How constitution review can foster true federalism’

Regionalism

The idea of re-introducing the regions into the structure of the Nigerian polity at this point in time is retrogressive, expensive and out-of-tune with the general thinking in a modern Nigeria. It is like dragging us 50 years back from this period (i.e. To the beginning of political administration in Nigeria). If regionalism, now being canvassed by THE PATRIOTS, was tabled before the various Constitutional Conferences in the 1950’s, the idea would have received some favourable consideration, and a lot of changes would have gone into whatever might have been agreed at that time such that the Nigeria of 2000 will definitely not be what it is now nor what THE PATRIOTS are proposing.

THE PATRIOTS’ membership has many varied senior citizens of Nigeria, and also highly learned experienced and resourceful materials this country can boast of any day. They are all eminent Nigerians. We are also privileged to have in THE PATRIOTS men who have been involved in the drafting of our constitutions in the past. There is nothing

I may say about the past that will be strange to them. It is an undisputable fact that Nigeria has not witnessed a stable democratic rule since 1966.

But during this period, the political emancipation gained by the various ethnic groups through the creation of states and local government councils has become not only part of our history, but also part of the everyday life of these people to which they are pathologically attached. If the new constitution is for these same people, then it must be fashioned to recognise the reality on the ground, that is, the local independence enjoyed by all since 1960, which has brought a lot of physical development into areas, hitherto neglected because of their ethnic or tribal chauvinism.

A simple example:

Going by THE PATRIOTS’ proposal, we are to have six (6) regional capitals;

Viz. –

• JOS for North-Central

• MAIDUGURI for Northeast

• KADUNA for Northwest

• ENUGU for Southeast

• PORT-HARCOURT for

    South-South

• IBADAN for Southwest

So, – the people of Lagos whose control had always been from Lagos and who only had the other parts of the Colony Province ceded to it to become Lagos State 33 years ago, will now report to a Regional Capital in Ibadan (over 125 kilometres away). – or the Edo/Delta people whose entire life had been with the West and who got ‘Independence’ in 1963 to be where they are today to now report to a Regional Capital in Port Harcourt; – or the ‘Sharia’ Niger, to report to a Regional Capital in Jos of Plateau State; etc.

The same scenario can be repeated for all the 36 States and the 768 local government councils.

If the proposals of THE PATRIOTS are adopted, the following Administrative Set-ups will emerge in the 36 States:

Maybe, the Judiciary will be spared in this highly expensive venture.

The multiplier effect of creating the various new positions in the New Regions as shown above will be such that the cost of keeping the machinery of administration going may not even be available, not to talk of any state or region having fund left for capital projects. We must not deceive ourselves: no new Regions or any existing state will want to operate without having in place a minimum of the positions listed above.

All these personnel who are only at the apex of government administration will need the basic administrative infrastructure (vehicles, office and residential accommodation, furniture, equipment, etc.) to be able to function. N30, 000.00 minimum wage for the workers is today a problem for some States in the Federation!

If only for the cost implication, Regionalism should be jettisoned. It is unprogressive, very expensive and not in consonance with the state of political, economic and social development of the Nigerian people. I plead with The Patriots to have a second look at the proposal again.

What is sauce for the goose is sauce for the gander. We must go the whole hog.

• Note: It is necessary to point out that the substitution of “Police Service Commission” for “Nigeria Police Council” in The Patriots’ new Section 216(E) is a misnomer: The appropriate body to delegate function in respect of ‘powers’ is the Police Council not Police Service Commission.

1. Early History of Local Government System in Nigeria Between 1937 and 1952 the Northern and Southern Nigeria operated what was known as Native Authority (NA) which has its own courts and police to administer at the grassroots level. While this system changed in the Western and Eastern parts of Nigeria in the early 50s, it continued in the Northern part until after independence.

A summary of the practice in the four regions then was as follows:

1.1 The Lagos, Midwestern and Western States.Related News

There was a close similarity between the Local Government arrangements in the Lagos, Midwestern and Western States as the areas of these States except the city of Lagos were all formerly part of the Western Region of Nigeria. The common Local Government law provided for a three-tiered structure comprising Divisional, District and Local Councils although, in practice, only a one-tier system was found in most parts of these States and, in other areas, there were never more than two-tiers of Local Government.

Lagos City Council was in a special category being governed by a separate enactment, the Lagos Local Government Act 1959. Outside Lagos, the intention of the Local Government law was that a Divisional Council should be superior to a Local Council. In fact, the Divisional Council was the rating authority for Local Councils in its area of jurisdiction while the District Council was really not under the Divisional Council, only less in status, but was also a rating authority.

