NOTES ON NIGERIAN GOVERNMENT AND POLITICS
Department of Political Science and Public
Administration
Adekunle Ajasin University, Akungba-Akoko
MPA 705 (Nigerian Government and Politics) Course Outline
Introduction
The overall aim of this course - Nigerian government and politics, is to expose you to the nuances of politics and administration in Nigeria since the pre-colonial era. The course also aims to acquaint you with the contending issues in Nigerian government and politics as well as Nigeria’s economic development efforts.
Topics
1. Historical Background of Nigerian Government and Politics
2. Pre-Independence Constitutions or Constitutional Development in Nigeria (I).
3. Independence and Post-Independence Constitutions or Constitutional Development In Nigeria (II)
4. Military Rule in Nigeria
5. Revenue Allocation in Nigeria
6. Federalism in Nigeria
7. Ethnicity, Religion and Political Instability in Nigeria
8. Public Administration in Nigeria
9. Local Government System in Nigeria
10. Nigeria’s Foreign Policy
Reading Texts
Nwankwo, B.C. (2002) Authority in Government: Nigeria and World Politics (Revised Edition), Onitsha: Abbot Book, Ltd.
Dibie, C.C. (2008). Essential Government. Ibafor, Ogun – State. Tonad Publishers, Ltd.
Ajayi, J.F. (2000). Tradition and Change in Africa in The Essays of J.F. Ade-Ajayi Trenton: Africa World Press.
Kolawole, D. (1998) (ed). Issues in Nigerian Government and Politics. Ibadan. Dekaal Publishers
Adamolekun, L. et al (1979). The New Local Government Systems in Nigeria: Problems and Prospect. Ibadan. Heinemann.
Ajayi, K. (2002). Theory and Practice ofh Local Government. Ado – Ekiti. University of Ado – Ekiti
Aguda, T.A. (1983). The Judiciary in the Government of Nigeria. Ibadan. New Horn.
Oluleye O. (1979). Military Leadership in Nigeria: 1966 – 1979,. Ibadan. University Press.
Oyediran, O. (1979) (ed). Nigerian Government and Politics under military Rule 1966 – 1979. Lagos Macmillan Publishers.
Akinyemi, B. et al (1979). Reading on Federalism Lagos. NITA Publisher Ltd.
Amuwo, K. et al (1998). (ed). Federalism and Political Restructuring in Nigeria. Ibadan: Spectrum Book Ltd.
Ukwu, I.U. (1987). (ed). Federal Character and National Integration in Nigeria. Kuru. NIPSS.
Akinyele, R.T. (1997). “The Growth of Nationalism and the Political Evolution of Nigeria” in Osuntokun, A. and Olukoju, A. (ed). Nigerian People and Cultures. Ibadan. Danitson Books.
Olusanya, G. et al (1986). The Fundamentals of Nigeira’s Foreign Policy and External Economic Relations” in Olusanya G. and Akindele R. (ed). Nigeria’s External Relations: the First Twenty – five years. Ibadan. University Press Ltd.
Adekunle Ajasin University, Akungba-Akoko
MPA 705 (Nigerian Government and Politics) Course Outline
Introduction
The overall aim of this course - Nigerian government and politics, is to expose you to the nuances of politics and administration in Nigeria since the pre-colonial era. The course also aims to acquaint you with the contending issues in Nigerian government and politics as well as Nigeria’s economic development efforts.
Topics
1. Historical Background of Nigerian Government and Politics
2. Pre-Independence Constitutions or Constitutional Development in Nigeria (I).
3. Independence and Post-Independence Constitutions or Constitutional Development In Nigeria (II)
4. Military Rule in Nigeria
5. Revenue Allocation in Nigeria
6. Federalism in Nigeria
7. Ethnicity, Religion and Political Instability in Nigeria
8. Public Administration in Nigeria
9. Local Government System in Nigeria
10. Nigeria’s Foreign Policy
Reading Texts
Nwankwo, B.C. (2002) Authority in Government: Nigeria and World Politics (Revised Edition), Onitsha: Abbot Book, Ltd.
Dibie, C.C. (2008). Essential Government. Ibafor, Ogun – State. Tonad Publishers, Ltd.
Ajayi, J.F. (2000). Tradition and Change in Africa in The Essays of J.F. Ade-Ajayi Trenton: Africa World Press.
Kolawole, D. (1998) (ed). Issues in Nigerian Government and Politics. Ibadan. Dekaal Publishers
Adamolekun, L. et al (1979). The New Local Government Systems in Nigeria: Problems and Prospect. Ibadan. Heinemann.
Ajayi, K. (2002). Theory and Practice ofh Local Government. Ado – Ekiti. University of Ado – Ekiti
Aguda, T.A. (1983). The Judiciary in the Government of Nigeria. Ibadan. New Horn.
Oluleye O. (1979). Military Leadership in Nigeria: 1966 – 1979,. Ibadan. University Press.
Oyediran, O. (1979) (ed). Nigerian Government and Politics under military Rule 1966 – 1979. Lagos Macmillan Publishers.
Akinyemi, B. et al (1979). Reading on Federalism Lagos. NITA Publisher Ltd.
Amuwo, K. et al (1998). (ed). Federalism and Political Restructuring in Nigeria. Ibadan: Spectrum Book Ltd.
Ukwu, I.U. (1987). (ed). Federal Character and National Integration in Nigeria. Kuru. NIPSS.
Akinyele, R.T. (1997). “The Growth of Nationalism and the Political Evolution of Nigeria” in Osuntokun, A. and Olukoju, A. (ed). Nigerian People and Cultures. Ibadan. Danitson Books.
Olusanya, G. et al (1986). The Fundamentals of Nigeira’s Foreign Policy and External Economic Relations” in Olusanya G. and Akindele R. (ed). Nigeria’s External Relations: the First Twenty – five years. Ibadan. University Press Ltd.
HISTORICAL
BACKGROUND OF NIGERIAN GOVERNMENT AND POLITICS
The historical background of Nigerian government and politics involves the pre- colonial era and the colonial era in Nigeria. The pre-colonial era is the period before the coming of the colonial masters to Nigeria while the colonial era is the period that colonial administration was established in the country (Nigeria). Before the advent of the European Colonial Masters on the coast of West Africa; there were various established systems of government referred to as traditional political systems in several parts of Nigeria and other parts of West Africa. These orderly advanced systems of government had all the organs of government established the principles of checks and characterizing some of them. Nigeria, prior to the imposition of the British colonial rule and carving the subsequent as a conglomeration of states, had about two hundred and fifty ethnic groups. Each of the ethnic groups maintained a different and independent system of administration. In this study, therefore, we shall limit our discussions to the three majority ethnic groups of Hausa – Fulani, Yoruba and Igbo in Nigeria.
The system of government of the old Oyo Empire (Yoruba land) in the period before 1800 was like most other kingdoms and empires that existed in Africa. It was monarchical in nature, based on the not too easy to run principle of checks and balances. It is therefore, total fallacious and misleading the view expressed that Africans had no system of government before their invasion of the African continent.
The colonial era, was the period British held sway in Nigeria. The scramble for and the partitioning of West Africa by the European powers acted as the genesis of the establishment of the colonial administration in West Africa. Apart from Liberia, the whole West African countries were under the rulership of Britain, France, Germany at some time and Portugal. These nations shared out West African countries as a result of its partitioning that took place during the Berlin Conference of 1884 and 1885.
In response to the call made at the 1890 Brussel Conference, the European nations that shared out West African countries, sent their officials to these territories for effective occupation and that was the commencement of the colonial rule in West Africa. Therefore, the period of 1885 to 1950s served as the period of colonial rule in West Africa. This period witnessed political and economic dehumanization for the people of West Africa. This explains why the colonial era has a great impact on the pattern of administration in Nigeria.
The historical background of Nigerian government and politics involves the pre- colonial era and the colonial era in Nigeria. The pre-colonial era is the period before the coming of the colonial masters to Nigeria while the colonial era is the period that colonial administration was established in the country (Nigeria). Before the advent of the European Colonial Masters on the coast of West Africa; there were various established systems of government referred to as traditional political systems in several parts of Nigeria and other parts of West Africa. These orderly advanced systems of government had all the organs of government established the principles of checks and characterizing some of them. Nigeria, prior to the imposition of the British colonial rule and carving the subsequent as a conglomeration of states, had about two hundred and fifty ethnic groups. Each of the ethnic groups maintained a different and independent system of administration. In this study, therefore, we shall limit our discussions to the three majority ethnic groups of Hausa – Fulani, Yoruba and Igbo in Nigeria.
The system of government of the old Oyo Empire (Yoruba land) in the period before 1800 was like most other kingdoms and empires that existed in Africa. It was monarchical in nature, based on the not too easy to run principle of checks and balances. It is therefore, total fallacious and misleading the view expressed that Africans had no system of government before their invasion of the African continent.
The colonial era, was the period British held sway in Nigeria. The scramble for and the partitioning of West Africa by the European powers acted as the genesis of the establishment of the colonial administration in West Africa. Apart from Liberia, the whole West African countries were under the rulership of Britain, France, Germany at some time and Portugal. These nations shared out West African countries as a result of its partitioning that took place during the Berlin Conference of 1884 and 1885.
In response to the call made at the 1890 Brussel Conference, the European nations that shared out West African countries, sent their officials to these territories for effective occupation and that was the commencement of the colonial rule in West Africa. Therefore, the period of 1885 to 1950s served as the period of colonial rule in West Africa. This period witnessed political and economic dehumanization for the people of West Africa. This explains why the colonial era has a great impact on the pattern of administration in Nigeria.
HISTORICAL ANALYSIS OF
NIGERIAN STATE: PRE-COLONIAL ERA (WESTERN, EASTERN AND NORTHERN NIGERIA)
In West Africa before the invasion of the continent by the European nations, there was established system of government referred to as traditional political system in several parts of Nigeria. These advanced and orderly systems of government had all the principal organs of government with established principles of checks and balances characterizing some of them. In Nigeria, prior to the coming of the Europeans and carving her out of a mixture of different states had about two hundred and fifty (250) ethnic groups. And each of the ethnic groups maintained a different and independent system of administration.
In this unit, therefore, we shall limit out discussions to the three majority ethnic groups of Yoruba, Igbo and Hausa – Fulani in Nigeria. The pre-colonial traditional/Political system of governments of these three ethnic groups is considered.
Pre-Colonial Political System in Yoruba Land
Historical Background
The Yorubas form a large group united move by language than culture. The Yorubas trace their origin to Oduduwa who was the founder of the Yoruba kingdom. Oduduwa had seven sons who later founded the first seven kingdoms of the Yoruba land and these kingdoms were united under a central leader known as Alaafin of Oyo. Hatred, jealousy, etc made the first seven kingdoms to split into fourteen new kingdoms and the central leadership now changed from the Alaafin of Oyo to Ooni of Ife who is the spiritual Head of the Yoruba. Oyo is regarded as the political headquarters of the Yoruba and was the most developed kingdom in the Yoruba traditional society and its administration is accepted as a model or a representation of the Yoruba. The king in Yoruba land is called Oba, the Yoruba kingdoms were headed by the Oba who must be a descendant of the Oduduwa. The Yorubas regarded Oyo as their political headquarters, the Oba of the Oyo kingdom has a special name known as the “Alaafin”
Political Administration
The political head of every Yoruba kingdom is Oba but that of the Oyo and Ife kingdoms are called “Alaafin” and “Ooni” respectively. The Alaafin as the political head of the Oyo kingdom is assisted by his son called Aremo, who is not allowed to succeed him immediately he dies. Oyomesi are the seven king makers headed by the Bashorun. The Oyomesi is stronger than the Alaafin and can overrule any decision made by the Alaafin which is not acceptable to it.
The other officials apart from the Aremo include:
1. Ilari:- He is the permanent adviser to the Oba
2. Bashorun:- He is the Chief Minister or Prime Minister of the Kingdom.
3. Baale”- He is the village Head of the administration of the villages
4. Kakanfo:- he is the commander of the kingdom Armed Forces.
The chiefs or Obas and the baale are not appointed by the Alaafin even though they receive his blessings.
There are certain limitations or checks and balances to the power of the Alaafin. The limitations include:-
i. If Alaafin disagrees with Oyomesi and Ilari, the only option open to him is to commit suicide
ii. Oyomesi could authorize the Bashorun to send empty calabash to Alaafin symbolizing rejection by the people. Alaafin is to commit suicide if this happens.
iii. Disloyal army commander could revolt.
The executive council members also formed the legislature. Laws made were executed by the Oba and his council of advisers.
The system of government in the traditional Yoruba society was a loose monarchical arrangement and highly democratic.
Judicial Administration
The Alaafin was the final court. Certain offences were regarded as serious offences, these include – murder, burglary,, land case, witchcraft, profaning the deities and homicide. This kind of offences that attract capital punishment is usually tried in the Oba’s palace or court. Minor offences such as family quarrels, exchange of abusive words, owing of debt were hand from the family level to the level where the parties involved were satisfied with the justice they have obtained. This does not go beyond the Oba’s court.
The age – grade usually referred to as the “Egbe” has the responsibility of implementing the decisions reached in the Oba’s court. For instance, if anybody is to be executed or imprisoned, it is their duty to carry out the instruction or order to the last letter.
Official Religion
The Yoruba official religion was the traditional religion. The Oba was to perform sacrifice from time to time or as the need arises. The essence of the sacrifice is to appease the Oduduwa the founder, ancestors and deities. He usually performs the sacrifice through some priests. The performance of this sacrifice is very important because it is the source of the Oba’s power, legitimacy, respect and the basis of unity, solidarity and the progress of the Yoruba people. For instance, if the Oba fails to fulfill these religious obligations the deities, ancestors and the Oduduwa might be angry and will cause pestilence, epidemics, drought, famine and calamities among the Yoruba people. Therefore, to prevent the gods from becoming angry, the Oba usually performs these sacrifices. Kwara as one of the Yoruba kingdoms and some parts of Oyo were conquered by the Jihadist of Usman Dan Fodio and converted from the traditional religion to Islam.
In West Africa before the invasion of the continent by the European nations, there was established system of government referred to as traditional political system in several parts of Nigeria. These advanced and orderly systems of government had all the principal organs of government with established principles of checks and balances characterizing some of them. In Nigeria, prior to the coming of the Europeans and carving her out of a mixture of different states had about two hundred and fifty (250) ethnic groups. And each of the ethnic groups maintained a different and independent system of administration.
In this unit, therefore, we shall limit out discussions to the three majority ethnic groups of Yoruba, Igbo and Hausa – Fulani in Nigeria. The pre-colonial traditional/Political system of governments of these three ethnic groups is considered.
Pre-Colonial Political System in Yoruba Land
Historical Background
The Yorubas form a large group united move by language than culture. The Yorubas trace their origin to Oduduwa who was the founder of the Yoruba kingdom. Oduduwa had seven sons who later founded the first seven kingdoms of the Yoruba land and these kingdoms were united under a central leader known as Alaafin of Oyo. Hatred, jealousy, etc made the first seven kingdoms to split into fourteen new kingdoms and the central leadership now changed from the Alaafin of Oyo to Ooni of Ife who is the spiritual Head of the Yoruba. Oyo is regarded as the political headquarters of the Yoruba and was the most developed kingdom in the Yoruba traditional society and its administration is accepted as a model or a representation of the Yoruba. The king in Yoruba land is called Oba, the Yoruba kingdoms were headed by the Oba who must be a descendant of the Oduduwa. The Yorubas regarded Oyo as their political headquarters, the Oba of the Oyo kingdom has a special name known as the “Alaafin”
Political Administration
The political head of every Yoruba kingdom is Oba but that of the Oyo and Ife kingdoms are called “Alaafin” and “Ooni” respectively. The Alaafin as the political head of the Oyo kingdom is assisted by his son called Aremo, who is not allowed to succeed him immediately he dies. Oyomesi are the seven king makers headed by the Bashorun. The Oyomesi is stronger than the Alaafin and can overrule any decision made by the Alaafin which is not acceptable to it.
The other officials apart from the Aremo include:
1. Ilari:- He is the permanent adviser to the Oba
2. Bashorun:- He is the Chief Minister or Prime Minister of the Kingdom.
3. Baale”- He is the village Head of the administration of the villages
4. Kakanfo:- he is the commander of the kingdom Armed Forces.
The chiefs or Obas and the baale are not appointed by the Alaafin even though they receive his blessings.
There are certain limitations or checks and balances to the power of the Alaafin. The limitations include:-
i. If Alaafin disagrees with Oyomesi and Ilari, the only option open to him is to commit suicide
ii. Oyomesi could authorize the Bashorun to send empty calabash to Alaafin symbolizing rejection by the people. Alaafin is to commit suicide if this happens.
iii. Disloyal army commander could revolt.
The executive council members also formed the legislature. Laws made were executed by the Oba and his council of advisers.
The system of government in the traditional Yoruba society was a loose monarchical arrangement and highly democratic.
Judicial Administration
The Alaafin was the final court. Certain offences were regarded as serious offences, these include – murder, burglary,, land case, witchcraft, profaning the deities and homicide. This kind of offences that attract capital punishment is usually tried in the Oba’s palace or court. Minor offences such as family quarrels, exchange of abusive words, owing of debt were hand from the family level to the level where the parties involved were satisfied with the justice they have obtained. This does not go beyond the Oba’s court.
The age – grade usually referred to as the “Egbe” has the responsibility of implementing the decisions reached in the Oba’s court. For instance, if anybody is to be executed or imprisoned, it is their duty to carry out the instruction or order to the last letter.
Official Religion
The Yoruba official religion was the traditional religion. The Oba was to perform sacrifice from time to time or as the need arises. The essence of the sacrifice is to appease the Oduduwa the founder, ancestors and deities. He usually performs the sacrifice through some priests. The performance of this sacrifice is very important because it is the source of the Oba’s power, legitimacy, respect and the basis of unity, solidarity and the progress of the Yoruba people. For instance, if the Oba fails to fulfill these religious obligations the deities, ancestors and the Oduduwa might be angry and will cause pestilence, epidemics, drought, famine and calamities among the Yoruba people. Therefore, to prevent the gods from becoming angry, the Oba usually performs these sacrifices. Kwara as one of the Yoruba kingdoms and some parts of Oyo were conquered by the Jihadist of Usman Dan Fodio and converted from the traditional religion to Islam.
PRE-COLONIAL POLITICAL
SYSTEM IN IGBO LAND
Historical Background
The Igbos are republican by nature. They maintained a decentralized and acephalous society. Igbo society was democratic and egalitarian. In Nigeria, the Igbos generally occupy the former Eastern Region and a part of the former Mid-Western region. The Igbo unlike the Yoruba and the Hausa – Fulani, had a complex and complicated system of administration in pre-colonial era. The Igbo, generally had no kings or chiefs. They operated a democratic system of government. The executive, legislative and judicial powers were vested in the Oha-na-eze, the council of elders; the Ofo title holders; the family; the Ozo title holders; the Age – Grades, the Umuada, and the “Ala” or the Earth’s goddess represented by a Chief Priest.
Political Administration.
The structural organization of Igbo political system was based on the following:-
1. Village Administration:- A village is seen as inhabited by a group of related families. Each family head held the Ofo title and all of them put together formed the council of elder. The council governed the village.
2. The Age – Grade:- The age – grade are people of the same age group, they perform the following functions:-
i. Perform the public duties such as:- clearing the paths, construction of roads, and markets etc. ii. They were involved in the administration of the villages
iii. They served as army for the defence of the villages against external enemy.
iv. They acted as the police force for the maintenance of law and order.
v. They helped in the implementation of policies made by the council of elders. vi. They assisted in checking abuse of powers by the paramount rulers and the council of elders. vii. They also perform ceremonial and cultural functions during important ceremonies in the village or communities.
3. The affairs of the village are discussed from time to time by family head.
4. The villagers make laws for themselves and even the age-grades can enact a law which the elders would accept.
5. Succession to leadership position was not hereditary in Igbo political system.
6. The political system was of a Republican on. Decisions were reached by consensus, different institutions played different important roles in the administration and powers were shared by them.
7. Wealthy and influential men in the community or village are given the Ozo title holders. This title makes the holder to be recognized in the society and could then preside over meetings about issues affecting the community with elders.
Judicial Administration.
Minor disputes were settled by the family while major disputes were handled by the council of elders or “Amala”. The final adjudication of cases was done by the deities. The age – grades settled cases that are minor among themselves. The Earth goddess (Ala) plays a great role in judicial functions, for example, offences such as homicide, murder and birth of abnormal children are crimes against Ala.
The chief takes part in judicial settlement; the whole village may constitute itself into a court for the purpose of settling disputes. The native doctor called Dibia could also settle disputes amongst people.
Official Religion
The official religion practiced in pre-colonial Igbo land was the traditional religion. They had chief priests who performed sacrifice from time to time to appease the gods. The Igbos have great respect for the deities and the departed ancestors. The chief priests were the link between the people and the deities, as well as the departed ancestors. The Igbos believe in re-incarnation. Profaning of deities was a very serious offence among the Igbos. The religious lives of the Igbos were surrounded by mysticisms and superstitions.
Historical Background
The Igbos are republican by nature. They maintained a decentralized and acephalous society. Igbo society was democratic and egalitarian. In Nigeria, the Igbos generally occupy the former Eastern Region and a part of the former Mid-Western region. The Igbo unlike the Yoruba and the Hausa – Fulani, had a complex and complicated system of administration in pre-colonial era. The Igbo, generally had no kings or chiefs. They operated a democratic system of government. The executive, legislative and judicial powers were vested in the Oha-na-eze, the council of elders; the Ofo title holders; the family; the Ozo title holders; the Age – Grades, the Umuada, and the “Ala” or the Earth’s goddess represented by a Chief Priest.
Political Administration.
The structural organization of Igbo political system was based on the following:-
1. Village Administration:- A village is seen as inhabited by a group of related families. Each family head held the Ofo title and all of them put together formed the council of elder. The council governed the village.
2. The Age – Grade:- The age – grade are people of the same age group, they perform the following functions:-
i. Perform the public duties such as:- clearing the paths, construction of roads, and markets etc. ii. They were involved in the administration of the villages
iii. They served as army for the defence of the villages against external enemy.
iv. They acted as the police force for the maintenance of law and order.
v. They helped in the implementation of policies made by the council of elders. vi. They assisted in checking abuse of powers by the paramount rulers and the council of elders. vii. They also perform ceremonial and cultural functions during important ceremonies in the village or communities.
3. The affairs of the village are discussed from time to time by family head.
4. The villagers make laws for themselves and even the age-grades can enact a law which the elders would accept.
5. Succession to leadership position was not hereditary in Igbo political system.
6. The political system was of a Republican on. Decisions were reached by consensus, different institutions played different important roles in the administration and powers were shared by them.
7. Wealthy and influential men in the community or village are given the Ozo title holders. This title makes the holder to be recognized in the society and could then preside over meetings about issues affecting the community with elders.
Judicial Administration.
Minor disputes were settled by the family while major disputes were handled by the council of elders or “Amala”. The final adjudication of cases was done by the deities. The age – grades settled cases that are minor among themselves. The Earth goddess (Ala) plays a great role in judicial functions, for example, offences such as homicide, murder and birth of abnormal children are crimes against Ala.
The chief takes part in judicial settlement; the whole village may constitute itself into a court for the purpose of settling disputes. The native doctor called Dibia could also settle disputes amongst people.
Official Religion
The official religion practiced in pre-colonial Igbo land was the traditional religion. They had chief priests who performed sacrifice from time to time to appease the gods. The Igbos have great respect for the deities and the departed ancestors. The chief priests were the link between the people and the deities, as well as the departed ancestors. The Igbos believe in re-incarnation. Profaning of deities was a very serious offence among the Igbos. The religious lives of the Igbos were surrounded by mysticisms and superstitions.
PRE-COLONIAL POLITICAL
SYSTEM IN HAUSA-FULANI LAND
Historical Background.
The Hausa land, before 1804, was made up of fourteen towns grouped into two. The first group of seven was called Hausa Bakwai while the other group of seven was balled Banza Bakwai. The Fulani took over the political leadership of the Hausa or Habe states in the early 19th century. The Jihad that preceded this occupation was seen as religious as well as political.
Othman Dan Fodio led the Fulani Jihad and took over the political leadership of the Hausa/Habe and established the Sokoto caliphate with outstanding centralized political system of government. He introduced a new system of selecting and appointing rulers described as Emirs to rule the caliphate. Each of the Emirs owed allegiance to Dan Fodio and his two representatives at Sokoto and Gwandu. The Fulanis settled in Hausa land and intermarried with the Hausa people after conquering them and this was how the name Hausa-Fulani came about.
Political Administration
The Fulanis introduced centralized system of government after conquering the Hausa land. This gave rise to the Hausa- Fulani traditional or pre-colonial system being known as a centralized government. The Caliphate was divided into emirates and each emirate was headed by an Emir. He had the responsibility of making laws, enforcing them and maintaining peace and order in his emirate. He was expected to administer the emirate in accordance with the provisions of the Islamic and sharia laws. He was believed to have the divine right to rule.
However, each emir was assisted in the administration of the emirate by a number of advisers. These were:-
1. Sarkin Fada:- The spokesman of the Emir and organizer of palace workers.
2. Waziri:- The Prime Minister of the Emirate
3. Galadima:- The Administrator of the capital city.
4. Madawaki”- The commander and Head of the Emirate Army.
5. Magaji:- Government Treasurer in-charge of the government treasury.
6. Sarkin Dan Doka:- Inspector General of Police Force Called Dan Doka.
7. Sarkin Ruwa:- Minister in-charge of Water Resources.
8. Sarkin Pawa:- Head of Chairman of Butchers at the Abattoirs
9. Yari:- Chief Superintendent of Prisons in the Emirate
Judicial Administration
The judicial administration of Hausa-Fulani was based on the Islamic legal system called Sharia. Sharia courts were established through out the Emirates and each was headed by a trained Sharia Court Judge called Alkali. The Emir, despite this provision, remained the head who had the final say in deciding critical judgments. The chief justice of the Sharia courts was called Grand Khadi. Village heads settled minor disputes in their villages but more serious and criminal cases were referred to the Emir for final and adequate settlement.
