FEDERALISM- Panacea To Myriads of Multifaceted Problems in Nigeria
NIGERIA 🇳🇬 at crossroads - Unity in Diversity System for rescue.
Preamble:
Several historical works that bolster the argument for federalism include:
Culled: The Autobiography of Obafemi Awolowo
A
" ….In 1951 when the controversy on the form of Nigeria’s constitution began, I had already been for more than eighteen years a convinced federalist. In the early thirties, I was a fanatical admirer of the Indian National Congress, and of three of its illustrious leaders—Mahatma Gandhi, Pandit Nehru, and Subha Bose…..
" ….One of the pronouncements of the Indian Leaders which struck the right chord in me was the one relating to the revision of provincial boundaries along linguistic lines, in the reframing of the country’s constitution.
If this was done, it would mean that apart from the Indian Parliament, each linguistic group would have its own legislature and government to deal with matters of peculiar interest to the group and within the competence of a provincial government.
" I tried to apply this proposal of the Indian leaders to Nigeria, and I became convinced that our protectorate boundaries were arbitrarily drawn. Why should there be Yorùbás and other non - Hausas in the Protectorate of Northern Nigeria? Why were Ibos and other non-Yorùbás grouped together with the Yorùbás in the Protectorate of Southern Nigeria? I knew the answers. At the Berlin Conference in 1885, the imperialist powers had paid no regard to linguistic or ethnic affinities nor to geographical features or boundaries in their final share-out of the territories of Africa. The dominant note at the conference was the need to reach a compromise among the contending colonial powers, in order to ensure peace among themselves and a prosperous tenure for each in its newly acquired colonial territory.
" The result was that people belonging to one and the same linguistic group were split between two or more different colonial powers. In the organisation of the territories assigned to them, the over-riding considerations with the British government were the maintenance of law and order, and administrative convenience. The ethnic affinity of the people under their rule did not appear to interest them.
" The present three Regions were constituted without regard to ethnological factors. The Yorùbás of Ilorin, Offa, and Kabba are included with the Hausas in the Northern Region.
" There is no justification whatsoever for this arbitrary grouping.
Certainly these minority groups are at a considerable disadvantage when they are forced to be in the midst of other peoples who differ from them in language, culture, and historical background. But readjustment of the boundaries of the three administrative Regions will not solve all the problems.
" In that event, the Western Region would be the only area inhabited by people who all belong to the same ethnical stock, and speak the same language. In the Eastern Region there are three main national groups, namely, the Ibos, Ibibios, and Ijaws; and in the North there are five—the Hausas, Fulanis (who form the ruling class), Kanuris, Munshis, and Nupes.
" . . . There are a number of other national groups which are not recorded separately in the 1931 census.
" Under a true federal constitution each group, however small, is entitled to the same treatment as any other group, however large. Opportunity must be afforded to each to evolve its own peculiar political institution. Each group must be autonomous in regard to its internal affairs.
" Each must have its own Regional House of Assembly. Just now, however, it would be difficult to provide enough administrative staffs to handle the affairs of well over ten Houses of Assembly throughout the country.
" Even if such staffs were available the revenue of the country is unable to bear the expense. For the present, it is enough if it is borne in mind that this is our ultimate goal, and if we begin forthwith to take steps which would ensure the speedy attainment of this end.
" We need not be alarmed at the number of autonomous States which would thus emerge.
" The population of Switzerland is about 4,000,000; just about one-sixth of that of Nigeria.
This country consists of four racial groups.
These are divided into twenty-two cantons, each of which has its own Parliament and Government.
The Romansch, who form the fourth racial group, are only 44,000 in number.
They, too, have regional autonomy with a Parliament and Government of their own.
Canada, with a population of about half of that of Nigeria, has nine Provinces, each of which has its own Legislature.
According to these and other well-known and well- tried constitutional precedents, even as many as thirty to forty Regional Houses of Assembly would not be too many in the future United States of Nigeria.
B.
“ If a country is uni-lingual and uni-national, the constitution must be unitary. If a country is uni-lingual or bi-lingual or multi-lingual and also consist of communities, which over a period of years, have developed divergent nationalities, the constitution must be federal and the constituent states must be organized on the dual basis of language and nationality. If a country is bi-lingual or multi-lingual, the constitution must be federal and the constituent states must be organized on a linguistic basis. Any experiment with a unitary Constitution in a bi-lingual or multi-national country must fail in the long run
C.
