Nigeria MJZ Jan08

7/28/2019 Nigeria MJZ Jan08

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NIGERIAS FEDERALEXPERIENCE

Selected issues

Rpblikk NajrRepublik Nijeriya

Republic nde NaigeriaRepublik Federaal buNiiseriya Federal Republic of

Nigeria


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Outline

Introductory remarks

Selected issues States and local governments in the Federal

Republic of NigeriaUnity and diversity

Sharing power at the center

Distribution of powers between the two orders of

governmentOil and gas in the context of fiscal federalism

Concluding thoughts


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Introductory remarks


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Nigeria and Iraq: A briefcomparison

British colonial history

Troubled post-independence politicalhistory

Rich in oil and gas

Ethnically, religiously,

culturally, geographicallydiverse

Experienced a war ofsecession and episodes ofcivil war

British colonial history

Troubled post-independence politicalhistory

Rich in oil and gas

Ethnically, religiously,

culturally, geographicallydiverse

Experienced aninsurgency, inter-stateconflicts and wide-scale

internal violence

Nigeria Iraq


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Why and how:the logic of Nigerian federalism

Three rival pluralities: the plurality of economic and geographic regions, theplurality of ethnic nationalities, and the plurality of colonial administrativetraditions.

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


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Willink Minorities Commission Map (1957-1958)


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Nigeria under Britishadministration


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Why and how:the logic of Nigerian federalism (2)

At independence, Nigeria was a federation of threemember-states.

The Nigerian federation is multinational or multiethnic.

Nigeria's extensive geographic size has usually beencited as an important factor for understanding themaking of Nigerian federalism.

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


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Major ethnolinguistic groups inNigeria


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An experiment in fragmentation

States and local governments


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Regions and governorates

The constituent units have not been delimited asnational or ethnic states

Successive military leaderships have taken

liberties in redrawing the boundaries of thestates From three to thirty-six

The logic of fragmentationA means to access national appointments, fiscal and other

resourcesA way of rewarding local officers by creating public offices

The negative impact of regionalisation The increase in ethnic consciousness

The lack of popular consultation


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Ethnic group and stateboundaries


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Three regions (1954-1963)


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A fourth region (1963-1967)


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Twelve States (1967-1987)


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Twenty-one states (1987-1991)


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Thirty states (1991-1996)


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The 36 states of Nigeria (1996-)

tt t


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utt ng an en to ger anfragmentation?

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 Houseof 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


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Unity and Diversity


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A task that must be done

The Biafra war

In Nigerian politics, political engineering along

rigid ethnic-national lines is regarded withgreat suspicion.

1999 Constitution: Chapter 1 - Article 2(1)

Nigeria is one indivisible and indissolublesovereign state to be known by the name of theFederal Republic of Nigeria.


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Language policies

English has been maintained as the countrys

official language

The constitutions of 1979 and 1989 provide forthe development and diffusion of the threemajor indigenous languages

Federal government decision at the turn of the1990s to adopt mother-tongue education in 27languages


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The impact of military rule

Sharing power at the center


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Phases in Nigerias Federal Practice

Phase Type of Federal Comment

Government Practice

19541966 Colonial/civilian Strong Functioned fullydespite imperfections

19661979 Military Weak Over-centralization of

Public Policies

19791983 Civil Rule Weak Imitation ofUnitarist

tendencies of the military

19831998 Military Very weak Over-centralization ofPublic Policies

1999 Civil Rule Strong Slow in adjustingto

democratic practice

Source: Osita A bu Reinventin Federalism in Post-Transition Ni eria: Problems and Pros ectsAfrica Develo ment


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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 areasof Monopoly of state power

State creation Revenue allocation

Federal character

Nevertheless, already in 1967, the Federal Military Government ofNigeria acknowledged that

the failure of the Nigerian constitution at independence in 1960 torecognize the strong desires of the minorities and other communities forself-determination affected the balance of power at the centre, and thatthis deep-seated imbalance plagued the first Republic throughout itslife (FMG 1967)

Th F d l Ch


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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 andgive every citizen of Nigeria a sense of belonging to the nation.

Sections 14 (34) of the 1999 Constitution

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

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


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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


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The distribution of powers

E l i d t


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Exclusive and concurrentpowers

The central government has exclusive power over68 areas including defence, internal security,foreign affairs, commerce, banking, natural

resources, customs, nuclear energy,transportation and communications.

The states have powers over 38 areas includingstate public order, intra-state trade and

commerce, state health policy, science andtechnology, state highways and public transit.

The Concurrent legislative list includes 12 itemssuch as antiquities and monuments, archives,

electoral laws.


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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 Federalgovernment


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Oil and gas in Nigeria


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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

Petroleums share of Government Revenue = 76%

Export earnings = 95%

GDP = 33%

L l d C tit ti l


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Legal and ConstitutionalProvisions 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 continentalshelf

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 ofequality of states (with land and mass poppulation as important criteria)

Into the 1990s: successive military decisions lowerthe States share to3% States

1999 Constitution: 13% of revenue to the States; creation of theRevenue Mobilisation, Allocation and Fiscal Commission

2002 Supreme Court decision on the Continental Shelf

October 2002 National Assembly Bill erasing onshore/offshoredistinction


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The Niger Delta Problem

The Niger Delta Development Commission Established in 2001

To alleviate the ecological and developmentalproblems of the oil-bearing communities

The Report of the Special Committee on OilProducing AreasAn admission of government failure

Resource allocation vs Resource control Institutional capacity and accountability

Democratic checks and balances at the levels of theStates and the Local Government Areas


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Concluding thoughts


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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, governsby "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, whileeach regional government had a Nigerian premier and a British governor

1957 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 nationalgovernment; 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 federationof four regional governments.1966 January - Balewa killed in coup. Major-General Johnson Aguiyi-Ironsi heads up militaryadministration. In July, Ironsi is overthrown and Yakubu Gowon becomes head of theFederal Military Government.

Timeline: Nigeria (1)


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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 secedeas 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 werecanceled 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 presidentialconstitution. Local governments are formally established as a third tier of government. Localgovernment elections are held in December. Abuja is designated the new Federal CapitalTerritory.

1978 Adoption of a new presidential (federal) constitution, to become operational in 1979, andcommonly referred to as the 1979 Constitution.

1979 Installation of civilian governments at the federal and state levels, following competitiveparty 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 presidentamid 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).



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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'tat. 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-statefederation 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 incustody 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 issueresults in hundreds of deaths in clashes between Christians and Muslims.2001 Tribal warin 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 suggestsretired army officials stoked violence in attempt to restore military rule.2002 November - More than 200 people die in four days ofrioting stoked by Muslim fury over the

planned Miss World beauty pageant in Kaduna in December.


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2003 12 April - First legislative elections since end of military rule in 1999. Polling marked bydelays, 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. OlusegunObasanjo 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 200Muslims 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 promptsstrong 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 debtto the Paris Club of rich lenders.2006 May - The Senate rejects proposed changes to the constitution which would have allowedPresident 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


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The Architecture of theFederation

Federal Government

The Executive

Elected President; Vice-President

Cabinet: The Federal ExecutiveCouncil

The Legislative: The NationalAssembly

The Senate

109 members (3 per state + 1 FCTrepresentative)

Elected for 4 year-terms in 36 three-seatconstituencies + FCT

The House of Representatives

360 seats

Elected for 4-year terms in single seatconstituencies

Distributed according to the demographic

i ht f h t t

State Government

The Executive The Governor

The Legislative: The State House of

Representatives

The Local Government Areas Local Government Councils

Chairman: Chief Executive ofthe LGA

Councillors

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Nigeria MJZ Jan08