OfficialReligion
The Emir is the religious leader of his people, whose duty is to ensure that commandments of Allah are obeyed in his territory. This accounts for the great authority which was wielded by the Emirs and which made them such suitable rulers even under the British protectorate. The official religion was Islam and Koran was used as the holy book where all the teachings of religion were contained. Mohammed was seen as the founder of the religion. Some teachings that were contained in the Koran before the coming of the colonial administration include:-
i. A good Moslem must fight a Jihad at least once in his life time. If such a person dies in the process he would go to paradise.
ii. It is mandatory for all Moslems to perform hajj or pilgrimage to Mecca the holy land at least once in the person’s life time.
iii. A good Moslem must not marry more than four wives.
iv. A good Moslem must abstain from drinking alcohol
v. A good Moslem must fast during Ramadan period.
Historical Background.
The Hausa land, before 1804, was made up of fourteen towns grouped into two. The first group of seven was called Hausa Bakwai while the other group of seven was balled Banza Bakwai. The Fulani took over the political leadership of the Hausa or Habe states in the early 19th century. The Jihad that preceded this occupation was seen as religious as well as political.
Othman Dan Fodio led the Fulani Jihad and took over the political leadership of the Hausa/Habe and established the Sokoto caliphate with outstanding centralized political system of government. He introduced a new system of selecting and appointing rulers described as Emirs to rule the caliphate. Each of the Emirs owed allegiance to Dan Fodio and his two representatives at Sokoto and Gwandu. The Fulanis settled in Hausa land and intermarried with the Hausa people after conquering them and this was how the name Hausa-Fulani came about.
Political Administration
The Fulanis introduced centralized system of government after conquering the Hausa land. This gave rise to the Hausa- Fulani traditional or pre-colonial system being known as a centralized government. The Caliphate was divided into emirates and each emirate was headed by an Emir. He had the responsibility of making laws, enforcing them and maintaining peace and order in his emirate. He was expected to administer the emirate in accordance with the provisions of the Islamic and sharia laws. He was believed to have the divine right to rule.
However, each emir was assisted in the administration of the emirate by a number of advisers. These were:-
1. Sarkin Fada:- The spokesman of the Emir and organizer of palace workers.
2. Waziri:- The Prime Minister of the Emirate
3. Galadima:- The Administrator of the capital city.
4. Madawaki”- The commander and Head of the Emirate Army.
5. Magaji:- Government Treasurer in-charge of the government treasury.
6. Sarkin Dan Doka:- Inspector General of Police Force Called Dan Doka.
7. Sarkin Ruwa:- Minister in-charge of Water Resources.
8. Sarkin Pawa:- Head of Chairman of Butchers at the Abattoirs
9. Yari:- Chief Superintendent of Prisons in the Emirate
Judicial Administration
The judicial administration of Hausa-Fulani was based on the Islamic legal system called Sharia. Sharia courts were established through out the Emirates and each was headed by a trained Sharia Court Judge called Alkali. The Emir, despite this provision, remained the head who had the final say in deciding critical judgments. The chief justice of the Sharia courts was called Grand Khadi. Village heads settled minor disputes in their villages but more serious and criminal cases were referred to the Emir for final and adequate settlement.
OfficialReligion
The Emir is the religious leader of his people, whose duty is to ensure that commandments of Allah are obeyed in his territory. This accounts for the great authority which was wielded by the Emirs and which made them such suitable rulers even under the British protectorate. The official religion was Islam and Koran was used as the holy book where all the teachings of religion were contained. Mohammed was seen as the founder of the religion. Some teachings that were contained in the Koran before the coming of the colonial administration include:-
i. A good Moslem must fight a Jihad at least once in his life time. If such a person dies in the process he would go to paradise.
ii. It is mandatory for all Moslems to perform hajj or pilgrimage to Mecca the holy land at least once in the person’s life time.
iii. A good Moslem must not marry more than four wives.
iv. A good Moslem must abstain from drinking alcohol
v. A good Moslem must fast during Ramadan period.
THE ROLES OR
FUNCTIONS OF TRADITIONAL RULERS (EMIR, OBA, OBI
ETC IN THE PRE-COLONIAL POLITICAL SYSTEM)
1. They were involved in the maintenance of law and order in their domain.
2. They made laws, rules and regulations
3. They appointed subordinate chiefs to help in the administration.
4. The traditional rulers were involved in raising and spending of money
5. They served as political symbol of unity and power.
6. The traditional rulers were also involved in the allocation and sharing of communal wealth and resources, including war booties
7. Protection of his domain was done to safeguard the domain against external aggression. They also declare war and peace.
8. Some of these traditional rulers acted as the final court of appeal.
9. The traditional rulers planned for the progress and development of various communities. 10. They awarded traditional titles to deserving citizens.
HISTORICAL ANALYSIS OF NIGERIAN STATE: COLONIAL ERA (INDIRECT RULE SYSTEM IN WESTERN, EASTERN AND NORTHERN NIGERIA).
COLONIAL ADMINISTRATION/INDIRECT RULE SYSTEM IN WEST AFRICA.
Historical Background
The term ‘colonialism’ means an imposition of a more developed culture over a less developed one, backed up by expansionist and economic adventurism. Before the 1880s, Europe had gone ahead of the rest of the world in science and technology. Europe of 19th century because the workshop of the world with growing desire for raw materials for their industries. Britain, Belgium, France, Germany, Italy etc. were all involved in this race. So, the competitive search for markets and sources of raw materials for the industrial consumption of the western world motivated the scramble for and partition of Africa among some European powers. By the late 19th century, the concern about sourcing raw materials and markets had become a serious issue in most European countries.
The scramble for Africa, by these European powers led to the partitioning of Africa after the Berlin Conference of 1884 – 85. Britain colonized Nigeria, Ghana, the Gambia and Sierra – Leone in West Africa. As from 1898, the British government sought to establish and maintain a colonial state in Nigeria. To achieve this, a number of measures were to be taken, for example, removal of all visible opposition to the imposition of colonial rule, expansion and consolidation of British authority over the territory later known as Nigeria. In 1906, the first step was taken towards unifying the distinct entities which constituted Nigeria at the down of the twentieth century.
In January 1914, Lord Lugard the then Governor – General amalgamated Lagos colony and Southern protectorate with Northern protectorate to form a single colony called protectorate of Nigeria. Britain, therefore, governed Nigeria by means of a system popularly referred to as “Indirect Rule”.
Indirect rule is a system of administration in which the British colonial government adopted as its colonial policy in dealing with the people by using the traditional rulers, the traditional political institutions – administrative, cultural and judicial structures – as intermediaries while the British officials mainly advised and where necessary, enforced colonial regulations. Britain claimed that the system involved not governing the people directly, but through their local traditional rulers and chiefs. It was alleged that the wife of Lord Lugard formed the name ‘Nigeria’ after the amalgamation. Lugard later became the first Governor – General of Nigeria. He was referred to as the Father of Indirect Rule System.
Features of Indirect Rule
i. Traditional rulers and chiefs were used in governing the people;
ii. The traditional political system of government in place was utilized;
iii. The customs and traditions of the people played a significant role in the administration;
iv. The cultural values of the people were respected by the British officials;
v. The British officials were to guide and where need be, enforce colonial regulation. For instance, resident and district officers;
vi. The traditional rulers were respected and given exalted positions in the administration which made it easy for the colonialist to operate and rule;
vii. The cost of administration was not high because those involved were paid peanuts. The traditional rulers and chiefs were poorly remunerated;
viii. The whites made use of natural agricultural produce in the collection of taxes;
ix. Native courts were used for administration of justice;
x. Native police and prisons were utilized in the system;
xi. Officers or chiefs were appointed where there were no traditional chiefs or rulers and
xii. The system did not disrupt the existing traditional system of administration and political order.
Reasons for the Adoption of Indirect Rule System
1. Lack of Personnel: Lack of British personnel was one of the reasons that forced Lord Lugard to introduce or adopt the indirect rule system in Nigeria.
2. Its success in other Countries: Lord Lugard thought it wise to use the system because of the significant success the system recorded in countries like India, Uganda, etc. where it was first introduced.
3. Lack of Fund: Lack of adequate fund was one of the reasons that forced Lugard to adopt the indirect rule system.
4. To Preserve Traditions and Customs: The indirect rule system was established by Lugard in order to preserve the traditions and customs of the people of Nigeria. In the opinion of Lord Lugard, the British system of Indirect rule. In Nigeria, was to maintain her cultural status quo.
5. To Involve Traditional Rulers: The indirect rule system was established because Lord Lugard wanted to bring the traditional rulers into the art of governance. He thought it wise that any system of government that isolates the people being governed will not succeed. 6. It’s Cheapness: The indirect rule system was adopted in Nigeria because economically, it was not expensive.
7. Favourable Political Atmosphere: The political atmosphere in Northern Nigeria at that period was fevourable for the introduction of the system. The method of traditional administration at that time was very difficult for British to displace the Emirs from their position so abruptly. The Emirs were respected by their people and the British did not want to attract the hatred of the people of Northern Nigeria by destroying the premier position occupied by the Emirs.
8. Language difficulties: The indirect rule system was adopted in Nigeria by Lord Lugard in order to reduce the problems posed by language. Lugard was aware that the people of Nigeria at that time did not speak nor understand English Language, and therefore going through traditional rulers and chiefs to govern them would reduce the language problems.
9. Vast areas involved: The large areas of Nigeria especially the Northern Nigeria where the system was first introduced, contributed to the adoption of the system of indirect rule.
10. Poor Transport and Communication System: Lack of roads, airports, postal systems, etc prevented Britain from adopting direct rule system, instead they opted for indirect rule system. 11. Poor Climate: Poor climatic condition also aggravated the situation. Many British citizens refused coming down to Africa to be involved in the administration due to poor climate and the present of mosquitoes. Africa was nicknamed “the white man’s grave”, as a result of these factors.
12. To satisfy their economic needs: The colonialists wanted to create markets for their goods and to encourage West Africans to produce those raw materials.
Reasons for Involving African Traditional Rulers in the Colonial Administration of West Africa.
1. The Status of the Traditional Rulers: The British encounter with the chiefs during the period of occupation proved to them that the chiefs were powerful and were also highly respected by their people.
2. Maintenance of Law and Order: As the custodian of the people’s culture the traditional rulers were found useful in the maintenance of law and order in the colonies.
3. Collection of Taxes: The traditional rulers were found useful in the collection of taxes and rates.
4. Political Stability: The British felt that, the presence of the local chiefs in the administration would bring about political stability.
5. They were easily Manipulated: The chiefs were used as tools instead of the educated elites because they were easily manipulated.
INDIRECT RULE SYSTEM IN NORTHERN NIGERIA
One of the reasons for the adoption of indirect rule was for the purpose of local government, along traditional lines. The system rested upon Native Courts and authority ordinances. The protectorate of Northern Nigeria was divided into six provinces and each province was under British official known as Residents. Each province was then sub- divided into districts and placed under District Commissioners.
The functions of the Residents and the District Commissioners include the following:-
i. They have the authority to retain and use native treasuries in the emirates.
ii. They also retained both the traditional executive official of emirates and the law courts of the Muslim parts of Nigeria.
iii. They were to advise and guide the emirs and their officials, educating them to their duties and functions under the new British system, to propel them gradually towards new and better ways of government and administration.
iv To enforce through them all the laws of the High Commissioner of the protectorate of Northern Nigeria. These laws involve the supervision of courts, assessment of taxes, native authority expenditure and the maintenance of law and order.
v To ensure that tax revenue was shared between the colonial government and the province.
vi They should provide intelligence, political, military or civil reports on which the colonial government could act in making policies.
Reasons for the Success of Indirect Rule in Northern Nigeria
The factors that led to the success of indirect rule in Northern Nigeria include:
i. Because of the already existing basic traditional administrative system which Lugard admired (i.e. the centralized system).
ii. Because most of the traditional powers of the emirs were not removed hence, they had no cause to oppose the system.
iii. Because the Hausa – Fulanis had already been used to the system of hierarchy of official, so, the system caused them no embarrassment.
iv. Because of the submissive nature of the Northerners to the emirs.
v. Because of the preservation and respect for the culture of the northern people by the British.
INDIRECT RULE IN WESTERN NIGERIA
Unlike the North, there was no absolute centralized authority and systematic taxation in Yoruba land. The Oba had no absolute authority over his subjects because he was responsible to his senior chiefs in administering his kingdom. If he tried to wield too much power to rule at the expense of the wishes and interest of his senior chiefs, he would be made to commit suicide.
The position of Oba as a leader without absolute power over his subjects coupled with the virtue of his position as spiritual head which could not allow him to appear publicly always made it difficult for him to be a successful head of the native administration.
Reasons for the Partial Failure of Indirect Rule in Western Nigeria.
Indirect Rule was a partial failure in the Western part of Nigeria because of the following reasons:-
1. The limited powers of Obas and their subjects were not submissive to them.
2. The level of education in the Western region made the people to detest colonial rule. 3. Restoring Authority in the Alaafin of Oyo: It is believed that the attempt made by Lugard to restore authority in Yoruba land to Alaafin of Oyo instead of Ooni of Ife contributed to the partial failure of the indirect rule in the west.
4. Absence of highly centralized administration contributed to the partial success of the system of indirect rule in the west.
5. The absence of well organized system of taxation made it difficult to raise money for the administration to thrive well since British government was not ready to involve heavily in financial responsibilities in its colonies.
6. Christianity was the dominant religion in the west and its is more democratic than the Islamic religion. People detest authoritarianism.
7. Lugard’s mistake of trying to make Ibadan which had been recognized as a Yoruba state in the 1890s a superior to Oyo contributed to the failure of the system of indirect rule in the western region, etc.
INDIRECT RULE IN EASTERN NIGERIA.
While the system of indirect rule succeeded in the Northern region, it met partial success in the West, and if failed completely in the Eastern Nigeria with the Igbos who had no centralized traditional system of administration like the Hausa – Fulani emirate system. When indirect rule system was introduced in the Eastern region, there were no real people of local influence and authority like the emirs and Obas in the Northern and Western regions. In a bid to solve this problem of single ruler Lugard and his British cohorts without consideration for the customs of the people made the mistake of appointing traditional rulers called “Warrant Chiefs”. These people that were appointed as chiefs by the British without due regard for their status and the families they came from were violently rejected.
The use of these unpopular chiefs and the system of taxation that was introduced in an effort to raise fund for the prosecution of indirect rule led to among other disturbances, the famous Aba women riots of 1929.
Reasons why Indirect Rule Failed in Eastern or Nigeria
The indirect rule failed among the Igbo and in the East because of the following reasons:-
i. The Igbo had no centralized system of government.
ii. The creation of warrant chiefs to perform the functions of the paramount chiefs and emirs as found in the West and North, created confusion and instability in the Igbo land.
iii. The system of taxation was not known in the East and when the warrant chiefs tried to impose taxes, it thus resulted in riots, e.g. Aba women riot of 1929.
iv. The early education which the Christian churches brought to the East helped to give the Igbo educated ones, the weapons to fight against the indirect rule and the British colonial politics
ADVANTAGES AND DISADVANTAGES OF INDIRECT RULE SYSTEM
Advantages or Merits of Indirect Rule.
The advantages of the indirect rule are:-
1. Respect for the people’s traditions and culture
2. The use of the traditional rulers and chiefs in the administration made it less costly.
3. Indirect rule administration was a fertile ground for the training of traditional rulers and chiefs especially, in the area of local administration.
4. Indirect rule system was more accommodating than the French direct administration in West Africa. The former allowed the formation of political parties but the latter did not.
5. The indirect rule system helped to put a stop to some evil practices in some parts of the country. E.g. in the Eastern Nigeria, giving birth to twins were seen as an abomination. Also, human sacrifices were stopped.
6. Traditional institutions, native courts, etc were developed, making it more effective and durable.
7. It helped in introducing a new method of collecting taxes.
8. The political system was stable especially in the north, where the traditional rulers had the over-whelming support of the people.
Disadvantages or Demerits of Indirect Rule
1. The greatest defect of the system was that it had little or no place for the educated elements who were not chiefs in the system.
2. The experiment of appointing artificial rulers where none traditionally existed, failed because it ran counter to the peoples’ customs. It also resulted in terrible abuses of power by such artificial chiefs.
3. The native rulers were deprived of effective power to defend the interests of their people against the British overlord.
4. Indirect rule was a system imposed on the people. Therefore the system was an imposition. 5. The democratic rights of the people were abused. People were denied of their rights.
6. Most of the traditional rulers were involved in evil practices and the system could not prosecute them.
7. Progress and development were relatively very low especially in northern Nigeria. So development was retarded.
8. The system had no universal application because it could not be applied to all environments. 9. The system encouraged tribalism and sectionalism at the expense of national consciousness. That was why other parts of Nigeria did not want independence while others were clamouring for it.
10. Above all, the system failed to prepare the people for modern representative government or to develop in them a new sense of national identity as Nigerians, Ghanaians, etc.
1. They were involved in the maintenance of law and order in their domain.
2. They made laws, rules and regulations
3. They appointed subordinate chiefs to help in the administration.
4. The traditional rulers were involved in raising and spending of money
5. They served as political symbol of unity and power.
6. The traditional rulers were also involved in the allocation and sharing of communal wealth and resources, including war booties
7. Protection of his domain was done to safeguard the domain against external aggression. They also declare war and peace.
8. Some of these traditional rulers acted as the final court of appeal.
9. The traditional rulers planned for the progress and development of various communities. 10. They awarded traditional titles to deserving citizens.
HISTORICAL ANALYSIS OF NIGERIAN STATE: COLONIAL ERA (INDIRECT RULE SYSTEM IN WESTERN, EASTERN AND NORTHERN NIGERIA).
COLONIAL ADMINISTRATION/INDIRECT RULE SYSTEM IN WEST AFRICA.
Historical Background
The term ‘colonialism’ means an imposition of a more developed culture over a less developed one, backed up by expansionist and economic adventurism. Before the 1880s, Europe had gone ahead of the rest of the world in science and technology. Europe of 19th century because the workshop of the world with growing desire for raw materials for their industries. Britain, Belgium, France, Germany, Italy etc. were all involved in this race. So, the competitive search for markets and sources of raw materials for the industrial consumption of the western world motivated the scramble for and partition of Africa among some European powers. By the late 19th century, the concern about sourcing raw materials and markets had become a serious issue in most European countries.
The scramble for Africa, by these European powers led to the partitioning of Africa after the Berlin Conference of 1884 – 85. Britain colonized Nigeria, Ghana, the Gambia and Sierra – Leone in West Africa. As from 1898, the British government sought to establish and maintain a colonial state in Nigeria. To achieve this, a number of measures were to be taken, for example, removal of all visible opposition to the imposition of colonial rule, expansion and consolidation of British authority over the territory later known as Nigeria. In 1906, the first step was taken towards unifying the distinct entities which constituted Nigeria at the down of the twentieth century.
In January 1914, Lord Lugard the then Governor – General amalgamated Lagos colony and Southern protectorate with Northern protectorate to form a single colony called protectorate of Nigeria. Britain, therefore, governed Nigeria by means of a system popularly referred to as “Indirect Rule”.
Indirect rule is a system of administration in which the British colonial government adopted as its colonial policy in dealing with the people by using the traditional rulers, the traditional political institutions – administrative, cultural and judicial structures – as intermediaries while the British officials mainly advised and where necessary, enforced colonial regulations. Britain claimed that the system involved not governing the people directly, but through their local traditional rulers and chiefs. It was alleged that the wife of Lord Lugard formed the name ‘Nigeria’ after the amalgamation. Lugard later became the first Governor – General of Nigeria. He was referred to as the Father of Indirect Rule System.
Features of Indirect Rule
i. Traditional rulers and chiefs were used in governing the people;
ii. The traditional political system of government in place was utilized;
iii. The customs and traditions of the people played a significant role in the administration;
iv. The cultural values of the people were respected by the British officials;
v. The British officials were to guide and where need be, enforce colonial regulation. For instance, resident and district officers;
vi. The traditional rulers were respected and given exalted positions in the administration which made it easy for the colonialist to operate and rule;
vii. The cost of administration was not high because those involved were paid peanuts. The traditional rulers and chiefs were poorly remunerated;
viii. The whites made use of natural agricultural produce in the collection of taxes;
ix. Native courts were used for administration of justice;
x. Native police and prisons were utilized in the system;
xi. Officers or chiefs were appointed where there were no traditional chiefs or rulers and
xii. The system did not disrupt the existing traditional system of administration and political order.
Reasons for the Adoption of Indirect Rule System
1. Lack of Personnel: Lack of British personnel was one of the reasons that forced Lord Lugard to introduce or adopt the indirect rule system in Nigeria.
2. Its success in other Countries: Lord Lugard thought it wise to use the system because of the significant success the system recorded in countries like India, Uganda, etc. where it was first introduced.
3. Lack of Fund: Lack of adequate fund was one of the reasons that forced Lugard to adopt the indirect rule system.
4. To Preserve Traditions and Customs: The indirect rule system was established by Lugard in order to preserve the traditions and customs of the people of Nigeria. In the opinion of Lord Lugard, the British system of Indirect rule. In Nigeria, was to maintain her cultural status quo.
5. To Involve Traditional Rulers: The indirect rule system was established because Lord Lugard wanted to bring the traditional rulers into the art of governance. He thought it wise that any system of government that isolates the people being governed will not succeed. 6. It’s Cheapness: The indirect rule system was adopted in Nigeria because economically, it was not expensive.
7. Favourable Political Atmosphere: The political atmosphere in Northern Nigeria at that period was fevourable for the introduction of the system. The method of traditional administration at that time was very difficult for British to displace the Emirs from their position so abruptly. The Emirs were respected by their people and the British did not want to attract the hatred of the people of Northern Nigeria by destroying the premier position occupied by the Emirs.
8. Language difficulties: The indirect rule system was adopted in Nigeria by Lord Lugard in order to reduce the problems posed by language. Lugard was aware that the people of Nigeria at that time did not speak nor understand English Language, and therefore going through traditional rulers and chiefs to govern them would reduce the language problems.
9. Vast areas involved: The large areas of Nigeria especially the Northern Nigeria where the system was first introduced, contributed to the adoption of the system of indirect rule.
10. Poor Transport and Communication System: Lack of roads, airports, postal systems, etc prevented Britain from adopting direct rule system, instead they opted for indirect rule system. 11. Poor Climate: Poor climatic condition also aggravated the situation. Many British citizens refused coming down to Africa to be involved in the administration due to poor climate and the present of mosquitoes. Africa was nicknamed “the white man’s grave”, as a result of these factors.
12. To satisfy their economic needs: The colonialists wanted to create markets for their goods and to encourage West Africans to produce those raw materials.
Reasons for Involving African Traditional Rulers in the Colonial Administration of West Africa.
1. The Status of the Traditional Rulers: The British encounter with the chiefs during the period of occupation proved to them that the chiefs were powerful and were also highly respected by their people.
2. Maintenance of Law and Order: As the custodian of the people’s culture the traditional rulers were found useful in the maintenance of law and order in the colonies.
3. Collection of Taxes: The traditional rulers were found useful in the collection of taxes and rates.
4. Political Stability: The British felt that, the presence of the local chiefs in the administration would bring about political stability.
5. They were easily Manipulated: The chiefs were used as tools instead of the educated elites because they were easily manipulated.
INDIRECT RULE SYSTEM IN NORTHERN NIGERIA
One of the reasons for the adoption of indirect rule was for the purpose of local government, along traditional lines. The system rested upon Native Courts and authority ordinances. The protectorate of Northern Nigeria was divided into six provinces and each province was under British official known as Residents. Each province was then sub- divided into districts and placed under District Commissioners.
The functions of the Residents and the District Commissioners include the following:-
i. They have the authority to retain and use native treasuries in the emirates.
ii. They also retained both the traditional executive official of emirates and the law courts of the Muslim parts of Nigeria.
iii. They were to advise and guide the emirs and their officials, educating them to their duties and functions under the new British system, to propel them gradually towards new and better ways of government and administration.
iv To enforce through them all the laws of the High Commissioner of the protectorate of Northern Nigeria. These laws involve the supervision of courts, assessment of taxes, native authority expenditure and the maintenance of law and order.
v To ensure that tax revenue was shared between the colonial government and the province.
vi They should provide intelligence, political, military or civil reports on which the colonial government could act in making policies.
Reasons for the Success of Indirect Rule in Northern Nigeria
The factors that led to the success of indirect rule in Northern Nigeria include:
i. Because of the already existing basic traditional administrative system which Lugard admired (i.e. the centralized system).
ii. Because most of the traditional powers of the emirs were not removed hence, they had no cause to oppose the system.
iii. Because the Hausa – Fulanis had already been used to the system of hierarchy of official, so, the system caused them no embarrassment.
iv. Because of the submissive nature of the Northerners to the emirs.
v. Because of the preservation and respect for the culture of the northern people by the British.
INDIRECT RULE IN WESTERN NIGERIA
Unlike the North, there was no absolute centralized authority and systematic taxation in Yoruba land. The Oba had no absolute authority over his subjects because he was responsible to his senior chiefs in administering his kingdom. If he tried to wield too much power to rule at the expense of the wishes and interest of his senior chiefs, he would be made to commit suicide.
The position of Oba as a leader without absolute power over his subjects coupled with the virtue of his position as spiritual head which could not allow him to appear publicly always made it difficult for him to be a successful head of the native administration.
Reasons for the Partial Failure of Indirect Rule in Western Nigeria.
Indirect Rule was a partial failure in the Western part of Nigeria because of the following reasons:-
1. The limited powers of Obas and their subjects were not submissive to them.
2. The level of education in the Western region made the people to detest colonial rule. 3. Restoring Authority in the Alaafin of Oyo: It is believed that the attempt made by Lugard to restore authority in Yoruba land to Alaafin of Oyo instead of Ooni of Ife contributed to the partial failure of the indirect rule in the west.
4. Absence of highly centralized administration contributed to the partial success of the system of indirect rule in the west.
5. The absence of well organized system of taxation made it difficult to raise money for the administration to thrive well since British government was not ready to involve heavily in financial responsibilities in its colonies.
6. Christianity was the dominant religion in the west and its is more democratic than the Islamic religion. People detest authoritarianism.
7. Lugard’s mistake of trying to make Ibadan which had been recognized as a Yoruba state in the 1890s a superior to Oyo contributed to the failure of the system of indirect rule in the western region, etc.
INDIRECT RULE IN EASTERN NIGERIA.
