I can really never stop talking about Nigeria. This statement is meant to explain why I keep returning to the federalism and restructuring issue that has taken the centre stage of national discourse lately. And this is rightly so too. No one who believes in Nigeria and the Nigerian project ought to keep quiet. If we all agree Nigeria is a work in progress, then it behooves all right thinking and patriotic Nigerians to pool thoughts and plans together toward reinventing the Nigerian state. And there is no better way to start than by constantly addressing and brainstorming on what seems so immediate but fundamental to Nigeria’s future as a nation—her federal status. It is unfortunate that so much ink had to be spilled and so much time wasted on what needed to have been done and quickly, but this only tells us what harm politics can do to governance and national imperatives. But then, the complexity of the reform imperative derives from its constant maneuverings between policy feasibility and political correctness. But no matter what happens, the reform instinct must be kept on edge about issues that are critical to the urgent responsibility of reinventing the Nigerian state as a democratic and federally viable state.
A good place to commence this round of the federalism discourse is, of course, the conceptual. And this implies quickly debunking the enormous but false expectation derivable from couching the discourse in terms of Nigeria achieving a “true federalism.” Concepts like “true federalism” or “true democracy” are based on the wrong idea that there is a true and perfect but concrete embodiment of federalism or democracy somewhere in the universe to which countries like Nigeria ought to aspire to. This is a patently false deduction. The federal idea is a human ideational construct meant to engage human political dynamics of living together. And this implies automatically that it is subjected to specific weaknesses arising from context-bound anomalies. This is a good starting point for understanding and engaging with the predicament of Nigerian federalism. If we must make any reform headway with this predicament, we need to first get its conceptual and contextual necessities right. What we have from K. C. Wheare is not the ideal of federalism, but a significant statement of the federating paradigm consisting of a centre and regional arrangement circumscribed by competitive learning and sharing.
This conceptual understanding is relevant because it outlines a framework that makes for a development-sensitive national dynamics within which regions and federating states could have straight constitutional leeway to make progress without getting tied down by any centralizing factor. But like most states in the world, the case is that federalism is so poorly executed as to make it less that enabling as a development initiative. In the Nigerian case, the core issues which have not been cogently addressed sufficiently to give our federalism a bite include (a) the number and nature of the federating units; (b) fiscal issues in the relationship between the federating units; (c) the schedule of functions that ought to divide the relevant responsibilities in a way that makes a federal state really federal; (d) the dynamics of party politics and the electoral system that regulates the political parties and their jostling for power; (e) inter-governmental relations; etc. All these are significantly contentious issues which, we agree, may not be amenable to some final resolution. I doubt if there is any political issue that can be so resolved. On the contrary, what we must for is some level of compromise that allows for some reform tinkering that can move us forward. This is the kind of resolution I have been pushing for in the federalism issue in Nigeria.
The underlying question, in the Nigerian case, is simple: Under what condition(s) can Nigeria become a really federal state with the required dynamics to enable sustainable development? A sincere attention to this question will bring to light contentions, pressures and threats which have served to undermine the desire for unity up till now, but that can only be managed through a sustained and systematic process of critical bargaining and negotiations that will help keep an equilibrium between centrifugal and centripetal forces. The Nigerian leadership has played the ostrich with the forces of ethnicity and religion for far too long. Federalism is definitely not a magic wand whose implementation will bring an immediate end to Nigeria’s complex problems. But then, it is a necessary national instrument that will at most take the sting out of any fragmenting tendencies arising from ethnicity. What do we make of the current agitation for Biafra that has taken the front burner of national discourse boils down ultimately to a lopsided national framework that prevents productive debate around restructuring and citizenship? The Biafran agitation, in other words, speaks to some fundamental need by the various constituents of the Nigerian state to find a national platform that will address their disaffections. Presently, Nigeria’s lopsided federal arrangement has failed to do this. And the crises multiply.
The root of all these crises lies in a constitution that still carry a legitimacy baggage and that is shot through with contradictions that undermine any genuine attempt at restructuring. One good instance suffices. Section 7 of the 1999 Constitution supposedly established the Local Government Councils as the “Third Tier” of government with their own democratically elected government and governance dynamics. Yet, the same Constitution empowers the states, as the “Second Tier” of government to legislate on local government affairs. For example, the state now not only constitute spurious “caretaker committees” to oversee local government administrative issues, but also stringently manage local government funds in a manner that starve these third tier of the significant capacity and capability to carry out their governance responsibility, especially those spelt out in the 4th Schedule of the Constitution.
It is therefore the root of these crises that must be tackled through, first, a strong political will that is directed at three levels of national reform—constitutional, governance and political. The constitutional-legal reforms require creating a balance between negotiated bargaining and constitutional amendments, in which the latter becomes expedient when the former fails to yield the desired expectations. The Nigerian Constitution is a grand paradox that professes federalism within a unitary constitutional framework. The consequence is the contradictory relations between the states and the local governments highlighted earlier.