NIGERIA’S FEDERAL EXPERIENCE

Selected issues

Réèpúblikk NaìjírìàRepublik Nijeriya

نيجيريا جمهوريةRepublic nde NaigeriaRepublik Federaal bu Niiseriya Federal Republic of Nigeria

Outline

Introductory remarks Selected issues

States and local governments in the Federal Republic of Nigeria

Unity and diversity Sharing power at the center Distribution of powers between the two

orders of government Oil and gas in the context of fiscal

federalism Concluding thoughts

Introductory remarks

Nigeria and Iraq: A brief comparison

British colonial history Troubled post-

independence political history

Rich in oil and gas Ethnically, religiously,

culturally, geographically diverse

Experienced a war of secession and episodes of civil war

British colonial history Troubled post-

independence political history

Rich in oil and gas Ethnically, religiously,

culturally, geographically diverse

Experienced an insurgency, inter-state conflicts and wide-scale internal violence

Nigeria Iraq

Why and how: the logic of Nigerian federalism Three rival pluralities: the plurality of economic and geographic

regions, the plurality of ethnic nationalities, and the plurality of colonial administrative traditions.

A big country ... 913,072 square kilometres

With many ethnic groups Three major groups: Hausa-Fulani, Igbo, Yoruba A myriad “minority” ethnic groups

And a history of separate colonial administrations The Lagos colony

A Crown colony with a legislative council and an English judicial system

The Colony and Protectorate of Southern Nigeria Foreign relations managed by the British; local administration in charge of maintaining law and order

The Protectorate of Northern Nigeria Indirect rule, grooming of extremely conservative traditional rulers

Which fostered rivalries between the various regions

Willink Minorities Commission Map (1957-1958)

Nigeria under British administration

Why and how: the logic of Nigerian federalism (2) At independence, Nigeria was a federation of

three member-states.

The Nigerian federation is multinational or multiethnic.

Nigeria's extensive geographic size has usually been cited as an important factor for understanding the making of Nigerian federalism.

But ... at no point in the evolution of the country has Nigeria been a federation of natural, geographic, economic regions.

Major ethnolinguistic groups in Nigeria

An experiment in fragmentation

States and local governments

Regions and governorates

The constituent units have not been delimited as national or ethnic states

Successive military leaderships have taken liberties in redrawing the boundaries of the states From three to thirty-six The logic of fragmentation

A means to access national appointments, fiscal and other resources

A way of rewarding local officers by creating public offices The negative impact of regionalisation

The increase in ethnic consciousness The lack of popular consultation

Ethnic group and state boundaries

Three regions (1954-1963)

A fourth region (1963-1967)

Twelve States (1967-1987)

Twenty-one states (1987-1991)

Thirty states (1991-1996)

The 36 states of Nigeria (1996-)

Putting an end to Nigerian fragmentation?

Constitutional provisions on the creation of new states (Art. 8-1) A request put to the National Assembly and supported by at least 2/3 majority

members in: Senate, House of Representatives House of Assembly and Local Government Councils of the area

Approved in a referendum by at least 2/3 majority of people in the area The result of the referendum to be approved by simple majority of

All States of the Federation, and Members of the Houses of Assembly

The proposal is approved by a resolution passed by 2/3 majority of members of each House of the National Assembly

Constitutional provisions on the redrawing of boundaries A request put to the National Assembly is supported by 2/3 majority of members

representing the area demanding and the area affected in: The Senate and the House of Representatives The House of Assembly and the local government councils of the ara

The proposal for boundary adjustment is approved by a simple majority of Each House of teh National Assembly Members of the House of Assembly in respect of the area concerned

Unity and Diversity

A task that must be done

The Biafra war In Nigerian politics, political engineering

along rigid ethnic-national lines is regarded with great suspicion.

1999 Constitution: Chapter 1 - Article 2(1) Nigeria is one indivisible and indissoluble

sovereign state to be known by the name of the Federal Republic of Nigeria.

Language policies

English has been maintained as the country’s official language

The constitutions of 1979 and 1989 provide for the development and diffusion of the three major indigenous languages

Federal government decision at the turn of the 1990s to adopt mother-tongue education in 27 languages

The impact of military rule

Sharing power at the center

The impact of military rule

Centralisation of powers in the hands of the Federal executive (coup leaders turned rulers) as illustrated by problems in the areas of Monopoly of state power State creation Revenue allocation Federal character

Nevertheless, already in 1967, the Federal Military Government of Nigeria acknowledged that

the failure of the Nigerian constitution at independence in 1960 to recognize the strong desires of the minorities and other communities for self-determination affected the balance of power at the centre, and that this deep-seated imbalance “plagued” the first Republic throughout its life’ (FMG 1967)

The « Federal Character » Principle « Federal character" -- defined in the 1979 Constitution as

The distinctive desire of the people of Nigeria to promote national unity, foster national loyalty and give every citizen of Nigeria a sense of belonging to the nation.“

Sections 14 (3–4) of the 1999 Constitution

The composition of the Government of the federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few states or from a few ethnic or other sectional groups in that Government or in any of its agencies.