While the system of indirect rule succeeded in the Northern region, it met partial success in the West, and if failed completely in the Eastern Nigeria with the Igbos who had no centralized traditional system of administration like the Hausa – Fulani emirate system. When indirect rule system was introduced in the Eastern region, there were no real people of local influence and authority like the emirs and Obas in the Northern and Western regions. In a bid to solve this problem of single ruler Lugard and his British cohorts without consideration for the customs of the people made the mistake of appointing traditional rulers called “Warrant Chiefs”. These people that were appointed as chiefs by the British without due regard for their status and the families they came from were violently rejected.
The use of these unpopular chiefs and the system of taxation that was introduced in an effort to raise fund for the prosecution of indirect rule led to among other disturbances, the famous Aba women riots of 1929.
Reasons why Indirect Rule Failed in Eastern or Nigeria
The indirect rule failed among the Igbo and in the East because of the following reasons:-
i. The Igbo had no centralized system of government.
ii. The creation of warrant chiefs to perform the functions of the paramount chiefs and emirs as found in the West and North, created confusion and instability in the Igbo land.
iii. The system of taxation was not known in the East and when the warrant chiefs tried to impose taxes, it thus resulted in riots, e.g. Aba women riot of 1929.
iv. The early education which the Christian churches brought to the East helped to give the Igbo educated ones, the weapons to fight against the indirect rule and the British colonial politics
ADVANTAGES AND DISADVANTAGES OF INDIRECT RULE SYSTEM
Advantages or Merits of Indirect Rule.
The advantages of the indirect rule are:-
1. Respect for the people’s traditions and culture
2. The use of the traditional rulers and chiefs in the administration made it less costly.
3. Indirect rule administration was a fertile ground for the training of traditional rulers and chiefs especially, in the area of local administration.
4. Indirect rule system was more accommodating than the French direct administration in West Africa. The former allowed the formation of political parties but the latter did not.
5. The indirect rule system helped to put a stop to some evil practices in some parts of the country. E.g. in the Eastern Nigeria, giving birth to twins were seen as an abomination. Also, human sacrifices were stopped.
6. Traditional institutions, native courts, etc were developed, making it more effective and durable.
7. It helped in introducing a new method of collecting taxes.
8. The political system was stable especially in the north, where the traditional rulers had the over-whelming support of the people.
Disadvantages or Demerits of Indirect Rule
1. The greatest defect of the system was that it had little or no place for the educated elements who were not chiefs in the system.
2. The experiment of appointing artificial rulers where none traditionally existed, failed because it ran counter to the peoples’ customs. It also resulted in terrible abuses of power by such artificial chiefs.
3. The native rulers were deprived of effective power to defend the interests of their people against the British overlord.
4. Indirect rule was a system imposed on the people. Therefore the system was an imposition. 5. The democratic rights of the people were abused. People were denied of their rights.
6. Most of the traditional rulers were involved in evil practices and the system could not prosecute them.
7. Progress and development were relatively very low especially in northern Nigeria. So development was retarded.
8. The system had no universal application because it could not be applied to all environments. 9. The system encouraged tribalism and sectionalism at the expense of national consciousness. That was why other parts of Nigeria did not want independence while others were clamouring for it.
10. Above all, the system failed to prepare the people for modern representative government or to develop in them a new sense of national identity as Nigerians, Ghanaians, etc.
PRE-INDEPENDENCE CONSTITUTIONS OR
CONSTITUTIONAL DEVELOPMENT IN NIGERIA (I).
The British colonial rule in West Africa started towards the end of 1898. Lagos was annexed and made a colony in 1861, Gold Coast in 1821, Freetown became a colony in 1808. As from this period, the British government sought to establish and maintain a colonial state in Nigeria. To achieve this, therefore, a number of measures were to be taken, for example, removal of the all opposition to expansion and consolidation of British authority over the territory that was later known as Nigeria. The British were also, to gradually amalgamate the three different administrative units – the colony of Lagos, the protectorate of Southern Nigeria and the protectorate of Northern Nigeria.
Each of the units, had its own government and administration. In May 1906, Lagos colony and protectorate of Southern Nigeria were joined together to form Lagos colony and protectorate of Southern Nigeria. Similarly, in 1914, Lagos colony and protectorate of Southern Nigeria were amalgamated with northern protectorate to form a single colony known as the protectorate of Nigeria.
In Britain, the Minister responsible to the parliament for administration of colonies was the Secretary of State for the colonies. He was equally responsible for
administration of British colonial office. He appointed colonial governors on behalf of the home government.
FEATURES OF COLONIAL ADMINISTRATION IN THE CROWN COLONIES OF BRITISH WEST AFRICA.
1. The Governor:
i. The administration was headed by a governor
ii. The governor was appointed from London and was responsible only to the Secretary of the State for the colonies.
iv. The governor had veto and certification powers.
v. The governor was the chairman of the executive and legislative councils.
2. The Executive Council:
i. The executive council was responsible to the crown colony. Each crown colony was made up of officials who were mostly whites.
ii. The executive council was to advise the governor who had the power to accept or reject such advice
iii. All the official members of the executive council were departmental heads.
3. The Legislative Council:
i. The legislative council had official majority, for example, the governor, members of the executive council were all European officials.
ii. It had not legislative power, its role was purely advisory.
iii. The unofficial and the official members for example, European merchants, African chiefs, educated Africans, etc were appointed by the governor.
The Nigerian Council of Lord Lugard
After the amalgamation of the Northern and Southern protectorates in 1914, Lord Lugard established the Nigerian council which existed side by side with the small legislative council of the colony of Lagos. The establishment of the council marked a milestone in the constitutional development of Nigeria. The council consisted of 36 members made up of 23 European officials, and 13 non – official members of which 7 of them were Europeans and 6 Nigerian. The 7 European non – official members were appointed to represent various commercial interests like the chambers of commerce, shipping, banking and mining businesses. The 6 Nigerian non – official members that were appointed to represent chieftaincy interests included; two Emirs from the North, the Alaafin of Oyo and one member each from Calabar, Lagos and Benin-Warri area.
The Council which acted as an advisory body had no executive authority and its resolutions had no force of law. Its meetings were irregular and attendance very poor. The Nigerian chiefs, Lugard had thought would have represented their people were mainly illiterates and didn’t show much interest in the affairs of the council. The Council which had the main significance of being the first body that brought Nigerians from different parts together to discuss the affairs of a United Nigeria, gingered the spirit of nationalism.
The National Congress of British West Africa (NCBWA)
In 1920, the National Congress of British West Africa (NCBWA) was formed in Accra, Gold Coast (Ghana). Joseph Casely Hayford and Dr. Akinwande Savage of Nigeria were instrumental to its formation. One of the major demands of this body was the issue of granting elective principle. After the congress was constituted, it sent a delegation to London, to present a petition stating its demands to the then Secretary of State, Lord Miler. The journey to London was an exercise in futility.
The members were accused of self-centeredness and that they represented no one but the educated class. The Colonial Office also argued that West Africans are not yet ripe for representative institutions and it would amount to foolhardiness allowing them this. However, Clifford when setting up the Legislative Council made a recommendation for granting of elective representation and this was granted by the new Secretary of State for the colonies; Winston Churchill. Nigeria, then became the first country to this principle.
The Clifford Constitution of 1922.
The Clifford constitution adopted in 1922 derived its name from the then governor of Nigeria, Sir Hugh Clifford who took over from former governor Lord Frederick Lugard. The constitution introduced a new Legislative Council and Executive Council which replaced the abolished old Legislative Council for Lagos colony and the Nigerian Council. The constitution introduced elective principle which increased political agitation and a wakened the spirit of nationalism in Nigeria. The Northern Nigeria was not represented in the new Legislative council; the Governor General retained the power to legislate for the North.
The new Legislative Council composed of 46 members of which 27 of the British members including the Governor were official members and 19 others were non – official members, 15 of the non-official members were nominated by the Governor to represent commercial and mining interests. Of the 19 non-official members 10 were Nigerians, 4 of which were elected of which 3 represented Lagos and 1 represented Calabar. Only male adults who had resided in the area for 12 months and earned gross income of £100 per annum constituted the electorate. The constitution gave rise to formation of political parties and establishment of newspapers. As a result, the Nigerian National Democratic Party (NNDP) founded by a Nigerian engineer, Herbert Macaulay in 1923 became the first political party in Nigeria (NNDP) aided by its newspaper – the Lagos Daily New launched in1925 dominated and won all he 3 seats allocated to Lagos in 1923, 1928 and 1933 to the Legislative council.
An executive council was established by the constitution. It was just an advisory body to the Governor. It consisted of 10 ex-official members who were principal officials of government. The Governor was empowered to nominate other official members as well. The Governor was vested with wide powers. He had veto and reserved power over any legislative bill.
Main Features of Clifford Constitution
The main features of Clifford Constitution include:
i. The introduction of elective principle into Nigerian politics.
ii. A Legislative Council was set up with 46 members out of which 27 were official members while 19 were unofficial members
iii. There was an executive council composed mainly the officials
iv. The legislative council legislated only for the Southern provinces.
v. Laws for the North were made by Governor’s proclamation.
vi. There were not Africans in the executive council.
vii. Voting was introduced as a means of taking decisions in the legislative council.
viii. The Executive Council wielded more power by advising the Governor on policy and initiating money resolutions with the Governor.
The Strengths and Weakness of Clifford Constitution.
The strengths of the Clifford constitution include:
i. The introduction of the first principle. The introduction of this principle led to the growth of political parties in Nigeria.
ii. The introduction of a single legislative council for the colony of Lagos and the protectorate of Southern Nigeria.
iii. The introduction of the elective principles also led to the formation of the first polity party (NNDP) in Nigeria in 1923.
The Weaknesses of the Constitution.
The weaknesses of the Clifford Constitution include:-
i. The isolation of the North from the legislative council. The Northern province was not represented in the legislative council which aptly demonist rates how hesitant the British were, allowing indigenous people have more say in the governance of their own nation.
ii. The exclusion of the Africans from the Executive Council.
iii. The power of the legislative council was effectively checked by the executive council, which was composed of only protons and which wielded enormous powers.
iv. The introduction of the British policy of Divide and Rule which laid the foundation for the birth and development of ethnicity and tribalism in Nigeria.
v. The enfranchisement of the people based on 12 months residence and the possession of a gross income of £100 per annum was not in the interest of Nigerians. Hence, they ever participated fully in the electioneering process.
THE RICHARD’S CONSTITUTION OF 1946
The criticisms of the Clifford’s Constitution of 1922 led to the introduction of the Richard’s Constitution in 1946. It was as a result of the weaknesses of the Clifford’s Constitution that made the Nigerian nationalists to pressurize Sir Bernard Bourdillon, the Governor of Nigeria from 1935 to 1943, to give them a new befitting constitution. It was Sir Bourdillon who split Nigeria into three regions of North, East and West in 1939.
The memorandum issued by Bourdillon on the future political development of Nigeria made useful proposals on the formulation of another constitution for Nigeria. These proposals formed the basis of the Richard’s Constitution of 1946 named after Sir Bernard Bourdillon’s successor, Sir Arthur Richard who was called Lord Milverton.
The draft constitution which Governor Richards presented to the Legislative Council of Nigeria on March 6, 1946, became a new constitution, on August 2, 1946 and came into force on January 1, 1947. The main aims of Richards constitution were to:
i. Promote national unity.
ii. Allow or secure greater participation for Africans in the discussion of their own affairs.
iii. Select and send their regional representatives to the central legislative council in Lagos.
iv. Clear for the social and political differences within the units in the country.
v. Evolve a constitutional framework to cover all parts of the country
vi. Create constitutional and political links between the naïve authorities and the legislative council.
The Main Features of Richards Constitution.
The main features of Richard’s Constitution include the following:-
i. The constitution established a single legislative council for the whole Nigeria. The South and the were now united under one legislative council.
ii. The constitution allowed majority unofficial members in the legislative council. And this the first time in the history of the country.
iii. The constitution introduced regional council.
iv. It also introduced the house of chiefs for the North.
v. The principle of regionalism was formally entrenched in constitution, recognized three the regions – Northern, Southern and Western.
The Strengths and Weaknesses of the Richard’s Constitution.
The strengths of the Richard’s constitution include the following.
i. More power and participation were released to the regions as against the Clifford’s Constitution of 1922 which made no provision for them.
ii. The requirement for the exercise of franchise was reduced
iii. More political parties and cultural groups emerged to act at the check against colonial rule in the country.
iv. It brought together for the very first time since 1923, North and southern Nigeria, making for the unity of the country.
v. Regional assemblies later became the body, that is, electoral college for electing representatives into the central legislative.
vi. The full blown federal structure of 1954 was laid down by this constitution. vii. The north and south were brought together for legislation.
The weakness of the Richard’s constitution include the following:-
i. The majority of the members of the central legislative were appointed.
ii. The regional councils were not allow to possess legislative power, thus making them to be rubber – stamp institutions.
iii. The power of the Executive Council was not curtailed.
iv. The constitution bred mutual distrust between the North and the South and West.
MCPHERSON CONSTITUTION OF 1951.
The Richard’s Constitution was severely critized by the Nationalists, because it was imposed on Nigerians without any prior consultation. In order to express the criticisms, the nationalists of the National council for Nigeria and Cameroons (NCNC) under Herbert Macaulay and Dr. Nnamdi Azikiwe toured important towns in the country, educated the people on the political issues at stake and collected donations to send a protest delegation to London.
It was partly because of this protest that, the Richard’s constitution which originally was intended to last for nine years, was replaced in 1951 by the McPherson constitution. It’s author, Sir John McPherson, who succeeded Sir, Athur Richard as Governor, was sensitive to the criticisms that the Richard’s constitution had not been based on prior consultation with the Nigerians. He therefore allowed three years, from 1948 to 1951, for public opinion on his proposals to be expressed at district, provincial and regional levels. The various recommendations were considered and many of them included in the final version of the new constitution.
The Main Features of McPherson Constitution.
The basic features of McPherson are:
i. The constitution ensured the reliance of the region on the central government. For instance, the lieutenant – Governor could only exercise his reserved power of legislation with the agreement of the Governor at the centre. Also, the central legislature could withdraw or add any matter from the regional legislative list.
ii. The central legislatur e was empowered to legislate in all thee federation and had powers to veto proposed legislation.
iii. In the North, the legislative powers were exercised but the House Assembly and the House of chiefs. Likewise in the West. However, the power was exercised by only the House of Assembly in the East. In the Northern Regional Assembly, 90 members were elected 10 were not elected. In the Western Region, 80 members were elected 7 were not elected. In the Eastern Region, 80 members were elected while 8 others were appointed.
iv. The Regional House of Assembly were empowered to legislate on certain matters. However such legislation was not exclusive as it could be upturned by the Governor.
v. The constitution made provision for revenue allocation to the region.
The Strengths and Weaknesses of McPherson Constitution.
The strengths of the constitution include the following:-
i. The constitution introduced a new central law – making body called the House of Representatives.
ii. Each region was represented in the House of Representatives. For example, North had 68 seats, East and West had 34 seats each.
iii. The regions were given more powers and made autonomous.
iv. Both the North and West now had bicameral legislature, for example, House of Assembly and Chiefs.
v. The motion was moved in the House of Representatives and discussed at 1953’s London Constitutional Conference. It laid the foundation for the process of decolonization of Nigeria.
vi. Powers were shared between the regions and the central govern. The constitution defined their powers, making the regions subordinate to the central government.
vii. For the first time, Nigerians took part in the making of the constitution, through constitutional conferences.
viii. It stimulated the formation and development of political parties
The Weaknesses of the Constitution.
The weaknesses of the constitution include the following:-
i. The existence of Regional/Ethnic politics which succeeded in weakening the central legislative, for example, the representative at the centre were more loyal to their regions.
ii. There was no responsible government at the centre, for example, ministers were not given portfolios, but could initiate discussion of policy in the council.
iii. The exclusion of Nnamdi Azikiwe from the central legislature led to the crisis in the Eastern House of Assembly.
iv. Chief Anthony Enahoro in 1953, moved the motion in the House of Representatives requesting for self-government for Nigeria in 1956. The motion was rejected by Northern politicians and it caused bad blood between Northern and Southern politicians.
v. The Kano riot of 1953, this riot demonstrated the weakness and failure of McPherson constitution.
vi. The constitution provided for an all powerful governor with veto power to legislate on any matter in the country.
vii. The three major political parties the NCNC NPC, and AG were all regional parties. Infact, none of them commanded a nation –wide support.
viii. In 1953, crisis erupted with the NCNC as a party and the out come of this was the expulsion of some party members. The expelled members formed a new party called United Independent Party (UIP).
ix. There was no provision for the office of a Prime Minister as the head of government in the country and premiers of the regions; whereas the offices of Council of Ministers and regional executive council were created at the central and regional levels of government respectively.
x. The Lieutenant – Governors of the regions were member of both the regional legislature and the House of Representatives.
xi. The constitution encouraged ethnic nationalism and the emergence of political parties along tribal lines for example, NPC and A.G.
The Constitutional Conference of 1953.
As we all know, if your house is on fire, you don’t wait till the house collapses before you start salvaging it. That is why the two political parties in the South. NCNC and AG called upon the British authorities to do something about the crisis and tensions generated by the crises. This led to the constitutional conference of 1953 where each of the regions were represented by six persons.
Parts of their recommendations were:
i. That legislative power should be shared between the centre and the federating regions. Also residual powers are to be in the region.
ii. That a regional administration be extended to Cameroon if the people so desired in a referendum
iii. That Lagos should be ostracized from the Western Region and be a neutral entity. iv. That self government be granted to the region in 1956.
In 1954, the Lagos Conference was convened to reconsider outstanding issues in the 1953 conference. Part of the recommendations made were:-
i. The regionalization of public service and judiciary
ii. That autonomy be granted to Southern Cameroon.
THE LYTTLETON CONSTITUTION OF 1954
The Lyttleton constitution of 1954 was complementary in nature, it is so, because it only effected certain changes in the structure and it also effected substantial changes in the 1953 and 1954 constitutional conferences. And it will be true if one asserts that the decisions of the two conferences were embodied in the Lyttleton’s constitution. McPherson constitution was revised through 1953 London and 1954 Lagos Constitutional Conferences. The product of this revision exercise was the Lyttleton Constitution.
Main Feature of Lyttleton Constitution
i. The Governor became known as the Governor – General of the Federation of Nigeria and the Lieutenant – General became Governors of their respective region.
ii. The offices of the speaker and the deputy speaker were created to preside over regional legislatures with the exception of the North.
iii. The establishment of regional premiers who headed regional executive councils and appointed ministers to take care of government departments.
iv. The regionalization of the judiciary and the public service or the civil service.
v. A reduction in the number of official members and appointed members in the central and regional legislatures as well as in the executive councils. The proportion of elected members was substantially increased.
vi. A revised division of powers between the central and regional governments.
vii. The central legislature was unicameral
viii. Each region had three ministers in the council of ministers at the federal level.
ix. There was no provision for the office of a Prime Minister at the centre.
The Strengths and Weaknesses of Lyttleton Constitution
The strengths of the constitution includes the following:-
i. The constitution marked the beginning of direct elections to both the federal and regional legislatures in Nigeria.
ii. Nigerians were for the first time appointed ministers with portfolios (for example, Heads of Department).
iii. The constitution introduced the posts of permanent secretaries and parliamentary secretaries in Nigeria.
iv. The constitution moved Nigeria nearer to independence
v. The process of decision – making was also made more efficient by the involvement of the council of ministers.
The weaknesses of the constitution include the following:
i. There was no Bicameral legislature at the center.
ii. At a time when the call for independence was rife, the veto – power of the Governor – General was a big minus.
iii. The constitution did not provide for a uniform electoral system in Nigeria, in face of allegations, of partiality by the oppositions.
iv. The constitution could not successfully prevent regional allegiance by the ministers which was dangerous to decision – making process and national unity.
INDEPENDENCE AND POST-INDEPENDENCE CONSTITUTIONS OR CONSTITUTIONAL DEVELOPMENT IN NIGERIA II
HISTORICAL BACKGROUND
The conference which became the last constitutional conference held before the attainment of Independence in 1960, also took place in London from September 29 to October 27, 1958. The resumed constitutional conference of 1958 was the last Nigerian constitutional conference held before the attainment of Independence in 1960. It was convened to consider the report of the Willink’s commission on the minority the conference resolved among other issues, that the Northern part of Nigeria should be self-governing by 1959 and that if a resolution was passed by the parliament asking for independence, in 1960, then her majesty government would propose a bill of independence in 1960.
In December, 1959, a nationwide general election was held into the Federal House of Representatives. In the election, no single party won an over all majority as was the case in 1954, while in September, 1960, the parliament has enacted a law on Nigeria’s independence.
MAIN FEATURES OF INDEPENDENCE CONSTITUTION OF 1960
The main features of independence constitution include the following:-
i. The constitution provided for a democratic parliamentary system of government. ii. A federal system of government was retained.
iii. The Governor – General was the ceremonial Head of State, representing the Queen of England.
iv. The Head of government and administration was the Prime Minister
v. The constitution provided for a bi-cameral legislature at the center, namely, the Senate and House of Representatives.
vi. Each of the three regions had a House of Assembly and a House of Chiefs.
vii. The 1960 constitution provided for a premier as the Head of Executive for each of the regions. Also provision was made for a ceremonial governor for each of the regions.
viii. The fundamental human rights of the citizens were entrenched in the constitution.
ix. The final court of Appeal was the Privy Council in London
x. The constitution defined who a citizen was and how to acquire citizenship xi. The constitution contained the procedure for amendment. The 1960 constitution was rigid. xii. It laid down the procedure for creating new regions, for example, MidWestern region was created in 1963.
xi. The federal government was given the power to declare a state of emergency in any part of the country. If there were crises or war. However, resolution would be passed by the House of Representatives with a two – third majority supporting it.
xii. The constitution divided the legislative powers of government into three – exclusive, concurrent and residual lists. For example, only the central government could make laws (through the parliament) on issues listed. Under exclusive legislative list: (currency, power, defence, external affairs etc).
xiii. Judges of the Supreme and High Courts were appointed on the advice of judicial service commission consisting of the judges.
THE STRENGTHS OF THE INDEPENDENCE CONSTITUTION
The strengths of the independence constitution include the following:
i. The Nigerians for the first time were given full fundamental human rights.
ii. The discussion of Nigeria’s affairs were left almost entirely in the hands of Nigerians.
iii. The constitution of Nigeria was no longer emended by the British authorities but by Nigerian.
iv. For the first time, a Nigerian became a Governor – General and Prime Minister.
v. For the first time, Nigeria had a Bicameral legislature
THE WEAKNESSES OF INDEPENDENCE CONSTITUTION
The weaknesses of the independence constitution include the following:
i. The minorities issues were not addressed as it did not recommend the creation of new regions to pacify the minorities.
ii. The Northern Region was allowed to retain its big size which was bigger than the Eastern and Western Regions put together. This made the other regions to struggle always to form a coalition government with the Northern Region. The struggle always led to electoral crisis; e.g. 1964, general election in Nigeria .
iii. The Queen of England remained the political head of Nigeria and the Governor – General of Nigeria signed bills and carried out functions on behalf of the Queen of England.
iv. The big sizes of the regions and their extensive powers over natural resources formed a major weakness of the federal government which under the arrangement was weaker than the federating regions.
v. The privy council in London remained the highest judicial court of Nigeria. Cases were referred to it for the final adjudication. vi. The constitution was drafted in London by the imperialists for Nigeria.
The British colonial rule in West Africa started towards the end of 1898. Lagos was annexed and made a colony in 1861, Gold Coast in 1821, Freetown became a colony in 1808. As from this period, the British government sought to establish and maintain a colonial state in Nigeria. To achieve this, therefore, a number of measures were to be taken, for example, removal of the all opposition to expansion and consolidation of British authority over the territory that was later known as Nigeria. The British were also, to gradually amalgamate the three different administrative units – the colony of Lagos, the protectorate of Southern Nigeria and the protectorate of Northern Nigeria.
Each of the units, had its own government and administration. In May 1906, Lagos colony and protectorate of Southern Nigeria were joined together to form Lagos colony and protectorate of Southern Nigeria. Similarly, in 1914, Lagos colony and protectorate of Southern Nigeria were amalgamated with northern protectorate to form a single colony known as the protectorate of Nigeria.
In Britain, the Minister responsible to the parliament for administration of colonies was the Secretary of State for the colonies. He was equally responsible for
administration of British colonial office. He appointed colonial governors on behalf of the home government.
FEATURES OF COLONIAL ADMINISTRATION IN THE CROWN COLONIES OF BRITISH WEST AFRICA.
1. The Governor:
i. The administration was headed by a governor
ii. The governor was appointed from London and was responsible only to the Secretary of the State for the colonies.
iv. The governor had veto and certification powers.
v. The governor was the chairman of the executive and legislative councils.
2. The Executive Council:
i. The executive council was responsible to the crown colony. Each crown colony was made up of officials who were mostly whites.
ii. The executive council was to advise the governor who had the power to accept or reject such advice
iii. All the official members of the executive council were departmental heads.
3. The Legislative Council:
i. The legislative council had official majority, for example, the governor, members of the executive council were all European officials.
ii. It had not legislative power, its role was purely advisory.
iii. The unofficial and the official members for example, European merchants, African chiefs, educated Africans, etc were appointed by the governor.
The Nigerian Council of Lord Lugard
After the amalgamation of the Northern and Southern protectorates in 1914, Lord Lugard established the Nigerian council which existed side by side with the small legislative council of the colony of Lagos. The establishment of the council marked a milestone in the constitutional development of Nigeria. The council consisted of 36 members made up of 23 European officials, and 13 non – official members of which 7 of them were Europeans and 6 Nigerian. The 7 European non – official members were appointed to represent various commercial interests like the chambers of commerce, shipping, banking and mining businesses. The 6 Nigerian non – official members that were appointed to represent chieftaincy interests included; two Emirs from the North, the Alaafin of Oyo and one member each from Calabar, Lagos and Benin-Warri area.
The Council which acted as an advisory body had no executive authority and its resolutions had no force of law. Its meetings were irregular and attendance very poor. The Nigerian chiefs, Lugard had thought would have represented their people were mainly illiterates and didn’t show much interest in the affairs of the council. The Council which had the main significance of being the first body that brought Nigerians from different parts together to discuss the affairs of a United Nigeria, gingered the spirit of nationalism.
The National Congress of British West Africa (NCBWA)
In 1920, the National Congress of British West Africa (NCBWA) was formed in Accra, Gold Coast (Ghana). Joseph Casely Hayford and Dr. Akinwande Savage of Nigeria were instrumental to its formation. One of the major demands of this body was the issue of granting elective principle. After the congress was constituted, it sent a delegation to London, to present a petition stating its demands to the then Secretary of State, Lord Miler. The journey to London was an exercise in futility.
