Understanding the Key Features of Federalism in Nigeria

If you live in Nigeria, you’re probably used to hearing about the federal system of government. But do you really understand what federalism means and why Nigeria adopted this system? In this article, we’ll break down the key things you should know about federalism in a simple way so you can wrap your head around it easily.

We’ll cover the features of federalism, and the basics so you gain insight into the powers divided between the federal, state and local governments. Understanding these core aspects of federalism will help you comprehend the news better when politicians debate issues around resource control or state police. So read on to get an accessible primer on Nigeria’s federal structure!

What Is Federalism?

Federalism is a system of government in which power is divided between a central government and regional governments in a single political system. In a federation, each level of government has certain authority over the same territory and people. Johannes Althusius and Montesquieu are regarded as the fathers of modern federalism.

Origin and Concept of Federalism

Federalism is a system of government in which the power is divided between a central authority and various constituent units of the country. In a federation, the central government has the power to make laws and frame policies on certain subjects of national importance such as defense, currency, foreign affairs, etc. The regional or state governments have the power to make laws on certain subjects of local interest such as health, education, agriculture, etc.

The origin of federalism dates back to the days of Aristotle who propounded the theory of ‘federal governance’. The word ‘federal’ comes from the Latin word ‘foedus’ which means ‘covenant’, ‘alliance’, ‘treaty’, or ‘pact’. However, federalism in the modern sense originated in the USA after the American War of Independence in 1787. The founding fathers of America established a federal constitution to unite 13 independent states into a nation.

In conclusion, federalism aims to unite independent states into a nation while also preserving their regional autonomy. It leads to administrative convenience, diffusion of power, and accommodation of regional diversity.

Features of Federalism In Nigeria

Federalism is a system of government in which power is divided between a central authority and various regional governments. Nigeria adopted a federal system of government to promote unity in diversity. Some of the key features of federalism in Nigeria include:

Division of Powers

Nigeria practices a federal system of government with three tiers. This three-tier structure comprises the federal, state and local governments. Each tier of government has its own sphere of power and authority.

The federal government is at the top of the hierarchy. It handles defense, currency, foreign affairs, and other nationwide responsibilities. The President, along with the bicameral National Assembly, oversees the federal level.

Below the federal level are 36 states. Each state has its own elected governor and House of Assembly. The states manage areas like education, healthcare, transportation, and commerce within their borders. States can pass their own laws and levy certain taxes, but federal law overrides state law.

At the local level, there are 774 local government areas or councils in Nigeria. Local councils handle community services like waste collection, road maintenance, and parks. They are overseen by elected chairmen and councilors. Local laws and taxes also apply at this tier.

The three tiers operate independently, though higher levels of government still exert some control and oversight over lower levels. Revenue from natural resources and taxes are shared between the federal and state governments. The local councils also receive allocations from the state and federal governments.

This three-tiered system of federalism aims to balance unity and diversity. It allows for shared governance while still recognizing Nigeria’s cultural and regional differences. However, there are challenges in clearly defining the powers of each level and in equitably sharing resources between the states. Striking the right balance of power between the tiers of government continues to be an ongoing process in Nigeria’s federal democracy.

Written Constitution

Nigeria has a written constitution that defines the structure and powers of government. The constitution establishes the federal system, outlines government institutions, and allocates powers to the different levels of government. This helps to limit potential abuse of power and provides a framework for governance.

Elected Representatives

Representatives at both the federal, state and local level are elected, promoting democracy. Citizens have the opportunity to choose their leaders and hold them accountable through regular elections.

Dispute Resolution

There are mechanisms in place to resolve disputes between the federal government and state governments. The Supreme Court can determine whether one level of government has overstepped its authority. This aims to maintain the balance of power in the federal system.

Federalism allows regions within a country to have a degree of self-governance

In Nigeria, the constitution gives regions the right to enact their own laws and regulations that are legally binding within their territory. The regions in Nigeria can draft and approve their own constitutions to govern their territory. They also have the authority to pass decrees, ordinances, and other legislative acts that have the full force of law within their region. These regional constitutions and laws carry the same legal weight as the federal constitution and federal statutes.

The regional governments have a high degree of independence in how they operate. They can determine their own administrative structure, establish government institutions and public services, and allocate resources and funding as they see fit based on the needs of their citizens. The federal government cannot override or revoke regional laws and policies unless they violate the federal constitution.

