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

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

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).

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.

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 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 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 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;

(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

(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—

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

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

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