The members were accused of self-centeredness and that they represented no one but the educated class. The Colonial Office also argued that West Africans are not yet ripe for representative institutions and it would amount to foolhardiness allowing them this. However, Clifford when setting up the Legislative Council made a recommendation for granting of elective representation and this was granted by the new Secretary of State for the colonies; Winston Churchill. Nigeria, then became the first country to this principle.
The Clifford Constitution of 1922.
The Clifford constitution adopted in 1922 derived its name from the then governor of Nigeria, Sir Hugh Clifford who took over from former governor Lord Frederick Lugard. The constitution introduced a new Legislative Council and Executive Council which replaced the abolished old Legislative Council for Lagos colony and the Nigerian Council. The constitution introduced elective principle which increased political agitation and a wakened the spirit of nationalism in Nigeria. The Northern Nigeria was not represented in the new Legislative council; the Governor General retained the power to legislate for the North.
The new Legislative Council composed of 46 members of which 27 of the British members including the Governor were official members and 19 others were non – official members, 15 of the non-official members were nominated by the Governor to represent commercial and mining interests. Of the 19 non-official members 10 were Nigerians, 4 of which were elected of which 3 represented Lagos and 1 represented Calabar. Only male adults who had resided in the area for 12 months and earned gross income of £100 per annum constituted the electorate. The constitution gave rise to formation of political parties and establishment of newspapers. As a result, the Nigerian National Democratic Party (NNDP) founded by a Nigerian engineer, Herbert Macaulay in 1923 became the first political party in Nigeria (NNDP) aided by its newspaper – the Lagos Daily New launched in1925 dominated and won all he 3 seats allocated to Lagos in 1923, 1928 and 1933 to the Legislative council.
An executive council was established by the constitution. It was just an advisory body to the Governor. It consisted of 10 ex-official members who were principal officials of government. The Governor was empowered to nominate other official members as well. The Governor was vested with wide powers. He had veto and reserved power over any legislative bill.
Main Features of Clifford Constitution
The main features of Clifford Constitution include:
i. The introduction of elective principle into Nigerian politics.
ii. A Legislative Council was set up with 46 members out of which 27 were official members while 19 were unofficial members
iii. There was an executive council composed mainly the officials
iv. The legislative council legislated only for the Southern provinces.
v. Laws for the North were made by Governor’s proclamation.
vi. There were not Africans in the executive council.
vii. Voting was introduced as a means of taking decisions in the legislative council.
viii. The Executive Council wielded more power by advising the Governor on policy and initiating money resolutions with the Governor.
The Strengths and Weakness of Clifford Constitution.
The strengths of the Clifford constitution include:
i. The introduction of the first principle. The introduction of this principle led to the growth of political parties in Nigeria.
ii. The introduction of a single legislative council for the colony of Lagos and the protectorate of Southern Nigeria.
iii. The introduction of the elective principles also led to the formation of the first polity party (NNDP) in Nigeria in 1923.
The Weaknesses of the Constitution.
The weaknesses of the Clifford Constitution include:-
i. The isolation of the North from the legislative council. The Northern province was not represented in the legislative council which aptly demonist rates how hesitant the British were, allowing indigenous people have more say in the governance of their own nation.
ii. The exclusion of the Africans from the Executive Council.
iii. The power of the legislative council was effectively checked by the executive council, which was composed of only protons and which wielded enormous powers.
iv. The introduction of the British policy of Divide and Rule which laid the foundation for the birth and development of ethnicity and tribalism in Nigeria.
v. The enfranchisement of the people based on 12 months residence and the possession of a gross income of £100 per annum was not in the interest of Nigerians. Hence, they ever participated fully in the electioneering process.
THE RICHARD’S CONSTITUTION OF 1946
The criticisms of the Clifford’s Constitution of 1922 led to the introduction of the Richard’s Constitution in 1946. It was as a result of the weaknesses of the Clifford’s Constitution that made the Nigerian nationalists to pressurize Sir Bernard Bourdillon, the Governor of Nigeria from 1935 to 1943, to give them a new befitting constitution. It was Sir Bourdillon who split Nigeria into three regions of North, East and West in 1939.
The memorandum issued by Bourdillon on the future political development of Nigeria made useful proposals on the formulation of another constitution for Nigeria. These proposals formed the basis of the Richard’s Constitution of 1946 named after Sir Bernard Bourdillon’s successor, Sir Arthur Richard who was called Lord Milverton.
The draft constitution which Governor Richards presented to the Legislative Council of Nigeria on March 6, 1946, became a new constitution, on August 2, 1946 and came into force on January 1, 1947. The main aims of Richards constitution were to:
i. Promote national unity.
ii. Allow or secure greater participation for Africans in the discussion of their own affairs.
iii. Select and send their regional representatives to the central legislative council in Lagos.
iv. Clear for the social and political differences within the units in the country.
v. Evolve a constitutional framework to cover all parts of the country
vi. Create constitutional and political links between the naïve authorities and the legislative council.
The Main Features of Richards Constitution.
The main features of Richard’s Constitution include the following:-
i. The constitution established a single legislative council for the whole Nigeria. The South and the were now united under one legislative council.
ii. The constitution allowed majority unofficial members in the legislative council. And this the first time in the history of the country.
iii. The constitution introduced regional council.
iv. It also introduced the house of chiefs for the North.
v. The principle of regionalism was formally entrenched in constitution, recognized three the regions – Northern, Southern and Western.
The Strengths and Weaknesses of the Richard’s Constitution.
The strengths of the Richard’s constitution include the following.
i. More power and participation were released to the regions as against the Clifford’s Constitution of 1922 which made no provision for them.
ii. The requirement for the exercise of franchise was reduced
iii. More political parties and cultural groups emerged to act at the check against colonial rule in the country.
iv. It brought together for the very first time since 1923, North and southern Nigeria, making for the unity of the country.
v. Regional assemblies later became the body, that is, electoral college for electing representatives into the central legislative.
vi. The full blown federal structure of 1954 was laid down by this constitution. vii. The north and south were brought together for legislation.
The weakness of the Richard’s constitution include the following:-
i. The majority of the members of the central legislative were appointed.
ii. The regional councils were not allow to possess legislative power, thus making them to be rubber – stamp institutions.
iii. The power of the Executive Council was not curtailed.
iv. The constitution bred mutual distrust between the North and the South and West.
MCPHERSON CONSTITUTION OF 1951.
The Richard’s Constitution was severely critized by the Nationalists, because it was imposed on Nigerians without any prior consultation. In order to express the criticisms, the nationalists of the National council for Nigeria and Cameroons (NCNC) under Herbert Macaulay and Dr. Nnamdi Azikiwe toured important towns in the country, educated the people on the political issues at stake and collected donations to send a protest delegation to London.
It was partly because of this protest that, the Richard’s constitution which originally was intended to last for nine years, was replaced in 1951 by the McPherson constitution. It’s author, Sir John McPherson, who succeeded Sir, Athur Richard as Governor, was sensitive to the criticisms that the Richard’s constitution had not been based on prior consultation with the Nigerians. He therefore allowed three years, from 1948 to 1951, for public opinion on his proposals to be expressed at district, provincial and regional levels. The various recommendations were considered and many of them included in the final version of the new constitution.
The Main Features of McPherson Constitution.
The basic features of McPherson are:
i. The constitution ensured the reliance of the region on the central government. For instance, the lieutenant – Governor could only exercise his reserved power of legislation with the agreement of the Governor at the centre. Also, the central legislature could withdraw or add any matter from the regional legislative list.
ii. The central legislatur e was empowered to legislate in all thee federation and had powers to veto proposed legislation.
iii. In the North, the legislative powers were exercised but the House Assembly and the House of chiefs. Likewise in the West. However, the power was exercised by only the House of Assembly in the East. In the Northern Regional Assembly, 90 members were elected 10 were not elected. In the Western Region, 80 members were elected 7 were not elected. In the Eastern Region, 80 members were elected while 8 others were appointed.
iv. The Regional House of Assembly were empowered to legislate on certain matters. However such legislation was not exclusive as it could be upturned by the Governor.
v. The constitution made provision for revenue allocation to the region.
The Strengths and Weaknesses of McPherson Constitution.
The strengths of the constitution include the following:-
i. The constitution introduced a new central law – making body called the House of Representatives.
ii. Each region was represented in the House of Representatives. For example, North had 68 seats, East and West had 34 seats each.
iii. The regions were given more powers and made autonomous.
iv. Both the North and West now had bicameral legislature, for example, House of Assembly and Chiefs.
v. The motion was moved in the House of Representatives and discussed at 1953’s London Constitutional Conference. It laid the foundation for the process of decolonization of Nigeria.
vi. Powers were shared between the regions and the central govern. The constitution defined their powers, making the regions subordinate to the central government.
vii. For the first time, Nigerians took part in the making of the constitution, through constitutional conferences.
viii. It stimulated the formation and development of political parties
The Weaknesses of the Constitution.
The weaknesses of the constitution include the following:-
i. The existence of Regional/Ethnic politics which succeeded in weakening the central legislative, for example, the representative at the centre were more loyal to their regions.
ii. There was no responsible government at the centre, for example, ministers were not given portfolios, but could initiate discussion of policy in the council.
iii. The exclusion of Nnamdi Azikiwe from the central legislature led to the crisis in the Eastern House of Assembly.
iv. Chief Anthony Enahoro in 1953, moved the motion in the House of Representatives requesting for self-government for Nigeria in 1956. The motion was rejected by Northern politicians and it caused bad blood between Northern and Southern politicians.
v. The Kano riot of 1953, this riot demonstrated the weakness and failure of McPherson constitution.
vi. The constitution provided for an all powerful governor with veto power to legislate on any matter in the country.
vii. The three major political parties the NCNC NPC, and AG were all regional parties. Infact, none of them commanded a nation –wide support.
viii. In 1953, crisis erupted with the NCNC as a party and the out come of this was the expulsion of some party members. The expelled members formed a new party called United Independent Party (UIP).
ix. There was no provision for the office of a Prime Minister as the head of government in the country and premiers of the regions; whereas the offices of Council of Ministers and regional executive council were created at the central and regional levels of government respectively.
x. The Lieutenant – Governors of the regions were member of both the regional legislature and the House of Representatives.
xi. The constitution encouraged ethnic nationalism and the emergence of political parties along tribal lines for example, NPC and A.G.
The Constitutional Conference of 1953.
As we all know, if your house is on fire, you don’t wait till the house collapses before you start salvaging it. That is why the two political parties in the South. NCNC and AG called upon the British authorities to do something about the crisis and tensions generated by the crises. This led to the constitutional conference of 1953 where each of the regions were represented by six persons.
Parts of their recommendations were:
i. That legislative power should be shared between the centre and the federating regions. Also residual powers are to be in the region.
ii. That a regional administration be extended to Cameroon if the people so desired in a referendum
iii. That Lagos should be ostracized from the Western Region and be a neutral entity. iv. That self government be granted to the region in 1956.
In 1954, the Lagos Conference was convened to reconsider outstanding issues in the 1953 conference. Part of the recommendations made were:-
i. The regionalization of public service and judiciary
ii. That autonomy be granted to Southern Cameroon.
THE LYTTLETON CONSTITUTION OF 1954
The Lyttleton constitution of 1954 was complementary in nature, it is so, because it only effected certain changes in the structure and it also effected substantial changes in the 1953 and 1954 constitutional conferences. And it will be true if one asserts that the decisions of the two conferences were embodied in the Lyttleton’s constitution. McPherson constitution was revised through 1953 London and 1954 Lagos Constitutional Conferences. The product of this revision exercise was the Lyttleton Constitution.
Main Feature of Lyttleton Constitution
i. The Governor became known as the Governor – General of the Federation of Nigeria and the Lieutenant – General became Governors of their respective region.
ii. The offices of the speaker and the deputy speaker were created to preside over regional legislatures with the exception of the North.
iii. The establishment of regional premiers who headed regional executive councils and appointed ministers to take care of government departments.
iv. The regionalization of the judiciary and the public service or the civil service.
v. A reduction in the number of official members and appointed members in the central and regional legislatures as well as in the executive councils. The proportion of elected members was substantially increased.
vi. A revised division of powers between the central and regional governments.
vii. The central legislature was unicameral
viii. Each region had three ministers in the council of ministers at the federal level.
ix. There was no provision for the office of a Prime Minister at the centre.
The Strengths and Weaknesses of Lyttleton Constitution
The strengths of the constitution includes the following:-
i. The constitution marked the beginning of direct elections to both the federal and regional legislatures in Nigeria.
ii. Nigerians were for the first time appointed ministers with portfolios (for example, Heads of Department).
iii. The constitution introduced the posts of permanent secretaries and parliamentary secretaries in Nigeria.
iv. The constitution moved Nigeria nearer to independence
v. The process of decision – making was also made more efficient by the involvement of the council of ministers.
The weaknesses of the constitution include the following:
i. There was no Bicameral legislature at the center.
ii. At a time when the call for independence was rife, the veto – power of the Governor – General was a big minus.
iii. The constitution did not provide for a uniform electoral system in Nigeria, in face of allegations, of partiality by the oppositions.
iv. The constitution could not successfully prevent regional allegiance by the ministers which was dangerous to decision – making process and national unity.
INDEPENDENCE AND POST-INDEPENDENCE CONSTITUTIONS OR CONSTITUTIONAL DEVELOPMENT IN NIGERIA II
HISTORICAL BACKGROUND
The conference which became the last constitutional conference held before the attainment of Independence in 1960, also took place in London from September 29 to October 27, 1958. The resumed constitutional conference of 1958 was the last Nigerian constitutional conference held before the attainment of Independence in 1960. It was convened to consider the report of the Willink’s commission on the minority the conference resolved among other issues, that the Northern part of Nigeria should be self-governing by 1959 and that if a resolution was passed by the parliament asking for independence, in 1960, then her majesty government would propose a bill of independence in 1960.
In December, 1959, a nationwide general election was held into the Federal House of Representatives. In the election, no single party won an over all majority as was the case in 1954, while in September, 1960, the parliament has enacted a law on Nigeria’s independence.
MAIN FEATURES OF INDEPENDENCE CONSTITUTION OF 1960
The main features of independence constitution include the following:-
i. The constitution provided for a democratic parliamentary system of government. ii. A federal system of government was retained.
iii. The Governor – General was the ceremonial Head of State, representing the Queen of England.
iv. The Head of government and administration was the Prime Minister
v. The constitution provided for a bi-cameral legislature at the center, namely, the Senate and House of Representatives.
vi. Each of the three regions had a House of Assembly and a House of Chiefs.
vii. The 1960 constitution provided for a premier as the Head of Executive for each of the regions. Also provision was made for a ceremonial governor for each of the regions.
viii. The fundamental human rights of the citizens were entrenched in the constitution.
ix. The final court of Appeal was the Privy Council in London
x. The constitution defined who a citizen was and how to acquire citizenship xi. The constitution contained the procedure for amendment. The 1960 constitution was rigid. xii. It laid down the procedure for creating new regions, for example, MidWestern region was created in 1963.
xi. The federal government was given the power to declare a state of emergency in any part of the country. If there were crises or war. However, resolution would be passed by the House of Representatives with a two – third majority supporting it.
xii. The constitution divided the legislative powers of government into three – exclusive, concurrent and residual lists. For example, only the central government could make laws (through the parliament) on issues listed. Under exclusive legislative list: (currency, power, defence, external affairs etc).
xiii. Judges of the Supreme and High Courts were appointed on the advice of judicial service commission consisting of the judges.
THE STRENGTHS OF THE INDEPENDENCE CONSTITUTION
The strengths of the independence constitution include the following:
i. The Nigerians for the first time were given full fundamental human rights.
ii. The discussion of Nigeria’s affairs were left almost entirely in the hands of Nigerians.
iii. The constitution of Nigeria was no longer emended by the British authorities but by Nigerian.
iv. For the first time, a Nigerian became a Governor – General and Prime Minister.
v. For the first time, Nigeria had a Bicameral legislature
THE WEAKNESSES OF INDEPENDENCE CONSTITUTION
The weaknesses of the independence constitution include the following:
i. The minorities issues were not addressed as it did not recommend the creation of new regions to pacify the minorities.
ii. The Northern Region was allowed to retain its big size which was bigger than the Eastern and Western Regions put together. This made the other regions to struggle always to form a coalition government with the Northern Region. The struggle always led to electoral crisis; e.g. 1964, general election in Nigeria .
iii. The Queen of England remained the political head of Nigeria and the Governor – General of Nigeria signed bills and carried out functions on behalf of the Queen of England.
iv. The big sizes of the regions and their extensive powers over natural resources formed a major weakness of the federal government which under the arrangement was weaker than the federating regions.
v. The privy council in London remained the highest judicial court of Nigeria. Cases were referred to it for the final adjudication. vi. The constitution was drafted in London by the imperialists for Nigeria.
REASONS FOR POLITICAL INSTABILITY
POST INDEPENDENCE IN NIGERIA.
The reasons for political instability in post independence Nigeria includes:-
i. Economic Mismanagement: The politicians embarked on prestigious and economically unviable projects which did not benefit the citizens.
ii. Embezzlement and Mismanagement: There was embezzlement and misappropriation of public funds by different regimes.
iii. Election Irregularities: Election rigging and persecution of political opponents remain the order of the day.
iv. Disregard for the Constitution: there was complete disregard for the constitution and the rule of law.
v. Tribalism and Nepotism: there was tribalism and nepotism, particularly in the appointment of public officers and in the distribution of amenities
vi. Disagreement over Revenue Sharing: There was political interference in military affairs.
vii. Religious Intolerance: There was widespread religious intolerance and violence which the retarded national unity.
viii. Bribery and Corruption: Politicians engaged in large – scale bribery and corruption.
ix. Effect of Coups: The initial psychological impact of coups in neighbouring African states also led to instability in Nigeria.
x. Sit- tight Leaders: the desire of political leaders to stay long in power is also responsible for the instability.
xi. Census Figures: Figures from head counts were inflated by the component regions or states that make up the country.
xii. Economic Hardship: There was economic hardship caused by inflation and unemployment.
xiii. Foreign Interference: External influence from big nations and institutions also promoted instability in the country.
THE REPUBLICAN CONSTITUTION OF 1963
HISTORICAL BACKGROUND OF THE REPUBLICAN CONSTITUTION OF 1963.
Following the independence of Nigeria in 1960, the Nigerian leaders started ruling the country on the basis of the independence constitution of 1960. The first three years of independence afforded the leaders the opportunity of identifying the short comings of the 1960 constitution. It is well said that experience is the best teacher. Having been in power for sometimes, the leaders of Nigeria now considered themselves experienced enough to carry out far reaching changes which has direct impact on the live of Nigerians. Also, the practice by which the judicial committee of the Privy Council was the final arbiter and was disgusting and as such, there was urgent need to effect changes.
The Prime Minister and regional premiers met in May 1963 in order to discuss and settle constitutional issues. So, the conference of heads of government of Nigeria agreed to summon an all – party constitutional conference in Lagos to suggest to it, important changes in the constitution. The all – party conference met in July, 1963 and agreed that Nigeria should become a republic and that the president of the republic should have the same powers and functions as the Governor – General had under the Independence Constitution. So, a constitutional conference was held in Lagos between July 25 and 26, 1963. It was the first indigenous constitutional conference by Nigerians and the first constitution ever to be drafted by Nigerians for Nigerians.
MAIN FEATURES OF THE REPUBLICAN CONSTITUTION OF 1963
The following are the salient characteristics or features of the Republican Constitution of 1963.
i. Nigeria became a republic within the Commonwealth and the Queen of England ceased to be the Head of State of Nigeria.
ii. The President who was a ceremonial Head of State replaced the Governor – General who represented the Queen of England
iii. The President was to be selected and could be removed by the parliament
iv. The Supreme Court of Nigeria became the highest court in the country. Appeal cases stopped going to the Privy Council in London, but rather to the Supreme Court of Nigeria.
v. It abolished the Judicial service commission and the president was vested with the powers to appoint, transfer and promote the judges.
vi. A federal judge could be removed from office by two-third majority of the parliament i.e. House of Representatives and the Senate.
vii. The Director of Public Prosecution (DPP) was brought under the political control of the Attorney General of the Federation
viii. The process of creating new regions and the formula for revenue allocation were campaign input into the constitution
ix. All the other features of the Independence constitution remained except for those that subjugated Nigeria to Britain.
x. Fundamental Human Rights were guaranteed by the constitution.
STRENGTHS OF THE REPUBLICAN CONSTITUTION OF 1963
The advantages or strengths of the Republican Constitution of 1963 are as follows:-
i. Nigeria became a Republic and was accorded full political independence since the Queen was no longer the Head of State.
ii. The Supreme Court in Nigeria became the highest court in the country, that is, the Privy Council was no longer the highest court.
iii. Emergency powers conferred on the Federal Government were retained.
iv. Fundamental Human Rights were protected, that is, the liberty of the citizens.
v. The constitution provided an acceptable revenue allocation formula. vi. The constitution provided the process for creation of more states.
THE WEAKNESSES OF REPUBLICAN CONSTITUTION OF 1963
The weaknesses of the Republican Constitution of 1963 are as follows:
i. The constitution did not provide for the independence of the Judiciary
ii. There was no complete separation of powers among the organs of government but fusion of powers.
iii. The emergency power granted to the Federal Government curtailed the personal liberty of the citizens, that is, their fundamental human rights
iv. A major weakness of the constitution was that it did not allow for checks and balances on the part of the executive and legislature as the constitution was parliamentary. The fusion of power did not encourage accountability and moderation on the part of the politicians.
Historical Background of the Presidential Constitution of 1979
The military intervention of January 1966 brought an end to the operation of the republican constitution of 1963. General Murtala Mohammed who took over the control of government on July, 29, 1975, inaugurated a Constitution Drafting Committee (CDC) on October 18, 1975 and charged it to produce a new constitution for Nigeria which would, as much as possible, eliminate the constitutional problems experienced in Nigeria. The committee visited several countries and studied the various constitutions in operation in different countries of the world. The draft of the committee was studied and reviewed by a Constituent Assembly (CA).
General Murtala Mohammed did not live to fulfill the promise but it was his successor, Lt. – General Olusegun Obasanjo who made the promise a reality. This started with the establishment in 1975 of the Constitution Drafting Committee (CDC). This proposed 50 members Committee which finally consisted of 49 members as a result of the fact that Chief Obafemi Awolowo opted out because he was not duly informed, was chaired by Chief Rotimi Williams, a guru in constitutional law.
The establishment of a Constituent Assembly in 1976 followed later. The 230 member assembly under the chairmanship of Justice Udo Udoma was made up of 190 indirectly elected and 40 Federal Military Government appointed members. The assembly was mainly to examine and ratify the draft constitution by the C.D.C. The constitution was finally promulgated after about 17 minor amendments were made and it came into effect on October 1, 1979. when Alhaji Shehu Shagari because the first Executive President of Nigeria.
MAIN FEATURES OF THE PRESIDENTIAL CONSTITUTION OF 1979
The following are the main features of the presidential constitution of 1979.
1. The constitution jettisoned the parliamentary system of government and introduced the presidential system similar to that of the United State of America.
2. The presidential system of government was headed by an executive president who acted as both the head of state and head of government.
3. The president was directly elected by the electorate in a general election.
4. He appointed his Ministers outside the legislature subject to the confirmation by the Senate and they were responsible to him.
5. At least one Minister must come from each of the states of the federation.
6. There was a vice – president who acted as the running mate of the president in the election.
7. the president and vice – president can be removed from office by impeachment.
8. There was the principle of separation of powers among the three organs of government.
9. There was a constitutional provision for institutionalized opposition as was done in parliamentary system.
10. A Governor who acted as the Chief Executive with a Deputy Governor with other members of the executive appointed by the Governor called commissioners existed in each state of the federation.
11. The president was empowered by the constitution to appoint his political advisers and 19 liaison officers who were responsible to him. The governor was also allowed to appoint special advisers.
12. The president and the governor were to hold office for four years of not more than two terms if re-elected.
13. The national Assembly was bicameral which consisted of the Senate and House of Representatives. The Senate as made up of 95 members of which 5 came from each state and one from Abuja. While House of Representatives had 450 members and the states had unicameral legislature.
14. The president was also made the commandeer in chief of the armed forces.
15. Lobbying was allowed while cross-carpeting was disallowed by the constitution.
16. A council of state was created by the constitution which comprised the president. Vice – president, the former Heads of state, former chief justices, senate president, the speaker of the House of Representatives, all the state Governors, the Attorney – General and one paramount chief from each state. The council was empowered to advise the president on important national issues. 1
7. Another body known as the National Economic Council chaired by the Vice – President with all state Governors and the Governor of the central bank as members was also created by the presidential constitution of 1979.
18. The Judiciary was empowered by the constitution to interpret the law and judicial review power granted to it while the legislature was given among other functions and powers the approval of presidential nominations for high political offices; removal of the chief executive through impeachment, etc.
19. The inclusion of the principle of federal character
FUNCTIONS OF THE PRESIDENT UNDER THE PRESIDENTIAL CONSTITUTION OF 1979 1. He was both the Head of State and the Chief Executive of the government. In this position, he performed all state functions.
2. He signed bilateral agreements with other nations after such agreements had received the approval of the National Assembly.
3. He authorized the withdrawal of money from the state consolidated funds.
4. He signed into law bill passed by the National Assembly. He can also refuse to endorse some of the bills.
5. He prepared and presented the annual budget and estimates to the National Assembly for approval.
6. He was the commander – in – chief of the Nigerian Armed Forces.
7. He exercised veto power over bills already passed by the National Assembly and had the prerogative powers to pardon offenders.
8. Under emergency situation, the president proclaimed state of emergency in any part of the country with the approval of the National Assembly.
9. He formulated and implemented government policies and could send bills for debate and approval to the National Assembly.
10. He recruited his staff while in government e.g. Ministers, Secretaries, advisers, etc.
THE STRENGTHS OF THE PRESIDENTIAL CONSTITUTION OF 1979
The strengths/merits of the Presidential Constitution include the following:-
i. A new federal capital territory was provided for by the constitution.
ii. There is separation of powers as members of the executive are not members of the legislature. This promoted effectiveness of the there if government organs and the freedom and liberty of the citizens.
iii. The President had a free hand when selecting his ministers.
iv. The President is above his political parties. The party does not have control over him since he is popularly elected by the electorates and he is responsible to the electorates.
v. The President appoints his ministers. He can direct and check their activities as they are individually responsible to him. vi. Fundamental Human Rights were fully elaborated and guaranteed.
vi. The constitution was supreme and as such must be obeyed and respected by all authorities and citizens. viii. It fixed the tenure of office of the political office holders thus, it prevents the tendency of any leader or party from perpetuating itself in power.
