H.E Prince frank ukonga -National Chairman of Democratic Alternative Party- speaking to the Media

Frank Ukonga Lecture 80: The Nigerian Project :Drum Beats of Biafra, Boko Haram Wars,& the imperatives of True Federalism as panacea to novae Re-structuring: Focus on Federating Units,Devolution of powers and State Police: FG vs States vs LGA & Other Matters Arising

The Reason de entree of the Nigerian Nation state as a sovereignty and its sustainability, popularly described as the Nigerian Project is capturing the focus of public interest both at home and in the near and far abroad of the Nigerian sovereignty and these vexations demand some critical analysis addressed to evolve a functional panacea to the new challenges of inter ethnic relations as well as suggest ways to resolve the constitutional crises that emasculated as the remote progenitor of myriads of questions snowballing into this quagmire. 

Secondly the options of True Federalism in constitutional provision and its applications and implementation may perhaps be the only feasible options among the various alternatives clamour options of restructuring the Nigeria political landscape and polit economy... and inter alias it would be pertinent to observe that it is also the lack of implementation of the tenets of True federalism as provided for by the constitution that has led Nigeria to this quagmire and perhaps a step back to  the path of true federalism may be the genuine panacea that would be effective and least costly alternative that would bring lasting peace, Economic, industrial progress to all and sundry in the polity...and in this context we must call to  question the effectiveness of the federating units as the basis for true federalism and to espouse on the various options of federating units and their conflicting frontier that is the remote progenitor of the present challenges.

In the Freudian sense re examining the ethnic relations of the coligation of a sovereignty is a healthy exercise but nevertheless it should and must be done within the ambit of civility as in Town Hall meetings, Truth commissions, constitutional review exercise, National conferences and sovereign National conferences and the discuss must not be allowed to be high jacked by self seeking opportunist,who may have other diabolical sinister interests  and hidden agendas in collaboration with alien sponsors...so the only path to greatness is the spirit of decorum and eternal vigilance...

 Nevertheless these discuss is re awakening the polity to invigorate various ingenious concepts addressed to the renaissance of the third largest democracy in the entire world, to play a leading role in the emerging global village concept.

FEDERATING UNITS: The issue of Federating units is a very vital question and fundamental in the governing structures of any polity that we must review with serious scientific approach, otherwise it may lead to braking up the Nigerian Federation or perhaps slow down the pace of service delivery, aid corruption and subsequent break up of the polity if the wrong approach is adopted constitutionally.

 THE SENATE VS GOVERNORS: The Senate has suggested making the Local Government Structure the basis of Federation units in the polity which will translate to 776 Local Government Federating units and most of the powers of the state Governors will inadvertently be transferred through devolution of powers to the Local Governments Chairmen. The State Governors are at daggers drawn with the Senate as the State Governments are the current Federating units of 36 States federating units with Executive Powers.

THE ROLE OF LOCAL GOVERNMENTS IN NIGERIA: The issue of the role of the Local Governments that has lost their relevance in the schemes of things of the 3 tier system of governance of the Nigerian federation is crucial. How to re awaken the Local Governments and make them more relevant in the aspects of service delivery, importance and strengthening them to play a pivotal role in the schemes of things is the question. Many will agree that in recent times the Local Governments has lost its status to the State Governments structures as the Governors of the states appears to exercise control over the Local Governments in the context of control of financial statutory allocations to the Local Governments, the leadership of the Local Governments and conducting elections to chose the chairmen of Local Governments all seems to be under the control of the Governors and state structures. Where by it has become real the importance of the independence of the Local Government has been swallowed by the State Governors, while the Local Government structure is pushed into irrelevance in the schemes of things by the Governors of States; most of whom take full and absolute control of the Local government account, statutory allocations, taxes, counterpart funding, elections, and every thing about Local Government as if they had absolute constitutional control over the Local Governments.

 THE ROLE OF GOVERNORS: And as the saying goes that absolute powers corrupt absolutely, that phenomenon has manifested in the Nigerian case study were the governors dissolves the elected Local Government leadership and take over all the 776 local governments in the federation, take over their financial allocations, taxes, counterpart funding and refuse to conduct Local Government elections, but instead ruling the Local Governments with appointed administrators , most of whom are party loyalist and their friends and relations turning the entire process of Local government into irrelevance in the schemes of things. Little wonder therefore is the portable contributions of the Local governments’ structure to the advancement and development of the polity, acute corruption and trivialization of local Governing concept.