Bicameral legislature

The Nigerian federal system has a bicameral legislature at the federal level, made up of the Senate and the House of Representatives. The Senate has 109 members, with 3 members elected from each state and 1 member from the Federal Capital Territory. The House of Representatives has 360 members who are elected from single-member constituencies drawn from the states based on population.

The Senate represents the interests of individual states while the House of Representatives represents the interests of the people. This structure ensures that both the federal and state governments are represented in the parliament. The bicameral legislature also prevents the dominance of one chamber over the other.

The Senate has special powers to approve treaties and constitutional amendments. It also has the sole power of impeachment of the President. On the other hand, the House of Representatives has the power of appropriation, that is, power over finance bills. For any bill to become law, it must be passed by a simple majority in both chambers.

• This bicameral structure promotes inclusiveness by giving both the federal government and state governments a voice in the parliament.
• It prevents the concentration of power in one chamber and encourages careful review of bills.
• It also promotes checks and balances which is key to any democratic system of government.
• The division of powers between the two chambers ensures that no chamber is more powerful than the other.

In summary, the bicameral federal parliament in Nigeria, with the Senate and the House of Representatives, provides representation for both state and federal interests. It also fosters inclusiveness, promotes checks and balances, and prevents the concentration of power, which are all key principles of federalism.

Constitutional Supremacy

The Constitution is the supreme law of the land in Nigeria. What this means is that any law inconsistent with the provisions of the Constitution is null and void. The Constitution prevails over any legislation, whether existing before or after the commencement of the Constitution.

The supremacy clause is enshrined in Section 1(1) of the 1999 Constitution which provides that “This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.” This simply means that the Constitution is superior to any other law in Nigeria. It is the grundnorm – the fundamental norm upon which the validity of all other laws depends.

The Constitution establishes the structure of government and the relationship between the government and the people. It sets out the extent of powers and functions of the various arms of government – the executive, legislature and judiciary. The Constitution guarantees certain fundamental rights of individuals against interference by the government. It lays down rules for amendment of the Constitution. Therefore, any law that is inconsistent with the provisions of the Constitution will be declared null and void and of no effect to the extent of its inconsistency.

The supremacy of the Constitution is enforced through the process of judicial review. The courts are empowered to review the validity of all laws against the yardstick of the Constitution and strike down any law that is inconsistent with the provisions of the Constitution. This is to ensure that the provisions of the Constitution are respected and given effect as the supreme law of the land.

The Subjects of the Federation Cannot be Independent Subjects of International Relations

As a federation, Nigeria’s member states cannot conduct their own foreign affairs or enter into diplomatic relations with other nations. Only the federal government in Abuja can do that.

This is an important feature of federalism in Nigeria. It means that the 36 states and Federal Capital Territory cannot act as separate countries on the global stage or make treaties with foreign governments. They must go through the central federal government for any international agreements or relations.

Some key reasons for this include:

• It allows Nigeria to speak with one unified voice on global issues and foreign policy. This presents a stronger, more coordinated image to the outside world.
• It avoids confusion and conflict that could arise if individual states pursued opposing foreign policies or made agreements that undermined national interests.
• The federal government is better equipped to handle international diplomacy and global affairs. States may lack the expertise, experience, and resources to conduct complex foreign relations and negotiations.
• Granting states too much independence in international affairs could threaten Nigeria’s sovereignty and territorial integrity. There is a risk of states acting in ways that weaken the federation.
• Most federations around the world also reserve foreign affairs and diplomacy as a federal power. It is a common feature of federalism.

While states cannot be fully independent members of the global community, the federal system does provide opportunities for cultural and economic exchanges between states and neighboring countries or regional blocs. But the federal government maintains oversight and control of Nigeria’s foreign policy and relations. This balance of power is crucial for Nigeria’s federal system of government.

Evolution of Federalism in Nigeria

Federalism was adopted in Nigeria in 1954 to address the challenges of diversity and governance in the country. The Lyttleton Constitution established a federal system of government with three regions Northern, Western and Eastern. Each region had its own legislature and a considerable measure of self-government with the central government controlling defense, foreign affairs, and communications.