THE WEAKNESSES OR DEMERITS OF THE PRESIDENTIAL CONSTITUTION OF 1979.
The weaknesses of the presidential constitution of 1979 include the following:-
i. It is expensive to operate as functions are duplicated.
ii. The law – makers can use the impeachment clause indiscriminately and to victimize a political opponent. iii. Due to separation of powers, there can be delay in the execution of government programme.
iii. There is concentration of powers in the hands of the president since the combines the functions of the Head of State and government
iv. There is the possibility of problems coming up between the executive and the legislature especially when the ruling party is not maintaining the majority in the legislature.
v. The appointments of people into federal establishments may not reflect federal character. This is because some sections of the country would still feel neglected.
REASONS FOR FREQUENT CHANGES IN NIGERIA’S CONSTITUTION
The following are some of the reasons of frequent changes in Nigeria’s constitution.
i. No section of the country is willing or prepared to concede her interests to maintain the stability of the country.
ii. All the ethnic groups suspect one another and the fear of domination still remains very strong in the politics of Nigeria
iii. Corruption is highly condoned in Nigeria and people view public office as a quick avenue to wealth. They then urge for constitution changes to suit their desires.
iv. Poverty is rampant in Nigeria and there are few openings for acquiring wealth. People regard government connections as the ultimate means and so compete for them.
v. Frequent military intervention in the politics of Nigeria and the change of government always resulted in the suspension of some section of the constitution or outright cancellation of the existing constitution.
MILITARY RULE IN NIGERIA
HISTORICAL BACKGROUND
The first military coup d’etat that took place in Nigeria occurred on January 15, 1966, when the civilian government of Alhaji Abubakar Tafawa Balewa was ousted from power by some five young majors of the Nigerian Army led by Major Chukwuma Nzeogwu. The coup was bloody because the Head of Government, Alhaji Abubakar Tafawa Balewa, some of his ministers and two regional premiers lost their lives in the exercise. Between January 1966 and November 1993, Nigeria has recorded over 11 military coups (six successful, two unsuccessful and three phantom).
On January 15, 1966, the civilian government of Alhaji Abubakar Tafawa Balewa was ousted in a bloody coup led by Major Chukwuma Nzeogwu. On July 29, 1966, the military government of Major – General Aguiyi Ironsi was overthrown in a bloody coup staged by young Northern Regional Army Officers led by Lt. Col. T.Y. Danjuma was overthrown by General Murtala Mohammed in a bloodless coup. The coup took place while Gowon was attending the O.A.U summit in Kampala, Uganda. On February 13, 1976, an aborted military coup was staged by Lt. Col. D.S. Dimka. It was bloody, General Murtala Mohammed was killed in the exercise. On December 31, 1983, the civilian government of the first Executive President of Nigeria Alhaji Shehu Shagari was overthrown by the duo of Generals Muhammadu Buhari and Tunde Idiagbon. It was bloodless.
On August 27, 1985, the military government of Generals, Buhari and Idiabgon was ousted from power by General Ibrahim Badamosi Babangida in a bloodless coup. On November 17, 1993, a palace coup was organized by General Sani Abacha to oust the Interim National Government of Chief Ernest Shonekan.
Military governments are not democratic governments. They are not constitutional and they rule by decrees – which are all the time viewed as draconian. The military ruled Nigeria for thirty years between 1960 and 1999.
The reasons for political instability in post independence Nigeria includes:-
i. Economic Mismanagement: The politicians embarked on prestigious and economically unviable projects which did not benefit the citizens.
ii. Embezzlement and Mismanagement: There was embezzlement and misappropriation of public funds by different regimes.
iii. Election Irregularities: Election rigging and persecution of political opponents remain the order of the day.
iv. Disregard for the Constitution: there was complete disregard for the constitution and the rule of law.
v. Tribalism and Nepotism: there was tribalism and nepotism, particularly in the appointment of public officers and in the distribution of amenities
vi. Disagreement over Revenue Sharing: There was political interference in military affairs.
vii. Religious Intolerance: There was widespread religious intolerance and violence which the retarded national unity.
viii. Bribery and Corruption: Politicians engaged in large – scale bribery and corruption.
ix. Effect of Coups: The initial psychological impact of coups in neighbouring African states also led to instability in Nigeria.
x. Sit- tight Leaders: the desire of political leaders to stay long in power is also responsible for the instability.
xi. Census Figures: Figures from head counts were inflated by the component regions or states that make up the country.
xii. Economic Hardship: There was economic hardship caused by inflation and unemployment.
xiii. Foreign Interference: External influence from big nations and institutions also promoted instability in the country.
THE REPUBLICAN CONSTITUTION OF 1963
HISTORICAL BACKGROUND OF THE REPUBLICAN CONSTITUTION OF 1963.
Following the independence of Nigeria in 1960, the Nigerian leaders started ruling the country on the basis of the independence constitution of 1960. The first three years of independence afforded the leaders the opportunity of identifying the short comings of the 1960 constitution. It is well said that experience is the best teacher. Having been in power for sometimes, the leaders of Nigeria now considered themselves experienced enough to carry out far reaching changes which has direct impact on the live of Nigerians. Also, the practice by which the judicial committee of the Privy Council was the final arbiter and was disgusting and as such, there was urgent need to effect changes.
The Prime Minister and regional premiers met in May 1963 in order to discuss and settle constitutional issues. So, the conference of heads of government of Nigeria agreed to summon an all – party constitutional conference in Lagos to suggest to it, important changes in the constitution. The all – party conference met in July, 1963 and agreed that Nigeria should become a republic and that the president of the republic should have the same powers and functions as the Governor – General had under the Independence Constitution. So, a constitutional conference was held in Lagos between July 25 and 26, 1963. It was the first indigenous constitutional conference by Nigerians and the first constitution ever to be drafted by Nigerians for Nigerians.
MAIN FEATURES OF THE REPUBLICAN CONSTITUTION OF 1963
The following are the salient characteristics or features of the Republican Constitution of 1963.
i. Nigeria became a republic within the Commonwealth and the Queen of England ceased to be the Head of State of Nigeria.
ii. The President who was a ceremonial Head of State replaced the Governor – General who represented the Queen of England
iii. The President was to be selected and could be removed by the parliament
iv. The Supreme Court of Nigeria became the highest court in the country. Appeal cases stopped going to the Privy Council in London, but rather to the Supreme Court of Nigeria.
v. It abolished the Judicial service commission and the president was vested with the powers to appoint, transfer and promote the judges.
vi. A federal judge could be removed from office by two-third majority of the parliament i.e. House of Representatives and the Senate.
vii. The Director of Public Prosecution (DPP) was brought under the political control of the Attorney General of the Federation
viii. The process of creating new regions and the formula for revenue allocation were campaign input into the constitution
ix. All the other features of the Independence constitution remained except for those that subjugated Nigeria to Britain.
x. Fundamental Human Rights were guaranteed by the constitution.
STRENGTHS OF THE REPUBLICAN CONSTITUTION OF 1963
The advantages or strengths of the Republican Constitution of 1963 are as follows:-
i. Nigeria became a Republic and was accorded full political independence since the Queen was no longer the Head of State.
ii. The Supreme Court in Nigeria became the highest court in the country, that is, the Privy Council was no longer the highest court.
iii. Emergency powers conferred on the Federal Government were retained.
iv. Fundamental Human Rights were protected, that is, the liberty of the citizens.
v. The constitution provided an acceptable revenue allocation formula. vi. The constitution provided the process for creation of more states.
THE WEAKNESSES OF REPUBLICAN CONSTITUTION OF 1963
The weaknesses of the Republican Constitution of 1963 are as follows:
i. The constitution did not provide for the independence of the Judiciary
ii. There was no complete separation of powers among the organs of government but fusion of powers.
iii. The emergency power granted to the Federal Government curtailed the personal liberty of the citizens, that is, their fundamental human rights
iv. A major weakness of the constitution was that it did not allow for checks and balances on the part of the executive and legislature as the constitution was parliamentary. The fusion of power did not encourage accountability and moderation on the part of the politicians.
Historical Background of the Presidential Constitution of 1979
The military intervention of January 1966 brought an end to the operation of the republican constitution of 1963. General Murtala Mohammed who took over the control of government on July, 29, 1975, inaugurated a Constitution Drafting Committee (CDC) on October 18, 1975 and charged it to produce a new constitution for Nigeria which would, as much as possible, eliminate the constitutional problems experienced in Nigeria. The committee visited several countries and studied the various constitutions in operation in different countries of the world. The draft of the committee was studied and reviewed by a Constituent Assembly (CA).
General Murtala Mohammed did not live to fulfill the promise but it was his successor, Lt. – General Olusegun Obasanjo who made the promise a reality. This started with the establishment in 1975 of the Constitution Drafting Committee (CDC). This proposed 50 members Committee which finally consisted of 49 members as a result of the fact that Chief Obafemi Awolowo opted out because he was not duly informed, was chaired by Chief Rotimi Williams, a guru in constitutional law.
The establishment of a Constituent Assembly in 1976 followed later. The 230 member assembly under the chairmanship of Justice Udo Udoma was made up of 190 indirectly elected and 40 Federal Military Government appointed members. The assembly was mainly to examine and ratify the draft constitution by the C.D.C. The constitution was finally promulgated after about 17 minor amendments were made and it came into effect on October 1, 1979. when Alhaji Shehu Shagari because the first Executive President of Nigeria.
MAIN FEATURES OF THE PRESIDENTIAL CONSTITUTION OF 1979
The following are the main features of the presidential constitution of 1979.
1. The constitution jettisoned the parliamentary system of government and introduced the presidential system similar to that of the United State of America.
2. The presidential system of government was headed by an executive president who acted as both the head of state and head of government.
3. The president was directly elected by the electorate in a general election.
4. He appointed his Ministers outside the legislature subject to the confirmation by the Senate and they were responsible to him.
5. At least one Minister must come from each of the states of the federation.
6. There was a vice – president who acted as the running mate of the president in the election.
7. the president and vice – president can be removed from office by impeachment.
8. There was the principle of separation of powers among the three organs of government.
9. There was a constitutional provision for institutionalized opposition as was done in parliamentary system.
10. A Governor who acted as the Chief Executive with a Deputy Governor with other members of the executive appointed by the Governor called commissioners existed in each state of the federation.
11. The president was empowered by the constitution to appoint his political advisers and 19 liaison officers who were responsible to him. The governor was also allowed to appoint special advisers.
12. The president and the governor were to hold office for four years of not more than two terms if re-elected.
13. The national Assembly was bicameral which consisted of the Senate and House of Representatives. The Senate as made up of 95 members of which 5 came from each state and one from Abuja. While House of Representatives had 450 members and the states had unicameral legislature.
14. The president was also made the commandeer in chief of the armed forces.
15. Lobbying was allowed while cross-carpeting was disallowed by the constitution.
16. A council of state was created by the constitution which comprised the president. Vice – president, the former Heads of state, former chief justices, senate president, the speaker of the House of Representatives, all the state Governors, the Attorney – General and one paramount chief from each state. The council was empowered to advise the president on important national issues. 1
7. Another body known as the National Economic Council chaired by the Vice – President with all state Governors and the Governor of the central bank as members was also created by the presidential constitution of 1979.
18. The Judiciary was empowered by the constitution to interpret the law and judicial review power granted to it while the legislature was given among other functions and powers the approval of presidential nominations for high political offices; removal of the chief executive through impeachment, etc.
19. The inclusion of the principle of federal character
FUNCTIONS OF THE PRESIDENT UNDER THE PRESIDENTIAL CONSTITUTION OF 1979 1. He was both the Head of State and the Chief Executive of the government. In this position, he performed all state functions.
2. He signed bilateral agreements with other nations after such agreements had received the approval of the National Assembly.
3. He authorized the withdrawal of money from the state consolidated funds.
4. He signed into law bill passed by the National Assembly. He can also refuse to endorse some of the bills.
5. He prepared and presented the annual budget and estimates to the National Assembly for approval.
6. He was the commander – in – chief of the Nigerian Armed Forces.
7. He exercised veto power over bills already passed by the National Assembly and had the prerogative powers to pardon offenders.
8. Under emergency situation, the president proclaimed state of emergency in any part of the country with the approval of the National Assembly.
9. He formulated and implemented government policies and could send bills for debate and approval to the National Assembly.
10. He recruited his staff while in government e.g. Ministers, Secretaries, advisers, etc.
THE STRENGTHS OF THE PRESIDENTIAL CONSTITUTION OF 1979
The strengths/merits of the Presidential Constitution include the following:-
i. A new federal capital territory was provided for by the constitution.
ii. There is separation of powers as members of the executive are not members of the legislature. This promoted effectiveness of the there if government organs and the freedom and liberty of the citizens.
iii. The President had a free hand when selecting his ministers.
iv. The President is above his political parties. The party does not have control over him since he is popularly elected by the electorates and he is responsible to the electorates.
v. The President appoints his ministers. He can direct and check their activities as they are individually responsible to him. vi. Fundamental Human Rights were fully elaborated and guaranteed.
vi. The constitution was supreme and as such must be obeyed and respected by all authorities and citizens. viii. It fixed the tenure of office of the political office holders thus, it prevents the tendency of any leader or party from perpetuating itself in power.
THE WEAKNESSES OR DEMERITS OF THE PRESIDENTIAL CONSTITUTION OF 1979.
The weaknesses of the presidential constitution of 1979 include the following:-
i. It is expensive to operate as functions are duplicated.
ii. The law – makers can use the impeachment clause indiscriminately and to victimize a political opponent. iii. Due to separation of powers, there can be delay in the execution of government programme.
iii. There is concentration of powers in the hands of the president since the combines the functions of the Head of State and government
iv. There is the possibility of problems coming up between the executive and the legislature especially when the ruling party is not maintaining the majority in the legislature.
v. The appointments of people into federal establishments may not reflect federal character. This is because some sections of the country would still feel neglected.
REASONS FOR FREQUENT CHANGES IN NIGERIA’S CONSTITUTION
The following are some of the reasons of frequent changes in Nigeria’s constitution.
i. No section of the country is willing or prepared to concede her interests to maintain the stability of the country.
ii. All the ethnic groups suspect one another and the fear of domination still remains very strong in the politics of Nigeria
iii. Corruption is highly condoned in Nigeria and people view public office as a quick avenue to wealth. They then urge for constitution changes to suit their desires.
iv. Poverty is rampant in Nigeria and there are few openings for acquiring wealth. People regard government connections as the ultimate means and so compete for them.
v. Frequent military intervention in the politics of Nigeria and the change of government always resulted in the suspension of some section of the constitution or outright cancellation of the existing constitution.
MILITARY RULE IN NIGERIA
HISTORICAL BACKGROUND
The first military coup d’etat that took place in Nigeria occurred on January 15, 1966, when the civilian government of Alhaji Abubakar Tafawa Balewa was ousted from power by some five young majors of the Nigerian Army led by Major Chukwuma Nzeogwu. The coup was bloody because the Head of Government, Alhaji Abubakar Tafawa Balewa, some of his ministers and two regional premiers lost their lives in the exercise. Between January 1966 and November 1993, Nigeria has recorded over 11 military coups (six successful, two unsuccessful and three phantom).
On January 15, 1966, the civilian government of Alhaji Abubakar Tafawa Balewa was ousted in a bloody coup led by Major Chukwuma Nzeogwu. On July 29, 1966, the military government of Major – General Aguiyi Ironsi was overthrown in a bloody coup staged by young Northern Regional Army Officers led by Lt. Col. T.Y. Danjuma was overthrown by General Murtala Mohammed in a bloodless coup. The coup took place while Gowon was attending the O.A.U summit in Kampala, Uganda. On February 13, 1976, an aborted military coup was staged by Lt. Col. D.S. Dimka. It was bloody, General Murtala Mohammed was killed in the exercise. On December 31, 1983, the civilian government of the first Executive President of Nigeria Alhaji Shehu Shagari was overthrown by the duo of Generals Muhammadu Buhari and Tunde Idiagbon. It was bloodless.
On August 27, 1985, the military government of Generals, Buhari and Idiabgon was ousted from power by General Ibrahim Badamosi Babangida in a bloodless coup. On November 17, 1993, a palace coup was organized by General Sani Abacha to oust the Interim National Government of Chief Ernest Shonekan.
Military governments are not democratic governments. They are not constitutional and they rule by decrees – which are all the time viewed as draconian. The military ruled Nigeria for thirty years between 1960 and 1999.
FEATURES/CHARACTERISTICS OF MILITARY RULE IN NIGERIA
The Armed Forces have features or characteristics which distinguish them from other groups in all political systems. These features or characteristics include the following:-
1. The suspension and modification of some sections of constitution to be in line with the military rule.
2. Dictatorial form of government.
3. A highly centralized system of government
4. Rule with decrees.
5. Absence of all forms of opposition.
6. Fusion of the legislative and the executive arms of government.
7. Inclusion of civilians in the administration
8. The use of coercion in the implementation of policies.
9. Absence of elections
10. Closure of the country’s borders, sea and airports when the military come to power
11. Imposition of dusk to dawn curfew whenever the military take over power in a country. 12. The military anywhere in the world monopolies the chief instruments of violence in the political system
The Armed Forces have features or characteristics which distinguish them from other groups in all political systems. These features or characteristics include the following:-
1. The suspension and modification of some sections of constitution to be in line with the military rule.
2. Dictatorial form of government.
3. A highly centralized system of government
4. Rule with decrees.
5. Absence of all forms of opposition.
6. Fusion of the legislative and the executive arms of government.
7. Inclusion of civilians in the administration
8. The use of coercion in the implementation of policies.
9. Absence of elections
10. Closure of the country’s borders, sea and airports when the military come to power
11. Imposition of dusk to dawn curfew whenever the military take over power in a country. 12. The military anywhere in the world monopolies the chief instruments of violence in the political system
***Strategies of acquiring legitimacy
- Discrediting overthrown regime
- Rolling out populist policies
- Appointing vocal citizens especially intelligentsia
- Divide and rule strategies
- Discrediting overthrown regime
- Rolling out populist policies
- Appointing vocal citizens especially intelligentsia
- Divide and rule strategies
REASONS FOR MILITARY INTERVENTION IN NIGERIA.
The following are some of the reasons for military intervention in Nigerian politics.
1. Tribal Loyalty:- This is a great problem facing Nigeria as a nation. Tribal loyalty takes precedence over loyalty to the central government.
2. Regional Differences:- Differences among the regions were so acute as to direct assumption of power.
3. Regional /State Based Political Parties:- Political parties of the First Republic were all regional political parties. There was no one of them that commanded a nation – wide support. For example, NPC was for the North, NCNC was for the East and A.G. was for the West. This polarization of political parties can cause friction among them and of course does not make for unity.
4. Politicization of the Army:- The army or military of the first republic maintained her core values and thereafter became politicized. Appointments and promotions were based on tribal and political sentiments and not on seniority or merit.
5. Dispute over the Census Result: - Another reason for military involvement in politics in Nigeria was because of the 1962 and 1963 census results. The 1962 census figures was rejected as many people claimed the result was falsified and that the figures were inflated. Also, the 1963 census result was rejected on the same grounds. The essence of population census cannot be ignored and this explains why most of the results were inflated. For example, it is needed for revenue allocation, constituency delimitation, boundary adjustments, allocation of seats in parliament, etc.
6. The Action Group Crisis of 1962:- The crisis came as a result of serious conflict within the party and differences of opinion and personality clash between Chief Obafemi Awalowo, the party leader and his deputy Chief S.L Akintola. The situation was so serious that, the federal government had to intervene by declaring a state of emergency in the region.
7. General Election Crises of 1964:- The election was held in 1964 but the result was seriously disputed. The election witnessed party alliances major and minor political parties merging to contest for seats in the House of Representatives. There was alleged massive rigging in the election. Nigeria was on the verge of anarchy and reign of terror and so the army had to come to salvage situation.
8. Western Nigeria’s Election Crisis of 1965:- This was another election crisis that drew the attention of the military to the political process. It was the election into the Western Nigeria House of Assembly where two parties rivals were contesting – NNDP led by Chief S. L. Akintola and UPGA led by Chief Adegbenro. There was rigging in the elections, there was chaos and uncertainly, events remained at a standstill. The federal government was at the crossroad and could not restore sanity and so the army had to come in.
9. Allegation of Corruption, Nepotism, Sectionalism, etc:- This led to the military intervention in Nigeria. Many politicians were so rich that, they were making a public display of their wealth. Nepotism and sectionalism played major role in appointment, promotion, etc especially in the civil and public services.
10. Low Level of Economic Development:- this was one of the reasons for military intervention in Nigeria. Some individuals were so rich and have succeeded in developing their towns and villages at the expense of the development of the country. How did this influence the military?
11. Absence of Honest and Reliable Leadership:- This had eluded the country ever since independence. Many of the rulers were dishonest and not reliable. They have actually refused to move the country forward.
12. Mismanagement of Public Funds:- The extent to which money meant for development was diverted into other projects and even into private accounts was enough reason for military intervention. Politicians of the first and second republics and even some military leaders had displayed while in power.
THE STRUCTURE OF MILITARY GOVERNMENT IN NIGERIA
The military government of Nigeria is mainly divided into two levels of the Federal Military Government and the State Military Government with the following organs or structures.
1. The Head of State/President: The Head of State sometimes called the president is also the commander – in – chief of the Nigerian Armed Forces. He presides over the meetings of the AFRC, the council of states and the council of Ministers. He appoints and dismisses Ministers, Ambassadors, High Commissioners, Chief Justice, Judges of the Supreme Court, High Court Judges, etc all of these were subject to the approval of the AFRC.
2. Supreme Military Council/Armed Forces Ruling Council: The Supreme Military Council (SMC) with the new nomenclature of the Armed Forces Ruling Council (AFRC) was the highest legislative organ of the military government in Nigeria. It is composed of the Head of State or President and the commander- in- chief of the Armed Forces who was the chairman, the Chief of General Staff, the Chief of Defence Staff and Chairman joint chiefs of staff, the Heads of Army, Navy, and the Air Force, popularly called the service chiefs, the Inspector General of Police, Justice Minister, Secretary to the Federal Military Government and the high ranking military officers.
3. The Council of States: This organ advised the Head of State or President on important national issues. It was made up of Head of State or president as the chairman, the Chief of General Staff, former Heads of State and all state military governors.
4. National Council of Ministers: This was the organ that implemented the decisions and policies made by the AFRC. It was headed by the Head of State or President and assisted by the Chief of General State with all federal ministers as members.
5. The State Militar y Governor: A State Military Governor is the chief Executive and the Head of the State Military Government and the representative of the Head of State in the State. He performed both the executive and legislative functions. He was the chairman of the state Executive Council. He appointed the state commissioners and other state officials.
6. The State Executive Council:- This was responsible for the formulation and execution of the state military government’s decisions and policies, maintenance of law and order in the state. it was headed by the military govern or with the commander of the army unit in the state, the state commissioner of police, the secretary to the state military government, state commissioners, etc, as members.
STRENGTHS OR ACHIEVEMENTS OF MILITARY RULE IN NIGERIA
The achievements of military government in Nigeria are as follows:-
i. The army succeeded in keeping or defending the sovereignty and unity of the country during the civil war.
ii. At the end of the civil war, the army embarked on the policy of reconstruction, rehabilitation and reconciliation, which have healed the wounds and aftermath of the war.
iii. The army successfully created more states in the country e.g. they created 12 states in 1967, 19 states in 1976, and 21 states in 1987, 30 states in 1991, and 36 in 1996.
iv. The army introduced a uniform and single tier system of local government in the country in 1976.
v. The army provided modern infrastructures in the country especially in the rural areas e.g. they built more roads, seaports, airports, hospitals, electricity etc.
vi. The army revolutionalized the agricultural system in the country through the introduction of the Land Use Decree, Operation Feed the Nation and DFRRI.
vii. The army made a big progress in the field of education e.g they established more post primary institutions and introduced the Universal Primary Education (UPE).
viii. The army evolved an articulate and dynamic foreign policy for the country which made Nigeria to become the giant of Africa.
ix. The army revived the ailing or distressed economy of the country through their various policies of Structural Adjustment Programme (SAP) e.g. the introduction of Second Tier Foreign Exchange Market (SFEM) and the Foreign Exchange Market (FEM).
x. The army took the decision to relocate the Federal Capital Territory away from Lagos to Abuja.
xi. The introduction of the indigenization policy or decrees in 1976. This policy helped to nationalize most foreign companies in Nigeria.
xii. Ban on importation of certain commodities and thus encouraged local production of commodities and thus encouraged the growth of local industries.
xiii. The army successfully handed over government to the civilians in 1979 and introduced a new constitution for the country and a presidential system of government.
xiv. The army reduced the scale of corruption and indiscipline in the country through the public execution of armed robbers, killing of drug publishers, trial of people who embezzled public funds and the launching of War Against Indiscipline (WAI).
WEAKNESSES OR FAILURES OF MILITARY IN NIGERIA.
The weaknesses or failures of military includes: -
i. The military regime was constituted by military personnel who lacked both administrative and political experience to govern.
ii. The military regime did not tolerate criticism and therefore hostile to criticisms and intolerant of public opinions.
iii. All military administrations were dictatorial. They ruled by decrees and edicts that may not be challenged in any court of law.
iv. The independence of the judiciary was sometimes not guaranteed and many of their decrees contain to ouster clauses that rendered the judiciary powerless.
v. The military rule was responsible for the civil war that claimed millions of lives. The war was between 1967 and 1970.
vi. There was widespread corruption among those in the corridors of power. Many of these military men acquired their ill-gotten wealth with impunity.
vii. The military mismanaged and wasted the public funds, through massive importation of cement, fuel, rice etc.
viii. Military rule was mostly noted for violating of the fundamental human rights. People were detained without trial.
ix. Some have accused the military men of aiding and abetting crime in the country.
x. Military administration was undemocratic. Leaders were not chosen through the ballot.
xi. Since the military rule was without a constitution, respect for the rule of law may not be possible.
xii. Laws are made through issuing of decrees. Most of these decrees were made by a few and imposed on the majority of Nigerians.
xiii. Failure to conduct reliable and acceptable census.