This usurpation of the duties, powers, finances and functions of the Local Governments by the state governors goes contrary to constitutional setting of the three tier of governance structure and the relevance of each structure. It is like saying for example that the federal Government should usurp the powers of the state governors and makes the governors increasing irrelevant in the schemes of things. Nigerians and peoples of goodwill the world over will not like that concept were the FG usurps the powers , finances and functions of the state governors, it becomes consequential that the state governor usurping the duties, rights , functions and finances of the Local Government Chairmen is dialectically and historically wrong and constitutionally an aberration and that something quick and strong must be done to strengthen the Local Governments to it proper constitutional status were it can adequately wake up to the responsibilities of service delivery to the electorate.

Strengthening the Local Governments must take into account the following observations;

1.       LOCAL GOVERNMENT ACCOUNTS: The separation of the state government account from the Local government account. The joint account system of the Nigerian Federation between the states and Local Government was done to put a kind of tacit control over the local government in the context of corruption and mismanagement by some erring local government chairmen but the governors who ware in charge as a check and balance concept, have usurped these local government funds and use the funds at their own whims and caprices. So it becomes imperative to give financial autonomy to the Local Governments and each local government Chairman will be held responsible by the EFCC and other anti corruption agencies in the case of looting and miss management. This will re awaken local government chairmen to their responsibilities and make the post more attractive and important to the federation as a developmental unit.

2.       LOCAL GOVERNMENT ELECTIONS: The dates of the terms of office of Local Government Chairmen ad their elected governing council and councilors be clearly spelt out and the new dates for another election be adhired to strictly. As soon as one term expires the Federal Government will cease to pay allocation to that local Government until another elected chairman take over office. This carrot and stick diplomacy will set new anxieties in the system that will encourage the Governors to conduct Local Government elections as at when due.

3.       DISSOLUTION OF LOCAL GOVERNMENT GOVERNING COUNCIL AND APPOINTMENT OF ADMINISTRATORS: State governors are to be banned from dissolving the elected Local Governments Executives and appointing new unelected Administrators for Local Governments. The issue here is that a serving elected Local Government Executive will continue to serve in that capacity until when an election is conducted and another Local Government Chairman emerges. On no condition must the State Governors be allowed in the new constitution to dissolve the duly elected members of the Local Government and replace them with appointed unelected Administrators. These far reaching powers given to the state Governors corrupted the systems of the Local Governing council concept of the Nigerian Federalism. It is fundamentally, dialectically and historically an insult to intelligence that a duly elected Local Government Council will be dissolved by a serving Governor and appoint in their place his friends, cronies, buddies and relations to loot the Local Government treasuries dry..

4.       THE FUNDAMENTAL QUESTION: ARE LOCAL GOVERNMENTS UNDER THE CONTROL OF STATE GOVERNORS OR INDEPENDENT DEVELOPMENTAL CENTRES OF THE NIGERIAN FEDERATION: Local

o Governments under the constitution are the grass root governing platform addressed to be closer to the people and as developmental centres with statutory functions to develop the various small units of which the Nigerian Federation has been divided into 776 units for the purpose of reaching out to the majority of the peoples of Nigeria. The Local Government have a Chief Executive Officer in person of the Local Government Chairman who is the Chief Security officer of the Local Government and also have his Supervisory councilors that play the role of Commissioners as in State level or Minister as in the Federal level. He also have a Legislative arm with Coate of Arm, elected Speaker and councilors that presides over his budget and the day to day running of the Local Government including formulating policies and passing bills for the purpose of developing the Local Government Council. So invariably the Local Government is a federating unit where everything that the Federal and state structures has is duplicated and replicated on the grass root level. The fundamental question of whether the Local Government is under the state Government in the aspect of control will cease to exist if the Local Governments through the association of Local Government Councils ALGON, seeks a legal clarification in the Supreme court for the purpose of putting the record straight and gaining autonomy. But from philosophical point of view I think the Local Government is independent of the state government, but should function in partnership with the state Governments. The degree of cooperation and subordination is what is at variance and the crucial aspect of the vexing issues.

5.       LOCAL GOVERNMENT AS FEDERATING UNITS: From the above it becomes belated and unnecessary to ask the question whether Local Governments are Federating units as it is obvious as truth self evident that they are the 3ed tier of Federating units of the Nigerian federation and this should be clearly spelt out in the constitutional amendment.

6.       THE LOCAL GOVERNMENT, STATE GOVERNMENT, FEDERAL GOVERNMENT AS FEDERATING UNITS:  The wisdom of those who drafted the constitution of the 1999 is to present a concentric Abellian mutually independent but collegiate structure of supportive subordination as an ingenious structure to develop the Nigerian Federation. Which presents an ingenious formula of function of set theory, in Boolean algebra, a super structure that will intercept in cooperation, yet independent variables, with functions and duties and limitations of each layer of governing structure spelt out. So in this context the 1999 constitution in philosophical perception have spelt out 776 mutually colligating Federating Units of grass root Local Government structure, 36 states Government of middle level colligating federating Units and the Federal Government plus the Federal Capital Territory as another auxiliary colligating unite all in the beautiful fashion of collegiate system. This is the philosophical analysis of the governing structure of the Nigerian Federation as it pertains to the 1999 constitution which indeed, is a very beautiful system.

