By Chukwudi Nweje
Seven months into President Bola Tinubu’s administration, pro-democracy activists and advocates of fiscal federalism are eager to see what he would do regarding Nigeria’s quasi federal structure. The expectation is following his antecedents and activities before he won the 2023 presidential election.
Section 2 (1) and (2) of the 1999 Constitution of the Federal Republic of Nigeria says, “(1) Nigeria shall be one indivisible and indissoluble Sovereign State to be known by the name of the Federal Republic of Nigeria.
“(2) Nigeria shall be a Federation consisting of States and the Federal Capital Territory, Abuja”.
However, political analysts and advocates of true fiscal federalism have argued for years that this section of the constitution is a lie; even as the constitution was imposed by the military with little or no input from the people and therefore does not reflect the wishes and desires of the citizens.
The argument is that in practice, Nigeria leans more towards a Unitary system than a federal system.
It is worthy of note that in an ideal federal system, the constituent units of the federation have some degree of autonomy even as there is considerable devolution of power to the constituent parts.
In contrast, under the 1999 constitution of the 98 legislative powers of the government listed in the Second schedule of the constitution, 68 are in the Exclusive legislative list; that means items that only the Federal Government can make laws on those subjects, while 30 are in the Concurrent legislative list, meaning areas where both the federal and state governments can make laws.
While the constitution shared the legislative powers of government between the federal and state governments respectively in the Exclusive and legislative lists, though to the disadvantage of the states, the same constitution says that where the National Assembly and House of Assembly of a State legislate on any matter in the Concurrent Legislative List and there is a conflict or an inconsistency between a law passed by the National Assembly and that passed by a State House of Assembly, the law passed by the National Assembly will prevail. Consequently, the law passed by the State House of Assembly on the same matter, would be void to the extent of its inconsistency with the law passed by the National Assembly.
Analysts argue that this in effect, means that all the legislative powers of Nigeria practically derive from the Federal Government as is the practice in a Unitary system of government.
Thus, activists have for years continued to agitate for the country be returned to a truly federal structure, something similar to what the country had in 1963, prior to the military intrusion into politics in 1966.
Under the 1963 Republican Constitution, though Nigeria operated a parliamentary democracy modelled along the British lines, it had a federal constitution that guaranteed a large measure of autonomy to three (later four) regions.
The autonomy of the then four regions the Northern region, the Eastern region, the Western region, and, the Mid Western region was abolished after the military coup of 1966, via the enactment of the Unification Decree number 32 of 1966.
Since then, although the country had enacted the 1979 constitution and the subsisting 1999 constitution with its amendments, the federal structure that existed prior to the military intrusion was not restored.
Many activists hoped that the inauguration of Tinubu as President and Commander-in-Chief of the armed forces of the Federal Republic of Nigeria on May 29, 2023, will mark the beginning of the process to right all the wrongs in Nigeria’s federal system.
Tinubu is reputed to be a long-standing advocate of restructuring and fiscal federalism. He proved his mettle as a federalist in his role as a leading figure in the National Democratic Coalition (NADECO), one of the groups that fought to restore democratic rule in Nigeria, and as governor of Lagos State when he pushed for the semi-independent status of the state by among other things, creating additional local government areas in the state and trying to generate electricity for the state.
But, seven months after assuming office, it appears that Tinubu is in a mire. Analysts cannot but wonder whether the president would live up to his pro restructuring and federalist credentials or whether he would try to be politically correct and avoid the topic.
Remember your roots, restructure now
Among those who have been left confounded is the pan Yourba socio-political and cultural organisation, Afenifere, an organisation to which Tinubu also belongs.
The organisation has written a letter to Tinubu, urging him to remember his roots as an activist and “not forget what needs to be done, how to do it, and the need to do it on time.”
In a communique issued at the end of the organisation’s recent caucus meeting at the Akure residence of its leader, Pa Reuben Fasoranti,
in November 2023, the organisation said, “Afenifere resolved that the push for restructuring in Nigeria should be taken to President Bola Ahmed Tinubu, who was a key participant in the struggle against military rule and agitation for a restructured Nigeria.
“The meeting acknowledges that although he is a member of the Vanguard in the quest for a new Nigeria, there is the need to remind him, so that he does not forget what needs to be done, how to do it – and doing it on time too”.
The communique signed by its National Publicity Secretary, Jare Ajayi, also stated that the demand for restructuring had been taken directly to the president’s desk.
Prove you’re a true federalist activist
Presidential candidate of the Social Democratic Party (SDP) in 2023, Prince Adewole Adebayo said the time is right for Tinubu to prove that he is a genuine federalist activist and not one pretending for political convenience.
