As events unfold in Finima Community in Bonny Local Government Area of Rivers State where a chieftaincy house in Bonny Kingdom now has two installed chiefs, legal experts and opinion leaders are interrogating the issues at play, particularly, the planks upon which each chief was installed.
His Royal Highness, Aseme Alabo Dagogo Lambert Brown was installed on Wednesday, January 12, 2022, in Finima, Bonny LGA, as the Chief and Head of the Buoye Omuso (Brown) Major House of Bonny Kingdom and Amadabo of Finima, Kongo XVII, by the Council of Wari-Alapu (family unit heads) of the House.
In a dramatic twist, however, Se-Alabo Evans Clement Buoye Brown was installed on Friday, January 21, 2022, at the Captain Hart House Opuwari (community hall) in Bonny as the Chief and Head of the Brown (Buoye Omuso) Chieftaincy House, Omuso IX, by the Chief and Head of Captain Hart House, Se-Alabo Reginald Fiene Peter Abbey-Hart, MON, JP, Captain Hart XIII.
The Council of Wari-Alapu of the Buoye Omuso (Brown) Major House predicated its decision to proclaim and install Dagogo Lambert Brown as its chief on the provisions of the constitution of the House.
On the other hand, while presenting Se-Alabo Evans Clement Buoye Brown to the Amanyanabo of Bonny Kingdom, His Majesty, King Dr Edward Asimini William Dappa Pepple III, CON, JP, Perekule XI, at the King Perekule Palace, Bonny for induction into the Bonny Chiefs Council (BCC), Chief Captain Hart said the installation of Evans Brown was in adherence to the agelong convention of Bonny Kingdom wherein the Captain Hart House caps and presents the Chief of Brown House to the Amanyanabo of Bonny Kingdom.
He traced the said convention to the founding of the chieftaincy house, informing that Omuso, the first Chief of Brown House was capped by Captain Hart, the first Chief of Hart House and presented to the King of Bonny, who ordered that he send able men from his House to escort the young Omuso to Finima to protect him, asserting that this has been the convention.
But this position was countered by a former member of the House of Representatives, Randolph Brown, who told Kristina Reports that no such thing has ever happened in Brown House. His assertion was corroborated by the immediate past Chairman of the Brown House Asawo, Tamunotonye Brown, who declared that the “Brown House has always capped its own chiefs”.
In the wake of the confusion that ensued sequel to the two installations, Kristina Reports embarked on an intellectual interrogation of the developments in Finima, Bonny LGA to get clarity on the issues at stake.
Our team of investigative reporters spoke with diverse authorities on the issue, seeking, in particular, clarification on whether the constitution of a chieftaincy house supersedes the convention of a kingdom to which, the former is a part of.
Ikwerre Chief – Kingdom Can Repeal Component Constitution If…
The Eze Ihwe Ohna of Ekinigbo Clan in Apara Kingdom in Obio/Akpor LGA of Rivers State, Chief Alex Wele stated that, in the Ikwerre Traditional Institution, a written constitution by a component part of a traditional kingdom remains effectual to the extent that it does not conflict with the conventions of the larger kingdom to which it belongs, disclosing that should there arise a conflict or the kingdom views such constitution retrogressive to its progress, the kingdom reserves the prerogative to repeal such law.
“If you talk about convention, it is an unwritten law. So, if a component of Apara Kingdom, for instance, makes a law and it is a written law, it is held as a written law. Convention is unwritten, it is more or less an understanding. But Apara Kingdom, as a whole has right to either frown at or repeal such law if it finds it very offensive or if it was done in bad taste and against the progress of the Apara Kingdom. They can look at it and repeal it.”
Elder Statesman – General Rule Takes Precedence Over Unit Rule
Responding to the enquiry, National Publicity Secretary of the Pan Niger Delta Forum (PANDEF) and National Coordinator of the South-South Elders Forum (SSEF), His Royal Highness, Chief Anabs Sara Igbe said the Ijaw Ethnic Nationality has its way of life which inculpates dressing, marriage, and making of chiefs and heads of families, stating that should a smaller unit make a law that conflicts with the general rule, the general rule takes precedence.
“They cannot. A smaller unit can make a law but it cannot override the general law. It (unit law) is fine provided it does not conflict with the general law. To the extent it does not conflict with the general convention of the larger entity it can fly but if it conflicts with any section of the general rule, the general rule takes precedence.”