A further development in Lagos State in 1971 saw the scrapping of the three-tiered structure and gave way to an All-purpose District Councils structure for all the council areas as a result of the recommendations of Ogunnaike Report on The Tribunal of Inquiry into Re-organisation of Local Government Councils in Lagos State which the State Government accepted.

1.2 The East-Central, Rivers and South Eastern States.

These three States were what constituted the then Eastern Nigeria and had a common form of Local Government.

In the rural districts, there was a two-tiered structure comprising County Councils and Local Councils. The largest urban centres had Municipal Councils, and other urban centres were administered by Urban County Councils. These two types of urban local authority were regarded as being the same level of local administration as the County Council. However, the non-urban County Councils had supervisory powers over Local Councils within their area of jurisdiction.

1.3 The Benue-Plateau, Kano, Kwara, North Central, North Eastern and North Western States.

The six States whose areas formed what used to be known as the Northern Region of Nigeria retained many common features in their systems of local government. Formerly, all local governments were designated Native Authority (NA), but this title was retained at that time in North Western and North Eastern States. Kano and Kwara had constituted “Local Government Authorities”; Benue-Plateau had set up “Local Administrations’ and North Central had also set up ‘Local Authorities.”

In the former Northern Region, a three-tiered and, sometimes, four-tiered structure of local government was in operation consisting of the Native Authority, District Council, and Village or Village Group Councils.

1976 Local Government Reform

The scenario above was what could be called the system of Local Government administration in Nigeria before 1976.

In 1976, the Military Administration decided on a single local government system for Nigeria on the basis of Dasuki’s Report. It approved that the designation of a local government unit of operation should be: “Local Government Council” and went ahead to decree the number for each State of the Federation. It also saw to it that elections were held into the new council areas in December, 1976 and they all took off in January, 1977.

1979 and 1983 (The Civilian Era)

The 1979 Constitution vested the creation of Local Government Councils in the State Government. Many of the 19 States then created new local government areas. (Lagos State was created into 23 LGAs). But when the Military took over on December 31, 1983, it reverted the number of local government councils in the country to its pre-1979 number. (Accordingly, Lagos State was reverted to 8 LGAs).

1984 to Date

Between 1984 and now, all the changes in number of local government areas in Nigeria were made by the Military by Decree.

Up till 1996, additional local government areas were created without the input of the Nigerian people: only the successive Military Administrations conceptualized and decided on the various increases.

In 1995/96, the Abacha Regime set up a high powered committee on creation of new local government areas. The committee worked hard for over a year and submitted a report with recommendations. But in the usual manner of that time, the report was jettisoned and the Government announced a 30% increase across the board of existing local government areas in each State of the Federation to further worsen the existing injustice in the distribution among States. For example, Lagos with almost the same population as Kano moved from 15 to 20 while Kano moved from 34 to 44, creating further inequity out of the existing inequality. (Emphasis is mine).

The 1996 review gave Nigeria a total of 774 local government council areas (6 of which were created for the Federal Capital Territory, Abuja).

Since 1976, no civilian administration has successfully created additional local government areas in Nigeria.

The Way Forward (Recommendations) We all know that local government system is a sine qua non to the development of the grassroot in our various communities. But to remind us and bring the matter close to our chest, I quote below an excerpt from Chief Obafemi Awolowo’s contribution to the debate on the second reading of a Local Government Bill in 1952 in the Western House of Assembly:

“The importance of local government in any political set-up cannot be over- emphasised. It is the foundation on which the massive and magnificent superstructure of State, Region or Central Government, is erected. It is the training ground in political awareness and civic responsibility for a much larger number of public-spirited citizens than can ever have room to operate on the

Regional or National levels. Its day-to-day doings directly affect those who live within its jurisdiction, for better or for worse. Indeed, it is the most effective agency by means of which Regional or State Government ministers to the basic needs, welfare and general well-being of the citizens.” End of quote.

It has therefore become imperative for us to take the bull by the horn by terminating the iniquity created by inequitable distribution of local government areas in Nigeria (see Annexure) and erecting through amendment of the relevant sections of the 1999 Constitution a more equitable local government superstructure that will enable us “to minister to the needs, welfare and general well-being of our citizens”.

I propose the following actions on the sections of the 1999 Constitution listed hereunder as my recommendation to right the wrong of over four decades in Nigeria in the matter of Local Government Administration:

In summary, my recommendation is that Local Government creation, structure, finance and administration should be made exclusive function of the State Governments. I also suggest that Sections 7 and 162 can be further strengthened to accommodate stiff sanctions in order to ensure compliance by the Governors of laws enacted by the State Houses of Assembly relating to sharing of allocations.