Investigating the Practicality of True
Federalism in Nigeria
Emmanuel Lucas Nwachukwu
National Institute
for Nigerian Languages, Indonesia
Email: [email protected]
|
Keywords: |
ABSTRACT |
|
Democracy, Federalism, Government,
Nation-State, Politics |
The growing frustration among different
disenchanted regions of Nigeria raises the question; if Nigeria�s current
federal structure is delivering the full benefits of citizenship to every
region? This study investigates the practicability of Nigeria�s federalism,
taking stock of different challenges confronting the nation-state which are
mainly economic and political. The study revealed that the current system of
federalism fails to meet the standards of true federalism. This is based on
the idea that the autonomy advocated for states and regions is not respected
in law or practice. The study therefore recommends restructuring and
autonomy, which are meant to give every state and region a sense of
belonging, improve unity, create healthy competition and help citizens
achieve their aspirations. This will safeguard against a heavy-handed and
unfair central government, which will allow states to maintain a degree of
autonomy and make decisions that they believe best serve local interests. The
study concludes that Nigeria must focus on restructuring and autonomy to
drive a decentralized governing structure, which creates balance, preserve
the country's national unity and cohesion. |
INTRODUCTION
The
topic of political representation and power sharing has become increasingly
visible and important within contemporary political space. These developments
are driving new arrangements of government in which the body of rulers/leaders
are constantly monitored in their exercise of power by a vast array of the public
and other regulatory mechanisms. The challenges of federalism are not exclusive
to Nigeria as is often projected, however, it is glaring that Nigeria�s current
federal system is falling short of its ideals and grappling with the challenges
of national divisiveness. Nigeria�s experience with federalism has defied its
purpose; the aspirations of the people have always been manipulated in favour
of few elite ruling class. The question, therefore, is this: can Nigeria current
federal structure deliver the full benefits of citizenship to every region? The
answer to this is obvious with the growing frustration among the people and
disenchanted regions. These challenges will remain until the state address all regional
challenges. This investigates the practicability of federalism and recommends restructuring
and autonomy as alternatives in the quest for true federalism in Nigeria.
This
study attempts to take stock of how different scholars have made sense of the
phenomenon and notion of democracy and federalism. Based on this notion, and to
the extent that is relevant to the study, this section of the study defines
what is meant by democracy and federalism, while establishing the foundation
within which the study is situated.
Conceptualizing
Federalism
Federalism has not had one set definition
throughout its history, because the idea of the appropriate balance of
authority among the local, state, and federal governments keeps
evolving. The etymological origins of federalism derive from �foedus� the Latin
for �alliances� or �leagues� of states that
joined together in pacts, covenants or agreements, typically for defensive
purposes.
Federalism
may mean different things to different people, but what appears to be constant
about this political system is the intrinsic principle that distinguishes it
from other systems. This principle, which Wheare (1963) called the federal
principle, has been defined as the �method of dividing powers so that the
general and regional governments are each, within a sphere, co-ordinate and
independent�. What is meant by �independent� here is that each tier of
government has its own independent functions and neither has supreme authority
over the other. Therefore, federalism refers to a system of government in which
powers are shared between the central (federal) government and the
federating/constituent/component units (or states as used in Nigeria).
Elazar
(1987) defines federalism as the promotion of �federal political systems� which
combine principles of �shared rule� with �self-rule� in their territorial
designs.� Watts (1998) argues that federalism
is a philosophy, doctrine and arguably an ideology that favours a distinct
territorial pattern of government, one that combines the centralization of some
political powers and the decentralization of others. Federalism is embodied in
the constitution, which refers to the division and sharing of power between the
national and state governments.
Amah
(2017) notes that federalism is a system of governmental organization whereby
two or more independent states agreed to form a common government while
retaining their distinctive autonomy. It is a concept that attempts to give
meaning to a form of government in which, rather than being concentrated in one
body, is decentralized between the central authority and the component units
that come together out of one or more significant reasons, and to which there
exist a constitutional stipulation of the nature and period of exercising the
specific power to avoid clashes and a provision for a means of compromise when
clashes are inevitable.
