CHAPTER FIVE

FEDERALISM

a) The concept; of the Nigerian Federal System 

b) Structure of the Nigerian Federal System

c) Relationship of the various units

d) Federal, State, Local and Federal Capital Territory

e) Other Federations (Comparative Study)


(a) THE CONCEPT OF FEDERATION

Federation is a concept referring to an inter-government system of government where views a Federation as a constitutional arrangement which divides lawmaking powers and functions between two levels of government.  Where also asserts that this constitutional system is based on the facts, that, units are ready to relinquish certain powers while at the same time retaining same powers and authorities 

Federation was also defined by Jinaidu (1970) as a form of governmental and institutional structure, deliberately designed by political “architects” to cope with the twin but difficult task of maintaining unity while also preserving diversity.

The concept of federation has been applied to several political arrangement just as Elazar observed that there are several varieties of political arrangements to which the term has properly been applied.  This writer views federation as an attempt by independent parts of a whole.  The key fact in a federation is the concentration of certain levy of power in the centre without affecting the independent of the units.  Countries like U.S., Nigeria, Australia, and Canada are Federal States.

Nations federate for the following reasons:-

These could possibly be the reason while the three regions in Nigeria after obtaining their independence opted for a federation. Using the definition of Robinson (1961) a federation is the most geographically expressive of all political systems.

Federalism represents a constitutional arrangement for the distribution of governmental authority by area, in order to maximize freedom of expression of cultural, social, economic and political attributes.

(b) STRUCTURE OF THE NIGERIAN FEDERAL SYSTEM

The country called Nigeria today was colonized and united by the Britain.  At independence in 1960, several separate independence entities were brought together as a community making Nigeria a multi-ethnic and multi-lingua polity.

Natufe (2005) identified three promises of Nigerian federalism thus 

(1) the equality of the federating units;

(2) the Hausa/Igbo/Yoruba tripodal conspiracy and

(3) the question of minority rights.

For a federal system with the Nigerian history it is actually difficult to have equality of the federating unit little wonder the “tripodal conspiracy” are having an hegemonic edge over the other minorities put together.

The 1963 Republican constitution of Nigerian was described by Natufe (2005) as a true federal constitution that considers the independence of the federating units.  However, he is quoted as stating that ”As Nigerians, we assume we are operating a federal state when in fact we are not.  Nigerian federalism ensures that the central government dictates to the governments of the federating units, thus a key aspect of federalism.  It may not be necessary for each state to have its own constitution, provided the agreed division of powers underlining the independence of each state is written in the federal constitution.  It is obvious that Nigeria’s do not want unitarism” .  In that case Nigeria should adopt a truly federal constitution and adhere strictly to its principles.

The structures of the Nigerian federalism before the civil war were unstable and in secured.  However, after the civil war in 1970, the structure changed.

Before 1961, the federation of Nigeria had four regions – the North, West, East and Mid-West with the North being more populated and greater in size thereby giving it the highest number of seats 167 out of 312 seats in the House of Representatives this then was a threat to the other regions. 

The federal government had a superior position this is contrary to the federal principle that the regions should be coordinated and independent in their respective spheres under the constitution. A good example is the strong authority exercised by the central government in 1962 when Sir Abubakar Tafawa Balewa declared a state of emergency in the Western Region, sacked the Executive of the Region, suspended Parliament and appointed an administrator because of the breakdown of law and order in that region.  This sounds more like a military system than federal.

The federal structure took another structure in 1967 when the regions were divided into 12 states and seven more states added in February, 1976 bringing the states to 19 and 36 presently.  This, one would think would bring about stability, unfortunately the nature of military rule is not compatible with true federalism.  Since the administrative structure of the military is unified.

One can boldly state that under the military rule the structure of the federal system in Nigeria had a unitary system of government which started under Ironsi in 1966.  Fortunately in July 1966, General Yakubu Gowon abolished the Unification Decree of Ironsi and restored the federal system back.  However, by August, 1966, the regions were pulling apart federal scholars because more like a loose confederation.

During the civil war in 1967 – 1970, the federal links were under great threat with the creation of Biafra and the succession of Eastern region.Surprising, the federal military government framework a true federal system. Noteworthy, Ironsi inherited a weak centre and a strong region.  Decree No. 34, 1960 made Nigeria a unitary State.