7.       STATE GOVERNOR’S USURPATION OF LOCAL GOVERNMENT POWERS AND FUNCTIONS: OBSERVATIONS OF SANUSI LAMIDO: The former Governor of the Central Bank of Nigeria now Emir of Kano ,HRH Malam Sanusi Lamido has expressed gross pains in the life style of serving Governors of the Nigerian Federation and the enormous powers under their control; and perhaps their spending habits. This is a clear indication that because of the enormous resources at the control of the State Governors and the numerous constitutional loopholes they can indulge in pretending to be Chief Executives Officers of Countries and perhaps be able to back their activities as Countries up with de jure, de facto premises of philosophical argumentum. In the first place they have rights to source for funds any Where in the world to develop their States, they can raise bonds, take loans, they have rights to attract FDI, rights to market their states locally and internationally, rights to open up embassies and Mission Houses anywhere in the world, rights to own banks, airlines, trains and roads, stadiums and everything a Country can own. They have rights to own their flags, their coate of arm, state Emblems etc. The courts and prisons are under them while the Federal Government pays the bill; they have rights to enter into bilateral relationship with other Countries of the world with de jure recognition etc. In fact they are Countries in the true philosophical sense of it. So the structure on the ground as at today is somewhat like 36 countries in a superstructure of a moderating Federal Government. Little wonder State governments are usurping the powers and duties of the Local Governments to arm twist the system and constitution to permanently put the Local Government under their control.

CREATION OF STATES:The creation of 36 states out of the four Regions does not reflect true federalism as when viewed per square kilometer as Edo state for example is 16,000 square kilometer in size while the entire 5 states of Anambra, Ebonyi,Imo,Enugu, and Abia is just about the size of Edo state put together...and same for Lagos , Ogun, Osun, Ekiti states put together to equal Edo state...so in the dysfunctional method of state creation not reflecting true federation ,development would be skewed in favor of that region that has more states than those with lesser in the context of size.

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  CREATION OF LOCAL GOVERNMENTS; In the past the state governments have attempted to creating development centres in addition to the statutory created local governments of the Federal structures for the purpose of reaching out to disadvantage areas in the context of Local Government creation and this was acceptable. But later the state government moved to begin to create and govern Local government with de facto de jure recognition as in the case of Lagos State that has created 56 Local Governments from the 20 Legal Federal Local Governments and conducts elections into this structure with de facto, de jure recognition for the past 10 years of our democratic dispensations. Other state have began to copy this anomaly. It will be proper for the Federal Government in this new dispensation of constitutional amendment to address this issue properly as some states posit a dysfunctional Local Government creation system by the preceding governments in favor of some areas of the Federation, were some states have as much as 44 Local Governments with perhaps the same population with Lagos state that is given 20 Local Governments officially. So it became a reactionary phenomenology from some states that are tenaciously out to correct these anomalies. Rationalism and philosophy will justify their impudence though reactionary. In this context the Senate has to go back to the drawing board and frame out new standards for equitable distributions of Local Governments and resource allocations as the present order marginalize a lot of states and peoples of the federating units. But in a three Tier governing structure of federating collegiate units, it is not the duty of the State Government to unilaterally create Local Governments and conduct elections into the offices, philosophically, as it will be usurping the rights and sovereignty of the existing Federal Government.

9.       OSUN STATE OF NIGERIA VS STATE OF OSUN: NOTATIONS OF PIUS AYIM- SECRETARY TO THE FEDERAL GOVERNMENT OF THE 7^TH REPUBLIC: In August 2012 when officials from Osun State of Nigeria visited the Secretary to the Government of the 7^th Republic Dr Pius Ayim, He chided the Osun state official about the alteration in the status of Osun state to the new status of STATE OF OSUN. Here it may appear simplistic to the uninitiated minds but to the esoteric minds it is an invitation to tacit secession which the erudite secretary cautioned the officials about. Here it is a direct pointer that the Osun state by changing its name to State of Osun declares its own tacit independence and sovereignty in philosophical argumentum. And this new constitutional status passed by the Osun State House of Assembly is a direct secessionist bid and with this new status THE STATE OF OSUN can now exercise prerogatives above any other sovereignty or at pall, with de facto, de jure instances of governance. In this context the new State of Osun can function as a Country with de facto, de jure recognitions. The new State of Osun can create its Local Governments Areas, can take full responsibilities for its security by floating a parallel security initiative to that of the Federal Police structure, can have its defense initiatives, can have its Customs unit, Immigration force, own fleets of Aircraft for the state Chief Executive officer, own its flag, coate of arm, Seals, can even prints its money… can have Embassies round the entire world , can borrow, lend, raise developmental finance from any where in the world and can make the Federal structure as irrelevant to them in the schemes of things as they want… this potent great dangers to the mutuality of collegiate 3 Tier of governance structures and the constitutional amendment must as a matter of urgency address this issues.

