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2027: Constitutional Rights Override Chieftaincy Expectation – Expert

Waheed Adebayo by Waheed Adebayo
2 months ago
in News
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Amid growing concerns over alleged administrative and customary attempts to restrict the political ambitions of certain high-ranking chiefs in Oyo State, a constitutional lawyer, Adebisi Adeyemo, has stated that no Nigerian citizen can be barred from participating in elective politics based on chieftaincy expectations or eligibility for a traditional stool.

Adeyemo described such attempts as unconstitutional, stressing that the 1999 Constitution remains the supreme legal authority on matters of political participation.

Citing Section 1 of the Constitution, the legal expert emphasised that the Constitution overrides all other authorities and persons, rendering any action inconsistent with its provisions null and void.

The affected high-ranking chiefs in Oyo State include High Chief Akeem Bolaji Adewoyin, High Chief Sarafadeen Abiodun Ali, and High Chief Kola Babalola.

 

He further referenced Sections 65 and 106, which guarantee the rights of qualified citizens to contest elective offices, noting that Sections 66 and 107 clearly outline the only grounds for disqualification, none of which include chieftaincy status or expectations.

 

“Any attempt to introduce additional disqualification criteria outside the Constitution is legally untenable,” Adeyemo stated.

 

He also addressed the role of the Ministry of Local Government and Chieftaincy Matters, asserting that the ministry lacks the constitutional authority to restrict political rights or enforce customary expectations as binding legal obligations.

 

According to him, any such interference would be considered ultra vires, constitutionally invalid, and subject to judicial review.

 

Drawing a critical legal distinction, the lawyer explained that eligibility for a traditional stool did not equate to a legal obligation.

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“Individuals who are merely eligible or nominated for a throne retain full political rights. Only those who have been formally installed as traditional rulers may be subject to expectations of political neutrality,” he clarified.

 

Adeyemo reinforced his argument with historical examples demonstrating the coexistence of traditional status and political participation.

 

He first cited Oba Adesoji Aderemi, the Ooni of Ife, who served as the governor of the Western Region from 1960 to 1962 while maintaining his traditional position clearly illustrating that traditional authority does not conflict with political engagement.

 

He also referenced Moshood Kashimawo Olawale Abiola, widely known as M.K.O. Abiola, who held multiple chieftaincy titles yet contested and is widely regarded as having won the 1993 presidential election.

 

Similarly, Nnamdi Azikiwe, who held several traditional titles, rose to become Nigeria’s first president without any constitutional impediment.

 

 

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Waheed Adebayo

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