The following are measures of preventing military intervention in Nigeria.
i. Military intervention should be outlawed by the constitution of Nigeria.
ii. There should be accountability on the part of the politicians who are in government or planning to be in government.
iii. The game of politics should be played according to the laid down rules and regulations.
iv. Ethnic politics should be avoided by the politicians
v. There should be good leadership on the part of all elected officials who are to serve in different areas of government.
vi. Mismanagement of public funds should be avoided by the politicians and the ruling elites.
vii. There should be free and fair election in the country
viii. The elected government should be responsive to the yearnings of the people
ix. The military should be depoliticized. In other words, the military should be completely separated from politics.
x. The people should resist military intervention through peaceful mass disobedience.
xi. There should be independence of the judiciary so that cases can be judged impartially.
xii. The masses should be given political education. Many people are ignorant of their rights.
xiii. Fundamental human rights should be respected by everybody in the society including the military.
PROCESS OF RETURN TO CIVILIAN RULE IN NIGERIA
The following processes can be observed in returning a state to civil rule.
i. New Constitution: The making of a new constitution commences with the setting up of a constitution Drafting Committee (CDC) to propose a draft constitution.
ii. Appointment of Electoral Commission An Electoral Commission is established or instituted and charged with responsibilities of delimitation of constituencies, registration of voters, registration of political parties etc.
iv. Lifting the ban on political activities: This is one of the steps to handing over to a civilian government.
v. Elections: The conduct of a free, fair and democr atic elections is one of the last steps to user in new civilian leaders. This usually starts with the election of local government chairmen and councilors.
vi. The announcement of election results and swearing- in or inauguration of elected representatives should be announced by the electoral commission and a time table prepared for the inauguration of the elected representatives.
The above analysis show that military rule in Nigeria has acted as a catalyst for state building in the country. The military also jump-started the process of national Integration. The cursory question is how successful the integration efforts when the people are ostracized and alienated. The analyses shows that the military did not encourage inputs from the society. It has been argued that integration could not be forced on people from above or else it will be short lived. Human beings are dynamic they need to be carried along in matters that concern them.
Military is charged with the defence of the country from external and internal invasions but not to overthrow civilian government. The military should know that a country can never be developed with an authoritar ian government. If you look at other countries very well you will observe that democracy and true federalism, as opposed to authoritarianism and veiled federalism of the military (which came to be because of the military command structure) are the greatest catalysts of development, stability and integration. For this country to be well developed, the military should keep off from the politics and face their constitutional responsibility.
The following are some of the reasons for military intervention in Nigerian politics.
1. Tribal Loyalty:- This is a great problem facing Nigeria as a nation. Tribal loyalty takes precedence over loyalty to the central government.
2. Regional Differences:- Differences among the regions were so acute as to direct assumption of power.
3. Regional /State Based Political Parties:- Political parties of the First Republic were all regional political parties. There was no one of them that commanded a nation – wide support. For example, NPC was for the North, NCNC was for the East and A.G. was for the West. This polarization of political parties can cause friction among them and of course does not make for unity.
4. Politicization of the Army:- The army or military of the first republic maintained her core values and thereafter became politicized. Appointments and promotions were based on tribal and political sentiments and not on seniority or merit.
5. Dispute over the Census Result: - Another reason for military involvement in politics in Nigeria was because of the 1962 and 1963 census results. The 1962 census figures was rejected as many people claimed the result was falsified and that the figures were inflated. Also, the 1963 census result was rejected on the same grounds. The essence of population census cannot be ignored and this explains why most of the results were inflated. For example, it is needed for revenue allocation, constituency delimitation, boundary adjustments, allocation of seats in parliament, etc.
6. The Action Group Crisis of 1962:- The crisis came as a result of serious conflict within the party and differences of opinion and personality clash between Chief Obafemi Awalowo, the party leader and his deputy Chief S.L Akintola. The situation was so serious that, the federal government had to intervene by declaring a state of emergency in the region.
7. General Election Crises of 1964:- The election was held in 1964 but the result was seriously disputed. The election witnessed party alliances major and minor political parties merging to contest for seats in the House of Representatives. There was alleged massive rigging in the election. Nigeria was on the verge of anarchy and reign of terror and so the army had to come to salvage situation.
8. Western Nigeria’s Election Crisis of 1965:- This was another election crisis that drew the attention of the military to the political process. It was the election into the Western Nigeria House of Assembly where two parties rivals were contesting – NNDP led by Chief S. L. Akintola and UPGA led by Chief Adegbenro. There was rigging in the elections, there was chaos and uncertainly, events remained at a standstill. The federal government was at the crossroad and could not restore sanity and so the army had to come in.
9. Allegation of Corruption, Nepotism, Sectionalism, etc:- This led to the military intervention in Nigeria. Many politicians were so rich that, they were making a public display of their wealth. Nepotism and sectionalism played major role in appointment, promotion, etc especially in the civil and public services.
10. Low Level of Economic Development:- this was one of the reasons for military intervention in Nigeria. Some individuals were so rich and have succeeded in developing their towns and villages at the expense of the development of the country. How did this influence the military?
11. Absence of Honest and Reliable Leadership:- This had eluded the country ever since independence. Many of the rulers were dishonest and not reliable. They have actually refused to move the country forward.
12. Mismanagement of Public Funds:- The extent to which money meant for development was diverted into other projects and even into private accounts was enough reason for military intervention. Politicians of the first and second republics and even some military leaders had displayed while in power.
THE STRUCTURE OF MILITARY GOVERNMENT IN NIGERIA
The military government of Nigeria is mainly divided into two levels of the Federal Military Government and the State Military Government with the following organs or structures.
1. The Head of State/President: The Head of State sometimes called the president is also the commander – in – chief of the Nigerian Armed Forces. He presides over the meetings of the AFRC, the council of states and the council of Ministers. He appoints and dismisses Ministers, Ambassadors, High Commissioners, Chief Justice, Judges of the Supreme Court, High Court Judges, etc all of these were subject to the approval of the AFRC.
2. Supreme Military Council/Armed Forces Ruling Council: The Supreme Military Council (SMC) with the new nomenclature of the Armed Forces Ruling Council (AFRC) was the highest legislative organ of the military government in Nigeria. It is composed of the Head of State or President and the commander- in- chief of the Armed Forces who was the chairman, the Chief of General Staff, the Chief of Defence Staff and Chairman joint chiefs of staff, the Heads of Army, Navy, and the Air Force, popularly called the service chiefs, the Inspector General of Police, Justice Minister, Secretary to the Federal Military Government and the high ranking military officers.
3. The Council of States: This organ advised the Head of State or President on important national issues. It was made up of Head of State or president as the chairman, the Chief of General Staff, former Heads of State and all state military governors.
4. National Council of Ministers: This was the organ that implemented the decisions and policies made by the AFRC. It was headed by the Head of State or President and assisted by the Chief of General State with all federal ministers as members.
5. The State Militar y Governor: A State Military Governor is the chief Executive and the Head of the State Military Government and the representative of the Head of State in the State. He performed both the executive and legislative functions. He was the chairman of the state Executive Council. He appointed the state commissioners and other state officials.
6. The State Executive Council:- This was responsible for the formulation and execution of the state military government’s decisions and policies, maintenance of law and order in the state. it was headed by the military govern or with the commander of the army unit in the state, the state commissioner of police, the secretary to the state military government, state commissioners, etc, as members.
STRENGTHS OR ACHIEVEMENTS OF MILITARY RULE IN NIGERIA
The achievements of military government in Nigeria are as follows:-
i. The army succeeded in keeping or defending the sovereignty and unity of the country during the civil war.
ii. At the end of the civil war, the army embarked on the policy of reconstruction, rehabilitation and reconciliation, which have healed the wounds and aftermath of the war.
iii. The army successfully created more states in the country e.g. they created 12 states in 1967, 19 states in 1976, and 21 states in 1987, 30 states in 1991, and 36 in 1996.
iv. The army introduced a uniform and single tier system of local government in the country in 1976.
v. The army provided modern infrastructures in the country especially in the rural areas e.g. they built more roads, seaports, airports, hospitals, electricity etc.
vi. The army revolutionalized the agricultural system in the country through the introduction of the Land Use Decree, Operation Feed the Nation and DFRRI.
vii. The army made a big progress in the field of education e.g they established more post primary institutions and introduced the Universal Primary Education (UPE).
viii. The army evolved an articulate and dynamic foreign policy for the country which made Nigeria to become the giant of Africa.
ix. The army revived the ailing or distressed economy of the country through their various policies of Structural Adjustment Programme (SAP) e.g. the introduction of Second Tier Foreign Exchange Market (SFEM) and the Foreign Exchange Market (FEM).
x. The army took the decision to relocate the Federal Capital Territory away from Lagos to Abuja.
xi. The introduction of the indigenization policy or decrees in 1976. This policy helped to nationalize most foreign companies in Nigeria.
xii. Ban on importation of certain commodities and thus encouraged local production of commodities and thus encouraged the growth of local industries.
xiii. The army successfully handed over government to the civilians in 1979 and introduced a new constitution for the country and a presidential system of government.
xiv. The army reduced the scale of corruption and indiscipline in the country through the public execution of armed robbers, killing of drug publishers, trial of people who embezzled public funds and the launching of War Against Indiscipline (WAI).
WEAKNESSES OR FAILURES OF MILITARY IN NIGERIA.
The weaknesses or failures of military includes: -
i. The military regime was constituted by military personnel who lacked both administrative and political experience to govern.
ii. The military regime did not tolerate criticism and therefore hostile to criticisms and intolerant of public opinions.
iii. All military administrations were dictatorial. They ruled by decrees and edicts that may not be challenged in any court of law.
iv. The independence of the judiciary was sometimes not guaranteed and many of their decrees contain to ouster clauses that rendered the judiciary powerless.
v. The military rule was responsible for the civil war that claimed millions of lives. The war was between 1967 and 1970.
vi. There was widespread corruption among those in the corridors of power. Many of these military men acquired their ill-gotten wealth with impunity.
vii. The military mismanaged and wasted the public funds, through massive importation of cement, fuel, rice etc.
viii. Military rule was mostly noted for violating of the fundamental human rights. People were detained without trial.
ix. Some have accused the military men of aiding and abetting crime in the country.
x. Military administration was undemocratic. Leaders were not chosen through the ballot.
xi. Since the military rule was without a constitution, respect for the rule of law may not be possible.
xii. Laws are made through issuing of decrees. Most of these decrees were made by a few and imposed on the majority of Nigerians.
xiii. Failure to conduct reliable and acceptable census.
The following are measures of preventing military intervention in Nigeria.
i. Military intervention should be outlawed by the constitution of Nigeria.
ii. There should be accountability on the part of the politicians who are in government or planning to be in government.
iii. The game of politics should be played according to the laid down rules and regulations.
iv. Ethnic politics should be avoided by the politicians
v. There should be good leadership on the part of all elected officials who are to serve in different areas of government.
vi. Mismanagement of public funds should be avoided by the politicians and the ruling elites.
vii. There should be free and fair election in the country
viii. The elected government should be responsive to the yearnings of the people
ix. The military should be depoliticized. In other words, the military should be completely separated from politics.
x. The people should resist military intervention through peaceful mass disobedience.
xi. There should be independence of the judiciary so that cases can be judged impartially.
xii. The masses should be given political education. Many people are ignorant of their rights.
xiii. Fundamental human rights should be respected by everybody in the society including the military.
PROCESS OF RETURN TO CIVILIAN RULE IN NIGERIA
The following processes can be observed in returning a state to civil rule.
i. New Constitution: The making of a new constitution commences with the setting up of a constitution Drafting Committee (CDC) to propose a draft constitution.
ii. Appointment of Electoral Commission An Electoral Commission is established or instituted and charged with responsibilities of delimitation of constituencies, registration of voters, registration of political parties etc.
iv. Lifting the ban on political activities: This is one of the steps to handing over to a civilian government.
v. Elections: The conduct of a free, fair and democr atic elections is one of the last steps to user in new civilian leaders. This usually starts with the election of local government chairmen and councilors.
vi. The announcement of election results and swearing- in or inauguration of elected representatives should be announced by the electoral commission and a time table prepared for the inauguration of the elected representatives.
The above analysis show that military rule in Nigeria has acted as a catalyst for state building in the country. The military also jump-started the process of national Integration. The cursory question is how successful the integration efforts when the people are ostracized and alienated. The analyses shows that the military did not encourage inputs from the society. It has been argued that integration could not be forced on people from above or else it will be short lived. Human beings are dynamic they need to be carried along in matters that concern them.
Military is charged with the defence of the country from external and internal invasions but not to overthrow civilian government. The military should know that a country can never be developed with an authoritar ian government. If you look at other countries very well you will observe that democracy and true federalism, as opposed to authoritarianism and veiled federalism of the military (which came to be because of the military command structure) are the greatest catalysts of development, stability and integration. For this country to be well developed, the military should keep off from the politics and face their constitutional responsibility.
REVENUE ALLOCATION IN NIGERIA.
Revenue Allocation Principles
Nigeria has used about eight revenue allocation formula at one point in time or the other. These formula are:
i. Population
ii. Even development
iii. Continuity of services
iv. Maintenance of minimum responsibilities
v. Equality
vi. Land mass and terrain
vii. Internal revenue efforts, and
viii. Derivation.
i. Population:- Population is one of the principles that was in use since the colonial time. This principle presupposes that the population strength of a particular state is taken into consideration when allocating financial resources to such state.
ii. Even Development:- In a federal state like Nigeria, one of the goals of government is to ensure that no state or part of the country develops at the expense of others, at least via the fiscal allocation. In keeping with the ideals of federalism therefore, the revenue allocation principle of even development has been consistently applied in Nigeria.
iii. Continuity of Services: Continuity of services means that in allocating resources, the projects of government at all levels are considered so as not to impair the execution of those projects.
iv. Maintenance of Minimum Responsibility: Responsibilities of each tier of government is juxtaposed with the revenue accruing to it so as to ensure that the government performs effectively. Activities in a number of states in Nigeria has come to a halt due to the wage bills of the states and local governments. In this case, emphasis should be laid on the principle of maintenance of minimum responsibilities as it should be used in determining the revenue accruing to the other tiers of government.
v. Equality: Equality as a principle of revenue allocation is used with the understanding that no state is greater than the other in sharing the wealth of the country. So, this allows a sense of belonging even by the poorest states in the country.
vi. Land Mass and Terrain: Land mass and terrain principle allows for a special percentage calculated according to the land mass and terrain of states. Some states have difficult terrain and vast Landmass that may massive resources to transform them.
vii. Internal Revenue Efforts: The strive of states to internally generated revenue are also often rewarded by reflecting it in federal revenue allocation formula.
viii. Derivation: Derivation principle is applied based on the fact that relatively a substantial amount of money out of the material resources from a particular area are recycled in form of revenue to aid development and reduce the effect of environmental and other forms of degradation in the area.
Revenue Allocation Commission
Nigeria have had a number of revenue allocation commissions and committees in order to resolve the problem of revenue sharing in Nigeria. These commissions and committees are as follows.
Philipson Commission of 1946
Richard’s constitution of 1946 created the need to formulate proposals to enable the newly created regions i.e. East, North and West to perform their new responsibilities. The Philipson commission was to formulate financial and administrative procedures to be adopted under the new constitution. This commission divided the regional revenue into two categories and named them as “declared and non-declared revenues”.
The declared revenue include those locally collected by the regional authorities, such as direct taxes (personal income tax) licenses fees, income from property, rent etc.
The non-declared revenue include those revenue collected by the central government. Here, the central government is to determine what portion of the revenue is to be shared among the other regions. Philipson considered, derivation, even progress and population principles in sharing out of the non-declared revenue among the regions.
Hicks – Philipson Commission of 1951
McPherson engaged in some changes in his constitution of 1951, so, the changes envisaged by the McPherson constitution and the dissatisfaction with the scheme used by Philipson in the revenue sharing, led to the appointment of Prof. John Hicks and Sir Sidney Philipson to develop a new scheme that will achieve a more equitable sharing of revenue. The Hicks – Philipson commission proposed that the revenue should be shared on the principle of derivation; need and national interest.
Chicks Commission of 1953
The London Constitutional Conference of 1953 gave the opportunity for the review of the previous allocation scheme. Sir Louis Chick was appointed to ensure that the total revenue available was allocated in such a way that the principle of derivation was used to the fullest and compatible with the needs of the central and that of the regional governments.
Chicks expanded the allocation scheme to include the import and excise duties, export duties, mining, rent and royalties and personal income taxes.
Raisman Commission of 1958
The Raisman commission was appointed to review the tax jurisdiction as well as the allocation of revenue from these taxes such that the regions would have the maximum possible proportion of the revenue within their exclusive competence.
In order to facilitate the sharing of some of the federally collected revenue the commission created a Distributable Pool Account. The principles of derivation and need were followed in the sharing of the total revenue to the regions.
Binns Commission of 1964
The Binns commission was set up under section 164 of the Republican Constitution of 1963. The terms of reference given to the commission were to review and make recommendations with respect to the allocation of mining, rent and royalties and the distribution of funds in the distributable pool account among the regions. Binns applied the principle of financial comparability in sharing out the revenue to the affected regions which some what of a hybrid between the principles of need and even development.
Military Rule from 1967 to 1975
The period between 1967 to 1975 was characterized by series of decrees. During this period, decrees were used in solving the problem of revenue allocation to regions. Decree No.15 of 1967 resolved the problem of revenue sharing by allocating the percentage that belonged to the Northern region among the six newly created states of that region, and that of the East and West was shared based on the principle of population.
Dina Interim Revenue Allocation Review Committee of 1968
This committee was appointed in 1968 to look into and suggest ways or any change in the existing system of revenue allocation as a whole. And also, to suggest new sources of revenue both for the federal and state governments. The committee renamed the “distribution Pool Account” into “State Joint Account”, established a special grants accounts and recommended a permanent planning and fiscal commission to administer the special grants account and to undertake a continuous study and review of revenue allocation s and schemes.
The report by this committee was rejected by the federal militar y government. The federal military government used Decree No.13, of 1970 and adopted a two factor formula, population and equality of state while Decree No. 99 of 1971 gave the Federal Militar y Government absolute power and right to revenue from off – shore rent and royalties. Decree No.6, of 1975 emphasized that all revenues to be shared by the states had to pass through to distribution post account except 20% of the on-shore mining rents and royalties due to the states of origin on the principle of derivation.
Aboyade Technical Committee of 1977
This committee was appointed in 1977 to review the existing revenue allocation scheme. The committee recommended that all federally collected revenue without distinction should be paid into the federal account and that the proceeds of the account be shared among federal, state and local governments as follows:
i. Federal Government 60% ii. State Government 30% iii. Local Government 10%
A special grants account (3% from the federal government share) was set aside by the committee to be administered by the federal military government to care for the mineral producing states, rehabilitation of other areas, emergencies and disasters. The sharing principles among the states were built on five factor formula which include equality of access to development opportunities, national minimum standards, absorptive capacity, independent revenue and tax effort, and fiscal efficiency.
Okigbo Commission of 1979
This commission was given the terms of reference to device a scheme of revenue allocation that would be understood and widely accepted as equitable. The committee deliberated on the issue and concluded that receipts from payments of loans, sale of government capital assets and reimbursement cannot be regarded as revenue and therefore should not form part of the federation account or the total revenue of the federal government.
The Federal Capital Territory came into force on 1st October, 1979 and was regarded as a state and was also entitled to participate in the sharing from the federation.
Section 149 of the 1979 constitution provided that all revenue collected by the federal government should be paid into the federation account except from the proceeds of personal income tax of the personnel of the Armed Forces, the Nigerian Police Force, the Ministry of External Affairs and the residents of the Federal capital Territory.
The commission recommended that the proceeds of the federation account be shared among federal, state and local government as follows:-
i. Federal Government 53% ii. State Government 30% iii. Local Government 10% iv. Special Fund 7%
They also recommended that the 7% of the special funds should be applied as follows:-
i. Initial development of the Federal Capital Territory 2.5% ii. Special problems of Mineral producing states or areas 2.0% iii. Ecological and similar problems e.g flood, erosion etc 1.0% iv. Revenue equalization fund 1.5%
The commission further recommended the use of four factor formula for revenue allocation among the state government with the following weights:-
i. Minimum responsibility of government 40% ii. Political 40% iii. Social development factor: direct primary school enrollment 11.25%. inverse primary school enrollment 3.75% iv. Internal revenue effort 5%
Prior to General Ibrahim Badamosi Babangida regime and mid-way into the regime proceeds of the federation account were shared among the three tiers of government as follows:- i. Federal Government 55% ii. State Government 35% iii. Local Government 10%
The 25% accruing to the state which is paid into “State Joint Local Government Account” is in-turn shared as listed here under:
i. Direct to state 30.5% ii. Mineral producing area on derivation basis 2.0% iii. Amelioration of ecological problems 1.0% iv. Development of oil producing areas 1.5%
The respective share of the various governments accounts is known as “statutory allocation”. Babangida in his speech on the event of his fourth year in office, announced a new revenue allocation formula approved by the Armed Forces Ruling Council (AFR C) as listed here under:
i. Federal Government 50% ii. State Government 30% iii. Local Government 15% iv. Special Funds 5%
The Armed Forces Ruling Council (AFRC) decided that any surplus arising from the sale of gas and petroleum should be separately accounted for, and for the purpose of payment into the federation account.
National Revenue Mobilization Allocation and Fiscal Commission of 1989
This commission was headed by Lt. General T.Y. Danjuma (rtd). The commission was established in 1989 as a permanent revenue allocation body in the country. It was also charged with the responsibility of regular review of revenue allocation formula. The commission came out with the following:-
i. Federal Government 48.5% ii. State Government 24.0% iii. Local Government 20.0% iv. Special Funds 7.5%
The 7.5% of the special fund is shared as follows:-
vi. Ecological problems 2.0% vi. Emergency problems 2.5% vii. Mineral producing areas 3.0%
In the present formula, about 52.68 per cent is allocated to the federal government from the Federation Account, 26.70 per cent to the 36 states and 20.60 per cent to the 776 local government areas.
The formula, being used by the Revenue Mobilisation Allocation and Fiscal Commission (RMFAC), was first enacted in 1982 before it was brought into operation at the inception of the Fourth Republic in 1999, with amendment.
However, there is no law in Nigeria that backs the current revenue formula, which, in any case, should have been reviewed by RMFAC as provided by the constitution.
ORIGIN AND EVOLUTION OF NIGERIAN FEDERATION OR FEDERALISM
Concept of Federalism
Federalism is a type of political arrangement in which political power is shared between the federal or central government and the federating units which may be called regions, states, provinces, etc. Nigeria became a federation of three regions in 1954 while today it is a federation of thirty – six states. The United States is a federation of fifty states.
In Nigeria, there are three levels or units or tiers of government which work together, coordinate and interact with one another and each of them has its powers and jurisdiction. The powers of these levels or units are from the same source which is the Nigerian constitution. The federal government exercises powers and functions in the exclusive list which includes currency defence, external Affairs, Aviation, Immigration, Customs, Mining, etc.
The Federal and State Governments exercise the concurrent list at the same time. These items include health, education, roads, communication, etc. The state or regional or local governments exercise powers and functions that are residual, these include those items which are neither in the exclusive nor in the concurrent list e.g. chieftaincy affairs, etc.
Historical Background of Nigerian Federalism
The origin and evolution of Nigerian federalism could be traced to the division of the country into three provinces i.e. Northern, Eastern and Western provinces in 1939. Before Governor Bourdillon left office, he recommended for the introduction of regions to replace the existing provinces. In 1946, Richard’s constitution introduced regionalism into the Nigerian political system. Northern, Eastern and Western regions then replaced the former provinces. The introduction of a federal structure in 1954 was the idea of Richard’s constitution of 1946. In 1953 McPherson’s constitution improved on Richard’s by creating House of Representatives with powers to make laws for the country and Regional House of Assembly also to make laws for the regions on specific matters.
Federalism is identified with power sharing and this was what actually happened with McPherson constitution. In the same vein, the Lyttleton constitution of 1954 came with a federal system of government for the country. It was as a result of the 1953 London Constitutional Conference, where it was decided that Nigeria should be made a federal state. federalism, involves the sharing of powers between the central government and other subordinate unit or units, e.g. local government and states or region. In 1954, we had two tiers of government – the centre and regions, both had their powers defined and shared by the constitution.
Main Features of Nigerian Federalism.
The main features of Nigerian federalism includes the following:-
i. Division and sharing of governmental powers between the federal and regional or state governments.
ii. The different governments in Nigeria derive their powers from the constitution.
iii. Duplication of organs of government in all governments of Nigeria.
iv. Adoption of a written and rigid constitution.
v. The supremacy of the constitution
vi. The supremacy of the federal government
vii. Existence of bicameral legislature in Nigeria
viii. Existence of supreme court for judicial interpretation and review.
ix. Constitutional republication of secession
x. The division of Nigeria into unequal regions or state.
Factors Responsible for Nigeria’s Federalism.
The factors responsible for Nigeria’s federalism includes: -
i. Cultural Diversity:- It is argued that cultural diversity among ethnic groups in Nigeria makes the operation of the federal system possible.
ii. British colonial policy: Britain imposed a federal structure by dividing the territory into regions and ruling them separately. It was the Lyttleton constitution that formally introduced a federal system in 1954
iii. Size of the Country:- Nigeria is a large country both in population and territory, and so federalism is a better option preferred model.
iv. Availability of human and natural resources: Nigeria has enough of these resources to run a federal system.
v. Geographical Factor: Different component units are geographically near to one another, making it easier for the adoption of a federal system.
vi. For effective Administration: Federalism makes for duplication of functions creating the atmosphere for an enduring and effective administration.
vii. Bringing Government to the Grass-roots: Federalism makes the people to be involved in governance and also be involved in the policy.
viii. The rights of the minorities and other interest groups: Minority rights are recognized and protected in a federal system.
Structure of Nigerian Federalism
Although the amalgamation of the Northern and Southern protectorates of Nigeria in 1914 imposed a sort of unitary system of government on the country as a result of the concentration of too much powers in the central government, the recognition of Northern and Southern provinces as near autonomous entities gave the country the colouration of federalism.
The structures of Nigerian federalism has three tiers of government which include, the federal government, state government and the local government. The federal government is the first tier, the state government is the second tier, and the local government is the third tier. The three tiers of government perform independent and coordinate functions.
