Nigeria

1
Nigerias Federal Experience
Réèpúblikk NaìjírìàRepublik Nijeriya???????
???????Republic nde NaigeriaRepublik Federaal
bu Niiseriya Federal Republic of Nigeria

• Selected issues

2
Outline

• Introductory remarks
• Selected issues
• States and local governments in the Federal
  Republic of Nigeria
• Unity and diversity
• Sharing power at the center
• Distribution of powers between the two orders of
  government
• Oil and gas in the context of fiscal federalism
• Concluding thoughts

3
Introductory remarks
4
Nigeria and Iraq A brief comparison

• Nigeria

• Iraq

• British colonial history
• Troubled post-independence political history
• Rich in oil and gas
• Ethnically, religiously, culturally,
  geographically diverse
• Experienced a war of secession and episodes of
  civil war

• British colonial history
• Troubled post-independence political history
• Rich in oil and gas
• Ethnically, religiously, culturally,
  geographically diverse
• Experienced an insurgency, inter-state conflicts
  and wide-scale internal violence

5
Why and how the logic of Nigerian federalism

• Three rival pluralities the plurality of
  economic and geographic regions, the plurality of
  ethnic nationalities, and the plurality of
  colonial administrative traditions.
• A big country ... 913,072 square kilometres
• With many ethnic groups
• Three major groups Hausa-Fulani, Igbo, Yoruba
• A myriad minority ethnic groups
• And a history of separate colonial
  administrations
• The Lagos colony
• A Crown colony with a legislative council and an
  English judicial system
• The Colony and Protectorate of Southern Nigeria
• Foreign relations managed by the British local
  administration in charge of maintaining law and
  order
• The Protectorate of Northern Nigeria
• Indirect rule, grooming of extremely conservative
  traditional rulers
• Which fostered rivalries between the various
  regions

6
Willink Minorities Commission Map (1957-1958)
7
Nigeria under British administration
8
Why and how the logic of Nigerian federalism (2)

• At independence, Nigeria was a federation of
  three member-states.
• The Nigerian federation is multinational or
  multiethnic.
• Nigeria's extensive geographic size has usually
  been cited as an important factor for
  understanding the making of Nigerian federalism.
• But ... at no point in the evolution of the
  country has Nigeria been a federation of natural,
  geographic, economic regions.

9
Major ethnolinguistic groups in Nigeria
10
States and local governments

• An experiment in fragmentation

11
Regions and governorates

• The constituent units have not been delimited as
  national or ethnic states
• Successive military leaderships have taken
  liberties in redrawing the boundaries of the
  states
• From three to thirty-six
• The logic of fragmentation
• A means to access national appointments, fiscal
  and other resources
• A way of rewarding local officers by creating
  public offices
• The negative impact of regionalisation
• The increase in ethnic consciousness
• The lack of popular consultation

12
Ethnic group and state boundaries
13
Three regions (1954-1963)
14
A fourth region (1963-1967)
15
Twelve States (1967-1987)
16
Twenty-one states (1987-1991)
17
Thirty states (1991-1996)
18
The 36 states of Nigeria (1996-)
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Putting an end to Nigerian fragmentation?

• Constitutional provisions on the creation of new
  states (Art. 8-1)
• A request put to the National Assembly and
  supported by at least 2/3 majority members in
• Senate, House of Representatives
• House of Assembly and Local Government Councils
  of the area
• Approved in a referendum by at least 2/3 majority
  of people in the area
• The result of the referendum to be approved by
  simple majority of
• All States of the Federation, and
• Members of the Houses of Assembly
• The proposal is approved by a resolution passed
  by 2/3 majority of members of each House of the
  National Assembly
• Constitutional provisions on the redrawing of
  boundaries
• A request put to the National Assembly is
  supported by 2/3 majority of members representing
  the area demanding and the area affected in
• The Senate and the House of Representatives
• The House of Assembly and the local government
  councils of the ara
• The proposal for boundary adjustment is approved
  by a simple majority of
• Each House of teh National Assembly
• Members of the House of Assembly in respect of
  the area concerned

20
Unity and Diversity
21
A task that must be done

• The Biafra war
• In Nigerian politics, political engineering along
  rigid ethnic-national lines is regarded with
  great suspicion.
• 1999 Constitution Chapter 1 - Article 2(1)
• Nigeria is one indivisible and indissoluble
  sovereign state to be known by the name of the
  Federal Republic of Nigeria.

