House of chiefs should be the next (2), by Eric Teniola

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This week, we continue the series on why the House of Chiefs should be considered by the National Assembly

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The rest were Mr. H.J.R. Biriye (Rivers); Mr. J.S. Tarka (United Middle Belt Congress); Dr. E.U. Udoma (United National Independence Party); Sir Muhammadu Sanusi, Emir of Kano; Alhaji Usman Nagogo, Emir of Katsina (Chiefs, Northern Region); Sir Adesoji Aderemi, Oni of Ife; Oba Aladesanmi, Ewi of Ado-Ekiti (Western Region); and Chief S.E. Onukogu (Eastern Region).

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As a result of the London agreement, certain portions of the Constitution relating to the establishment of Houses of Chiefs were included in the 1963 Constitution.

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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.

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42.—(1) Without prejudice to the provisions of section 46 of this Constitution, the Senate shall consist of—-

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(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.

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(2) The Senators representing the Federal territory shall be

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(a) the Oba of Lagos, who shall be an ex-officio member of the Senate;

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(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.

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(3) A joint sitting of the legislative houses of a Region may regulate its own procedure for the purposes of this section.

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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.

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44. Subject to the provision of section 45 of this Constitution—

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(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;

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(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 Northern Nigeria, is a male person.

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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.

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5. (1) The House of Chiefs shall consist of—-

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(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;

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(b) eighty-seven Chiefs having such qualifications and selected in such manner as may be prescribed by the Legislature of the Region;

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(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

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(d) if he is not a member of the House of the House of Chiefs apart from this paragraph, the President of the House.

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(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;

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(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.”

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Let me refer specifically to Section 26 of the Constitution of Mid-Western Nigeria Act 1964.

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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—

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(i) The imposition, repeal or alteration of taxation;

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(ii) The imposition of any charge upon the Consolidated Revenue Fund or any other public fund of the Region.

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

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