However, in practice the powers of the federal government tends to supersede the powers of the other tiers of government. Nigeria was a federalism of three regions in 1954, four regions in 1963, 12 states in 1967, 19 states in 1976, 21 states in 1987, 30 states in 1991 and 36 states in 1996.
At the federal level, the Head of State or President and commander-in-chief of the armed Forces wield the highest power. At the state and the local government levels, the Governor and the Chairman wield the highest power respectively.
Problems of Nigerian Federalism
The following are some of the problems of Nigerian Federalism: -
i. It is always difficult to select and to accept leadership at the federal level. Each of the federating units always wants to produce the president of the federation.
ii. Fear of domination is always nursed by the minority ethnic groups as they fear being marginalized or submerged by the majority ethnic groups.
iii. The demand for the creation of states and local government councils has been a constant problem bugging the federation.
iv. The issue of revenue allocation has remained a nagging problem as the federating units continue hold a bigger percentage of the federally generated revenue while starving the units of funds to discharge their functions to the masses.
v. Sectional political parties and associations always operate because each unit wants to have a share of power at the centre. Truly national political parties are always absent.
vi. Corruption, nepotism and favouritism remain major problems of the federation. Leaders at the centre or even at the units levels try to favour their areas of the federation more than others.
vii. The threat of secession has always remained a bane of the Nigerian Federalism e.g. the attempt by the Eastern Region to secede from the rest of the federation in 1967.
viii. The federating units have constant boundary disputes between then e.g. Anambra and Enugu states Anambra and Kogi states, etc.
ix. Census problem has continued to persist in Nigeria because census figures are used for national planning. Each unit wants to be on top hence the continuous struggle over census figures.
x. Power sharing in the federation between the components has remained a serious problem. Quantification of the powers of the federal, state and local governments has remained a source of argument and disagreement in the federation.
Revenue Allocation Principles
Nigeria has used about eight revenue allocation formula at one point in time or the other. These formula are:
i. Population
ii. Even development
iii. Continuity of services
iv. Maintenance of minimum responsibilities
v. Equality
vi. Land mass and terrain
vii. Internal revenue efforts, and
viii. Derivation.
i. Population:- Population is one of the principles that was in use since the colonial time. This principle presupposes that the population strength of a particular state is taken into consideration when allocating financial resources to such state.
ii. Even Development:- In a federal state like Nigeria, one of the goals of government is to ensure that no state or part of the country develops at the expense of others, at least via the fiscal allocation. In keeping with the ideals of federalism therefore, the revenue allocation principle of even development has been consistently applied in Nigeria.
iii. Continuity of Services: Continuity of services means that in allocating resources, the projects of government at all levels are considered so as not to impair the execution of those projects.
iv. Maintenance of Minimum Responsibility: Responsibilities of each tier of government is juxtaposed with the revenue accruing to it so as to ensure that the government performs effectively. Activities in a number of states in Nigeria has come to a halt due to the wage bills of the states and local governments. In this case, emphasis should be laid on the principle of maintenance of minimum responsibilities as it should be used in determining the revenue accruing to the other tiers of government.
v. Equality: Equality as a principle of revenue allocation is used with the understanding that no state is greater than the other in sharing the wealth of the country. So, this allows a sense of belonging even by the poorest states in the country.
vi. Land Mass and Terrain: Land mass and terrain principle allows for a special percentage calculated according to the land mass and terrain of states. Some states have difficult terrain and vast Landmass that may massive resources to transform them.
vii. Internal Revenue Efforts: The strive of states to internally generated revenue are also often rewarded by reflecting it in federal revenue allocation formula.
viii. Derivation: Derivation principle is applied based on the fact that relatively a substantial amount of money out of the material resources from a particular area are recycled in form of revenue to aid development and reduce the effect of environmental and other forms of degradation in the area.
Revenue Allocation Commission
Nigeria have had a number of revenue allocation commissions and committees in order to resolve the problem of revenue sharing in Nigeria. These commissions and committees are as follows.
Philipson Commission of 1946
Richard’s constitution of 1946 created the need to formulate proposals to enable the newly created regions i.e. East, North and West to perform their new responsibilities. The Philipson commission was to formulate financial and administrative procedures to be adopted under the new constitution. This commission divided the regional revenue into two categories and named them as “declared and non-declared revenues”.
The declared revenue include those locally collected by the regional authorities, such as direct taxes (personal income tax) licenses fees, income from property, rent etc.
The non-declared revenue include those revenue collected by the central government. Here, the central government is to determine what portion of the revenue is to be shared among the other regions. Philipson considered, derivation, even progress and population principles in sharing out of the non-declared revenue among the regions.
Hicks – Philipson Commission of 1951
McPherson engaged in some changes in his constitution of 1951, so, the changes envisaged by the McPherson constitution and the dissatisfaction with the scheme used by Philipson in the revenue sharing, led to the appointment of Prof. John Hicks and Sir Sidney Philipson to develop a new scheme that will achieve a more equitable sharing of revenue. The Hicks – Philipson commission proposed that the revenue should be shared on the principle of derivation; need and national interest.
Chicks Commission of 1953
The London Constitutional Conference of 1953 gave the opportunity for the review of the previous allocation scheme. Sir Louis Chick was appointed to ensure that the total revenue available was allocated in such a way that the principle of derivation was used to the fullest and compatible with the needs of the central and that of the regional governments.
Chicks expanded the allocation scheme to include the import and excise duties, export duties, mining, rent and royalties and personal income taxes.
Raisman Commission of 1958
The Raisman commission was appointed to review the tax jurisdiction as well as the allocation of revenue from these taxes such that the regions would have the maximum possible proportion of the revenue within their exclusive competence.
In order to facilitate the sharing of some of the federally collected revenue the commission created a Distributable Pool Account. The principles of derivation and need were followed in the sharing of the total revenue to the regions.
Binns Commission of 1964
The Binns commission was set up under section 164 of the Republican Constitution of 1963. The terms of reference given to the commission were to review and make recommendations with respect to the allocation of mining, rent and royalties and the distribution of funds in the distributable pool account among the regions. Binns applied the principle of financial comparability in sharing out the revenue to the affected regions which some what of a hybrid between the principles of need and even development.
Military Rule from 1967 to 1975
The period between 1967 to 1975 was characterized by series of decrees. During this period, decrees were used in solving the problem of revenue allocation to regions. Decree No.15 of 1967 resolved the problem of revenue sharing by allocating the percentage that belonged to the Northern region among the six newly created states of that region, and that of the East and West was shared based on the principle of population.
Dina Interim Revenue Allocation Review Committee of 1968
This committee was appointed in 1968 to look into and suggest ways or any change in the existing system of revenue allocation as a whole. And also, to suggest new sources of revenue both for the federal and state governments. The committee renamed the “distribution Pool Account” into “State Joint Account”, established a special grants accounts and recommended a permanent planning and fiscal commission to administer the special grants account and to undertake a continuous study and review of revenue allocation s and schemes.
The report by this committee was rejected by the federal militar y government. The federal military government used Decree No.13, of 1970 and adopted a two factor formula, population and equality of state while Decree No. 99 of 1971 gave the Federal Militar y Government absolute power and right to revenue from off – shore rent and royalties. Decree No.6, of 1975 emphasized that all revenues to be shared by the states had to pass through to distribution post account except 20% of the on-shore mining rents and royalties due to the states of origin on the principle of derivation.
Aboyade Technical Committee of 1977
This committee was appointed in 1977 to review the existing revenue allocation scheme. The committee recommended that all federally collected revenue without distinction should be paid into the federal account and that the proceeds of the account be shared among federal, state and local governments as follows:
i. Federal Government 60% ii. State Government 30% iii. Local Government 10%
A special grants account (3% from the federal government share) was set aside by the committee to be administered by the federal military government to care for the mineral producing states, rehabilitation of other areas, emergencies and disasters. The sharing principles among the states were built on five factor formula which include equality of access to development opportunities, national minimum standards, absorptive capacity, independent revenue and tax effort, and fiscal efficiency.
Okigbo Commission of 1979
This commission was given the terms of reference to device a scheme of revenue allocation that would be understood and widely accepted as equitable. The committee deliberated on the issue and concluded that receipts from payments of loans, sale of government capital assets and reimbursement cannot be regarded as revenue and therefore should not form part of the federation account or the total revenue of the federal government.
The Federal Capital Territory came into force on 1st October, 1979 and was regarded as a state and was also entitled to participate in the sharing from the federation.
Section 149 of the 1979 constitution provided that all revenue collected by the federal government should be paid into the federation account except from the proceeds of personal income tax of the personnel of the Armed Forces, the Nigerian Police Force, the Ministry of External Affairs and the residents of the Federal capital Territory.
The commission recommended that the proceeds of the federation account be shared among federal, state and local government as follows:-
i. Federal Government 53% ii. State Government 30% iii. Local Government 10% iv. Special Fund 7%
They also recommended that the 7% of the special funds should be applied as follows:-
i. Initial development of the Federal Capital Territory 2.5% ii. Special problems of Mineral producing states or areas 2.0% iii. Ecological and similar problems e.g flood, erosion etc 1.0% iv. Revenue equalization fund 1.5%
The commission further recommended the use of four factor formula for revenue allocation among the state government with the following weights:-
i. Minimum responsibility of government 40% ii. Political 40% iii. Social development factor: direct primary school enrollment 11.25%. inverse primary school enrollment 3.75% iv. Internal revenue effort 5%
Prior to General Ibrahim Badamosi Babangida regime and mid-way into the regime proceeds of the federation account were shared among the three tiers of government as follows:- i. Federal Government 55% ii. State Government 35% iii. Local Government 10%
The 25% accruing to the state which is paid into “State Joint Local Government Account” is in-turn shared as listed here under:
i. Direct to state 30.5% ii. Mineral producing area on derivation basis 2.0% iii. Amelioration of ecological problems 1.0% iv. Development of oil producing areas 1.5%
The respective share of the various governments accounts is known as “statutory allocation”. Babangida in his speech on the event of his fourth year in office, announced a new revenue allocation formula approved by the Armed Forces Ruling Council (AFR C) as listed here under:
i. Federal Government 50% ii. State Government 30% iii. Local Government 15% iv. Special Funds 5%
The Armed Forces Ruling Council (AFRC) decided that any surplus arising from the sale of gas and petroleum should be separately accounted for, and for the purpose of payment into the federation account.
National Revenue Mobilization Allocation and Fiscal Commission of 1989
This commission was headed by Lt. General T.Y. Danjuma (rtd). The commission was established in 1989 as a permanent revenue allocation body in the country. It was also charged with the responsibility of regular review of revenue allocation formula. The commission came out with the following:-
i. Federal Government 48.5% ii. State Government 24.0% iii. Local Government 20.0% iv. Special Funds 7.5%
The 7.5% of the special fund is shared as follows:-
vi. Ecological problems 2.0% vi. Emergency problems 2.5% vii. Mineral producing areas 3.0%
In the present formula, about 52.68 per cent is allocated to the federal government from the Federation Account, 26.70 per cent to the 36 states and 20.60 per cent to the 776 local government areas.
The formula, being used by the Revenue Mobilisation Allocation and Fiscal Commission (RMFAC), was first enacted in 1982 before it was brought into operation at the inception of the Fourth Republic in 1999, with amendment.
However, there is no law in Nigeria that backs the current revenue formula, which, in any case, should have been reviewed by RMFAC as provided by the constitution.
ORIGIN AND EVOLUTION OF NIGERIAN FEDERATION OR FEDERALISM
Concept of Federalism
Federalism is a type of political arrangement in which political power is shared between the federal or central government and the federating units which may be called regions, states, provinces, etc. Nigeria became a federation of three regions in 1954 while today it is a federation of thirty – six states. The United States is a federation of fifty states.
In Nigeria, there are three levels or units or tiers of government which work together, coordinate and interact with one another and each of them has its powers and jurisdiction. The powers of these levels or units are from the same source which is the Nigerian constitution. The federal government exercises powers and functions in the exclusive list which includes currency defence, external Affairs, Aviation, Immigration, Customs, Mining, etc.
The Federal and State Governments exercise the concurrent list at the same time. These items include health, education, roads, communication, etc. The state or regional or local governments exercise powers and functions that are residual, these include those items which are neither in the exclusive nor in the concurrent list e.g. chieftaincy affairs, etc.
Historical Background of Nigerian Federalism
The origin and evolution of Nigerian federalism could be traced to the division of the country into three provinces i.e. Northern, Eastern and Western provinces in 1939. Before Governor Bourdillon left office, he recommended for the introduction of regions to replace the existing provinces. In 1946, Richard’s constitution introduced regionalism into the Nigerian political system. Northern, Eastern and Western regions then replaced the former provinces. The introduction of a federal structure in 1954 was the idea of Richard’s constitution of 1946. In 1953 McPherson’s constitution improved on Richard’s by creating House of Representatives with powers to make laws for the country and Regional House of Assembly also to make laws for the regions on specific matters.
Federalism is identified with power sharing and this was what actually happened with McPherson constitution. In the same vein, the Lyttleton constitution of 1954 came with a federal system of government for the country. It was as a result of the 1953 London Constitutional Conference, where it was decided that Nigeria should be made a federal state. federalism, involves the sharing of powers between the central government and other subordinate unit or units, e.g. local government and states or region. In 1954, we had two tiers of government – the centre and regions, both had their powers defined and shared by the constitution.
Main Features of Nigerian Federalism.
The main features of Nigerian federalism includes the following:-
i. Division and sharing of governmental powers between the federal and regional or state governments.
ii. The different governments in Nigeria derive their powers from the constitution.
iii. Duplication of organs of government in all governments of Nigeria.
iv. Adoption of a written and rigid constitution.
v. The supremacy of the constitution
vi. The supremacy of the federal government
vii. Existence of bicameral legislature in Nigeria
viii. Existence of supreme court for judicial interpretation and review.
ix. Constitutional republication of secession
x. The division of Nigeria into unequal regions or state.
Factors Responsible for Nigeria’s Federalism.
The factors responsible for Nigeria’s federalism includes: -
i. Cultural Diversity:- It is argued that cultural diversity among ethnic groups in Nigeria makes the operation of the federal system possible.
ii. British colonial policy: Britain imposed a federal structure by dividing the territory into regions and ruling them separately. It was the Lyttleton constitution that formally introduced a federal system in 1954
iii. Size of the Country:- Nigeria is a large country both in population and territory, and so federalism is a better option preferred model.
iv. Availability of human and natural resources: Nigeria has enough of these resources to run a federal system.
v. Geographical Factor: Different component units are geographically near to one another, making it easier for the adoption of a federal system.
vi. For effective Administration: Federalism makes for duplication of functions creating the atmosphere for an enduring and effective administration.
vii. Bringing Government to the Grass-roots: Federalism makes the people to be involved in governance and also be involved in the policy.
viii. The rights of the minorities and other interest groups: Minority rights are recognized and protected in a federal system.
Structure of Nigerian Federalism
Although the amalgamation of the Northern and Southern protectorates of Nigeria in 1914 imposed a sort of unitary system of government on the country as a result of the concentration of too much powers in the central government, the recognition of Northern and Southern provinces as near autonomous entities gave the country the colouration of federalism.
The structures of Nigerian federalism has three tiers of government which include, the federal government, state government and the local government. The federal government is the first tier, the state government is the second tier, and the local government is the third tier. The three tiers of government perform independent and coordinate functions.
However, in practice the powers of the federal government tends to supersede the powers of the other tiers of government. Nigeria was a federalism of three regions in 1954, four regions in 1963, 12 states in 1967, 19 states in 1976, 21 states in 1987, 30 states in 1991 and 36 states in 1996.
At the federal level, the Head of State or President and commander-in-chief of the armed Forces wield the highest power. At the state and the local government levels, the Governor and the Chairman wield the highest power respectively.
Problems of Nigerian Federalism
The following are some of the problems of Nigerian Federalism: -
i. It is always difficult to select and to accept leadership at the federal level. Each of the federating units always wants to produce the president of the federation.
ii. Fear of domination is always nursed by the minority ethnic groups as they fear being marginalized or submerged by the majority ethnic groups.
iii. The demand for the creation of states and local government councils has been a constant problem bugging the federation.
iv. The issue of revenue allocation has remained a nagging problem as the federating units continue hold a bigger percentage of the federally generated revenue while starving the units of funds to discharge their functions to the masses.
v. Sectional political parties and associations always operate because each unit wants to have a share of power at the centre. Truly national political parties are always absent.
vi. Corruption, nepotism and favouritism remain major problems of the federation. Leaders at the centre or even at the units levels try to favour their areas of the federation more than others.
vii. The threat of secession has always remained a bane of the Nigerian Federalism e.g. the attempt by the Eastern Region to secede from the rest of the federation in 1967.
viii. The federating units have constant boundary disputes between then e.g. Anambra and Enugu states Anambra and Kogi states, etc.
ix. Census problem has continued to persist in Nigeria because census figures are used for national planning. Each unit wants to be on top hence the continuous struggle over census figures.
x. Power sharing in the federation between the components has remained a serious problem. Quantification of the powers of the federal, state and local governments has remained a source of argument and disagreement in the federation.
ETHNICITY IN NIGERIA.
The Concept of ethnicity requires definition. An ethnic group is a group of people having a common language and cultural values. These common factors are emphasized by frequent interaction among the people in the group. In Nigeria, the ethnic groups are occasionally fusions created by intermarriage, intermingling and/or assimilation. In such fusions, the groups of which they are composed maintain a limited individual identity. The groups are thus composed of smaller groups, but there is as much difference between even the small groups.
The account of two hundred and fifty ethnic groups cited above overwhelmingly enumerates ethnic minority groups, those which do not comprise a majority in the region in which they live. These groups usually do not have a political voice, nor do they have access to resources or the technology needed to develop and modernize economically. They therefore often consider themselves discriminated against, neglected, or oppressed. There are only three ethnic groups which have attained ethnic majority status in their respective regions: the Hausa – Fulani in the North, the Igbo in the South Ease and the Yoruba in the South West.
The Hausa – Fulani are an example of a fused ethnic group; as they are actually made up of two groups, now surprisingly called Hausa and the Fulani. The Hausa are themselves a fusion, a collection of Sudanese peoples that were assimilated, long ago, into the population inhabiting what is now considered Hausa land. They believe in the religion of Islam. Their origin is a matter of dispute: legends trace them back to Canaan, Palestine, Libya, Mecca and Baghdad, while ethnologists hold them to be from the Southern Sahara or the Chad Basin. Once they arrived in Hausa land they became known for setting up seven small states centered on “Birni”, or walled cities. In these states the Hausa developed techniques of efficient government, including a carefully organized fiscal system and a highly learned judiciary, that gave them a reputation of integrity and ability in administering Islamic law.
The Fulani are also Muslims, and, like the Hausa, their origin is more or less an open question. Once a nomadic people, they believe themselves to be descended from the gypsies, Roman soldiers who became lost in the desert, a lost ‘tribe’ of Israel, or other groups such as the relatives of the Britons or the Tuaregs, who inhabit the Southern edge of the Sahara in Central Africa. Scholars claim that the Fulani are related to the Phoenicians, or place their origin in Shepherds of Mauritania that were looking for new pastures. Whatever their origin, the Fulani are known to have arrived in the Hausa state in the early 13th century. Since then they have inter married with the Hausa, and have mostly adopted the latter’s customs and language, although some Fulani decided to stay ‘pure’ by retaining a nomadic life and animist beliefs. The Fulani are most distractively known for a dispute that developed between them and the local king of Gobir, a spate which developed into a religious war or Jihad ended with a Fulani conquest of the Hausa states.
The second majority ethnic group is Igbo, who like the Hausa – Fulani are a synthesis of smaller ethnic groups. In this case the smaller groups are the Onitsha Igbo, the Western Igbo, the Cross River Igbo, and the North – Eastern Igbo. Their origins are completely unknown, as they claim to be from about nineteen different places. They do maintain an ‘indigenous home’, however: the belt of forest in the country to the east of the Niger valley. This home was established to avoid the Fulani’s annual slave raids, which were conducted on cavalry that was unable to explore very deeply in the forest. The Igbo thus generally inhabited inaccessible areas, although during the 19th century they began to assert ancestral claims to Nri town, “the heart of the Igbo nationality”.
The third ethnic majority group, the Yoruba, like the others are made up of numerous smaller collections of people. Those who are identified as Yoruba consider themselves to be members of the Oyo, Egba, Ijebu, Ife, Ilesha, Ekiti or Owu people. They Yoruba are united, however, by their common belief in the town of Ife as their place of origin, and the Oni of Ife as their spiritual leader. Their mythology holds that “Oduduwa”, created the earth; and represented royal houses of the Yoruba kingdoms. They trace their ancestry back to “Oduduwa”, while members of the Yoruba people maintain that they are descended from his sons. Yoruba society is organized into kingdoms, the greatest of which was called Oyo and extended as far as Ghana in the West and the banks of the Niger to the east. The Oyo empire collapsed in 1830 when Afonja, an ambitious governor of the state of Ilorin broke away but lost his territory to the hired mercenaries of the Fulani. Despite the fact that this event occurred in close temporal proximity to the Fulani Jihad, it was not associated with it.
These three groups comprise only fifty – seven percent of the population of Nigeria. The reminder of the people are members of the ethnic minority groups, which include such peoples as the Kanuri, the Nupe, and the Tiv in the North, the Efik/Ibibio, the Ejaw, and the Ekoi in the East, and the Edo and Urhobo/Isoko other groups that differ widely in language, culture and even physique. The specific groups mentioned above are distinct in that they were found, in the 1953 census, to have over one hundred thousand members. As the population of Nigeria has doubled to over seventy – eight million people in 1982 from approximately thirty – one million in 1953, it is safe to assume that these groups are now much larger.
We close with a comparison that attempts to portray the difficulties of successfully governing such an incredible variety of people. Nigeria is an area the size of the state of Texas in which over two hundred and fifty different language spoken, and in the same number of separate cultures desperately try to retain their identity. You can only imagine the ensuing chaos.
CAUSES AND EFFECTS OF ETHNICITY IN NIGERIA
Poverty
One such factor, the most powerful, is the over – increasing level of poverty – typified in joblessness, deteriorating infrastructures, etc. All these problems are due to the fundamental crisis of underdevelopment; widespread poverty and this gives rise to a scramble for limited resources. Most of these communities are no better than slums. Industries are shutting down with the attendant consequences of job losses; most families find it difficult to feed themselves. There is no potable water, no good roads, proper medical facilities, schools. Environments such as these generate fear distrusts hatred, anger, frustrations, etc. Under such circumstances, they feel rejected by the society and they easily become tools for the political elites to be used in executing diabolical ethnic agenda.
Manipulations
These factors provide classic hot beds for ethnic clashes. Recognizing this the ruling class consciously exploits the poisons of ethnicism as a means of keeping the working class permanently divided and diverting their attention away from the real problem confronting them, the crisis of Nigerian capitalism. Nor is this policy of “divide and rule” an exclusive phenomenon. It is the resort of the ruling class internationally. The manipulation of ethnic differences reflects the fear of the ruling class of the potentials of the Nigerian working class and its capacity for unity – a unity that cuts across ethnic lines. The conscious manipulation of ethnic consciousness under terrible social conditions give rise to periodic explosion of ethnic clashes.
Self Determination
The Aguleri – Umuleri internecine war is being waged by communities with the same histor y, culture, language, etc. who live and farm together and answer the same name. they are culturally homogeneous. Had Biafra been a reality they would have occupied the same nation.
The same holds true for the Ife – Modakeke war. They, too, would have been part of an Oduduwa, a republic. Yet, these “brother” communities have been waging wars of extermination for years now. This is only one of the complex aspects of the demands for self- determination.
Another is the integration of various ethnic groups. People are no longer living in homogenous regions. They are not separate from the other by a “Great Wall of China”. Diverse ethnic groups are dispersed all over of Nigeria, absorbed in the workforce, commercial activities, owning houses and business in these places inter- marrying, etc.
These population movements have further given the national question a complex character.. consequently, the issue of self-determination should be handled cautiously. How, for instance does one link the various riverside shanties of Ajegunle, Arogbo, Warri, etc. into an Ijaw republic? This idea is untenable under the present condition, i.e. under capitalism. Attempts at self – determination will only lead to ethnic cleansing of horrendous proportions, if it is confined within the narrow limit of capitalist society
Illiteracy
Ignorance could cause a lot of problems to the society and to the ignorant person(s). An ignorant person easily believes all sort of lies. Most Nigerians are illiterates who cannot read or write, who cannot see or reason beyond their ethnic group and could easily be incited against the other
Over – Centralization
On paper, Nigeria is a federal state but in reality, Nigeria runs a unitary state. Why? There is too much resources (material), too much power, too much structures. But all these are concentrated at the centre. And because these things are concentrated at the centre, the political elites are attracted. Each ethnic group sees the election of its own into an important position as an opportunity to better the lots of the ethnic people and not the interest of the nation as a whole.
Colonial Policies
The colonialists divided Nigeria only for administrative convenience and economic gains. They had no political interest for merging the north and the south together, their problem was to get what they were after. So, the division of the country into three unequal regions by the colonialists is part of the problems we are facing now in the country.
Military Rule
The successive military governments in Nigeria is one of the major effect of ethnicity in Nigeria. The military institution does not allow for collectivity but ensured that ethnic animosities become aggravated. For example, the local governments created by General Abacha in Osun and Delta states resulted in violent ethnic clashes. The stratification policy (Sabongari) as practiced in the country also promotes and encourages ethnic tension and a feeling of inferiority and superiority complex.
** Malgovernance and favouritsm/nepotism**
RELIGION AND POLITICAL INSTABILITY IN NIGERIA
The Concept of Religion and Politics
When we observe the life of men around us, we cannot fail to be struck by two facts as a rule, every man desires to have his own way to think and act as he likes; and at the same time everyone cannot have his own way, because he lives in society. One man’s desires conflict with those of another. The relations of individual members of society with one another, therefore, need regulation by government and religions leaders. When a body of people is clearly organized as a unit for purposes of government, then it is said to be politically organized and may be called a body politics or state – a society politically organized.
Religion is understood to mean the efforts of man to establish and maintain relationship with God. On the other hand, political stability is a state of relative peace which allows for accelerated growth and development in a polity. Because of the esoteric and emotional attachment of the citizens to religion, it usually has strong influence on politics. People have observed that religion offers explanations for certain phenomenon empirically and because of this, it has become a major source of influence. It has been harnessed as a tool of political instability in some of the developing countries including Nigeria – Benin (during Archbishop de Souza’s transition programme), Poland (during communist rule), and South Africa (during struggle against apartheid) Sudan (on-going civil war).
