Chapter 7

Chapter 7: Restructuring the Federation: Devolution of Power as a Catalyst for Accountable Governance

Introduction: Restructuring Nigeria, a recurring theme in the nation's political discourse, has evolved from a fringe demand to a mainstream necessity. At its core lies the imperative for a more equitable and efficient distribution of power and resources between the federal government and the constituent states. This chapter argues that a carefully implemented devolution of power, tailored to Nigeria's unique context, can serve as a potent catalyst for accountable governance, fostering transparency, responsiveness, and ultimately, a more prosperous and stable nation. The current over-centralization of authority has demonstrably hindered local development, stifled innovation, and exacerbated ethnic and regional tensions. By examining the historical roots of Nigeria's federal structure, analyzing the existing power dynamics, and exploring potential models for devolution, this chapter aims to provide a comprehensive roadmap for restructuring the federation in a way that strengthens both national unity and subnational autonomy.

The Historical Context of Nigerian Federalism: A Legacy of Centralization

Nigeria's federal structure, inherited from British colonial rule, has been consistently undermined by successive military regimes and post-colonial administrations. What began as a relatively decentralized system in the pre-independence era gradually morphed into an excessively centralized one, concentrating power and resources at the federal level.

The Pre-Independence Era: Seeds of Regionalism

Prior to independence in 1960, Nigeria operated under a quasi-federal system that recognized the distinct identities and aspirations of its constituent regions – Northern, Eastern, and Western. The 1954 Lyttelton Constitution formalized this regional structure, granting significant autonomy to each region in areas such as education, agriculture, and local administration. Resource control, particularly in the nascent oil sector, was also largely vested in the regions where these resources were located. This period, while marked by its own set of challenges, fostered a sense of regional ownership and accountability. Regions competed, albeit sometimes fiercely, in terms of development and attracted investment. For instance, the Western Region's pioneering efforts in education, exemplified by the introduction of free primary education in 1955, demonstrated the potential of regional autonomy to drive progress.

However, this regional structure also had its drawbacks. The regions were unevenly matched in terms of size and resources, leading to imbalances in power and economic opportunities. The Northern Region, by far the largest in terms of landmass and population, often dominated national politics, fueling resentment and suspicion among the other regions. These regional rivalries ultimately contributed to the political instability that plagued Nigeria in the years leading up to the civil war.

The Military Interventions: The Rise of Centralized Control

The series of military coups that began in 1966 fundamentally altered the trajectory of Nigerian federalism. Military regimes, by their very nature, tend to be highly centralized, and Nigeria was no exception. Successive military administrations systematically dismantled the existing regional structure, replacing it with a unitary command system. The creation of states, ostensibly to address the grievances of minority ethnic groups, was often carried out without adequate consultation or planning, further consolidating power at the center.

The petroleum boom of the 1970s further exacerbated this trend. As oil revenues became the dominant source of government income, the federal government assumed increasing control over resource allocation, effectively marginalizing the states. The introduction of revenue allocation formulas that favored the federal government over the states further cemented this imbalance. This centralization of resources and power created a culture of dependency, where states became reliant on federal allocations for their survival, rather than developing their own internal revenue-generating capacity.

Post-Military Rule: A Façade of Federalism

The return to civilian rule in 1999 brought renewed hope for a more balanced federal structure. However, the legacy of military rule continued to cast a long shadow. The 1999 Constitution, while nominally federal, retained many of the centralized features of its military-era predecessors. The federal government continued to exercise extensive control over key sectors such as security, education, and resource management, leaving states with limited autonomy and resources.

The continued reliance on oil revenues as the primary source of government income also perpetuated the culture of dependency and rent-seeking. States remained largely dependent on federal allocations, with little incentive to develop their own economies or improve their governance. The lack of accountability and transparency in the management of public funds further undermined the effectiveness of government at all levels.

