Okonkwo Samuel
AIF Media
The suspension of the 12 traditional rulers from Anambra state who accompanied Prince Engr Arthur Eze to meet with President Buhari to thank him for the upgrading of infrastructure in southeast such as the 2nd Niger bridge, Enugu International Airport etc, is illegal.
AIF Media investigation shows that gov Obiano did not follow due process in suspending the Igwes. In our painstaking investigation, AIF Media gathered that for the governor to suspend or withdraw the certificate of recognition issued to any traditional ruler in the state, he must seek the approval from the state House of Assembly.
According to the Anambra State Traditional Rulers Law passed and gazzetted by the state assembly in 2007, section 10, subsection (1) of the law states thus:
“Notwithstanding anything contained in this law, the governor shall with the approval of 2/3 majority of the House of Assembly withdraw the recognition of a recognised traditional ruler if the governor is satisified that such suspension or withdrawal is:
(a) necessary having regards to the code of conduct required by the customary law existing between the traditional ruler and the town or community which he represents; or
(b) necessary in the interest of peace, order and good governance.
Sequel to the above, gov Obiano erred by suspending the 12 monarchs unilaterally without the approval by 2/3 majority of members of the House of Assembly.
And without the approval of the 2/3 majority of the state assembly, the suspension can not hold. The 12 Igwes are deemed not to have been suspended because the due process as provided for in the Traditional Rulers Law 2007 was not followed.
Again, the Law in section 9 subsection 2 states that any traditional ruler who was suspended or his certificate withdrawn that such traditional ruler has only a month from the date of his suspension to surrender the certificate to the secretary of his local govt area.
But in the case of the 12 Igwes, they have not returned their certificates of recognition to their local govt areas because their purported suspension was illegal. And without the return of the certificate of recognition, they remain in their throne, that’s what the law says.
From our investigation, there are plans to amend the traditional rulers law to include clauses that will legalise the action of the governor. But it is late. The law if amended now can not take effect from the date the 12 traditional rulers were suspended but the date the law was amended and passed.
This revelation has become a problem to Agu Awka in effecting the suspension of the 12 monarchs. Instead of the governor to follow due process and seek approval from the state assembly, he went to Obi of Onitsha who convened a meeting and advised the governor to suspend the monarchs that travelled to Abuja. This action AIF Media learned angered the House Members.
Because the governor neglected the state assembly in rushing to suspend the Igwes, he is finding it difficult to return to the house and follow process. The governor needs 2/3 majority of the house to legitimize his action.
Until that is done – The 12 Igwes are not suspended in the eyes of the law.
Until that is done – The 12 traditional rulers remain.
Below is the section of the Traditional Rulers Law 2007.