From
the definitions above, the sharing of powers among component separate is the
common variable. This power sharing goes with an institutional framework and
guided by the constitution of the country. Federalism is an important
institutional tool for democratic transitions and consolidation because it
brings the element of equitable representation and provides sense of belonging
to all regions or units into the democratic process. Federalism reinforces the
element of representation for sub-national units, giving them influence in
national politics. This apparently shapes national strategies for national
unity, and tends to affect the distribution of resources. Given this,
federalism could affect the path of a country's transition, and ability to
consolidate democratic institutions.
Federalism
is a unique form of governmental arrangement that involves organization of the
state in such manner as to promote unity while at the same time preserving
existing diversities within an overarching national entity. It is about power
devolution and sharing among components units. There are many definitions on what federalism is,
authors look at it in their own personal perspective but all points to the same
phenomenon of power sharing among level of government. Federalism is the
bedrock of democratic edifice and tool for expressing democratic principles,
for a country of Nigeria�s size and complex diversities.
Federalism: The Nigerian Experiment
As
government arrangement, to be effective, federalism is not practiced in
abstract, it needs an organized, sustained institutional structural arrangement
for it to survive according to its tenets and principles, also an enabling
environment must be provided for its existence and practice. To understand the
practice of federalism in any society, it must be stated that it takes
different forms, and there is no one-size-fits-all model. There are different
political histories and civilizations, therefore, different states decide how best
to practice its federalism. In light of the foregoing, this section will
discuss Nigeria�s experience of federalism.
The
idea of how society and states should be organized and managed has been one of
the greatest concerns of man, the drive for justice, equality, fairness,
enduring polity and political stability has been perennial themes. Similarly,
different societies have over the years fashioned ways to structure their
polity in such a way that they think is most conducive for the administration
and management of public affairs (government) one of such is federalism. A
political structure or system in which government power that exists in a nation
is shared among the central government and component regions or state. It is
considered a viable mechanism for managing plural society with diverse culture,
linguistic and social diversity such as Nigeria.
Nigeria
is a federal state according to Section 2(1) of the 1999 Constitution as
amended; Nigeria is one indivisible and indissoluble sovereign state to be
known by the name of the Federal Republic of Nigeria. Subsection 2 of the same
section also provides that Nigeria shall be a Federation consisting of states
and a Federal Capital Territory.� Each
tier is assigned respective spheres of jurisdiction by the constitution. The
democratic constitution provides for a federal system that is headed by the
president, the legislature is formed by the National Assembly of Senate and
House of Representatives, and the judiciary is headed by a supreme court.
The
federal system of government in Nigeria refers to the devolution of power
(sovereignty) and resources by the central government to its federated states.
Federalism in Nigeria can be traced to Sir Frederick Lord Lugard when the
Northern and Southern protectorates were amalgamated in 1914. After the 1914
amalgamation, the Richard Constitution in 1946 recognized three regions in
Nigeria namely, the Northern, Western and Eastern regions and the Colony of
Lagos. This was the first time the idea of a federal system surfaced in the
country. The struggle of Nigerian Nationalists to participate in the government
led to a number of constitutional reforms between 1951 and 1957. These reforms
saw the gradual federalization of Nigeria�s Unitary Colonial State.