Elections, it is important to note, are not only meant to ensure, confirm or re-affirm the legitimacy of the governors or political office holders through a regular consent, but also to provide a fertile ground for democracy to thrive. However, rather than being a political asset and a legitimate force, since independence, elections in Nigeria have become a religious and political liability, a source of instability and decay. The various experiences with competitive electoral politics in Nigeria have brought the worst in political thuggery and brigandage, unmediated and unrestrained violence. If anything, the present situation only reveals how mistaken it is to assume that ‘leaders’ can be moral when they get into power via immoral means-rigged elections.
An Overview of Religion and Political Instability in Nigeria.
Today, in Nigeria, religious factor often takes pre-eminence in the distribution of government positions. Though there are so many religions that exist in Nigeria today the prominent religions are Christianity and Islam. Political largesse are often distributed or shared along Christianity and Islam lines since the adherents of the two religions form the majority. The international divisibility of the two religions has not prevented them from teaming together to fight for their respective interests.
Though Nigeria professes, and is supposed to be a secular state, the crisis of legitimacy inherent in government recognition of certain religion tends to give a lie to this stance.
Sharia
As we all know, the first major controversy over Sharia broke out in 1978, though there had been a mild debate on the issue in the 1950. However, this developed into a major crises in November 1999 when the then Governor Ahmed Sani of Zamfara state extended its application to criminal law in his state. Presently, the criminal aspect of the Sharia law poses a big threat to national unity though its proponents have argued that it was enacted in accordance with the wishes of majority of Muslims. Ever since 1999, the sharia has generated violent demonstrations in states like Kano, Kaduna, Bauchi etc and it has also tainted Nigeria’s international integrity and image because of the passage of verdicts of capital punishment for offences that were not criminal. Thank God the sharia issue is dying a natural dead.
Communal Clashes
There has been numerous communal clashes with religions colouration in Nigeria most at times they often occur in the Northern part of the country. They are born out of deep-seated mutual suspicions between the Hausa – Fulani and the minority ethnic groups. Such clashes include the 1987 clashes in Kafanchan and Lere and the 1992 clashes between the Zango and the Katafs both in Kaduna State. similarly, the 2001 crises in Jos between Hausa – Fulani and the other ethnic groups, this extended to Wase, Langtang North and Langtang South, Shendam etc all in Plateau state. the most recent crises in Jos of 2008 between Hausa – Fulani and other ethnic groups.
Secularism
Secularism is being undermined by the respective religions on the strength that these two religions are ways of life but not religions as people may view it. They argued that Christianity and Islam have to do with the way of life of their adherents. And this has generated more religious tensions in Nigeria’s democracy.
Fundamentalism
Fundamentalism is a major problem of certain religions groups in Nigeria today. Fundamentalism abhors peaceful settlement of religions crises as such a move is seen as compromise. Fundamentalists hate to see other religions exist and mutual tolerance is not in their dictionaries at all. They often build mountain out of trivial political issues and make them look very bad. For example, the issue of Boko Haram which claimed so many lives in some parts of the North – East zone of the country in 2009.
Illusions
Illusion is another major factor in religious instability in Nigeria. “Illusions” here means the feelings of mutual suspicious which are not based at all on substance among the various religious sector. Most at times, Muslim leaders express concern over what they consider to be dominant Christian culture in Nigeria. While on the other hand, Christian leaders rant over what they feel is an emerging Islamization of the polity. Muslims today believe that the observation of Sunday as a work – free – day demonstrate, the dominance of the Christian culture in Nigeria.
On top of all these points is the need for the civil society to take active interest in the affairs of the country move ahead as part of the. As citizens, in whose interest government is supposed to exist, the civil society must always check mate government to ensure that it does the rightly all the time, bearing in mind the thesis that Democracy, anywhere is never given, but always taken in the face of determined resistance and struggle. The preponderance of civil society organizations in the country will help the cause of the people in asserting their rights especially if they could collaborate on common matters that deeply democratic ethos and practices.
The Concept of ethnicity requires definition. An ethnic group is a group of people having a common language and cultural values. These common factors are emphasized by frequent interaction among the people in the group. In Nigeria, the ethnic groups are occasionally fusions created by intermarriage, intermingling and/or assimilation. In such fusions, the groups of which they are composed maintain a limited individual identity. The groups are thus composed of smaller groups, but there is as much difference between even the small groups.
The account of two hundred and fifty ethnic groups cited above overwhelmingly enumerates ethnic minority groups, those which do not comprise a majority in the region in which they live. These groups usually do not have a political voice, nor do they have access to resources or the technology needed to develop and modernize economically. They therefore often consider themselves discriminated against, neglected, or oppressed. There are only three ethnic groups which have attained ethnic majority status in their respective regions: the Hausa – Fulani in the North, the Igbo in the South Ease and the Yoruba in the South West.
The Hausa – Fulani are an example of a fused ethnic group; as they are actually made up of two groups, now surprisingly called Hausa and the Fulani. The Hausa are themselves a fusion, a collection of Sudanese peoples that were assimilated, long ago, into the population inhabiting what is now considered Hausa land. They believe in the religion of Islam. Their origin is a matter of dispute: legends trace them back to Canaan, Palestine, Libya, Mecca and Baghdad, while ethnologists hold them to be from the Southern Sahara or the Chad Basin. Once they arrived in Hausa land they became known for setting up seven small states centered on “Birni”, or walled cities. In these states the Hausa developed techniques of efficient government, including a carefully organized fiscal system and a highly learned judiciary, that gave them a reputation of integrity and ability in administering Islamic law.
The Fulani are also Muslims, and, like the Hausa, their origin is more or less an open question. Once a nomadic people, they believe themselves to be descended from the gypsies, Roman soldiers who became lost in the desert, a lost ‘tribe’ of Israel, or other groups such as the relatives of the Britons or the Tuaregs, who inhabit the Southern edge of the Sahara in Central Africa. Scholars claim that the Fulani are related to the Phoenicians, or place their origin in Shepherds of Mauritania that were looking for new pastures. Whatever their origin, the Fulani are known to have arrived in the Hausa state in the early 13th century. Since then they have inter married with the Hausa, and have mostly adopted the latter’s customs and language, although some Fulani decided to stay ‘pure’ by retaining a nomadic life and animist beliefs. The Fulani are most distractively known for a dispute that developed between them and the local king of Gobir, a spate which developed into a religious war or Jihad ended with a Fulani conquest of the Hausa states.
The second majority ethnic group is Igbo, who like the Hausa – Fulani are a synthesis of smaller ethnic groups. In this case the smaller groups are the Onitsha Igbo, the Western Igbo, the Cross River Igbo, and the North – Eastern Igbo. Their origins are completely unknown, as they claim to be from about nineteen different places. They do maintain an ‘indigenous home’, however: the belt of forest in the country to the east of the Niger valley. This home was established to avoid the Fulani’s annual slave raids, which were conducted on cavalry that was unable to explore very deeply in the forest. The Igbo thus generally inhabited inaccessible areas, although during the 19th century they began to assert ancestral claims to Nri town, “the heart of the Igbo nationality”.
The third ethnic majority group, the Yoruba, like the others are made up of numerous smaller collections of people. Those who are identified as Yoruba consider themselves to be members of the Oyo, Egba, Ijebu, Ife, Ilesha, Ekiti or Owu people. They Yoruba are united, however, by their common belief in the town of Ife as their place of origin, and the Oni of Ife as their spiritual leader. Their mythology holds that “Oduduwa”, created the earth; and represented royal houses of the Yoruba kingdoms. They trace their ancestry back to “Oduduwa”, while members of the Yoruba people maintain that they are descended from his sons. Yoruba society is organized into kingdoms, the greatest of which was called Oyo and extended as far as Ghana in the West and the banks of the Niger to the east. The Oyo empire collapsed in 1830 when Afonja, an ambitious governor of the state of Ilorin broke away but lost his territory to the hired mercenaries of the Fulani. Despite the fact that this event occurred in close temporal proximity to the Fulani Jihad, it was not associated with it.
These three groups comprise only fifty – seven percent of the population of Nigeria. The reminder of the people are members of the ethnic minority groups, which include such peoples as the Kanuri, the Nupe, and the Tiv in the North, the Efik/Ibibio, the Ejaw, and the Ekoi in the East, and the Edo and Urhobo/Isoko other groups that differ widely in language, culture and even physique. The specific groups mentioned above are distinct in that they were found, in the 1953 census, to have over one hundred thousand members. As the population of Nigeria has doubled to over seventy – eight million people in 1982 from approximately thirty – one million in 1953, it is safe to assume that these groups are now much larger.
We close with a comparison that attempts to portray the difficulties of successfully governing such an incredible variety of people. Nigeria is an area the size of the state of Texas in which over two hundred and fifty different language spoken, and in the same number of separate cultures desperately try to retain their identity. You can only imagine the ensuing chaos.
CAUSES AND EFFECTS OF ETHNICITY IN NIGERIA
Poverty
One such factor, the most powerful, is the over – increasing level of poverty – typified in joblessness, deteriorating infrastructures, etc. All these problems are due to the fundamental crisis of underdevelopment; widespread poverty and this gives rise to a scramble for limited resources. Most of these communities are no better than slums. Industries are shutting down with the attendant consequences of job losses; most families find it difficult to feed themselves. There is no potable water, no good roads, proper medical facilities, schools. Environments such as these generate fear distrusts hatred, anger, frustrations, etc. Under such circumstances, they feel rejected by the society and they easily become tools for the political elites to be used in executing diabolical ethnic agenda.
Manipulations
These factors provide classic hot beds for ethnic clashes. Recognizing this the ruling class consciously exploits the poisons of ethnicism as a means of keeping the working class permanently divided and diverting their attention away from the real problem confronting them, the crisis of Nigerian capitalism. Nor is this policy of “divide and rule” an exclusive phenomenon. It is the resort of the ruling class internationally. The manipulation of ethnic differences reflects the fear of the ruling class of the potentials of the Nigerian working class and its capacity for unity – a unity that cuts across ethnic lines. The conscious manipulation of ethnic consciousness under terrible social conditions give rise to periodic explosion of ethnic clashes.
Self Determination
The Aguleri – Umuleri internecine war is being waged by communities with the same histor y, culture, language, etc. who live and farm together and answer the same name. they are culturally homogeneous. Had Biafra been a reality they would have occupied the same nation.
The same holds true for the Ife – Modakeke war. They, too, would have been part of an Oduduwa, a republic. Yet, these “brother” communities have been waging wars of extermination for years now. This is only one of the complex aspects of the demands for self- determination.
Another is the integration of various ethnic groups. People are no longer living in homogenous regions. They are not separate from the other by a “Great Wall of China”. Diverse ethnic groups are dispersed all over of Nigeria, absorbed in the workforce, commercial activities, owning houses and business in these places inter- marrying, etc.
These population movements have further given the national question a complex character.. consequently, the issue of self-determination should be handled cautiously. How, for instance does one link the various riverside shanties of Ajegunle, Arogbo, Warri, etc. into an Ijaw republic? This idea is untenable under the present condition, i.e. under capitalism. Attempts at self – determination will only lead to ethnic cleansing of horrendous proportions, if it is confined within the narrow limit of capitalist society
Illiteracy
Ignorance could cause a lot of problems to the society and to the ignorant person(s). An ignorant person easily believes all sort of lies. Most Nigerians are illiterates who cannot read or write, who cannot see or reason beyond their ethnic group and could easily be incited against the other
Over – Centralization
On paper, Nigeria is a federal state but in reality, Nigeria runs a unitary state. Why? There is too much resources (material), too much power, too much structures. But all these are concentrated at the centre. And because these things are concentrated at the centre, the political elites are attracted. Each ethnic group sees the election of its own into an important position as an opportunity to better the lots of the ethnic people and not the interest of the nation as a whole.
Colonial Policies
The colonialists divided Nigeria only for administrative convenience and economic gains. They had no political interest for merging the north and the south together, their problem was to get what they were after. So, the division of the country into three unequal regions by the colonialists is part of the problems we are facing now in the country.
Military Rule
The successive military governments in Nigeria is one of the major effect of ethnicity in Nigeria. The military institution does not allow for collectivity but ensured that ethnic animosities become aggravated. For example, the local governments created by General Abacha in Osun and Delta states resulted in violent ethnic clashes. The stratification policy (Sabongari) as practiced in the country also promotes and encourages ethnic tension and a feeling of inferiority and superiority complex.
** Malgovernance and favouritsm/nepotism**
RELIGION AND POLITICAL INSTABILITY IN NIGERIA
The Concept of Religion and Politics
When we observe the life of men around us, we cannot fail to be struck by two facts as a rule, every man desires to have his own way to think and act as he likes; and at the same time everyone cannot have his own way, because he lives in society. One man’s desires conflict with those of another. The relations of individual members of society with one another, therefore, need regulation by government and religions leaders. When a body of people is clearly organized as a unit for purposes of government, then it is said to be politically organized and may be called a body politics or state – a society politically organized.
Religion is understood to mean the efforts of man to establish and maintain relationship with God. On the other hand, political stability is a state of relative peace which allows for accelerated growth and development in a polity. Because of the esoteric and emotional attachment of the citizens to religion, it usually has strong influence on politics. People have observed that religion offers explanations for certain phenomenon empirically and because of this, it has become a major source of influence. It has been harnessed as a tool of political instability in some of the developing countries including Nigeria – Benin (during Archbishop de Souza’s transition programme), Poland (during communist rule), and South Africa (during struggle against apartheid) Sudan (on-going civil war).
Elections, it is important to note, are not only meant to ensure, confirm or re-affirm the legitimacy of the governors or political office holders through a regular consent, but also to provide a fertile ground for democracy to thrive. However, rather than being a political asset and a legitimate force, since independence, elections in Nigeria have become a religious and political liability, a source of instability and decay. The various experiences with competitive electoral politics in Nigeria have brought the worst in political thuggery and brigandage, unmediated and unrestrained violence. If anything, the present situation only reveals how mistaken it is to assume that ‘leaders’ can be moral when they get into power via immoral means-rigged elections.
An Overview of Religion and Political Instability in Nigeria.
Today, in Nigeria, religious factor often takes pre-eminence in the distribution of government positions. Though there are so many religions that exist in Nigeria today the prominent religions are Christianity and Islam. Political largesse are often distributed or shared along Christianity and Islam lines since the adherents of the two religions form the majority. The international divisibility of the two religions has not prevented them from teaming together to fight for their respective interests.
Though Nigeria professes, and is supposed to be a secular state, the crisis of legitimacy inherent in government recognition of certain religion tends to give a lie to this stance.
Sharia
As we all know, the first major controversy over Sharia broke out in 1978, though there had been a mild debate on the issue in the 1950. However, this developed into a major crises in November 1999 when the then Governor Ahmed Sani of Zamfara state extended its application to criminal law in his state. Presently, the criminal aspect of the Sharia law poses a big threat to national unity though its proponents have argued that it was enacted in accordance with the wishes of majority of Muslims. Ever since 1999, the sharia has generated violent demonstrations in states like Kano, Kaduna, Bauchi etc and it has also tainted Nigeria’s international integrity and image because of the passage of verdicts of capital punishment for offences that were not criminal. Thank God the sharia issue is dying a natural dead.
Communal Clashes
There has been numerous communal clashes with religions colouration in Nigeria most at times they often occur in the Northern part of the country. They are born out of deep-seated mutual suspicions between the Hausa – Fulani and the minority ethnic groups. Such clashes include the 1987 clashes in Kafanchan and Lere and the 1992 clashes between the Zango and the Katafs both in Kaduna State. similarly, the 2001 crises in Jos between Hausa – Fulani and the other ethnic groups, this extended to Wase, Langtang North and Langtang South, Shendam etc all in Plateau state. the most recent crises in Jos of 2008 between Hausa – Fulani and other ethnic groups.
Secularism
Secularism is being undermined by the respective religions on the strength that these two religions are ways of life but not religions as people may view it. They argued that Christianity and Islam have to do with the way of life of their adherents. And this has generated more religious tensions in Nigeria’s democracy.
Fundamentalism
Fundamentalism is a major problem of certain religions groups in Nigeria today. Fundamentalism abhors peaceful settlement of religions crises as such a move is seen as compromise. Fundamentalists hate to see other religions exist and mutual tolerance is not in their dictionaries at all. They often build mountain out of trivial political issues and make them look very bad. For example, the issue of Boko Haram which claimed so many lives in some parts of the North – East zone of the country in 2009.
Illusions
Illusion is another major factor in religious instability in Nigeria. “Illusions” here means the feelings of mutual suspicious which are not based at all on substance among the various religious sector. Most at times, Muslim leaders express concern over what they consider to be dominant Christian culture in Nigeria. While on the other hand, Christian leaders rant over what they feel is an emerging Islamization of the polity. Muslims today believe that the observation of Sunday as a work – free – day demonstrate, the dominance of the Christian culture in Nigeria.
On top of all these points is the need for the civil society to take active interest in the affairs of the country move ahead as part of the. As citizens, in whose interest government is supposed to exist, the civil society must always check mate government to ensure that it does the rightly all the time, bearing in mind the thesis that Democracy, anywhere is never given, but always taken in the face of determined resistance and struggle. The preponderance of civil society organizations in the country will help the cause of the people in asserting their rights especially if they could collaborate on common matters that deeply democratic ethos and practices.
NIGERIA’S FOREIGN POLICY
Aims and Objectives of Nigeria’s Foreign Policy
The aims and objectives of Nigeria’s foreign policy include the following:-
i. The promotion of the national interest of Nigeria
ii. Friendship and cooperation with all nations of the world which recognize and respect Nigeria’s sovereignty
iii. Non – alignment to any power bloc.
iv. Assistance to African states in search of solutions to their problems and encouragement of the development of common ties among all African states to foster cooperation among countries of Africa in so far as it is compatible with Nigeria’s national interest.
v. Respect for the sovereign equality of all nations as well as non-intervention in the international affairs of their state.
vi. Unimpeded decolonization
vii. The defence of Nigeria sovereignty, independence and territorial integrity
viii. The defence and promotion of world peace
ix. The promotion and defence of justice and respect for human dignity, especially the dignity of the black man.
x. The promotion of equality and self-reliance in Africa and the rest of developing world.
xi. The creation of necessary political and economic conditions in Africa and the rest of the world which will facilitate the defence of the independence and territorial integrity of all African countries while at the same time fostering national self-reliance and rapid economic development.
Major Features of Nigeria’s Foreign Policy
The major features of Nigeria’s foreign policy are as follows:-
i. Friendship and Cooperation: The country maintains friendship and cooperation with other nations of the world that respect her sovereignty.
ii. Non-alignment: To remain non-aligned with any of the power blocs, i.e. Western or Eastern blocs. West representing capitalism and East, communism
iii. Clear and Practical Policies: Adoption of clear and practical policies regarding Africa with a view to bringing about cooperation and progress to all independent African States.
iv. Independence of African States: Helping non-independent African States to achieve total independence, confirming the statement that Africa is the centerpiece of Nigeria’s foreign policy.
v. Respect for territorial integrity: Nigeria has respect for other states in Africa based on the principle of non-interference in the internal affairs of other states.
vi. vi. Peaceful resolution of crises: Joining other states to find peaceful resolution to crisis as in ECOMOG troops in Liberia, Sierra – Leone etc.
vii. Eradication of colonialism in Africa and also apartheid in South Africa as well as giving financial or moral support to liberation movements e.g. SWAPO, etc in Southern Africa.
Determinants of Nigeria’s Foreign Policy
The determinants of Nigeria’s foreign policy are the basic issues that influence the foreign policy decisions of the Nigerian government. The internal factors are those confined within the borders of Nigeria while the external factors are the ones without the confines of our borders.
Internal Determinants
The international determinants includes:-
i. The size of a country
ii. The military capability
iii. Political system/stability
iv. Demographic factor (quality and quantity of population)
v. Geo – political location vi. Economic situation; and
vi. Leadership
External Determinants
The external determinants are:-
i. The prevailing world order
ii. Perception of a country by other countries.
Instruments of Nigeria’s Foreign Policy
The instruments of Nigeria’s foreign policy are the mechanisms employed by states in going about their relations with other states. They includes propaganda, diplomacy, sanctions, cultural influence and war.
Propaganda
Propaganda is the act of manipulating and distorting information by a state against the other’s interests. If involves the extensive use of the prints and electronics media.
Diplomacy
Diplomacy is the most peaceful instrument of conducting foreign policy. It is the conduct of foreign policy through interaction and negotiation. Nigeria in 2002 negotiated freedom for her citizens who were illegally detained by Cameroonian gendarmes.
Sanction
Sanction is the act of imposing stringent and uncomfortable economic and military restriction on a country or countries by others. Sanction is a relatively effective instrument of foreign policy because it compels conformity to minimum standards of civilization. As an aftermath of the gulf war of 1990, economic sanction was imposed on Iraq to dissuade her from acquiring biological weapons.
Cultural Influence
Cultural influence is a contemporary instrument of conducting foreign relations. It is often used to protect a country’s collective interest. Cultural ties could be cut in order to send a strong and powerful message across to the world. In 1976, Nigeria led other members of OAU to boycott the Montreal Olympic games to protect against continued apartheid in Southern Africa.
War
A scholar once reported that all wars are continuation of diplomacy in another dimension. The truism in his assertion is hinged on the fact it is an instrument to protect a country’s interests, through it must be the last resort. Ethiopia and Eritrea were involved in a war between 1990 and 1999 over their common borders.
The above analysis shows that there would be no significant change in Nigeria’s foreign policy objectives and principles in the nearest future. Rather, the bias of successive government is the major issue that will continue to generate widespread debates on. However, in a world that is gradually globalizing and aggressively so, Nigeria should not relent in her effort at encouraging both sub-regional and regional economic integration on the West Africa economic integration on the West Africa.
Aims and Objectives of Nigeria’s Foreign Policy
The aims and objectives of Nigeria’s foreign policy include the following:-
i. The promotion of the national interest of Nigeria
ii. Friendship and cooperation with all nations of the world which recognize and respect Nigeria’s sovereignty
iii. Non – alignment to any power bloc.
iv. Assistance to African states in search of solutions to their problems and encouragement of the development of common ties among all African states to foster cooperation among countries of Africa in so far as it is compatible with Nigeria’s national interest.
v. Respect for the sovereign equality of all nations as well as non-intervention in the international affairs of their state.
vi. Unimpeded decolonization
vii. The defence of Nigeria sovereignty, independence and territorial integrity
viii. The defence and promotion of world peace
ix. The promotion and defence of justice and respect for human dignity, especially the dignity of the black man.
x. The promotion of equality and self-reliance in Africa and the rest of developing world.
xi. The creation of necessary political and economic conditions in Africa and the rest of the world which will facilitate the defence of the independence and territorial integrity of all African countries while at the same time fostering national self-reliance and rapid economic development.
Major Features of Nigeria’s Foreign Policy
The major features of Nigeria’s foreign policy are as follows:-
i. Friendship and Cooperation: The country maintains friendship and cooperation with other nations of the world that respect her sovereignty.
ii. Non-alignment: To remain non-aligned with any of the power blocs, i.e. Western or Eastern blocs. West representing capitalism and East, communism
iii. Clear and Practical Policies: Adoption of clear and practical policies regarding Africa with a view to bringing about cooperation and progress to all independent African States.
iv. Independence of African States: Helping non-independent African States to achieve total independence, confirming the statement that Africa is the centerpiece of Nigeria’s foreign policy.
v. Respect for territorial integrity: Nigeria has respect for other states in Africa based on the principle of non-interference in the internal affairs of other states.
vi. vi. Peaceful resolution of crises: Joining other states to find peaceful resolution to crisis as in ECOMOG troops in Liberia, Sierra – Leone etc.
vii. Eradication of colonialism in Africa and also apartheid in South Africa as well as giving financial or moral support to liberation movements e.g. SWAPO, etc in Southern Africa.
Determinants of Nigeria’s Foreign Policy
The determinants of Nigeria’s foreign policy are the basic issues that influence the foreign policy decisions of the Nigerian government. The internal factors are those confined within the borders of Nigeria while the external factors are the ones without the confines of our borders.
Internal Determinants
The international determinants includes:-
i. The size of a country
ii. The military capability
iii. Political system/stability
iv. Demographic factor (quality and quantity of population)
v. Geo – political location vi. Economic situation; and
vi. Leadership
External Determinants
The external determinants are:-
i. The prevailing world order
ii. Perception of a country by other countries.
Instruments of Nigeria’s Foreign Policy
The instruments of Nigeria’s foreign policy are the mechanisms employed by states in going about their relations with other states. They includes propaganda, diplomacy, sanctions, cultural influence and war.
Propaganda
Propaganda is the act of manipulating and distorting information by a state against the other’s interests. If involves the extensive use of the prints and electronics media.
Diplomacy
Diplomacy is the most peaceful instrument of conducting foreign policy. It is the conduct of foreign policy through interaction and negotiation. Nigeria in 2002 negotiated freedom for her citizens who were illegally detained by Cameroonian gendarmes.
Sanction
Sanction is the act of imposing stringent and uncomfortable economic and military restriction on a country or countries by others. Sanction is a relatively effective instrument of foreign policy because it compels conformity to minimum standards of civilization. As an aftermath of the gulf war of 1990, economic sanction was imposed on Iraq to dissuade her from acquiring biological weapons.
Cultural Influence
Cultural influence is a contemporary instrument of conducting foreign relations. It is often used to protect a country’s collective interest. Cultural ties could be cut in order to send a strong and powerful message across to the world. In 1976, Nigeria led other members of OAU to boycott the Montreal Olympic games to protect against continued apartheid in Southern Africa.
War
A scholar once reported that all wars are continuation of diplomacy in another dimension. The truism in his assertion is hinged on the fact it is an instrument to protect a country’s interests, through it must be the last resort. Ethiopia and Eritrea were involved in a war between 1990 and 1999 over their common borders.
The above analysis shows that there would be no significant change in Nigeria’s foreign policy objectives and principles in the nearest future. Rather, the bias of successive government is the major issue that will continue to generate widespread debates on. However, in a world that is gradually globalizing and aggressively so, Nigeria should not relent in her effort at encouraging both sub-regional and regional economic integration on the West Africa economic integration on the West Africa.
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