The composition of the Government of a State, a local government council, or any of the agencies of such government or council, and the conduct of the affairs of the government or council or such agencies shall be carried out in such manner as to recognize the diversity of peoples within its area of authority and the need to promote a sense of belonging and loyalty among all the peoples of the Federation.'

The Federal Character at work The army

The quota system (1958) – only in nonofficer ranks The quota system (1961) – extended to officer ranks Section 197 (2) of the 1979 Constitution The Armed Forces Service Commission The federal character in practice

The Federal Civil Service 1954 – Creation of State Civil Services 1966 – FCS assumes greater salience

The Udoji Commission (1974) 1974 – The case for regional representation in the FCS

Ad hoc transfers of senior civil servants from states to FCS FCS regulation on recruitment in federal agencies working outside teh federal capital

The Civil Service (Reorganisation) Decree (Decree no. 43, 1988) Adherence to the Federal Character Principle at entry level Promotion on the basis of experience, performance, good conduct, qualification,

training, performance at interview and relevant examination where appropriate

The distribution of powers

Exclusive and concurrent powers The central government has exclusive power over

68 areas including defence, internal security, foreign affairs, commerce, banking, natural resources, customs, nuclear energy, transportation and communications.

The states have powers over 38 areas including state public order, intra-state trade and commerce, state health policy, science and technology, state highways and public transit.

The Concurrent legislative list includes 12 items such as antiquities and monuments, archives, electoral laws.

From theory to practice

Decision rules The federal level has paramountcy in case of

conflict Residual powers belong to the states

The issue of state capacity Vast asymmetries between states in education Vast asymmetry in resources between states and

center

The residual impact of centralisation of powers Chief Justice decision (2000) about payment of all

federal and state judicial officers by the Federal government

Oil and gas in Nigeria

Oil and gas in Nigeria

Daily Crude Oil Output (2006): 2.1 Million Barrels

Proven Oil Reserves: 34 Billion Barrels (World = 1.025 Trillion)

Proven Natural Gas Reserves: 4 Trillion Cubic Meters (World = 161.2 Trillion)

Gross Domestic Product - Per Person: $ 694

Economic Growth (1980-2002): 2% annually

Petroleum’s share of Government Revenue = 76% Export earnings = 95% GDP = 33%

Legal and Constitutional Provisions 1969: The Petroleum Act

Vested the Federal state with “the entire ownership of all oil and gas within any land in Nigeria, as well as under its territorial waters and continental shelf”

The « Derivation » Principle 1960/1963 Constitutions: 50% of revenue to the States 1975, Decree Six: 80% to the Federal Government, 20% to the States 1978 Land Use Act: derivation expunged in favour of the principle of

equality of states (with land and mass poppulation as important criteria) Into the 1990s: successive military decisions lower the States’ share to

3% States 1999 Constitution: 13% of revenue to the States; creation of the Revenue

Mobilisation, Allocation and Fiscal Commission 2002 Supreme Court decision on the Continental Shelf October 2002 National Assembly Bill erasing onshore/offshore distinction

The Niger Delta Problem

The Niger Delta Development Commission Established in 2001 To alleviate the ecological and developmental

problems of the oil-bearing communities The Report of the Special Committee on Oil

Producing Areas An admission of government failure

Resource allocation vs Resource control Institutional capacity and accountability Democratic checks and balances at the levels

of the States and the Local Government Areas

Concluding thoughts

1809 Single Islamic state - Sokoto caliphate - is founded in north. 1861-1914 Britain consolidates its hold over what it calls the Colony and Protectorate of Nigeria, governs by "indirect rule" through local leaders. 1922 Part of former German colony Kamerun is added to Nigeria under League of Nations mandate. 1954 Adoption of a federal constitution and the establishment of one central government and three

regional governments. The central government was under a British governor-general, while

each regional government had a Nigerian premier and a British governor1957 Eastern and Western regions become self-governing; the premier of each region assumed full

executive powers. A Nigerian, Abubakar Tafawa Balewa, is appointed to head the national government; a British governor-general is maintained as head of state.1959 Northern region becomes self-governing1960 Independence. A Nigerian, Nnamdi Azikiwe, becomes governor-general.1962-63 Controversial census fuels regional and ethnic tensions. The census is aborted in 1962. Repeat of census exercise in 1963; compromise agreement over controversial census figures. Adoption

of a republican (federal) constitution: the British Queen ceases to be the formal head of state, and Azikiwe continued to serve as head of state with the new title, president of the Federal Republic of Nigeria. A new region, the Mid-West Region, is created, making Nigeria a federation of four regional governments.1966 January - Balewa killed in coup. Major-General Johnson Aguiyi-Ironsi heads up military administration. In July, Ironsi is overthrown and Yakubu Gowon becomes head of the Federal Military Government.