Mutual
fear and suspicion of domination among ethnic groups generated intense pressure
on the colonial administration for a federal system. Nigeria attained its
independence on October 1, 1960 after the federal elections in 1959. The 1960
Nigerian constitution provided for a federation operating in the context of
parliamentary democracy. Nigeria became a federation on October 1, 1963. The
monarchy was abolished and Nigeria became a republic within the Commonwealth
(Olakunle, 2022)
The
federal structure led to creation of States. The unitary system operated by
Aguiyi Ironsi was changed with the adoption of Gowon�s Decree No. 52 which
established 12 states from the former three regions in 1967. Murtala Mohammed�s
regime came to power in 1976 and created seven more states to become 19, while
Ibrahim Babangida�s military regime created two additional states in 1987,
making a total of 21 states and in 1991 he created nine more states bringing
them to 30 states. Finally, the Sani Abacha regime created six more states to
become the 36 states in Nigeria currently. (Dakuku, 2021) From 1979 when
Nigeria adopted the presidential system, the distribution of powers has been
heavily skewed towards the centre. The reason for this may be historical.
Nigeria inherited a semi-unitary state from the military, who ruled from the
centre and established a hierarchy whereby the centre imposes its authority and
wishes on the component parts of the country. The centralist power structure
created was supposed to hold the country together and ensure the indivisibility
of Nigeria. Besides, the proper federal system of the early 1960s, backed by
the 1963 constitution, created strong regions capable of challenging the
centre. An agitation for self-determination by one of such regions led to the
civil war that claimed million lives and property.
However,
since 1999 when Nigeria returned to democracy, federalism has not yielded the
much desired result. This is attributable to factors such as ineffective
leadership and governance, hence, the clamour for �true federalism�. There has
been a radical departure from the theory of federalism as practiced in Nigeria,
creating many challenges. The foremost challenge of federalism in Nigeria has
been about the fair distribution of power and resources to the different
nations and regions, thus, some ethnic groups throughout the country
increasingly feel marginalized and alienated from the Nigerian state, (Akujuru,
and Enyioko, 2015)� for example the
South-Eastern part of the country have continually agitated for secession
because of marginalization. Nigeria is a country of many mutually distrustful
nations, as is evident from the clashes it has experienced since her independence.
This confirms the observation of Chief Obafemi Awolowo, that Nigeria is not a
nation, but a mere geographical expression.���
To combat the unity and progress-sapping impact of socio-political and
economic inequality occasioned by poorly practiced federalism, McCormick (2011)
emphasizes the need for designing institutions that acknowledge, address, or
reflect socio-economic distinctions, and adopt citizen-enabling measures. The
insatiable appetite of political elites and some regions to dominate necessitates
popular participation/inclusion that transcends the politics of elections. Such
popular participation is meant to fill the space opened up by nepotism,
patronage and participation limited to electoral politics which political
elites exercise dangerous discretion and into which socio-economic elites
intervene unimpeded into politics.�
�According to Babalola, (2014) to manage the
challenge of marginalization and foster inclusion, the federal government
designed the federal character principle as a way to engender fairness and
national cohesion. The tenet of the federal character is to ensure that the
composition of federal institutions reflects the diversity of the country, and
that the composition of state institutions should reflect the diversity of the
federating units.� In other words, the
Federal Character principle aims to prevent the domination of the federal
government or any of its agencies by one or a few ethnic groups. There is no
denying that this policy has achieved some of its fundamental objective of
ensuring that every state has a share of federal power in one form or another,
however, it has generated many debate concerning how it has been abused in
favour of one region of the country.
Historically
Nigeria�s federal system has oscillated between excessive regionalism as it
were in the first republic (1960-1966) and excessive centralization in the
military era (1966-1979 and 1983-1993 respectively. It has also undergone
several structural changes from the initial three regions to four regions in
1964 to 36 states. It can be argued that Nigeria�s federalism is mere
centralization of power, and limited state autonomy. It is yet to achieve its
goal as an ideal constitutional approach to the problem of diversity and
political integration; instead it has created more divides among the ethnic
groups.