A unitary constitution with only one central government would only result in frustration to the more pushful and more dynamic ethnic groups, whereas the division of the country into regions along ethnic lines would enable each linguistic group not only to develop its own peculiar culture and institutions but to move forward at its own pace, without being unnecessarily pushed or annoyingly slowed down by the others.
FEDERALISM/RESTRUCTURING NIGERIA IN 21st CENTURY REALITY
Major Three stages are to be considered:
State/Geo-political zone Border Readjustments
FEDERALISM based on above emerged Geo-political Zones/States
Sustainability and Viability of Emerging Zones
Diversity
Major Considerations:
1999 Constitution and its bureaucracy
Viability
State Governments
Equal federalism among constituents, as opposed to federalism dominated by the majority ethnic group, is what such federalism should aim to achieve.
State/ Geo-political zone border readjustments:
The 1957–1958 John Willink Commission Minority Report addressed this topic.
Here are major points addressed:
Minorities fears of domination
Mergers and/or split, which led to these major decisions:
Ilorin-Kabba Province ( Present Yorùbá Speaking parts of Kwara and Kogi States) wanted merger with Western Region ( unsuccessful)
Western Ijaw wanted a merger with Eastern Ijaw to form a State ( supported by Western Region and successful, leading to creation of Bayelsa State)
Non Yorùbá Speaking parts of Western Region ( Midwest) wanted separate Midwest Region creation ( supported by Western Region and was successful in 1963 through referendum
Itsekiri resisted its creation and wanted to remain part of Western Region
Non Hausa, Non Fulani and Non Kanuri Regions/groups wanted Middlebelt Region Creation ( Partially Successful through State creation- Military decrees by Gowon )
Lagos Population demanded Lagos State/Colony State and its merger with West ( successful, Created by Gen Gowon in 1967 through State creation decree)
Non Igbo speaking parts of Eastern Region ( Cross- Ogoja- Rivers, COR) wanted Separate COR region ( Successful through Gowon in 1967 through State creation-Military decree)
From the above, The proposal reveals that six regions are total; only one was established by referendum in 1963, and the other five were established by Gowon's military decree that established twelve states in 1967.
Middlebelt Region creation was partially successful,
Midwest region creation was successful,
Lagos State Creation was successful
COR region creation was successful
Ilorin-Kabba Province merger with Western Region was unsuccessful
It's on these basis that Gen Abacha created Six Geo-political zones but without constitutional implementation into Autonomy or constitutional obligations of functions.
Midwest region would later be called Bendel State and merged with COR region to form South-South Geo-political zone
Some of the States formed through 12 states creation in 1967 formed North-Central Geo-political zone
Western Region ( after Midwest region creation) and Lagos State without Ilorin-Kabba Province merger formed the South-West Geo-political zone
Eastern Region ( Excluding COR region) formed the South-East Geo-political zone.
Northern Region ( Excluding North-Central ) formed the North-West and North-East Geo-political zone.
In other to address State/Geo-political zone Border Readjustments:
In order to fully implement the 1958 Willink Commission Minority Report, the Ilorin-Kabba Province in the Middlebelt/North-Central Geopolitical Zone must be merged with the South-West Geopolitical Zone, as well as other non-Hausa, non-Fulani, and non-Kanuri portions of the North-West and North-East Geopolitical Zones.
The 1958 Willink Commission is fully implemented in this way, preserving the six geopolitical zones that are currently in existence OR holding new referendums in these zones to determine their current consents rather than those based on previous consents.
FEDERALISM based on above emerged Geo-political Zones/States
"Federalism is an arrangement whereby powers of government within a country are shared between a national, countrywide government and a number of regionalised (i.e., territorially localized) governments in such a way that each exists as a government separately and independently from others, operating directly on persons and property within its territorial area, with a will of its own and its own apparatus for the conduct of its affairs. Federalism is thus essentially an arrangement between government, a constitutional device by which powers within a country are shared among two tiers of government".
After being divided into regions, each of the six (6) geopolitical zones will be incorporated into the 1999 constitution.
Each of the Six ( 6 ) Geo-political Regions are to have Regional Minister/Governor/Head, totaling Six
The foundation of fiscal federalism is these six geopolitical regions, not the existing states; hence, the formula for allocating revenue is 60% to the six geopolitical regions and 40% to the federal government.