The Case for Devolution: Unlocking Nigeria's Potential

The current over-centralized system has demonstrably failed to deliver effective governance and sustainable development in Nigeria. Devolution of power, defined as the transfer of authority and responsibility from the federal government to the states, offers a viable pathway to address these challenges.

Promoting Accountable Governance

Devolution can significantly enhance accountability by bringing government closer to the people. When states have greater control over their own affairs, they are more likely to be responsive to the needs and priorities of their citizens. Local officials are more accessible and accountable to their constituents, and citizens have a greater opportunity to participate in decision-making processes.

For example, if states were responsible for managing their own education systems, they would be more likely to tailor curricula and teaching methods to the specific needs of their local communities. They would also be more accountable for the performance of their schools and the quality of education provided to their students. Similarly, if states were responsible for managing their own healthcare systems, they would be more likely to prioritize the health needs of their populations and ensure that resources are allocated efficiently and effectively.

Furthermore, devolution can foster greater transparency in government. When states have control over their own resources, they are more likely to be transparent in their management of those resources. Citizens can more easily monitor how public funds are being spent and hold their elected officials accountable for their actions.

Fostering Economic Diversification and Development

The over-reliance on oil revenues has stifled economic diversification and development in Nigeria. Devolution can help to address this problem by empowering states to develop their own economies and generate their own revenue. When states have greater control over their natural resources, they are more likely to invest in developing those resources sustainably and creating jobs for their citizens. They are also more likely to diversify their economies and reduce their dependence on oil.

For instance, states with abundant agricultural resources could invest in developing their agricultural sectors, creating jobs for farmers and increasing food production. States with tourism potential could invest in developing their tourism industries, attracting visitors and generating revenue. States with mineral resources could invest in developing their mining sectors, creating jobs and generating revenue.

The success of states like Lagos, which has significantly increased its internally generated revenue (IGR) through innovative tax collection and investment in infrastructure, demonstrates the potential of states to become economically self-sufficient. According to the National Bureau of Statistics, Lagos State generates more IGR than all the other 35 states combined. This is largely due to its diversified economy, strategic location, and effective governance.

Reducing Ethnic and Regional Tensions

The concentration of power and resources at the federal level has exacerbated ethnic and regional tensions in Nigeria. Devolution can help to reduce these tensions by giving states greater control over their own affairs and allowing them to address the specific needs and concerns of their populations. When states feel that they have a fair share of power and resources, they are less likely to feel marginalized or discriminated against.

Furthermore, devolution can promote greater cooperation and collaboration among states. When states have shared interests and responsibilities, they are more likely to work together to address common challenges. This can lead to greater national unity and cohesion.

However, it is important to note that devolution alone is not a panacea for ethnic and regional tensions. It must be accompanied by other measures, such as promoting inclusive governance, ensuring equal access to opportunities, and addressing historical grievances.

Strengthening National Unity

Paradoxically, devolution can actually strengthen national unity by creating a more equitable and sustainable federation. When states feel that they are being treated fairly and that their voices are being heard, they are more likely to be committed to the Nigerian project. A strong federation is one in which the constituent states are empowered to thrive and contribute to the overall prosperity of the nation.

"True federalism is not about weakening the center; it is about strengthening the entire system by empowering the constituent units to realize their full potential." - Attributed to several Nigerian constitutional scholars.

Models for Devolution: Adapting to Nigeria's Unique Context

There is no one-size-fits-all model for devolution. The specific form that devolution takes in Nigeria must be tailored to the country's unique context, taking into account its history, culture, and political realities.

Fiscal Federalism: Redefining Revenue Allocation

A key aspect of devolution is fiscal federalism, which concerns the allocation of financial resources between the federal and state governments. The current revenue allocation formula, which heavily favors the federal government, needs to be reviewed and revised to ensure a more equitable distribution of resources.

One option is to adopt a formula that gives greater weight to derivation, meaning that states receive a larger share of the revenue generated from resources within their borders. This would incentivize states to develop their resources sustainably and create jobs for their citizens. It would also address the long-standing grievances of resource-rich states that feel they have not benefited adequately from the exploitation of their resources.

