By DAN AMOR
In the last years when the military abolishedthe practice of true federalism in Nigeria, our understanding of the barreness of our forced union has been profoundly modified. Our speculations now extend to embrace the infinite; and, whether we are aware of it or not, our daily life has taken its tone and colour from this tremendous realization in our outlook. We have only to open our eyes to the reality on ground to echo in our hearts and awaken a similar sensation of anguish, to which many us are not immune. But the truth is that Nigeria’s federal arrangement is a blatant fraud abinitio. Nobody is saying that it is absolutely bad to copy any political model from elsewhere. The only problem is that due to greed and our inherent intolerance, we lack the will and courage to practise what we copy from other climes. The American federal system which we claim to have copied is in truth a partnership in which the doctrine of dual federalism, held generally for almost of a century and still widely embraced, has in fact given way before the practice of cooperative federalism.
Perhaps, the last thing that could be said of America’s federal system is that it is fixed, formal, and certain in its distribution of powers and in the relations between the states. On the contrary, it remains an experimental system, one which probes constantly for pragmatic accommodation where legal principle fails. It is above all a practical system. At this critical stage of our national life when there is palpable tension in the land due to ravaging effect of the prolonged attempt by some to lord it over others, and the dissatisfaction on the part of those at the receiving end of injustice, a central question for those engaged in constitution writing or amendment must be how to distribute power territorially. If truly our politicians want this country to remain as a single entity and in peace they should contend with these pertinent questions:How can national and state powers be delineated with clarity and precision, sufficient enough to minimize uncertainty and conflict? What will be the basis of representation for the nation and also for the component parts? How can national supremacy be assured? What provision should be made for inter-governmental relations? What will be the relationship between national, state and local governments? What percentage of tax should the component units pay to the central government for the control of mineral and natural resources?
Our legislative “leaders” must also be reminded of the fact that in making territorial arrangements for government, two methods are commonly used: unitary and federal. The former concentrates authority and power in a single central government having legal omnipotence over all territory to which it holds title. In practice, central (unitary) governments have no states but establish local units to serve as their agents. Examples of unitary states include France, Great Britain and most of the other smaller nations. On the other hand, under the federal form authority and power are divided between the central government and self-governing parts, with each operating in a sphere defined by the fundamental law. The self-governing parts, which may be referred to as “Provinces”, “States,” “Regions,” or something else, usually organize internally along unitary lines and establish local governments to serve as their agents. Besides the United States, Switzerland, Mexico and Canada, are examples of federal states. Under the federal arrangement, matters of primary importance to the country as a whole are assigned to the federal government. Usually these include foreign relations, defence, regulation of foreign and large-scale commerce and the monetary system.
Functions of more localized interests such as public education, protection of lives and property, construction and maintenance of roads, highways and regulation of small-scale businesses, are given to the federating units. Unfortunately, in Nigeria, a unitary constitution is imposed on a federal arrangement by the military because it suits a particular section of the country. What makes it even more unfortunate is that rather than proceed to some penitence, those who have held this country hostage for too long, those who are openly associated with this orchestrated process of domination, are still making provocative statements and actions that portray other nationalities as second class citizens even when they are the life blood of the nation. For instance, the country has been overtly focused on oil with impunity and vehemence without caring a hoot about what becomes of the oil producing areas when the oil wells eventually dry up. These self-seeking rulers do not bother any hoot about the fact that widespread gas flaring and oil-spillage has inflicted incalculable havoc on human, plant and animal life in the oil-producing region.
Given the pains and traumas of our past and present experiences, the very basis of our existence as a united entity needs a fundamental restructuring. Nigeria has been taken to the cleaners by the military in cahoots with an irresponsible and opportunistic political class.
It is lamentable that the country’s national socio-political and economic score sheet indubitably reveals that giddy hopes of many have been overtaken by the inordinate ambition of a few. But those who think that things will remain like this are making a terrible mistake. Nigeria is too large and diverse to be tossed like a dice by just a section of the country. What is required is the unity of other sections to call the bluff of the arrogant interloper. For too long, an all-powerful central government has been sweeping away rights of individuals and minorities.
If Nigeria is a federation, the National Assembly must give the people of this country a federal constitution and not the unitary constitution foisted on us by the military. It is not the responsibility of the Presidency to restructure Nigeria but that of the National Assembly. The 2014 National Conference document provides the pathway to the restructuring of Nigeria. Those who don’t want peace in the country are those ganging up against the real change that Nigerians want. Our politicians know the implication of making a peaceful change impossible.
*Amor writes from Abuja