Restructuring and Autonomy: The Way Forward
The
federal system in Nigeria has over time manifested some internal challenges
which are inevitable but has been managed within the system through certain
mechanisms which are not also static but changing. The degree to which federal
systems are capable of addressing the inherent challenges which often arises in
the operations and functioning of the system, to a large extent determine the
continued existence and survival of such federal systems. (Abideen & Joseph
2021)
According
to Brown (1994) in Political Restructuring in Europe, he argues that a
political structure that�s not working must be restructured because a political
system must serve a functional purpose, meet needs, and if it can�t, then it
lacks the ethical or moral basis to exist. This is why countries around the
world reform their governance systems from time to time to address emerging
challenges. With many challenges bedeviling Nigeria�s federalism, the people
are left with the alternative of restructuring and autonomy, which could prove
to be more sustainable.
Restructuring
and autonomy in Nigeria federalism is an important tool that should be applied
to key regional issues in order to ensure that Nigeria remains a progressive,
strong and unified state. Restructuring within the context of governance system
such as federalism is a transition from a lopsided political structure to a
better and sustainable one. It is characterized by political inclusiveness,
people-oriented constitutional amendments, resource control, improved electoral
process, effective political representation, fair sharing of political power,
preservation of citizens� rights, protection of lives and properties, and
building of enduring political infrastructure. Restructuring is also viewed as
a constitutional process that helps the central government shed some of its
powers and responsibilities and granting implementation to constituent units.
It is aimed at bringing the government as close as possible to the people at
the grassroots.
Opone
(2020) notes that restructuring is the diverting the central government of
certain powers and limiting its area of influence to such issues as fiscal
policies, military/defense, foreign policy, migration, and national
elections�� Restructuring is a political
and administrative connotation, which implies agitation for more formation in
the entire component of the existing federalism, as a result of the need to
control the centre or representation in the political landscape of the country.
Restructuring involves the economic redistribution of resources among the
component units of the federation based on true federalism.
In
the argument of Bolarinwa (2015), Nigeria cannot be a strong and unified
federation unless and until the constituent parts (states) are sufficiently
empowered by enabling practices that conform to the principles of federalism.
He further noted that, the essence of federalism is to allow each state or
region in a federation a significant measure of autonomy to manage its affairs.
Restructuring
is not just merely a political mantra but has other undertone meanings and
underpinnings. Some scholars argue that what Nigeria needs now is mental
restructuring instead of political restructuring and also includes value
reorientation. The different parts of the country are torn apart by ethnic
rivalries, communal clashes, and marginalization of minority groups, nepotism,
and corruption. The effect of these ills on the people cannot be quantified.
Hence, to solve the problems confronting the federal system, mental
restructuring is advocated.
Restructuring
represents a process that will yield significant adjustment and recalibration
of governance arrangements of the Nigerian state. This would represent a
departure from the usual unfair treatments of some regions. This supports the
sayings of Nnamdi Azikiwe, who posited, that to build a nation, the safety of
every citizen must be assured and equal opportunities for all, regardless of
the language they speak, the place they come from, or how they worship God.
(Fayemi, 2021)
The
idea of restructuring and autonomy will address the many complaints about
marginalization, where regions and states that make up the Nigerian federation
feel they are not getting a fair deal or equality of opportunities when
compared to other regions or states. Furthermore, restructuring and autonomy
will allow Nigeria to remain adaptive and responsive to the shifting challenges
of different regions and its commitment to meet the aspirations of every
region.
Restructuring
and autonomy go hand in hand; it will help to ensure that the various states
and regions have more autonomy and control over their own affairs. This will
help to create a more equitable balance of power between the federal government
and the states, which will in turn lead to greater economic and social
stability. Also, it will provide the states with more resources and
opportunities to develop their own unique solutions to peculiar challenges. This
will create a stronger sense of national unity and pride, as well as provide a
more equitable distribution of resources and opportunities for all citizens.
Restructuring and autonomy is an important step towards a stronger and more
unified nation and seems a viable path to attaining true federalism.
Restructuring will allow different regions of Nigeria to develop policies that
are tailored to the needs of their people, encouraging policy divergence and
autonomy.