The Federal Government may award grants to any geopolitical zone based on the needs or viability of the region.
The Constitution grants each Geopolitical Region the authority to establish as many States or Provinces as it needs or desires. The Region determines its own expenditures, thus if it establishes ten, it will not impact the other Regions' revenue-sharing distribution.
Each geopolitical region is granted constitutional authority to establish its own regional police force, or community policing, but this authority is tempered by federally controlled police powers. For example, federal police manage electoral voting, but regional police are prohibited from participating in any election.
The Federal Government controls the Nigerian Armed Forces, which are left centralised as one and not regionalized, but localised, with people from different regions serving in their own areas under a single command.
In Nigeria, legislative lists provide for the division of powers - the exclusive legislative list, the concurrent legislative list and the residual legislative list.
Section 4(1) of the Constitution provides that the legislative powers of the Federal Republic of Nigeria are vested in the National Assembly for the Federation and section 4(6) vests the legislative powers of a state in the House of Assembly of that State.
The National Assembly is a bicameral legislative body which consists of a Senate and a House of Representatives.
The 1999 Constitution of the Federal Republic of Nigeria contains 68 items in the exclusive legislative on which only the Federal Government of Nigeria can legislate.
These include: accounts of the government of the federation; arms, ammunition, and explosives; aviation (including airports); awards of honours and decoration; bankruptcy and insolvency; banks, banking, bills of exchange, and promissory notes; borrowing monies inside and outside Nigeria for the purposes of the federation or any state; census; citizenship, naturalization, and aliens; commercial and industrial monopolies; construction and maintenance of federal trunk roads; control of capital issues; copyrights; creation of states; currency, coinage, and legal tender; customs and excise duties; defence; diplomatic, consular, and trade representation; drugs and poisons; election to offices of president and vice-president, governor, or deputy governor; evidence; exchange control; export duties; external affairs; extradition; immigration and emigration; implementation of treaties; insurance; incorporation, regulation, and winding up of corporate bodies other than those established by a law enacted by the state Houses of Assembly; labour; maritime shipping and navigation; meteorology; military (army, navy, and air force); mines and minerals; national parks; nuclear energy; passports and visas; patents; trademarks, trade, or business names; pensions and gratuities payable out of the public funds of the federation; police and other government security services established by law; posts, telegraphs and telephones; powers of the federal National Assembly and the privileges and immunities of its members; prisons; public debts; public holidays; public service of the federation; quarantine; railways; regulation of political parties; service and execution in civil and criminal processes, judgments, decrees, and other decisions of any court of law inside or outside Nigeria, except for laws made by the state; stamp duties; taxation of incomes; profits and capital gains, as provided by the Constitution; trade and commerce; traffic on federal trunk roads; water from sources declared by the National Assembly to affect more than one state; weights and measures; wireless, broadcasting, and television other than those owned by states; any matter with respect to which the National Assembly has power to make laws under this Constitution; and any "matter incidental or supplementary to any matter mentioned elsewhere in this list.
Each Geo-political Region should have these Constitutional powers:
Mines and Minerals
Trade and Commerce
Patents, trademarks, trade, or business names; pensions and gratuities payable out of the public funds of the federation.
commercial and industrial monopolies; construction and maintenance of federal trunk roads; control of capital issues; copyrights; creation of states;
railways; regulation of political parties; service and execution in civil and criminal processes, judgments, decrees, and other decisions of any court of law inside or outside Nigeria
Power Generation
Agriculture
Education
VAT and Cooperate Income Tax etc
Geopolitical regions will serve as the basis for courts and the Supreme Court.
Above is just a recommendation for the scope of this article. It should be based general consensus between the constituents.
On Fiscal Federalism
Each Geopolitical Region is the only one that collects all taxes and revenue, not FIRS, and 40% is sent to the federal government OR FIRS collects all taxes and income but the revenue sharing formula/allocation is based on "get as your earn" and not based on these:
% Equality - 10%
% Population - 5%
% IGR effort - 30%
% Education - 30%
% Health - 10%
% Water - 10%
% Landmass - 5%
But revised to showcase fiscal Federalism and
Federal Government allocation changes to 40% from 52.68 it collects and
State and Local Governments allocation changes to 60% from 47.32.