In circumstances where a convention is unwritten, the elder statesman maintained that “the culture of a people is their way of life. So, where a people have their way of life generally, if you are now living outside that way of life, you become odd. For instance, we have the way we tie our cloth, if you tie your own differently from the normal way, you are odd. The community will call you a different name. they may call a stranger. They may call you somebody who does not comply.”
FCDC Chairman – Constitution Overrides Convention
Offering his opinion on the matter, Chairman of the Finima Capacity Development Committee (FCDC), Owuna Fenibo, a legal practitioner, expressed a contrary view, stating that “the constitution is always superior if the people it applies to accept the content as their guiding rules and regulations. This means that if the constitution conflicts with the convention the constitution prevails. This means the people have decided to discard the convention”.
He hinted that it was necessary to interrogate the origins of conventions and constitutions which appear to conflict in given contexts before contemplating which of them has precedence over the other.
“The question is whether the convention is of general application looking at the historical application? When did the convention start applying? Who set the convention? What brought about the convention? What if the circumstance will not allow the convention to apply at any given time? There are so many other questions and answers that need to be tackled before you come to a conclusion whether or not a house constitution will override a kingdom convention.”
Traditional Ruler – Absence of Ratification Renders Constitution Null and Void
In his own presentation, the Chief and Head of the Fubara Manilla Pepple House of Bonny Kingdom, Se-Alabo Waripanye Valentine Pepple averred that for a constitution made by a component unit to be effective it has to be ratified by the larger entity and not infringe on the rights of those outside its jurisdiction, stressing that where such ratification is absent it renders such constitution that conflicts with the convention ultra vires and of none effect.
“Do you amend your constitution to unilaterally encroach on other stakeholders’ right? Was the new constitution brought to the attention of the ultimate chief receiving authority in the kingdom and endorsed? You can’t just sit in your bedroom, change the law as it relates to others. What happened in Finima is irrational. It is null and void ab initio.”
The lawyer turned traditional ruler stated that “an oppressive, unratified, and illegal constitution cannot trump an agelong, tried and tested kingdom convention. Practices and conventions are subject to change, but due process must be followed. Failure to so do nullifies the act.”
Legal Practitioner – As Long As The Component Is Part Of The Whole, Its Constitution Is Subservient
Another legal practitioner, Miebam Allwell-Brown, Esq. said that the customs and traditions of a people are what forms the conventions adhered to by such people and where a component unit makes a constitution, such a constitution is subservient to the convention of the larger entity to which it belongs.
“The traditional institution is governed by customs and traditions and these customs and traditions have now become conventions in Bonny Kingdom. Traditional matters are purely conventions and conventions take precedence.”
“When placed side by side, the constitution of the Brown House is subservient to the convention of Bonny Kingdom, of which it is a part of. This is because Brown House is in Bonny Kingdom and does not stand on its own and derives their authority from the customs and traditions of the people.”
Solicitor – Constitutions Amendable, Conventions Unamendable, So Superior
Adding his voice to the discourse, a Corporate Consultant and Solicitor of the Supreme Court of Nigeria, Barrister Fubara Longjohn, Esq, pointed out that “convention cannot be amended but the constitution can be amended,” disclosing that “a resolution of the general house can be used to amend the constitution, but conventions are enduring and unwritten yet greater than the constitution”.
“The convention takes precedence over the constitution; again, the constitution (Brown House) is under review and may be quashed or rendered ultra vires by the Court. I think they should have been more patient”.
Lawyer – Only The Court Can Decide
For another legal practitioner, Barrister Joel Ade, it was only a court of law that can determine between a convention and constitution which takes precedence over the other, stressing that it was important to ascertain who has the authority to do what before making hasty conclusions.
It is expected that in the coming days the battle to determine, between Dagogo Lambert Brown and Evans Buoye Brown, who superintends over the affairs of the Brown House would transit to the court rooms where the learned justices will be keenly reviewing various authorities on issues related to the traditional institution to make that critical call.
We cannot just assume what does not exist as convention.
If such convention or tradition had existed, I challenge the proponents of the so called convention to cite proofs of valid documents and pictures from the time of Omuso to the last Chief on the stool – Chief Yibo Buowari Brown.
It is grossly erroneous to adopt what does not exist as conventional.