FRANK UKONGA LECTURE 17: FEDERATING UNITS OF NIGERIA: STATES VS LOCAL
GOVERNMENT AREAS AND OTHER MATTERS: NIGERIA CONSTITUTIONAL REVIEW:
The Nigerian constitutional review exercise is generating controversies
and it is commendable that it 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.
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 774 Local Government
Federating units and most of the powers of the state Governors will
inadvertently be transferred 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 774 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
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 774 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 774 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 Governor of the Central Bank of Nigeria 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 were 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.
8.
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 7TH REPUBLIC: In August 2012 when
officials from Osun State of Nigeria visited the Secretary to the Government of
the 7th 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.
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 20 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
Governorship Candidate 2012 Edo Polls
