By Law Mefor
I wrote a piece highlighting the constitutional order that was being challenged in Anambra state when the Obi of Onitsha, Igwe Nnaemeka Alfred Achebe, decided to call out Governor Chukwuma Soludo in the media.
The much-respected royal father made a very poor
decision with that one. It was an unprovoked fight with all gloves off. I
feared that Soludo, who is the executive governor of Anambra state and a
sub-sovereign in Nigeria, would use his maximum powers.
Under a presidential democracy,
in which there are only three arms of government, the law is very clear on the
powers of the Governor and the consequences of insubordination to his office,
including the chairman of the traditional council who is also an appointee. The
chairmanship of a traditional council is an appointive office and an appointee
calling out his appointor publicly is more like the tail wagging the dog.
Rather than provoke a public uproar against the appointing authority,
appointees take the path of honour by resigning.
The establishment of the
Anambra state council of traditional rulers by the previous administration of
Anambra state—which Soludo inherited and upheld—was merely a gesture of
deference, administrative convenience, and a valiant attempt to preserve the traditional
institution—even though the constitution gave the traditional rulers no role.
Olusegun Obasanjo as military head of state reformed local government in 1976,
leaving the governor of the state with discretion over the role of traditional
institutions in government.
As said, Nigeria’s traditional
rulers are not assigned a specific role in the constitution. Thus, Soludo did
not invalidate the legitimate position of the traditional leaders of the state
of Anambra by suspending some that violated both laws and codes of conduct for
traditional rulers in the state. He has shown great generosity, which is
demonstrated by his proposed new council, which grants automatic membership to
any recognised traditional ruler in the state contrary to what was obtained in
the past.
Within a tripartite system of
governance, the governor of the state, functioning as the Chief Executive,
Chief Accounting, and Chief Security Officer, bestows authority upon the
traditional institutions to the extent he wishes. Therefore, Obi of Onitsha
serves as an officer under the Governor, who serves as the state’s chief
executive officer, in the same manner as other officers.
The president of the nation or
the executive governor of the state represents “the State” as the sovereign in
both theory and reality. The position that Soludo currently holds as governor
of the state of Anambra is what matters, not the person. It is necessary to
distinguish between the two to comprehend how and why Igwe Achebe crossed the
line though Soludo continues to pursue the path of peace and conciliation
despite the affront.
The Traditional Rulers should
not use the suspension of some of them as a justification to neglect their
responsibilities; rather, they should be prepared to work in tandem with the
government in all its endeavors to turn Anambra into a livable and prosperous
homeland. The governor’s Public Private Community Partnership (PPCP) programme
is a key tool in his administration for the rapid development of Anambra State.
As stakeholders, the traditional rulers should assist the governor in making
the most of this programme of implementing strategic development in each town
within the state.
Because it was wrongfully
constituted in violation of section 2 (F) of the Anambra State Traditional
Rulers (Amendment) Law, 2020, the body hitherto functioning as the Anambra
State Traditional Rulers Council as constituted was, in fact, unknown to the
law and populated by only a select few.
The fact is: that the group is
not the Traditional Rulers Council as defined by the statute that established
it. Because of this, the body as it existed at the time was unable to act
lawfully or make any decisions that would have been deemed valid in the context
of the applicable legal provisions.
The governor desires that all
traditional rulers in the state, not a select few, join the Anambra Traditional
Rulers Council and that the term limit be lifted to rid the state of this
illegality. The Governor will formally establish the council following the
relevant law’s amendment, enabling it to operate legally.
Some have said that the
governor has quietly and politely removed Igwe Nnaemeka Alfred Achebe as the
chairman of the ANSTRC by dissolving the illegal council and moving to
establish the legally constituted and fully expanded body. This begs the
question, “What if Obi of Onitsha is removed by the governor?” Obi of Onitsha
has been chairman of the Anambra Traditional Council of Traditional Rulers
since when Peter Obi was governor about 20 years ago. This is anathema in a democratic
dispensation.
In Anambra state, the Obi of
Onitsha is not the oldest Igwe in office if Igwe Nnewi’s age and the duration
of his reign—more than 60 years—are taken into account. In a democracy, what is
normal is the chairmanship of the Council rotates among the three senatorial
districts in the state and is strongly advised.
Soludo has the authority to
decide what to do as governor of the state, including whether to create a duly
constituted traditional rulers council now or later as he promised. What’s
more, the Obi might return or might not as the head of the new council that
will be put in place.
It is important to note
deposing the Obi of Onitsha from his throne is within the governor’s authority.
It is within Soludo’s executive powers, and there is precedent, even though he
is not likely to take such extreme action as Governor Jim Nwobodo did by
deposing Igwe John Umenyiora as Igwe of Ogbunike. The Anambra State Governor,
who appoints the chairman of ASCTR, equally has the authority to remove the
chairman for any reason and even for no reason at all. This is because the
position is political. In 1981, for instance, Governor Nwobodo removed the
Onitsha Igwe Obi Ofala Okagbue as chairman of the traditional council and
replaced him with Igwe Osita Agwuna. Later, Igwe Emeka Nnaji, Nze 1 of
Amagunze, took Igwe Agwuna’s place when Nwobodo was governor.
Those getting emotional about
it should know that a significant amount of the Traditional Rulers’ or
institutions’ significance vanished with the rise of Constitutional
authorities. The fact that elected Town Union Executives exist in the South
East further diminishes their significance and subordinates the traditional institutions
to civil authorities.
For example, the supremacy of
civil authority was demonstrated when the Sokoto Sultan, Alhaji Ibrahim Dasuki,
was exiled to Kaduna State after being dethroned by the military governor of
Sokoto State. Sir Adesoji Aderemi, the Ooni of Ife, and Sir Olateru Olagbegi,
the Oba of Owo, were also dethroned by Chief Obafemi Awolowo, then Premier of
Western Nigeria.
Similarly, Emirs Sanusi Sr. and
Sanusi Lamido Sanusi were deposed and exiled—the latter in the current
dispensation. While it is not prayed that Soludo should dethrone the Obi of
Onitsha due to any intransigence, it is important to note that the Obi of
Onitsha does not hold a permanent position as Chairman of the ASCTR and must
not preside over the proposed new body when it is established by the proposed
amendment. It isn’t his inheritance. If he returns as chairman, it is purely
out of the magnanimity and at the pleasure of the same Governor Chukwuma Soludo
whom he has subjected to public ridicule.
·Dr.
Law Mefor, an Abuja-based forensic and social psychologist, is a fellow of The
Abuja School of Social and Political Thoughts; [email protected]; Twitter:
@Drlawsonmefor.
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