The structure of the Nigerian Federal system today is a third tier system.  We have the federal, states which are 36 and Abuja and the Local Government.  The federal government is at the centre alone and powerful.  The 36 States are the federating units including the federal capital territory, Abuja and at the grass-root are 744 local governments.  All interrelated and connected to the centre.

(c) RELATIONSHIP OF THE VARIOUS UNITS

Nigerian being multi cultural and multi ethnic in nature has not fully operated true federal system.

The people and geographical terrain of Nigeria, from the on set in 1914 could only permit a complex unitary system.  While the period between 1954 – 1966 was a period of decentralization of power, Nigeria had a loose system with more power at the edge.  This is the period scholars most time refer to as the golden age of federalism in Nigeria. At this period each region had more power than the centre – each had their own constitution, anthem, coat of arms, etc.  The federal government then which was at the centre also had its own constitution, anthem and coat of arms.  However, in 1966 the military was said to have terminated these with a nominal federal system.

At the end of a long list of military rulers, the federal system was not with 36 states and a Federal Capital Territory, Abuja.  The central is very strong, bearing in mind that most of these states are too small to stand and operate as federating units making them to depend more on the central.   This has resulted in a very strong centre with relatively weak ethnic inclined states.

The centralization of economic power with petroleum being the most important resource under the total central of the federal government clearly stipulated in the petroleum decree of 1968 has a great influence on the relationship between the state and federal government making the state government to depend more on the federal government for the “national cake”.  The central government also controls the geographical terrain, this it does under the Land Act of 1978.  This Act places the control of urban land on the federal government.

It is obvious that the centralization of power in the centre under the military for so many years and the deliberate restructuring of the federal system in Nigeria has resulted into a very strong centre with relatively weak states which are ethnic inclined hence the agitation for a proper federal system.

(d) FEDERAL, STATE, LOCAL AND FEDERAL CAPITAL TERRITORY

THE FEDERAL GOVERNMENT

The Federal Government is the central authority.  The central government represents the federation as a subject international law.  The federal government is very powerful therefore disempowering the federating units.

The Nigerian Federal Government has more than one units called states with supreme authority in respect to matters of particular importance to its units.  The Federal Government operates or rather administers from the Federal Capital Territory, Abuja.

The administrative officers and ministries are located at the federal capital territory, these includes the offices of the various ministers as well as the national assembly made up of the legislators and senators.

The central government has supreme authority over common issues in relation to the whole federation.  Meaning the federal government acts on behalf of the whole federation.

Usually, there is a constitutional divisions of power between the federal government and the federating units.  Issues directly under the federal government jurisdiction are on the exclusive lists i.e. Defense, Immigration, Import and Export, Currency, foreign relations etc.

The federal as well as the State Governments both deliberate upon the concurrent lists. Such as Agriculture, Education, Information and Public Safety.

STATE GOVERNMENT

The federating units known as States each has a governor and their own state house of assemblies.  The state handles issues on the residual list such as primary education, minor roads, chieftaincy, minor criminal cases and local government.

LOCAL GOVERNMENT

Local government has been defined as“a branch of government constitutionally charged with the responsibility of taking good governance to the people as well as encourage active participation”.  Ejukenemu, 2007.

Local government could also be said to be a constitutional branch of government expected to take good governance to the people as well as create room for active participation..Ejukonemu (2007).Each local government has an administrative headquarters with a local government chairperson and some councilors working directly with the masses.  

The Local Government takes care of community issues such as community health, local roads, water supplies etc.  Each local government has a certain percentage of allocation from the State Government but they also have local taxes through which they generate revenue.

Note just as the case of the States, some local governments are more populated than others as well as bigger in size.

THE FEDERAL CAPITAL TERRITORY ABUJA

The federal capital territory in Nigeria is located in Abuja which the capital of Nigeria.  Abuja happens to be the centre of federal activities in the country.  This writer refers to Abuja as no man’s land meaning it belongs to Nigerians as a whole.  The federal capital territory carries the image of the country.  As state above the ministries and federal units are well represented in the federal capital territory.

Conclusively, the Citizen Forum for Constitutional Report (CFCR) Workshop held in Abuja 3 – 6 July, 2002 in Nigeria enlisted some defers in the Nigeria federalism thus:

Non subordination of one level of government to the others.

The direct operation of all levels of government upon the citizens,

The independence of the judiciary and

Relative fiscal federalism.

The over concentration of powers and resources at the federal level which is very obvious was also criticized and a call was made for an expansion of the power functions and resources of the State and Local Government.

The following suggestions were made among others, for a true federal system.