22
Language policies

• English has been maintained as the countrys
  official language
• The constitutions of 1979 and 1989 provide for
  the development and diffusion of the three major
  indigenous languages
• Federal government decision at the turn of the
  1990s to adopt mother-tongue education in 27
  languages

23
Sharing power at the center

• The impact of military rule

24
Phases in Nigerias Federal Practice Phase Type
of Federal Comment Government
Practice 19541966 Colonial/civilian Strong
Functioned fully despite
imperfections 19661979 Military Weak
Over-centralization of Public
Policies 19791983 Civil Rule Weak
Imitation of Unitarist tendencies of the
military 19831998 Military Very weak
Over-centralization of Public
Policies 1999 Civil Rule Strong Slow in
adjusting to democratic practice Source
Osita Agbu, Reinventing Federalism, in
Post-Transition Nigeria Problems and Prospects
Africa Development, 29, no. 2 (2004) 26-52.
Updated from Peter P. Ekeh (1997), Wilberforce
Conference on Nigerian Federalism, New York,
Association of Nigerian Scholars for Dialogue.
25
The impact of military rule

• Centralisation of powers in the hands of the
  Federal executive (coup leaders turned rulers) as
  illustrated by problems in the areas of
• Monopoly of state power
• State creation
• Revenue allocation
• Federal character
• Nevertheless, already in 1967, the Federal
  Military Government of Nigeria acknowledged that
• the failure of the Nigerian constitution at
  independence in 1960 to recognize the strong
  desires of the minorities and other communities
  for self-determination affected the balance of
  power at the centre, and that this deep-seated
  imbalance plagued the first Republic throughout
  its life (FMG 1967)

26
The Federal Character Principle

• Federal character" -- defined in the 1979
  Constitution as
• The distinctive desire of the people of Nigeria
  to promote national unity, foster national
  loyalty and give every citizen of Nigeria a sense
  of belonging to the nation.
• Sections 14 (34) of the 1999 Constitution
• The composition of the Government of the
  federation or any of its agencies and the conduct
  of its affairs shall be carried out in such a
  manner as to reflect the federal character of
  Nigeria and the need to promote national unity,
  and also to command national loyalty, thereby
  ensuring that there shall be no predominance of
  persons from a few states or from a few ethnic or
  other sectional groups in that Government or in
  any of its agencies.
• The composition of the Government of a State, a
  local government council, or any of the agencies
  of such government or council, and the conduct of
  the affairs of the government or council or such
  agencies shall be carried out in such manner as
  to recognize the diversity of peoples within its
  area of authority and the need to promote a sense
  of belonging and loyalty among all the peoples of
  the Federation.'

27
The Federal Character at work

• The army
• The quota system (1958) only in nonofficer
  ranks
• The quota system (1961) extended to officer
  ranks
• Section 197 (2) of the 1979 Constitution
• The Armed Forces Service Commission
• The federal character in practice
• The Federal Civil Service
• 1954 Creation of State Civil Services
• 1966 FCS assumes greater salience
• The Udoji Commission (1974)
• 1974 The case for regional representation in
  the FCS
• Ad hoc transfers of senior civil servants from
  states to FCS
• FCS regulation on recruitment in federal agencies
  working outside teh federal capital
• The Civil Service (Reorganisation) Decree (Decree
  no. 43, 1988)
• Adherence to the Federal Character Principle at
  entry level
• Promotion on the basis of experience,
  performance, good conduct, qualification,
  training, performance at interview and relevant
  examination where appropriate

28
The distribution of powers
29
Exclusive and concurrent powers

• The central government has exclusive power over
  68 areas including defence, internal security,
  foreign affairs, commerce, banking, natural
  resources, customs, nuclear energy,
  transportation and communications.
• The states have powers over 38 areas including
  state public order, intra-state trade and
  commerce, state health policy, science and
  technology, state highways and public transit.
• The Concurrent legislative list includes 12 items
  such as antiquities and monuments, archives,
  electoral laws.

