the Emir of Kano, Alhaji Ado Bayero (25 July 1930- 6 June 2014) in 1984. They were restricted to their domain and had their international passports seized by the military government of General Muhammadu Buhari. 

This action was taken after the Ooni and the Emir of Kano, Alhaji Ado Bayero, made an unauthorised trip to Israel in 1984, which was against the policy of the military government at the time. They were essentially placed under a travel ban and confined to their respective local government areas for a period of six months as a form of government sanction.

The Deji of Akure, Oba Oluwadamilare Adesina was removed by the then Ondo state governor, Olusegun Rahman Mimiko, for allegedly smacking his wife, Eze of Akaeze. Joseph Okor was dethroned in 2022 by the Ebonyi State Government for drunkenness. Onojie of Uromi, Anslem Aidenojie, was suspended and later dethroned in Edo State for abusing a woman and showing disrespect to constituted authorities. Baabe Kingdom Chief, Monday Frank Noryea, was removed by the Rivers State Governor for alleged cult-related activities, etc.

While in other countries of the world, the culture of the people is being sustained by the role of their traditional rulers, ours has been completely deleted. They are getting numerous with no schedule.

The 1999 Constitution has no role for traditional rulers in the country. This contradicts the 1979 Constitution, which provided a little role for traditional rulers. Section 140 of the 1979 Constitution 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; (g) all the Governors of the States of the Federation; (h) 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 State from among themselves.

The legal Drafting Team of THE CONSTITUENT ASSEMBLY between 1978 and 1979 was coordinated by a friend whom I have the greatest respect for, Justice John Hezekiah Omololu Thomas (1925- January 2, 2018). An autographed 1979 Constitution by Justice Thomas is still with me till today.

In the recommendation of THE CONSTITUENT DRAFTING committee of 1975. The President shall consult the Council of States as a body in the exercise of his powers in relation to the National population census and Registry, Prerogative of Mercy, Award of National honours, Electoral Commission and such other matters as the President may wish to consult the Council. The members of the Council of States are

(1)The President as the Chairman (2)the Vice-President as the Deputy Chairman; (3) former President who did leave office for reasons of dishonesty or Senate impeachment and who for the time being do not suffer any of the disqualifications prescribed for a Senator; (4) former Chief Justice of the Federation who did not leave office for reason of dishonesty and who is not otherwise disqualified if he were a Senator; (5) President of the Senate; (6) Speaker of the House of Representatives; (7) State Governors (8) Attorney-General of the Federation (9) former most senior Grand Khadi ; (10) six other persons appointed by the President, and (11) one traditional ruler from each state, to be appointed by the State Council of Chiefs from among themselves. Persons who are members of the Council by virtue of their former office shall hold office for life unless they are otherwise disqualified.

While the 1979 Constitution gave a little role to the traditional rulers, the 1963 Constitution gave free role to them. Section 41 of the 1963 Constitution states that (41) 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—- 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; 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 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 be prescribed by Parliament. (3)

A joint sitting of the legislative houses of a Region may regulate its own procedure for 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 provisions of section 45 of the 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; (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.

In the past, traditional rulers served in the government as legislators or as Commissioners or even as Governors. A case in point was that of the Ooni of Ife, Sir Adesoji Aderemi (15 November 1889 – 3 July 1980), who was the only traditional appointed governor.

Oba Titus Martins Adesoji Tadeniawo Aderemi (Atobatele I), (15 November 1889 – 3 July 1980), was the Ooni of Ife  from 1930 until 1980. He served as the governor of the Western Region, Nigeria , between 1960 and 1962.

Sir Adesoji Aderemi was known as a wealthy man and had a large family of many wives and children. One of his children was Princess Tejumade Alakija (17 May 1925 – August 2013), who later became the head of the Service of Oyo state.

During the colonial era, the Ooni gained a considerable amount of power due to the colonial policy of indirect rule and being labelled a first-class Oba among traditional rulers in Yorubaland. The policy of indirect rule was used to ensure native awareness and consultations about colonial policies affecting the regions. The British leaned on existing native political structures and hierarchy, particularly the Nigerian traditional rulers, for political consultation and tax collection.

Later on, the Ooni, with the consent of the leading Yoruba political leaders, used his position to close the gaps of exploitation of divisional differences among Yorubas and tried fervently to rally the Yoruba towards a common goal. In 1962, the king, acting as governor, used his power to remove the premier of the region, sensing the premier did not have the support of the majority members of the House of Assembly. The event escalated the political rivalries in the region.

As we contemplate on our never-ending attempt to amend the Constitution, the nagging question is whether or not to give the traditional rulers any role at all. No doubt, the 1999 Constitution has deleted any role for them. Should we continue to allow them to remain idle in their palaces, occasionally attending social events or give them some roles?
Definitely they represent a part of our past.

Many of them are highly educated and wealthy, but because of constitutional limitations, they are idle and suffering in silence. Worse still, the greedy and selfish politicians we have don’t want to share power with them. So they are not likely to amend the constitution to give them certain schedules.

What should we do with them? Should we continue to pretend that they are still relevant?

ERIC TENIOLA, A FORMER DIRECTOR AT THE PRESIDENCY, WROTE FROM LAGOS.