He said, “it is a matter for President Tinubu to decide whether to prove by his actions and decisions that he is a genuine federalist activist, who truly believed in what he was advocating, or whether he is just another hypocrite exploiting an empty mantra of ‘true federalism’ as a mere ruse to seek political advantage.”
Adebayo said that regardless of the provisions of the subsisting 1999 constitution, which Tinubu swore his oath of office and oath of allegiance as President and Commander-in-Chief, that Tinubu could still push for the restructuring of Nigeria within the law.
He said, “Federalism is about the degree of power sharing amongst the different levels of government in a polity. Everyone is enjoined to uphold the constitution as it is and as amended.
“Amendment is inherently legitimate as enshrined in the Constitution. The duty to uphold the constitution is not inconsistent with constitutional amendment.”
Restructuring is key to Nigeria’s greatness
For founder, Igbo Youth Movement (IYM), Evangelist Elliot Ugochukwu Uko, the future greatness of Nigeria is being hindered by those opposed to restructuring of the polity.
He said that those discreetly opposed to the restructuring of Nigeria are the major problem of the country.
He said, “They do not realise that they are holding down the future and greatness of the country. They are self-centred folks who benefit from and enjoy this current obtuse 1999 military constitution. They are scared they may lose their pre-eminent position in the case of any re-arrangement.
“They block and oppose any reconstruction of the polity in order to protect what they perceive as their interests. But they are so wrong. They hail from the six zones of the country. They see Nigeria as their patrimony. We will not give up pleading with them to have mercy and release Nigeria for development and progress.
“Restructuring Nigeria remains the only route to making Nigeria great. There’s no other way. The advocacy to restructure Nigeria is not a hundred metres dash; it’s a long-distance marathon.”
Not just restructuring but patriotic, honest leadership
A lawyer as well as public affairs analyst, Adebayo Adeolu noted that while Tinubu was known to be a democrat and had always advocated for true federalism, that what he did as an activist and what he would be willing to do as President and Commander-in-Chief could differ.
He also argued that Nigeria’s problems are not rooted in the nature of federalism it practises but in the lack of “good leadership and competent patriotic statesmen” which he said are the “qualifications that make a nation great.”
He said, “Federalism is a system of government invented by the Americans and many countries around the world try to copy it.
Federalism is the sharing of power between a national government and the states that reside within its borders. The government is responsible for creating and enforcing the rules of society. Federal system of government is more successful and viable where there is ethnic and cultural diversity.
“Nigeria continues to speak about true federalism but this is not the problem with Nigeria, nor is the constitutional laws the problem. The constitution is a written document that can be amended from time to time where the government finds flaws, but amendment of the 1999 constitution has hardly been considered or taken seriously.
“The problem Nigeria has is the absence of good leadership and competent patriotic statesmen which are the qualifications that make a nation great; it is not the system of government.
“The President has always been a strong believer in true federalism where the three arms of government are allowed to work independently without hindrance from other arms. From his days as a member of NADECO where they fought for the restoration of the June 12 Mandate of Chief MKO Abiola that had been annulled by Gen Ibrahim Babangida to his position as a democratically elected governor of Lagos State, Tinubu had always supported civil rule and democratic election in the country, and has been one of the strong advocates of resource control and State Police in Nigeria. “However, now that he has successfully emerged president in a very keenly contested and controversial election, the nation is watching his style of governance, they are keenly observing how he would deal with many of the controversies plaguing Nigeria.
“What are the measures and steps he would take in dealing with the crisis going on in Nigeria? Would he use democratic measures or would he descend into the use of force like other dictators had done in the past?
“How would he tackle the security problem where the reign of terror, banditry, kidnapping and killings still raging in the North East, Middle Belt and South East? How does he intend to deal with the terrorist burning down villages in many parts of Nigeria? People are waiting to see if he would introduce State Police or would he continue with the status quo,” Adeolu said.
Last line
Whatever the case, analysts agree that Nigeria’s greatness lie not only in restructuring and fiscal federalism, but also in having a crop of honest. competent and committed leaders whose motivation for public office is service to the people and not self-aggrandisement.
Critical observers argue that the First Republic Nigeria was great not just because the country practised true federalism but Nigeria was great under the First Republic because the leaders of the time – Dr Nnamdi Azikiwe, Chief Obafemi Awolowo, Sir Ahmadu Bello, Alhaji Abubakar Tafawa Belewa among others were selfless politicians who had people-centered policies.