30
From theory to practice

• Decision rules
• The federal level has paramountcy in case of
  conflict
• Residual powers belong to the states
• The issue of state capacity
• Vast asymmetries between states in education
• Vast asymmetry in resources between states and
  center
• The residual impact of centralisation of powers
• Chief Justice decision (2000) about payment of
  all federal and state judicial officers by the
  Federal government

31
Oil and gas in Nigeria
32
Oil and gas in Nigeria

• Daily Crude Oil Output (2006) 2.1 Million
  Barrels
• Proven Oil Reserves 34 Billion Barrels (World
  1.025 Trillion)
• Proven Natural Gas Reserves 4 Trillion Cubic
  Meters (World 161.2 Trillion)
• Gross Domestic Product - Per Person 694
• Economic Growth (1980-2002) 2 annually
• Petroleums share of
• Government Revenue 76
• Export earnings 95
• GDP 33

33
Legal and Constitutional Provisions

• 1969 The Petroleum Act
• Vested the Federal state with the entire
  ownership of all oil and gas within any land in
  Nigeria, as well as under its territorial waters
  and continental shelf
• The Derivation Principle
• 1960/1963 Constitutions 50 of revenue to the
  States
• 1975, Decree Six 80 to the Federal Government,
  20 to the States
• 1978 Land Use Act derivation expunged in favour
  of the principle of equality of states (with land
  and mass poppulation as important criteria)
• Into the 1990s successive military decisions
  lower the States share to 3 States
• 1999 Constitution 13 of revenue to the States
  creation of the Revenue Mobilisation, Allocation
  and Fiscal Commission
• 2002 Supreme Court decision on the Continental
  Shelf
• October 2002 National Assembly Bill erasing
  onshore/offshore distinction

34
The Niger Delta Problem

• The Niger Delta Development Commission
• Established in 2001
• To alleviate the ecological and developmental
  problems of the oil-bearing communities
• The Report of the Special Committee on Oil
  Producing Areas
• An admission of government failure
• Resource allocation vs Resource control
• Institutional capacity and accountability
• Democratic checks and balances at the levels of
  the States and the Local Government Areas

