CONSTITUTIONALISATION OF THE ROLE OF TRADITIONAL RULERS IN NIGERIA: AN APPRAISAL

Abstract

It cannot be overemphasised that traditional rulers are primarily the custodians of the traditions and cultures of their people. They also, play significant role in the settlement of disputes and promotion of national development through effective mobilization of the people in their domain to embark on various development programs for their common good. However, the Constitution of the Federal Republic of Nigeria 1999 (the Constitution) has no provision for the role of traditional rulers. Recently, the traditional rulers feel that the non-inclusion of their position and role in the Constitution diminishes their political significance as partners in progress with the Government. Therefore, the traditional rulers have been clamouring for their position and role to be clearly defined in the Constitution. The protagonists of the constitutionalisation of the role of the traditional rulers at various levels of Government contend that the idea is necessary in order to entrench the position of the traditional rulers as partners with government in the democratisation process. The idea has generated a serious debate as to whether indeed the position of and role of traditional rulers in Nigeria should be such matters that should be included in the Constitution, considering the modern democratic governance system which the country has adopted and is struggling to consolidate. The question is, whether a specific provision defining the constitutional role for the traditional rulers is not inconsistent with the idea of modern constitutional democracy especially, under a federal constitution. The article adopted the doctrinal methodology in analyzing the above question and argued that the status quo which maintains their traditional and apolitical position will rather sustain rather than undermine or diminish their significance. On the other hand, it will be inconsistent with the principles of modern democracy to establish another organ or institution of government with its new challenges but without special value addition to the democratic governance process at the federal level. Thus, relying on the customary law theory, the article concluded that the role of the traditional rulers being traditional in nature and in a country of diverse traditions and customs should be confined to their various domains under the various State laws. It is therefore recommended, that the informal albeit important peace building role of traditional rulers at the National level can be sustained without making it a constitutional matter with its necessary challenges.