Note: Six (6) geopolitical regions serve as the basis for the allocation of State and Local Governments; hence, the Federal Government does not have any role in the transfer of funds to the States or Provinces.
For example, the South-West Geopolitical Region receives its allotment and distributes it to its provinces, or the ten States, or any other number it chooses, since it is empowered by the Constitution to establish such.
The number of states or provinces that any one geopolitical region decides to have has no bearing on other geopolitical regions.
Sustainability and Viability of Emerging Zones
Any geopolitical region in need of funding can apply for grants from the federal government; a national fund should be established with a 40% contribution from the federal government, to which a particular percentage of the monies allocated go. Grants should be awarded to any geopolitical region that requests them, and the requirements should be followed.
Diversity
It should be mentioned that questions about diversity and minorities should be raised because Nigeria will have six (6) geopolitical regions, as the article illustrates!
Based on diversity, these six (6) geopolitical regions are separated into two groups:
Monocultural/ Ethnic Homogenous Regions: Three ( 3 ) of the Six ( 6 ) Geo-political Regions are monocultural/ethnic Homogenous, they are:
South-West ( Yorùbá)
North-West ( Hausa, Fulani)
South-East ( Igbo )
Multicultural/ Ethnic Heterogeneous Regions:
Three ( 3 ) of the Six ( 6 ) Geo-political Regions are multicultural/ethnic Heterogenous, they are:
South - South
Middlebelt
North - East
Each of the Geo-political Region has constitutional power to create its States/Provinces, therefore;
Each of the three ( 3 ) Monocultural/ Ethnic Homogenous Geo-political Regions could have States or Provinces based on their Subgroups/dialects or based on conveniences e.g South-West could have Ijebu, Òyó, Èkìtì, Akoko, Ijesa, Ifè, Ìgbómìnà, Yewa, Ondo, Awori, Remo, Ilaje, Ikale, Ibadan, Onko etc States/ Provinces based on dialects or conveniences.
Same for Others.
Each of the three ( 3 ) multicultural/ Ethnic Heterogenous Geo-political Regions could have States/Provinces based on their Ethnic Groups or based on their conveniences e.g South - South Geo-political Region could have Urhobo, Edo, Ijaw, Ogoni, Ikwere, Ibibio, Annang, Efik Etc States/ Provinces based on Ethnic groups or conveniences
Middlebelt Geo-political Region could have States/Provinces based on their Ethnic Groups or Conveniences e.g Tiv, Idoma, Atyab, Jukun, Igala, Nupe, Ìbàrìbá, Mamuye, Ebira etc States/Provinces based on Ethnic groups or based on Conveniences
Same for North-East Geo-political Region.
Each of these States/Provinces should have Governors or Provincial Heads like State Governors across NIGERIA today with constitutional power depending on Geo-political regions and its constitution/laws.
IMPLICATIONS:
Ethnic Rivalry and Communal Clashes Curtailed:
Either Banditry in North-West and North- Central or Militias attacks on Middlebelt Communities or any other, this will curtail them.
It promotes Equity and Justice in Resource sharing
It stabilizes Nigeria
It fosters progress and development since stability is achieved
Each constituent can develop at their pace and direct how they want to drive their socioeconomic and sociopolitical affairs- Self Determination
NIGERIA Remains United and One
More resources are geared towards growth and development rather than Conflicts and de-stabilization
Unity in Diversity achieved and harnessed
Fosters decolonization of institutions e.g regional/state/provincial languages can be language of education, science and technology with English as National Language.
Federation of NIGERIA or United States of NIGERIA achieved
Cost of governance reduced due to six Geo-political Regions structure yet more efficient
IN CONCLUSION:
1958 Willink Commission Minority Report reconsidered
State/Geo-political zone Borders Readjustments are made based on it or fresh referenda done
FEDERALISM based on existing Six ( 6 ) Geo-political zones but with already border readjustments
Fiscal Federalism based on these Six Geo-political Regions
Constitutional Powers for the Geo-political Regions
Each Geo-political Regions will have their States/ Provinces with State Governors/Provincial Governors
Minority and diversity questions answered and solution proffered
Equal Federalism implemented
Peace, Stability and Growth of Nigeria
Grassroot Governance enhanced
NIGERIA Remains United, Beauty in Diversity and One.