Ogun frontline traditional ruler, oba olufemi ogunleye writes amosun on constitution amendment
Senator Ibikunle Amosun, FCA, CON,
Senator Representing Ogun Central Senatorial District, National Assembly Complex, Abuja
My dear Distinguished Senator Amosun,
CONSTITUTION AMENDMENT MEMBERSHIP
I read in one of the social media about your appointment as a Senatorial member of a Constitution Amendment Committee in the National Assembly and I hasten to congratulate you and wish you good luck in the arduous task, taking into consideration the disposition of your larger constituency [South West] towards demand for a change in the governance paradigm in Nigeria.
I take for granted, and rightly too, that as a pronounced progressive, whose eight years outings as the governor and political leader in Ogun State have epitomized progressive land marks in the architecture of the state’s socioeconomic development, I believe you will share in the aspiration of the people you are representing to get out of the contraption of a Nigeria that has failed as a federated state of erstwhile independent and distinct peoples, forced to be together by the British colonialists.
While it is still debatable whether what we need is an amendment to the Constitution flaunted on the populace by the Military or we should denovo process a proper peoples oriented constitution for a democratic governance of Nigeria, I feel strongly about the deficiency of the current 1999 Constitution of the Federal Republic of Nigeria to subscribe to incorporating into it specific roles for traditional rulers.
It is not a gain say that the traditional rulers in our clime have from time immemorial been and still remain the custodians of customs, culture and ethos of the people. That the British knew and understood their potentials as grassroots mobilisers was epitomised in the indirect rule paradigm in which the traditional rulers were pivots of revenue drive and tax collectors for the government. But the subsequent government of independent Nigeria leveraged on the British foundation to relegate the traditional rulers by refusing to appropriate specific roles to them in the governance of their domains, rather they are subjected to the whims and caprices of political leaders who, while seeking elections, would court their favours, but de-anchor their ships in the midst of the sea, after the elections.
Critics of the demand for specific roles for traditional rulers often say (1) the traditional institution is mainly an autocratic one that cannot be accommodated under democratic dispensation and that because it is bound by tradition, it might not be an effective tool to promote modernity. (2) Some even argue that with the provision of Section 14 (2)(a) of the 1999 Constitution of the Federal Republic of Nigeria which says, inter alia, that “sovereignty belongs to the people of Nigeria from whom government through this constitution derives all its powers and authority” and as such, has no place to accommodate roles for monarchs in the country’s Republican constitution.
May I submit, however, that by the theory of mixed government postulated by the Greek historian, Polybius, in the second century, the Roman Republic combined monarchy, aristocracy and democracy and it has survived into modern times. It is further argued today that this combination of governance dynamics make it impracticable to degenerate to either anarchy or oligarchy and tyranny. Mixed government concept, therefore, became popular in the course of ancient Roman constitution and makes it workable in Nigeria like any other African Democratic setting.
Secondly, the Historical and Anthropological Theory advocates that law must be in tandem with the history, culture, tradition and ethos of the people whose lives the law seeks to regulate. This theory aligns with the pontification of a German philosopher, Joan Gottfried Herder and duly amplified by Fredrick Karl von Savigny that customs and juristic activities must be cautiously superimposed upon the law in order to ensure continuous action of the common spirit of the people.
Suffice it to say, therefore, that Nigeria’s Republican Constitution has proved right the fear of Savigny that if the laws are allowed to override the common spirit of the people, the tradition and culture of the people would be submerged. Isn’t this now when the traditional ruler, must by law, be subservient to his subjects in political leadership? Notwithstanding that Nigeria has multifarious tribes, ethnics, culture and traditions, Nigerians’ common factors remain respect and obeisance to their traditional rulers. No law in whatever form can take this away from them.
In conclusion, my distinguished Senator, I will recommend that your proposal for amendment or writing a new constitution for Nigeria should incorporate specific roles for traditional rulers such as:
(1) Establishment of National Council of Traditional Rulers that shall consist consist of five monarchs from each geographical zone of Nigeria. Functions of such a council will include: To advise the Federal Government on: (a) Security, (b) National Unity and cohesion of strategies., (c) Priority needs of their subjects for government attention, etc (2) .Establishment of State Council of Traditional Rulers that shall consist of Paramount Rulers in the state and five other members that would be elected by the traditional council of each division of the state. Functions: Same as (1) (a, b, c above) (3) Monarchs should be constitutionally recognized as the Chief Security Officers of their domains and in this regard, should oversee a security mechanism that will be complimentary to the Police and other security agencies. (4) Monarchs should be actively involved in developing and operating practical models that will compliment the revenue collection efforts of government.
Please accept my best wishes and assurances that I will be available for any further contributions that may support the success of your noble national assignment.
Oba (Barr) Olufemi Adewunmi Ogunleye
(SJN), LLB, LLM, BL, AICMC, FNIPR
Lapeleke Dynasty, Delesolu I, Towulade of Akinale, Owu Kingdom
