post colonial period Flashcards
when was the post colonial period
The post-colonial period in the annals of Nigerian political history started on October 1, 1960 when the British flag, the Union Jack was lowered in Nigeria and the reign of government was taken over by the Nigerian leaders who emerged through the process of the 1959 general elections. Before we go into the nitty-gritty of the issues, it is pertinent to discuss the theory of federalism which is the foundation upon which the Nigerian polity was constructed. The unit will acquaint the student with the political structure bequeathed to Nigeria by the British colonial government. To examine the rationale behind the decision to configure the political structure the way it was and also to see how well the system has been working for the country.
what is federalism
What is federalism or federal system of government? This is a political system whereby a group of autonomous states form an association with a central body and agrees to surrender part of their sovereignty to the central authority in the area of external affairs and other domestic matters of common interest. A federation could also be defined as a union where the constitutional powers are divided between two or more levels of government and where the citizens are subjected to different levels of authority. In a federal system, there is a central government and the component units that are not subordinate to but co-ordinate with the central body. But in the common interest of the union, the central authority has its ways when there is clash of interest.
Federations and Confederacies
There is a distinction between a federation and confederation which are often confused by some people. A confederation is also a union of sovereign states but with a loose centre because the federating units retain their sovereignty in its original form and concept. The federating units sustain the central authority and membership could be withdrawn at will. Example of a confederation is Switzerland and quasi- government (associations) such as the Economic Community of West African States (ECOWAS), African Union (AU), European Union (EU), Commonwealth of Nations, United Nations (UN) and such other similar bodies. Though a union of States (like a federation), there is no constitutional division of powers between the centre and the component units in a confederacy. Individual citizens of the confederacy are responsible, primarily, to their home governments; the orders of the common authority only affect him as may be imposed by his/her home State because it is a league of sovereign States. Therefore, it is possible for any component unit to have a legal right to secede from the union in a confederation but secession in a federation may lead to civil war as was the case in America between 1861 and 1865 and Nigeria between 1967 and 1970.
Federal and Unitary States
A Unitary state is one in which there is a domineering central authority serving as the sole source of authority to the territorial units. All the governing authorities within the State are created; have their powers defined, and their form of administrative structure determined by the central government. In the opinion of Awolowo (1966:9), the distinguishing characteristic of a unitary state is that it has only one supreme legislative authority, whereas that of a federal state has within it a number of supreme legislative authorities which are co-ordinate with and independent of one another in the exercise of their respective powers.
Principles of Federalism
a) The Need for Union
For a federation to evolve there must be a compelling desire by smaller states to feel the need for a union and express such desire. Smaller states are vulnerable to encroachment by foreign powers which may be a compelling factor to form a federal union with other neighbouring independent states to enjoy common defence, common currency, free trade and other internal and external economies arising from such union.
Principles of Federalism
d) Principle of Equality There should be no marked inequalities among the federating states in terms of land mass, population, military power, economic resources, etc. If there is any of the federating states as powerful in the union as to be half, equal or double in size and other parameters than the rest combined, this may lead to domination and eventual collapse of the union.
Principles of Federalism
c) The Desire for Internal Autonomy The desire for a federation by a group of independent states precludes the establishment of a unitary state or any arrangement that encroach on their local sovereignty. A desire among the component states for the preservation of their independence in all but essentially common maters is a precondition for this form of political organisation. In his contribution, A. V. Dicey (1939) says federalism is a natural constitution only for a body of States which desire union and does not desire unity.
Principles of Federalism
b) Geographical Contiguity Nearness to one another in terms of geographical boundaries, historical and economic opportunities is sine qua non for the success of independent States seeking to form a federal union. Appadorai (1968:499) opines: The physically contiguity of countries which are to form a federation is certainly a favourable, and possibly a necessary condition for the success of federal government.
Ordinarily, the desire to form a union would not arise if the countries are widely separated and incompatible in some natural traits, the sacrifice to be made out of the union would naturally obliterate whatever advantages accruing there from.
Essential Features of a Federal State
i) A Written and Rigid Constitution To prevent the breakup of the union through secession, it is necessary for a federal State to have a Constitution that is not only written and rigid but also emphasize the Supremacy of the Constitution in order to curtail the activities of the centrifugal forces and subversive elements (See Sec. 1:1-3, Constitution of the Federal Republic of Nigeria, 1999).
ii) Division of Powers The Constitution should enshrine the division of powers among the central and component states. The Legislative powers are divided into Exclusive, Concurrent and Residual Lists (See Second Schedule, Parts I & II, Constitution of the Federal Republic of Nigeria, 1999) and the cumbersome procedure for the amendment (See Sec. 9:1-4, Constitution of the Federal Republic of Nigeria, 1999) of the Constitution is also stated. The Exclusive Legislative List contains the subject upon which only the Federal Government can legislate such as Defence, External Affairs, Currency, Stamp duties etc. The Concurrent Legislative List, on the other hand, are the items upon which both the Federal and the State governments can make laws such as Education, Agriculture, Trade and Commerce, etc. but in the event of a conflict, the Federal Laws prevails and that of the State becomes void to the extent of its inconsistency. The Residual Legislative List contains items or matters on which the states can make laws. In most federal systems such matters include, Local government, culture, health and education.