1967 Establishment of a twelve-state federal structure with the Northern Region reconstituted into

six states and the three southern regions also into six states. Three eastern states secede as the Republic of Biafra, sparking bloody civil war. 1970 Biafran leaders surrender, former Biafran regions reintegrated into country. 1973 Another controversial census exercise; the provisional results announced in 1974 were canceled in 1975.1975 Gowon overthrown, flees to Britain, replaced by Brigadier Murtala Ramat Mohammed.1976 Mohammed assassinated in failed coup attempt. Replaced by his deputy, Lieutenant-General Olusegun Obasanjo, who helps introduce American-style presidential constitution. Local governments are formally established as a third tier of government. Local government elections are held in December. Abuja is designated the new Federal Capital Territory. 1978 Adoption of a new presidential (federal) constitution, to become operational in 1979, and

commonly referred to as the 1979 Constitution.1979 Installation of civilian governments at the federal and state levels, following competitive

party elections involving five parties: the Great Nigeria People's Party; the Nigeria People's

Party; the National Party of Nigeria; the People's Redemption Party; and the Unity Party. Elections bring Alhaji Shehu Shagari to power. 1983 Competitive party elections at the state and federal levels. Shagari is reelected president amid accusations of irregularities.1983 December - Major-General Muhammad Buhari seizes power in bloodless coup. 1985 Ibrahim Babangida seizes power in bloodless coup, curtails political activity, and is the first military leader to assume the title of President.1986 Controversy over Nigeria's membership in the Organization of Islamic Conference (OIC).

1987 Creation of two new states, one in the North and the other in the South.1989 Creation of 149 additional local governments, bringing the total to 453.1990 Abortive coup d'état. Coup-makers seek to play up ethnoreligious and regional differences

by purporting to temporarily excise five Muslim Northem states from the federation.1991 Creation of nine new states, four in the South, two in the Middle-Belt, and three in the far

North. 136 new local governments are also created. Nigeria becomes a thirty-state federation with 589 local governments. 1993 June - Military annuls elections; preliminary results show victory by Chief Moshood Abiola. 1993 August - Power transferred to Interim National Government. 1993 November - General Sani Abacha seizes power, suppresses opposition. 1994 Abiola arrested after proclaiming himself president.1998 Abacha dies, succeeded by Major-General Abdulsalami Abubakar. Chief Abiola dies in custody a month later. 1999 Parliamentary and presidential elections. Olusegun Obasanjo sworn in as president. 2000 Adoption of Islamic, or Sharia, law by several northern states. Tension over the issue results in hundreds of deaths in clashes between Christians and Muslims. 2001 Tribal war in Benue state, in eastern-central Nigeria, displaces thousands of people. 2002 February - Some 100 people are killed in Lagos in clashes between Hausas from mainly-Islamic north and ethnic Yorubas from predominantly-Christian southwest. City's governor suggests retired army officials stoked violence in attempt to restore military rule. 2002 November - More than 200 people die in four days of rioting stoked by Muslim fury over the planned Miss World beauty pageant in Kaduna in December.

2003 12 April - First legislative elections since end of military rule in 1999. Polling marked by delays, allegations of ballot-rigging. President Obasanjo's People's Democratic Party wins parliamentary majority. 2003 19 April - First civilian-run presidential elections since end of military rule. Olusegun Obasanjo elected for second term with more than 60% of vote. Opposition parties reject result. EU poll observers cite "serious irregularities". 2003 August - Inter-communal violence in the Niger Delta town of Warri kills about 100, injures 1,000. 2004 May - State of emergency is declared in the central Plateau State after more than 200 Muslims are killed in Yelwa in attacks by Christian militia; revenge attacks are launched by Muslim youths in Kano. 2004 August-September - Deadly clashes between gangs in oil city of Port Harcourt prompts strong crackdown by troops. Rights group Amnesty International cites death toll of 500. 2005 July - Paris Club of rich lenders agrees to write off two-thirds of Nigeria's $30bn foreign debt. 2006 January onwards - Militants in the Niger Delta attack pipelines and other oil facilities and kidnap foreign oil workers. The rebels demand more control over the region's oil wealth. 2006 February - More than 100 people are killed when religious violence flares in mainly-Muslim towns in the north and in the southern city of Onitsha. 2006 April - Helped by record oil prices, Nigeria becomes the first African nation to pay off its debt to the Paris Club of rich lenders. 2006 May - The Senate rejects proposed changes to the constitution which would have allowed President Obasanjo to stand for a third term in 2007. 2007 April - Umaru Yar'Adua of the ruling People's Democratic Party is proclaimed winner of the presidential election.

The Architecture of the Federation

Federal Government

The Executive Elected President; Vice-President Cabinet: The Federal Executive Council

The Legislative: The National Assembly The Senate

109 members (3 per state + 1 FCT representative)

Elected for 4 year-terms in 36 three-seat constituencies + FCT

The House of Representatives 360 seats Elected for 4-year terms in single seat

constituencies Distributed according to the demographic

weight of each state

State Government

The Executive The Governor

The Legislative: The State House of

Representatives

The Local Government Areas Local Government Councils

Chairman: Chief Executive of the LGA

Councillors