Restructuring
and autonomy are just like siamese twins that cannot be separated, if optimal
benefits must be achieved from true federalism. For true federalism in Nigeria
to work and achieve its goal, an enabling environment must be provided. The
provision of the enabling environment depends on the structure of governance
that exists. True federal system, through its instrumentalities of power should
ensure that constituent units (regions) are autonomous and operate optimally
without solely depending on the centre.
The
realization of restructuring and autonomy is not just an abstract thought but can be
achieved through:
Constitutional Reform
Restructuring and autonomy in Nigeria seems
right to start from reworking the current constitutional framework. It is
expedient to begin from redefining the constitutional framework under which it
currently operates. At a time many regions of Nigeria are
calling for restructuring, it also calls for the renegotiation of the 1999
constitution as amended to address the challenges of federalism and its
attendant issues like fiscal autonomy, resource control, political power
imbalance, etc. Reworking the Nigeria�s constitution is a fundamental aspect of
the quest for true federalism in Nigeria. This process will ensure democratic
existence of the regions. Many modern states have devoted a considerable amount
of time and resources to their constitutional developments to adjust to
emerging challenges. This is because constitutions are products of a nation�s
socio-political development.��
Renegotiating the 1999 constitution forms the nucleus of the demands for
restructuring because it will legally spell out processes that gives room for
more viable sub-national governments and reduces the burdens of the federal
government. However, some Kolawole (1963) argue otherwise, that the success of
restructuring is not determined by the reworking the constitution. It is
determined by the operators of the constitution. Given the unfair treatment and
marginalization of some regions of Nigeria even when the constitution makes
provision on how resources and political power should be distributed, in the
end, it is the operators of the constitution that decide either to practice
what is contained therein or not. The setup of Nigeria�s constitution has
revealed that the federal government continues to amass powers that ought to
have been exercised by the lower tiers of government within the federation and
by so doing, control what happens at that level of government. (Mbanefo, 2016)
For instance, there are many items listed under exclusive list in the 1999
Constitution, but should be on the concurrent list or residual list. The
current federal system empowers the federal government to appoint judges for
the states and the federal government also controls the security of the states,
to the extent that the governor is almost powerless, even as the chief security
officer of the state. Some of the items on the exclusive list should be the
exclusive responsibility of states and local governments, not federal. Against
known federal principles, the current Nigerian federalism is one that expresses
a very strong centre that abhors devolution of power, which erodes the autonomy
of the constituent units (regions).
Fiscal Autonomy
The ability to utilize money generated instead
of remitting it to the centre, is at the heart of restructuring the
revenue formula. According to Elekwa, et al (2011), Nigeria�s fiscal relations
have been characterized by bias, distrust and contention in the setting of
principles or formula for revenue sharing between and among the various units
of governments. The consequence of this misnomer is the conflicting pattern of
revenue sharing relations among states from different regions of the
country.� Part of the restructuring
argument should be about fiscal autonomy, where states generate and use a good
part of the revenue for development. Fiscal federalism amongst other things has
remained a contentious issue in Nigerian federalism and restructuring debate.
Enyi, (2005) observed that the fiscal aspect of Nigeria�s federalism depicts
one with preference for a strong centre and weak periphery (states), in view of
the fact that the Federal Government retains a proportionately larger size of
the revenue than the states put together. Apart from the domineering influence
being wielded by the centre, the manner in which the centrally generated
revenue is being shared among the constituent units equally gives cause for
concern. Fiscal federalism with particular reference to revenue allocation has
been subject to profound and lengthy deliberations about adopting a suitable
revenue sharing formula and of which consensus has not been reached. Fiscal
federalism refers to the financial relationship among existing tiers of
government. This is an important part of a federal arrangement because
it is the responsibility of the government at all levels to initiate policies
that will lead to rapid economic development through adequate provisions of
amenities. The system also ensures that the federating units are adequately
catered for.
