By H. E Okolo (Esq)
We all woke up with this rather disturbing news from Anambra state, it’s read as follows:
” The traditional Rulers council of Anambra state resolve in August 11, 2020, that 12 of their members who traveled outside the state recently without consultation/approval from state government be sanctioned. The state government have accepted their recommendation….
The Above caption refers …..
Let me start by saying that the hasty nature of the above recommendation and subsequent suspension of some traditional rulers in Anambra state within 2 days have more political undertone attached to it than checks
Having said that, I will also submit that while every community has the power to choose who will be her King or traditional ruler, the Government on its own solidify such action of the community by giving a certificate of recognition to whoever that is chosen by the community to be her King.
On that note, it’s also important to say that the power to make and unmake any King or traditional ruler in Anambra state is vested only in the community and not Government.
If that is the case, the question begging for answer is, has government the absolute power to suspend or relieve any traditional ruler who has not committed or been convicted of any crime in the course of his duties without express recommendation or consultation from his community?
I believe the above question will be answered in the negative!
I will, therefore, submit that once the community makes a king or installs her traditional ruler, whoever that is installed as the king or the traditional ruler of such community remains the king and performs such function as the king or the traditional ruler till death unless he is convicted of any crime or deposed or dethroned by his community for one reason or the other.
I will also submit that such duty, function or power of such king or the traditional ruler over his subjects takes effect immediately the crown is put on his head as the Igwe of such community and not when he is given a certificate of recognition by the state government.
I will also submit that the governmental function or duty in any process of Ichi Igwe (making of king) of any community is merely supervisory and recognition of the collective actions of the community by issuing certificate of recognition and never to take active participation in such actions. The case of Deji of Akure land is classical example
So in actual sense, the power to make and unmake any King or traditional Ruler rests solely on the community involved with little supervisory efforts from the government. If such is the case, the question is, can government wake up in the morning suspend any traditional ruler?
Having said that, let’s then take a look at the legality of recent suspension of some traditional Rullers in Anambra state by state government for traveling outside the state without consultation or permission from state government
Let me attempt the above subject by saying that ours is Democracy centered on rule of law
Rule of law entails that the government cannot do anything except those things that are permitted by law whereas the individuals can do anything except those things that are prohibited by law
Article 13 of the Universal Declaration of Human Rights reads:
(1) Everyone has the right to freedom of movement and residence within the borders of each State….
(1) Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence
The constitution of Federal Republic of Nigeria under section 41 (1) thereof provides that:
“Every Citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen shall be expelled from Nigeria or refused entry thereto or exit therefrom.” Emphasis mine.
For the government of Anambra state to suspend some traditional rulers for exercising their freedom of movement as guaranteed by the constitution of Federal Republic of Nigeria via sec 41 is not only laughable but outrageous and should be frowned at by right-thinking members of the society
As it stand today in Nigeria, I have not come across any law that says that any traditional ruler must seek and obtain permission or authorization of any government agency before excising his right to freedom of movement. And If there is such a law in existence in Anambra state, then I will submit that such law is unconstitutional for the fact that it’s inconsistent with the provision of sec 41 and 42 of 1999 constitution, and sec 1(3) of the constitution renders such law null and void to the extent of it’s inconsistency with any provision of the constitution
Having said the above, I will dare to submit that traditional rulers in Anambra state are not government or political appointees that can be given, suspended or be terminated at any time at the whims of the executive Governor of the state through any government agency
I will conclude by borrowing the words of Pat’s Acheolonu JSC that:
No sane person in our society having regards to the provision for (freedom of movement) made patently clear in the 1999 constitution would support the nihilistic and obtuse stand of traditional rulers council of Anambra state in recommending for suspension and subsequent actions of Anambra state government in suspending and relief of duties of twelve (12) traditional rulers in the state for one year for sole REASON THAT THEY TRAVELED OUTSIDE THE STATE WITHOUT CONSULTATION OR APPROVAL OF STATE GOVERNMENT
Such cruel circular publication by Anambra state government on 11th of August 2020 is negativistic and abhorrent in our modern society guided by Democracy and rule of law
The traditional rulers involved are advised to promptly challenge such governmental actions in the High court of the state for both declarative and injunctive relief.
H. E Okolo (Esq) Abuja FCT.