35
Concluding thoughts
36
Timeline Nigeria (1)
1809 Single Islamic state - Sokoto caliphate -
is founded in north. 1861-1914 Britain
consolidates its hold over what it calls the
Colony and Protectorate of Nigeria, governs by
"indirect rule" through local leaders. 1922
Part of former German colony Kamerun is added to
Nigeria under League of Nations mandate.
1954 Adoption of a federal constitution and the
establishment of one central government and
three regional governments. The central
government was under a British governor-general,
while each regional government had a Nigerian
premier and a British governor 1957 Eastern and
Western regions become self-governing the
premier of each region assumed full executive
powers. A Nigerian, Abubakar Tafawa Balewa, is
appointed to head the national government a
British governor-general is maintained as head of
state. 1959 Northern region becomes
self-governing 1960 Independence. A Nigerian,
Nnamdi Azikiwe, becomes governor-general. 1962-63
Controversial census fuels regional and ethnic
tensions. The census is aborted in 1962. Repeat
of census exercise in 1963 compromise agreement
over controversial census figures. Adoption of a
republican (federal) constitution the British
Queen ceases to be the formal head of state, and
Azikiwe continued to serve as head of state with
the new title, president of the Federal Republic
of Nigeria. A new region, the Mid-West Region,
is created, making Nigeria a federation of four
regional governments. 1966 January - Balewa
killed in coup. Major-General Johnson
Aguiyi-Ironsi heads up military administration.
In July, Ironsi is overthrown and Yakubu Gowon
becomes head of the Federal Military Government.
37
Timeline Nigeria (2)
1967 Establishment of a twelve-state federal
structure with the Northern Region reconstituted
into six states and the three southern regions
also into six states. Three eastern states secede
as the Republic of Biafra, sparking bloody civil
war. 1970 Biafran leaders surrender, former
Biafran regions reintegrated into country.
1973 Another controversial census exercise the
provisional results announced in 1974 were
canceled in 1975. 1975 Gowon overthrown, flees
to Britain, replaced by Brigadier Murtala Ramat
Mohammed. 1976 Mohammed assassinated in failed
coup attempt. Replaced by his deputy,
Lieutenant-General Olusegun Obasanjo, who helps
introduce American-style presidential
constitution. Local governments are formally
established as a third tier of government. Local
government elections are held in December. Abuja
is designated the new Federal Capital Territory.
1978 Adoption of a new presidential (federal)
constitution, to become operational in 1979,
and commonly referred to as the 1979
Constitution. 1979 Installation of civilian
governments at the federal and state levels,
following competitive party elections involving
five parties the Great Nigeria People's Party
the Nigeria People's Party the National Party
of Nigeria the People's Redemption Party and
the Unity Party. Elections bring Alhaji Shehu
Shagari to power. 1983 Competitive party
elections at the state and federal levels.
Shagari is reelected president amid accusations
of irregularities. 1983 December - Major-General
Muhammad Buhari seizes power in bloodless coup.
1985 Ibrahim Babangida seizes power in
bloodless coup, curtails political activity, and
is the first military leader to assume the title
of President. 1986 Controversy over Nigeria's
membership in the Organization of Islamic
Conference (OIC).
38
Timeline Nigeria (3)
1987 Creation of two new states, one in the
North and the other in the South. 1989 Creation
of 149 additional local governments, bringing the
total to 453. 1990 Abortive coup d'état.
Coup-makers seek to play up ethnoreligious and
regional differences by purporting to
temporarily excise five Muslim Northem states
from the federation. 1991 Creation of nine new
states, four in the South, two in the
Middle-Belt, and three in the far North. 136 new
local governments are also created. Nigeria
becomes a thirty-state federation with 589 local
governments. 1993 June - Military annuls
elections preliminary results show victory by
Chief Moshood Abiola. 1993 August - Power
transferred to Interim National Government. 1993
November - General Sani Abacha seizes power,
suppresses opposition. 1994 Abiola arrested
after proclaiming himself president. 1998 Abacha
dies, succeeded by Major-General Abdulsalami
Abubakar. Chief Abiola dies in custody a month
later. 1999 Parliamentary and presidential
elections. Olusegun Obasanjo sworn in as
president. 2000 Adoption of Islamic, or Sharia,
law by several northern states. Tension over the
issue results in hundreds of deaths in clashes
between Christians and Muslims. 2001 Tribal war
in Benue state, in eastern-central Nigeria,
displaces thousands of people. 2002 February -
Some 100 people are killed in Lagos in clashes
between Hausas from mainly-Islamic north and
ethnic Yorubas from predominantly-Christian
southwest. City's governor suggests retired army
officials stoked violence in attempt to restore
military rule. 2002 November - More than 200
people die in four days of rioting stoked by
Muslim fury over the planned Miss World beauty
pageant in Kaduna in December.
39
Timeline Nigeria (4)
2003 12 April - First legislative elections
since end of military rule in 1999. Polling
marked by delays, allegations of ballot-rigging.
President Obasanjo's People's Democratic Party
wins parliamentary majority. 2003 19 April -
First civilian-run presidential elections since
end of military rule. Olusegun Obasanjo elected
for second term with more than 60 of vote.
Opposition parties reject result. EU poll
observers cite "serious irregularities". 2003
August - Inter-communal violence in the Niger
Delta town of Warri kills about 100, injures
1,000. 2004 May - State of emergency is
declared in the central Plateau State after more
than 200 Muslims are killed in Yelwa in attacks
by Christian militia revenge attacks are
launched by Muslim youths in Kano. 2004
August-September - Deadly clashes between gangs
in oil city of Port Harcourt prompts strong
crackdown by troops. Rights group Amnesty
International cites death toll of 500. 2005
July - Paris Club of rich lenders agrees to
write off two-thirds of Nigeria's 30bn foreign
debt. 2006 January onwards - Militants in the
Niger Delta attack pipelines and other oil
facilities and kidnap foreign oil workers. The
rebels demand more control over the region's oil
wealth. 2006 February - More than 100 people
are killed when religious violence flares in
mainly-Muslim towns in the north and in the
southern city of Onitsha. 2006 April - Helped
by record oil prices, Nigeria becomes the first
African nation to pay off its debt to the Paris
Club of rich lenders. 2006 May - The Senate
rejects proposed changes to the constitution
which would have allowed President Obasanjo to
stand for a third term in 2007. 2007 April -
Umaru Yar'Adua of the ruling People's Democratic
Party is proclaimed winner of the presidential
election.
40
The Architecture of the Federation

• Federal Government

• State Government

• The Executive
• Elected President Vice-President
• Cabinet The Federal Executive Council
• The Legislative The National Assembly
• The Senate
• 109 members (3 per state 1 FCT representative)
• Elected for 4 year-terms in 36 three-seat
  constituencies FCT
• The House of Representatives
• 360 seats
• Elected for 4-year terms in single seat
  constituencies
• Distributed according to the demographic weight
  of each state

• The Executive
• The Governor
• The Legislative
• The State House of Representatives
• The Local Government Areas
• Local Government Councils
• Chairman Chief Executive of the LGA
• Councillors