We Need a House of Chiefs in Our Constitution

Now that we are about to set up State Police in our Constitution, the next step should be to include a House of Chiefs in the Constitution too. This is a desire. But I fear this desire may not happen. With the current politicians we have, I do not see this happening. They would not want any competition for power from the future House of Chiefs. Instead, they would prefer to give the traditional rulers gifts or collect titles from them or use them for state events.

Also, the traditional rulers themselves seem fine with what they have now. They enjoy low-profile responsibilities without any constitutional duties. They are not pushing hard enough for constitutional roles and act as if they cannot change anything.

If not for fear and the need for it, the State Police would not be a reality. Still, the idea of the House of Chiefs is not new in our political history. If we want it, we can bring it back to life.

After the London Constitutional Conference of 1957, people noted with approval that the Northern Region's government wanted more representation in the Northern House of Chiefs. They agreed that all members should be first-class chiefs and include 95 other chiefs, an adviser on Muslim Law, and members of the Executive Council of the Northern Region who were part of the Northern House of Assembly.

The conference also agreed that the Western Region's House of Chiefs should increase its membership to 124. They decided that the Governor-in-Council should have the power to recognize and grade chiefs for the Constitution. Additionally, the House of Chiefs should have delaying powers like the House of Lords in the UK.

The conference noted that the Western Region government planned for the Governor-in-Council, after talking with the President of the Western House of Chiefs, to create a Council of Chiefs. This council would advise the government on discipline for chiefs and other matters referred to them by the responsible Minister.

The Western Regional government was considering how to govern the selection of chiefs and name certain head chiefs as permanent members of the House of Chiefs. They agreed that the rules for selecting members of the Western House of Chiefs should eventually be part of the Constitution. They also noted that the government and opposition in the Eastern Region had found a way to classify chiefs, allowing for a House of Chiefs to be set up.

The conference suggested that the House of Chiefs in Southern Cameroons should remain an advisory body for now. Its members should be appointed by the Commissioner of the Cameroons at his discretion. They planned to review this arrangement between the Secretary of State and the Southern Cameroons Government by the end of 1959.

Attendees of the conference included Sir James Robertson, the Governor General; Sir John Rankie, Governor of the Western Region; Sir Robert Stapledon, Governor of the Eastern Region; and Sir Gawain Bell, Governor of the Northern Region. Other notable figures included Chief Obafemi Awolowo, Premier of the Western Region; Dr Nnamdi Azikiwe, Premier of the Eastern Region; and Alhaji Abubakar Tafawa Balewa, Prime Minister of the Federation.

As a result of the London agreement, parts of the Constitution regarding the House of Chiefs were included in the 1963 Constitution. Section 41 of the 1963 Constitution states that there shall be a Parliament of the Federation, consisting of the President, a Senate, and a House of Representatives.

Section 42 outlines how the Senate will be made up of twelve Senators representing each region, selected at a joint sitting of the legislative houses from those nominated by the Governor. It also includes Senators representing the Federal territory and others selected by the President.

Section 43 states that the House of Representatives will consist of three hundred and twelve members. Section 44 specifies who can be selected as a Senator or elected as a member of the House of Representatives.

Section 4 of the 1963 Western Region Constitution states that there shall be a legislature for the region, which includes the Governor, a House of Chiefs, and a House of Assembly. The House of Chiefs will consist of various members, including ex officio members.

Section 26 of the Constitution of Mid-Western Nigeria Act 1964 lays out restrictions on what the House of Chiefs can act on. It cannot proceed on certain bills or amendments without specific conditions.

All four regions had House of Chiefs until 1966. From 1966 to 1975, the military ruled without making a new Constitution. In 1975, General Murtala Muhammed set up a 50-member committee on Constitution Drafting, led by Chief Alade Rotimi Williams. The committee established seven subcommittees.

The recommendations of the subcommittee emphasize that traditional authority can help stabilize the country during crises. They believed that this moderating influence should be at the highest level of government. They hoped the National Legislature would become a solid and permanent image for Nigerians.

In their report, they suggested that the Governor should consult the State Council of Chiefs on matters like public order and cultural affairs. They also recommended that the council elect one Senator to represent the State in the Senate.