Another option is to create a special fund for states that are facing particular challenges, such as poverty, insecurity, or environmental degradation. This fund could be financed by contributions from the federal government and other states, and it could be used to support projects that address these challenges.

However, any changes to the revenue allocation formula must be carefully considered to ensure that they do not create new imbalances or exacerbate existing inequalities. It is also important to ensure that states are accountable for the use of the funds they receive.

Concurrent Powers: Clarifying Responsibilities

The 1999 Constitution contains a list of concurrent powers, which are powers that are shared between the federal and state governments. However, the division of responsibilities between the two levels of government is often unclear, leading to conflicts and inefficiencies.

Devolution can help to clarify these responsibilities by assigning specific powers to either the federal or state governments. For example, the federal government could retain responsibility for defense, foreign affairs, and monetary policy, while the states could be given responsibility for education, healthcare, and local government administration.

It is important to ensure that the division of powers is based on sound principles, such as subsidiarity, which holds that decisions should be made at the lowest possible level of government. It is also important to ensure that states have the capacity to exercise the powers that are devolved to them.

State Police: Addressing Security Challenges

The issue of state police has been a contentious one in Nigeria. Proponents argue that state police forces would be more effective in addressing local security challenges, as they would be more familiar with the local terrain and culture. They also argue that state police forces would be more accountable to the local population.

Opponents, on the other hand, fear that state police forces could be used to harass political opponents or to discriminate against minority groups. They also argue that state police forces could be less well-trained and equipped than the federal police force.

The creation of state police forces is a complex issue that requires careful consideration. It is important to ensure that state police forces are properly trained, equipped, and accountable. It is also important to ensure that they are subject to independent oversight and that they respect human rights.

A phased approach to the establishment of state police forces may be the most prudent course of action. This could involve starting with a pilot program in a few states and gradually expanding it to other states as the capacity and effectiveness of the state police forces are demonstrated.

Constitutional Amendments: The Legal Framework

Implementing devolution requires amendments to the 1999 Constitution. These amendments must be carefully drafted to ensure that they are consistent with the principles of federalism and that they do not create unintended consequences.

The process of amending the Constitution is a complex one, requiring the support of two-thirds of the members of the National Assembly and two-thirds of the state legislatures. This makes it difficult to achieve constitutional reform, particularly on sensitive issues such as devolution.

However, the need for constitutional reform is undeniable. The 1999 Constitution is widely regarded as being flawed and inadequate for the needs of a modern Nigeria. It is essential that the National Assembly and the state legislatures work together to address these flaws and to create a constitution that is fit for purpose.

Case Studies: Learning from Global Experiences

While Nigeria's context is unique, there are valuable lessons to be learned from the experiences of other countries that have successfully implemented devolution.

India: Decentralization and Local Governance

India has a long history of decentralization, with a strong emphasis on local governance. The 73rd and 74th Constitutional Amendments, passed in 1992, devolved significant powers and responsibilities to local government bodies, known as Panchayats and Municipalities. These bodies are responsible for a wide range of functions, including education, healthcare, sanitation, and rural development.

The Indian experience demonstrates that decentralization can be an effective way to improve governance and service delivery at the local level. However, it also highlights the importance of providing local government bodies with adequate resources and capacity to carry out their responsibilities.

South Africa: Cooperative Governance and Intergovernmental Relations

South Africa's constitution emphasizes cooperative governance and intergovernmental relations. The three spheres of government – national, provincial, and local – are required to cooperate with each other and to coordinate their activities. This is facilitated by a system of intergovernmental forums and structures, which provide a platform for dialogue and collaboration.

The South African experience demonstrates that effective intergovernmental relations are essential for successful devolution. It also highlights the importance of ensuring that all spheres of government have the capacity to participate effectively in intergovernmental processes.

Ethiopia: Ethnic Federalism and Regional Autonomy

Ethiopia's constitution establishes an ethnic federal system, with regions defined along ethnic lines. Each region has significant autonomy over its own affairs, including the right to self-determination.