The Nigerian situation nevertheless is
different, because the process of how to allocate revenue to the different
tiers especially through the derivation principle has received protestations
and attacks. (Ekpo & Englama 2008) Nigeria's revenue allocation system is
neither efficient nor equitable. There have been a lot of revenue allocations
principles initiated by various Commissions since independence and have on many
occasions failed majorly because the distributional patterns amongst the states
did not reflect the needs of the states. So, the parameters for sharing revenue
have become a source of concern and many even perceive it
as a ploy to defraud one region of the country by others.
In
the quest for true federalism, derivative principle adopted as a revenue
allocation formula must be viable to benefit the various regions in the
country. Restructuring should guarantee fiscal autonomy for the different
states and regions of the country. For instance, oil producing states such as
Ondo state and others that are grappling with development challenges should
significantly benefit from the natural resources of their regions through fiscal autonomy.
Hence, the resources control debate by people from the Niger-Delta region and
other regions that have other natural resources.
Resource Control
Resource control occupies a centre place in
the debate for restructuring and has been a matter of considerable national
significance. Its advocates argue that regions control the exploitation and
revenues from natural resources such as crude oil, and pay a percentage to the
federal government. The main issue that has fed the call for resource control
is that the federal government had neglected and marginalized the people of the
concerned region (Niger-Delta) for so long. They argue that, while the bulk of
Nigeria's oil wealth and in indeed, national revenue comes from the region,
environmental degradation, poverty, and unemployment have characterized the
region, which can no longer be accepted. (Abbces & Wakili 2018) The
agitation is further sustained by the unfair fiscal policies of the federal
government, most especially the revenues allocation formula. Since the
government has dragged its foot in restructuring the revenue formula
to the satisfaction of the Niger-Delta States, the demand for resource control
has manifested in legal litigations and aggressive militant response. (Tamuno
2014) The key issue of resource control and fiscal autonomy should be addressed
in the �restructuring� solution. This will allow states and regions to have good
measure of control over their resources and utilize it for development
purposes.
Devolution of Power
The consensus is that the federalism still
operated in Nigeria has concentrated too much power at the centre, reflective
of military-style structure of governance. (Aguda 2002) This has conveniently
made the federating units mere appendages to the central government. As a
result, this kind of federalism makes the Nigeria President appear to be so
powerful in terms of internal use of power. Restructuring the current federal
system requires the devolution of power, which will reduce the powers at the
centre for the interest of the federating units (regions). This implies
diverting the central government of certain powers it wields and limiting its
influence to such areas as fiscal policies, defense, foreign policy,
immigration, and national election to bring the version of the Nigerian federal
system as close as possible to what is obtainable elsewhere. (Osaghae, 2012)
CONCLUSION
This
study critically examined the experiment of federalism in Nigeria. While federalism
is an important institutional tool for governance, which brings the elements of
equitable representation and provides sense of belonging to federating units
into the process of governance, the practice in Nigeria has not effectively
addressed the challenges of economic and political marginalization,
overconcentration of powers and resources in the hands of the government at the
center, leading to a lack of autonomy for the regions, and this has negatively
affected the existence of Nigeria. The implication is that Nigeria does not yet
practice true federalism and the consensus is that the current system of
federalism fails to meet the standards of true federalism. This is based on the
idea that the autonomy advocated for states and regions is not respected in law
or practice. The study therefore recommends restructuring
and autonomy which is
meant to give every state and region a sense of belonging, improve unity, create
healthy competition and help citizens achieve their aspirations. This will
safeguard against a heavy-handed and unfair central government, which will
allow states to maintain a degree of autonomy and make decisions that they
believe best serve local interests. Nigeria must focus on restructuring and
autonomy to drive a decentralized governing structure, which creates balance,
preserve the country's national unity and cohesion, while also allowing for
democracy to thrive, thus protecting the rights and liberties of citizens and
ensure economic prosperity.
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