10.   GOVERNOR’S FORUM “GOVERNMENT” AS A PARALLEL “GOVERNMENT” TO THE FEDERAL GOVERNMENT: The emergence of the Governors Forum is one of the greatest invention in the aspect of Governance in the Nigerian Federation addressed to bring all Governors together to compare notes and rob minds together, enter in cooperation among each other and move the Nigerian Republic to higher rectitude of social economic and industrial glories. But then it must be emphasized that esoteric minds and philosophy of dialectics and intellectioning; that it is a parallel floating of another alternate government in the schemes of things of the Nigerian Federation.

The Federation is governed by the Federal Executive Council of which most of the members are drowned from the Governors and for the Governors to regroup and discuss issues of states and Nation and its sovereignty and make decision binding on them as a collective; on whom the Federal structure relies upon in carrying out its own functions , then another master has emerged in the person of the Chairman of the Governor Forum, who in this instance can weld as much powers de facto, de jure as the Chief Executive of the Nigeria Federation. I must stop at this juncture as probing further the full philosophical and dialectical implications of this will corrupt intelligence.

OTHER POSSIBLE FEDERATION UNITS THAT CAN BE EMPOWERED AND ADOPTED:

THE LEGISLATIVE FEDERATING UNITS VS THE EXECUTIVE FEDERATING UNITS: The Legislative federating units can come up strong under a very ambitious Senate President and could make a great difference in competing and legitimizing itself as the basis for the governing units over a Republic as it happened in the days of Roman Empire of Senator Cicero usurping executive powers from the Roman Chief Executives of Octavus Ceazer and many others and establishing Senatorial Governing units as the basis of governance for Roman Chief Executive Officers. Among all Nigerian Senators, one of the most distinguished of them in the class of Roman Senator Cicero was Senator Dr Chuba Okadigbo. And it is only Senators of his genius intellectualism that has the philosophical prowess to achieving the above definitions in the bulk of the African continent. I must not duel on this aspects as well,; in what esoteric wisdom defines as the  “game without rules…” we must not corrupt the intelligence of mortal men of subsequent creation.

THE REGIONS OR ZONES AS FEDERATING UNITS: Another ingenious aspect of evolving functional federating units is to consider the past as in the former system were the 4 Regions of the Nigerian Federation were the federating units. A number of political parties have expressed preference for this backward integration in the aspect of radical restructuring of the federation and it can be given a close overview by those involved in the constitutional review exercise.

Or on the contrary adopt the six Zonal structures as the basis of federating units which it has lots of pros and cons.

STATE POLICE: No matter the gains that would come to crime detection, and prevention the issue of allowing the governors to own their Police force constitutionally must be viewed with critical suspicion as it will be most likely be miss used by the various governors who would turn into another nightmare and Goliath on the massess and opposition... so it would become counter productive as creating State police would do more harm to the collective unity, peace and inter ethnic relations and would endanger the dream of the Nigerian Project.

CONCLUSION AND WARNING: Many peoples have expressed that the present constitution is a fairly great document that if well nurtured can take Nigeria to the Promised Land. Therefore before we thinker with the constitution we must take great caution as the wrong amendment may lead to the brake up of the Nigerian Federation. The Break up of the former Soviet Union one of the greatest Nations on earth was due to constitutional amendment that gave more powers to the colligating Republics. And today many people the world over agree that the brake up of the Soviet Union was the greatest tragedy and catastrophe of the 20th century. Nigeria share multi national similarities with the former Soviet Union. Virtually all the brake away Republics of the former Soviet Union are regretting it today as their importance in the schemes of world political economy, sports, culture etc has been reduced to nonentity irrelevance in the dynamic schemes of world politicking and glories. As history repeats itself we must be extremely careful before we thinker with the present constitution. If we cannot make it a better document then it is best to leave it as it is.

LONG LIVE FEDERAL REPUBLIC OF NIGERIA.

Prince Frank Onaivi Ukonga

National Chairman of Democratic Alternative Party.=DA