The Ethiopian experience demonstrates that ethnic federalism can be a way to accommodate diversity and to address historical grievances. However, it also highlights the potential for ethnic tensions and conflicts. It is important to ensure that ethnic federalism is accompanied by measures to promote national unity and to protect the rights of minority groups.

Challenges and Obstacles: Navigating the Path to Devolution

Implementing devolution in Nigeria will not be without its challenges. There are a number of obstacles that must be overcome in order to achieve meaningful reform.

Resistance from vested interests

There will inevitably be resistance from vested interests who benefit from the current centralized system. These include politicians, bureaucrats, and business leaders who have a stake in maintaining the status quo.

Overcoming this resistance will require strong political will and a broad coalition of support from civil society, the media, and the general public. It will also require a clear and compelling narrative that highlights the benefits of devolution for all Nigerians.

Capacity constraints

Many states lack the capacity to effectively exercise the powers that would be devolved to them. This includes a lack of skilled personnel, adequate infrastructure, and effective governance structures.

Addressing these capacity constraints will require significant investment in education, training, and institutional development. It will also require a commitment to good governance and accountability.

Ethnic and regional tensions

As noted earlier, ethnic and regional tensions can be exacerbated by devolution if it is not carefully managed. It is important to ensure that devolution is accompanied by measures to promote national unity and to protect the rights of minority groups.

This includes promoting inclusive governance, ensuring equal access to opportunities, and addressing historical grievances. It also includes fostering a sense of shared identity and belonging among all Nigerians.

Corruption and lack of accountability

Corruption and a lack of accountability are endemic problems in Nigeria. Devolution can exacerbate these problems if it is not accompanied by measures to strengthen governance and accountability.

This includes strengthening anti-corruption institutions, promoting transparency in government, and empowering citizens to hold their elected officials accountable. It also includes fostering a culture of integrity and ethical behavior in public service.

Recommendations: A Roadmap for Restructuring

Based on the analysis presented in this chapter, the following recommendations are offered as a roadmap for restructuring the Nigerian federation:

1. Initiate a comprehensive constitutional review: The 1999 Constitution should be thoroughly reviewed and amended to reflect the principles of true federalism and devolution of power. This review should be conducted in a participatory and inclusive manner, involving all stakeholders.
2. Revise the revenue allocation formula: The current revenue allocation formula should be revised to give greater weight to derivation and to ensure a more equitable distribution of resources among the federal and state governments.
3. Clarify the division of powers: The division of powers between the federal and state governments should be clarified, with specific powers assigned to either the federal or state governments based on the principle of subsidiarity.
4. Establish state police forces: State police forces should be established, subject to appropriate safeguards and oversight mechanisms. A phased approach to the establishment of state police forces may be the most prudent course of action.
5. Strengthen local government administration: Local government administration should be strengthened to ensure that it is able to effectively deliver services to the local population.
6. Promote good governance and accountability: Measures should be taken to promote good governance and accountability at all levels of government, including strengthening anti-corruption institutions, promoting transparency in government, and empowering citizens to hold their elected officials accountable.
7. Invest in capacity building: Significant investment should be made in education, training, and institutional development to ensure that states have the capacity to effectively exercise the powers that are devolved to them.
8. Foster national unity and cohesion: Measures should be taken to foster national unity and cohesion, including promoting inclusive governance, ensuring equal access to opportunities, and addressing historical grievances.

Conclusion: Restructuring the Nigerian federation through the devolution of power is not merely a political exercise; it is an imperative for the nation's survival and progress. By empowering states to take greater control of their own affairs, we can unlock Nigeria's vast potential, foster accountable governance, and create a more prosperous and stable nation for all. The challenges are significant, but the rewards are even greater. A carefully implemented and well-managed devolution process, tailored to Nigeria's unique context, can serve as a catalyst for a more just, equitable, and united Nigeria. The time to act is now. The future of Nigeria depends on it.