(A102–A103) of the
Traditional Rulers and Chiefs Edict, 1979.
A102
42. A member of the Council shall hold office under the Council only for as long as he holds the office by reference to which he is appointed as a member of the Council under subsection (2) of section 40 of this Edict and shall, accordingly, vacate his seat in the Council if—
(a) he ceases to hold the office by reference to which he is appointed a member of the Council;
(b) he ceases to be a traditional ruler; or
(c) he resigns his seat at any time by notice in writing addressed to the appropriate authority.
Functions of the Council
43. (1) Before exercising any powers vested in it under sections 28 and 31 of this Edict (which sections relate to the power of the Executive Council to withdraw the approval of appointment, the suspension, deposition and banishment of a traditional ruler) the Executive Council shall consult the Council;
Provided that the Executive Council shall not be obliged to consult the Council with respect to the delegation of any such power to a prescribed authority or the exercise by a prescribed authority of any power so delegated.
(2) The appropriate authority may (either generally or specifically and in whatever manner he thinks fit) refer to the Council for their advice—
(a) any matter relating to the exercise or discharge of any power or duty conferred or imposed by any enactment upon the Executive Council or the appropriate authority under this Edict;
(b) any matter that appears to the appropriate authority to raise a question of public policy concerning traditional rulers, or any class of chiefs in the State.
(3) The Council may advise the appropriate authority or the Government through the appropriate authority on any matter of public importance in the State.
Procedure of the Council
44. (1) The Council shall meet at such times and such places as the president or, in his absence, the vice-president, may appoint.
(2) The Council may act notwithstanding a vacancy amongst its members.
(3) Subject to the provisions of this Edict the Council may regulate its own procedure and may, subject to the approval of the appropriate authority, make standing orders for the purpose.
PART VII — TRADITIONAL COUNCILS
45. (1) The Military Administrator may by order establish for any one or more local government areas, a traditional council and until the Executive Council otherwise determines, there shall be established for the various local government councils in the State, the traditional councils specified in the Third Schedule to this Edict.
A103
(2) A traditional council established under this section shall consist of—
(a) the president who shall be a traditional ruler in the local government area;
(b) all the other traditional rulers in the local government area where applicable;
(c) other traditional chiefs whose titles are associated with the local government area or areas as the case may be, as the Executive Council may appoint; and
(d) the chairman of the local government council or where there are two or more local government councils, the chairmen of all the local government councils in that area.
(3) Every order made under this section shall be published in the State Gazette and shall have effect upon such publication or from the date named therein.
(4) Every order establishing a council under this section shall—
(a) specify the name and description of the Council and the date on which it shall be established;
(b) describe the device of the seal of the Council;
(c) provide for the composition of the council;
(d) contain such provisions for other matters as are required by this Edict to be prescribed therein.
Traditional councils may be bodies corporate
46. (1) Where the order so provides, a council set up under this Part shall be a body corporate by the name designated in the order and shall have perpetual succession and a common seal and power to hold land and to sue and be sued in its corporate name.
(2) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal, may be entered into or executed on behalf of a council by any person generally or specially authorised by the council for that purpose.
Functions of a traditional council
47. The functions of a council established under this Part shall be—
(a) to formulate general proposals by way of advice to the local government or to all local governments in its area;
(b) where applicable, to harmonise the activities of such local governments through discussion of problems affecting them generally and by giving advice and guidance thereon to such local governments;
(c) where applicable, to co-ordinate development plans of such local governments by joint discussion and advice;
(d) where requested by the Military Administrator or, as the case may require, by one or all the local governments in its area, to assist in the assessment of rates in consultation with such local government or local governments in the area and their subsequent collection;
(e) to give support for arts and culture;
(f) to assist in the maintenance of law and order;
(g) to advise on any matter referred to it by the State or Federal Government.
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