Essential Features of a Federal State
iii) A Supreme Court Another important feature of a Federal State is the establishment of a Supreme Court (See Sections 232:1:2 and 233, Constitution of the Federal Republic of Nigeria, 1999) to interpret the Constitution and adjudicate in disputes between the Federal and the component units on the one hand, and between the Federal, States and individual citizens on the other. The Supreme Court should also have power of judicial review so as to prevent dictatorship or legislative rascality in the federation. It is the highest Court of the land and the last hope of the common man.
iv) Bi-cameral Legislature It is equally important for a federal union to have a two-chamber National Assembly to be composed of elected representatives of the people from different component units. For example, in Nigeria the Upper Chamber (Senate) has members elected on equal basis across the 36 States of Nigeria, including the Federal Capital Territory, Abuja while the membership of the Lower Chamber (House of Representatives) is made proportional to the population of the component states.
Prospects and Problems of Federalism
Since there are no roses without thorns, federalism, in juxtaposition with unitary system of government, is either good or bad depending on the anthropological environment in which it is practised. At least in the developing democracies, the following are the common problems of federal system:
i) Dual Allegiance: Allegiance is the citizen s loyalty which can be given at a time to a ruler or state but in a federal set up like Nigeria, a citizen s allegiance is dual - one to his/her state of origin and second, to the federal authority. Consequently, in most cases the citizens are subjected to multiple laws on taxation, environment, traffic, etc. In a situation where there is conflict between the federal and the component state, the citizens become the grass that suffers the clash between two elephants. This is not the case in a unitary system where authority is centralized, uniform and easily recognizable.
ii) Conflict of Interest: Another significant problem of a federal system is the occasional conflict of interest, duplication of duties and clash of authority between the federal and the component states since they both can legislate on subjects under the Concurrent Legislative List. A situation where the political parties controlling the central and the states governments are different, there is the likelihood of showmanship by either party to achieve a political interest. Some states may suffer persecutions in the hand of the federal authority while some others may have more than their fair share simply because of political differences. The unhealthy rivalry leads to unequal, wasteful and inequitable distribution of national resources.
Prospects and Problems of Federalism
iii) Satisfactory Method of Amendment: The procedure for constitutional amendment in a federal state is cumbersome since it requires the votes of not less than two-thirds majority of all members of the National Assembly (Senate and House of Representatives in Nigeria) and also approval by the resolution of not less than four-fifths majority of all the members of the Houses of Assembly of not less than two-thirds of all the States (See Sec. 9:2-4, Constitution of the Federal Republic of Nigeria, 1999). This tortuous process makes it difficult to have a consensus of opinion on the amendment of the Nigerian constitution in order to make the document reflect the current realities in the federation. This invariably accounts for why no civilian government has been able to create either a new Local Government or a State since 1963. This is not without some negative effects on the acceleration of development in the country.
iv) Threats of Secession As the component units in a federation are usually not identical in size, population, mineral resource, etc., it is not impossible that the larger units may have overbearing influence on account of their population to the detriment of the smaller units. The cries of marginalization may lead to the struggle for self-determination which is a euphemism for secession. The Nigerian federation was threatened to its very foundation between 1967 and 1970 when the Eastern region unilaterally declared secession from the federation over the claim of marginalization and maltreatment of Igbos in the North. The embers of secession are still alive in view of the activities of the militant groups in the Niger Delta Area accusing the federal authority of neglect, marginalization and environmental degradation.
v) Advantages/Prospects of Federalism:
Despite all these weak points, federalism as a political system has quite a number of advantages, some of which are enumerated as follows:
a) Unity in diversity A federal system promotes unity amongst people of diverse culture, religion and history which makes them put national interests beyond and above that of their individual ethnic groups. They blend, interrelate, inter-marry and speak with one voice which commands respectability in the international community.
b) Healthy Competition Federalism encourages rapid growth and development among the heterogeneous people that constitutes its component units that operate at different pace with different policies and programmes. Since resources are not equally distributed, there is the advantage of maximum exploitation and relatively equitable allocation of the national wealth according to needs and in the overall interest of the federation. The component units are tempted to emulate good programmes and exchange good ideas from one another in a healthy competition.
c) Economies of Scale In a federation, resources are usually pulled together for maximum output with minimized cost for national productivity. Unlike small nations, union of nations in federalism has the advantages of availability of labour, raw materials, high level of consumption, savings and investment. These are catalysts for rapid economic growth and development.