In 1963, Nigeria became a republic and established a federal system with four regions under the Republican Constitution. The Mid-West region was carved out of the Western region. The four regions had a considerable degree of autonomy in managing their internal affairs.

The military took over power in 1966 and increased the power of the central government. In 1967, twelve states were created to replace the four regions. The military continued to centralize power until 1979 when the civilian government drafted a new constitution which established the current 36 state structure. However, most of the power still resided with the central government.

In 1999, the country returned to democracy and adopted a new constitution which provides for separation of powers across the federal, state and local government levels. The federal government has exclusive powers over defense, foreign affairs, immigration, etc. while the state and local governments control primary education, health, agriculture, etc. There is also a concurrent list of powers shared between the federal and state governments.

Challenges of Implementing Federalism in Nigeria

Federalism is a system of government where power is divided between state, local and federal governments. While federalism aims to promote unity in diversity, its implementation in Nigeria faces several challenges:

• Ethnicity and tribalism: Nigeria has over 250 ethnic groups, and ethnic allegiances often override national identity. This makes equitable distribution of resources and political positions difficult, as ethnic groups lobby for advantages.
• Corruption: Mismanagement of funds and resources is rampant. Corruption undermines the effective working of the federal system.
• Inequality: There is an uneven spread of social and economic development across states. Some states have greater access to resources and infrastructure, widening regional disparities.
• Revenue allocation: Determining how national revenue should be shared among federal, state and local governments remains controversial. The allocation formula is frequently disputed, straining center-state relations.
• Conflict over resource control: There are tensions over which level of government should control revenues from natural resources like oil. The Niger Delta region where most oil is produced feels disadvantaged.
• Over-dependence on oil: Nigeria depends heavily on oil revenue, making it vulnerable to price shocks. This dependence limits the funds available for federal, state and local governments to carry out their functions.
• Weak local governments: Local governments are under the control of state governments and lack autonomy. They are unable to provide effective governance and service delivery at the grassroots level.
• Disagreement over powers: There are frequent disputes between federal and state governments over their exclusive and concurrent powers. This blurring of responsibilities hampers governance.

To make federalism work well in Nigeria, these challenges must be addressed through political will, constitutional reforms, equitable development, transparency, grassroots empowerment, and diversifying government revenue sources beyond oil. With commitment, Nigeria’s federal system can achieve its goals of unity and good governance.

Frequently Asked Questions about Federalism in Nigeria

As a federal republic, Nigeria’s system of government allows some power to be shared between the federal government and state governments. This can lead to lots of questions about how federalism works in Nigeria. Here are some of the most common FAQs:

How many states are in Nigeria’s federal system?

Nigeria has 36 states, as well as a federal capital territory where the capital city of Abuja is located. The states are diverse in population, culture, religion, and resources.

What powers does the federal government have?

The federal government is responsible for matters like:

• National defense and security
• Foreign affairs and international relations
• Currency, banking, and finance
• Immigration and citizenship
• Federal taxation

What powers do state governments have?

State governments control areas such as:

• Education
• Healthcare
• Agriculture
• Local governments
• State taxation
• Infrastructure like roads, housing, and transportation within the state

How are revenues shared between the federal and state governments?

Revenue from resources like oil and gas are collected by the federal government and distributed to states based on factors like population, need, and where the resources are located. The federal government keeps about 50-60% of revenues and distributes the rest to states.

Can states create their own laws?

Yes, state governments have the power to create their own laws and policies on issues under their control like education, healthcare, and infrastructure. However, state laws cannot contradict federal laws or the constitution. The federal government maintains supremacy over state governments.

How can conflicts between federal and state governments be resolved?

Conflicts are resolved through the court system, especially the Supreme Court. The Supreme Court has the final say on interpreting the constitution and determining whether federal or state law should prevail in a dispute.

Conclusion

Federalism has both advantages like unity, adaptability, experimentation, etc. as well as disadvantages such as conflicts, lack of uniform policies, etc. But a balanced federal system can lead to unity as well as progress. The key is that both levels of government work harmoniously with each other.

Federalism in Nigeria is still evolving to address the challenges of diversity and governance. There is a need to clarify the division of powers, increase state autonomy, and strengthen cooperative institutions across governments. With commitment, federalism can be a solution to Nigeria’s political problems.