FEDERALISM is the imaginary bedrock of Nigeria’s constitutional democracy, designed to steadiness energy between the centre and the sub-nationals. Nevertheless, the current judgement by the Supreme Court docket regarding native authorities autonomy has raised essential questions in regards to the integrity of this federalist construction. The judiciary ought to interpret the Structure to bolster decentralisation.
In its newest judicial intervention on the swimsuit filed by the Lawyer-Basic of the Federation and Minister of Justice, Lateef Fagbemi (SAN), difficult the state governors’ management of LGs, the Court docket declared that the federal government is portioned into three tiers – federal, state, and native. It is a blatant assault on the tenets of federalism.
The judgement barred the governors from receiving, retaining, or spending the LG allocations. The Court docket held that states receiving LG funds violate Part 162 of the 1999 Structure. It asserted that the Structure states that any cash leaving the Federation Account have to be distributed to the three tiers of presidency. That is misguided: in federalism, there are solely two models of presidency – the centre and the federating models.
The Supreme Court docket erred in its judgement because the LGs don’t have any place in a federal structure. Subsequently, one of many basic flaws of the 1999 Structure is to record the 774 LGs in it. This have to be corrected.
In federal jurisdictions, similar to the USA, India, and Brazil, the structure recognises solely the centre and province/area/state governments. States fund the LGs because the councils are underneath them. Thus, the Supreme Court docket judgement is a conspiracy towards federalism.
The Court docket dominated that state governors do not need the ability to dissolve elected LG councils and substitute them with caretaker committees. This violates Part 7(1) of the Structure. Whereas we agree with the justices that the councils needs to be run solely by democratically elected officers, the query of economic autonomy for LGs has no place in a federal structure.
The State and Native Authorities Joint Account was created as a result of council bosses had been looting funds and never paying major faculty lecturers. Since that account was created, major faculty lecturers are now not owed salaries. Sadly, paying the month-to-month allocation on to the councils wouldn’t cease the diversion of council funds.
Reasonably than chasing shadows on the Supreme Court docket, the Bola Tinubu Administration ought to give attention to the political and financial restructuring of the nation alongside the strains of true federalism. Federalism, as envisioned by the founding fathers, was supposed to steadiness energy between the central authorities and the constituent models, guaranteeing environment friendly governance, fostering improvement, and accommodating the nation’s huge ethnic, cultural, and regional variety.
The journey in direction of federalism has been fraught with challenges, inconsistencies, and deviations from its core ideas. Nigeria’s federal construction was designed to stop the focus of energy on the centre and promote regional autonomy.
The precept of federalism was meant to permit every area to control itself whereas contributing to the collective unity and progress of the nation. This was seen as important for a rustic as various as Nigeria, with over 250 ethnic teams and lots of cultural identities.
Regardless of having the constitutional framework for federalism, Nigeria operates extra as a centralised system. The Federal Authorities wields vital legislative and government powers, typically encroaching on areas that ought to fall underneath state jurisdiction. With 68 gadgets, the Unique Legislative Listing entrenches the impunity of the Federal Authorities.
States ought to cease the unlawful apply of dissolving elected councils and appointing caretaker committees. Native elections needs to be free, honest, and credible to make sure accountability.
The journey to true federalism in Nigeria requires a collective dedication to restructuring the present political and administrative framework. By bridging the hole between the theoretical foundations of federalism and the sensible realities, Nigeria can harness its variety, foster improvement, and construct a extra united and affluent nation.