In Search of True Federalism as Basis for Democracy

In Search of True Federalism as Basis for Democracy

Kemi Olaitan writes that the 2021 Governor Seyi Makinde National Democracy Summit, held in Ibadan, was geared towards the narrative of true federalism in Nigeria

Twenty two years on Nigeria has witnessed unbroken democratic governance; with Nigerians every four year since 1999 going to the polls to elect leaders both at the state and federal levels. To many, however, voting is the only benefit that Nigerians derive from the nation’s democracy.

With the horrid experience that has been the lot of Nigerians since the country returned to democracy under the present fourth republic, apart from the ritual of the National Assembly organizing reviews of the 1999 constitution which is the groundnorm of Nigeria’s democracy, governments have put together conferences, the last being the 2014 National Conference under the administration of former President, Dr. Goodluck Jonathan. Various bodies and individuals are also not left out.

The essence of virtually all these exercises is to chart a way forward for the country’s democracy for it to have meaning in the life of an average Nigerian.

It was in this direction that the Oyo State Ministry of Justice recently gathered Nigerians from all walks of life that include elected officials, academia, legal, financial and security experts, in Ibadan, for a two day event tagged, 2021 Governor Seyi Makinde National Democracy Summit, with the theme, “The Future of Democracy in Nigeria”, where all the speakers spoke on the imperative of federalism. The sub themes of the summit include Towards a More Effective Federalism in Nigeria; Insecurity and Conflict as Threats to Nigeria’s Democratic Future; Can There be a Case for State Constitutions in Nigeria?; Fiscal Federalism and National Development; Challenges of Constitutional Amendment in Nigeria; Poverty and Socio-economic Exclusion in Nigeria; Nation Building, Citizenship and National Identity and Political Parties and Citizens Participation in the Democratic Space.

The state Attorney General and Commissioner for Justice, Prof. Oyelowo Oyewo, while welcoming participants, said the summit with the choice of the theme, was a contribution to save democracy from dying in Nigeria. According to him, the present state of Nigeria’s democracy characterized by failure in governance, inept leadership, fragmented political parties, trust deficit (open and glaring distrust) and lack of confidence in government by the majority of citizens, collapse of the security architecture, proliferation of arms in the hands of non-state actors, unprecedented wave of insecurity, unimaginable population of internally displaced people in peace time, massive infrastructural development deficit, rabid corruption, existential problems of poverty, separatist/secessionist violent agitations, demands purposive and selfless action by all Nigerians to ensure that democracy does not die in the country.

While maintaining that the summit was organised to enrich the discourse needed to steer the country from the precipice, he charged President Muhammadu Buhari, to listen to voices of reason and save democracy in Nigeria. He said, “We are mindful of the fact that democracies, like everything associated with life, do die, if not well well-maintained! It is patently clear that the Nigerian democracy is in peril, and it behoves the Buhari Presidency to heed to the myriad of calls, counsel, plea, recommendations, and what have you, all demanding for a change and reform of our democracy, constitution, polity, governance, and practices to stem the tide of doom that looms on the horizon if the present course of tyrannical undemocratic rulership persists. Quite frankly, it is in the best interest of the ruling class to secure the future of democracy in Nigeria, as the cost of a failed democratic governance in Nigeria is too worrisome to contemplate.”

In his goodwill message, the Speaker, Oyo State House of Assembly, Rt. Hon. Debo Ogundoyin, said the effective practice and strict observance of the rules, principles and ethics of democracy and its values is the means through which the society can be transformed to greater heights. He maintained that the concept of democracy has gained prominence as it is largely believed to be a sine-qua-non for growth, development and sustainability of the body polity as opposed to military rule, stating that after the return of civil rule in 1999 there were expectations that the newborn democracy will deliver Nigeria from the long decades of savagery and oppression.

According to him, until there is total submission to the rule of law and the principle of separation of powers are strictly adhered to, there would be no effective checks and balances among the three arms of government and Nigeria may not achieve much in practicing democracy.

Ogundoyin disclosed that Oyo state’s 9th Assembly under his leadership has been up and doing to touch the lives of the people positively with various bills and resolutions while working hand in hand with other arms of government. His words, “The Oyo State 9th Assembly on our part is quite aware that government is among other things measured by the quality of legislation from the parliamentarians. The 9th Assembly is making meaningful contribution towards making lives meaningful for the citizenry of Oyo State ensuring that enabling environment for necessary legislation, passing of bills into law and effective oversight function which had indeed impacted positively over the last two years on the success achieved by the executive arm of government.

“To date, the 9th Assembly had passed 83 Resolutions and 56 Bills into Law.The three Arms of government in this ‘Pacesetter’ state has been working harmoniously with mutual respect which has greatly contributed to the enviable growth so far covered by this administration.”

Governor Rotimi Akeredolu of Ondo State represented by the state Attorney General and Commissioner for Justice, Sir Charles Titiloye, in his goodwill message, submitted that the country was not practicing true federalism but rather what he termed unitary form of government. He said, “What we have had so far in this country is not federalism but a unitary system of government. Yes, in a situation whereby it is the central that dictates for the component body; in a situation whereby the state goes cap in hand every month to beg for funds from the FG, instead of the state contributing for the control and funding of the centre.

“These are local issues, which the state can easily handle, and for us to have true federalism that we are talking about, these are areas that should be permanently handed over to the states of the Federation.”

Governor Makinde in his keynote address, said fiscal federalism and devolution of powers remained the only ways to take Nigeria away from the edge of the precipice, stating that the country must devolve powers to the federating units, especially the powers to control natural resources and the state security architecture, in order for it to avoid the path of destruction.

Makinde said, “As we continue to deliberate on the future of democracy in Nigeria, let us remember that true federalism is the way forward. Restructuring the Nigerian state, and giving the federating units more powers is the route to economic prosperity. We are the Federal Republic of Nigeria, but our federalism exists in name only. Students of political history will tell you that what we have been practising is, in fact, a unitary system of government – where more powers are concentrated in the central government.

“There is so much power at the centre and another thing that our political theorists will tell you is that by nature, a unitary system of government is better suited for small countries, maybe countries with flat ethnic nationalities. Nigeria is not a small country and very diverse. So, you can easily identify why we are experiencing developmental challenges across the board. We are trying to fit a square peg into a round hole. For true federalism to thrive, the federating units should have more powers and autonomy. The legislature is also fighting for autonomy, which has shown that we have to devolve.”

The governor added that it has become imperative for the country to address the issue of devolution of powers along the two critical lines of power to control natural resources and power to control state security architecture, maintaining that when states are allowed to take control of their resources, they will have more funds to execute developmental projects and the idea of going cap-in-hand to seek federal allocations would end. According to him, once states are allowed to control their natural resources, the power dynamics will also change, as states will become more independent-minded and can also choose how to develop their natural resources and use them to attract investments to their states.

On the issue of the need for states to have control over state’s security architecture, Governor Makinde said, “The prevailing security situation in Nigeria as a whole has shown how closely linked security is to development. Without a secure environment, all efforts to attract investments will be in vain. Nobody wants to put their money where they are not sure of making a profit.”

“A look at the National Bureau of Statistics, Nigeria’s data will tell you which states record the lowest Internally Generated Revenue in Nigeria. When we analyse those figures, we conclude that there is a direct link between insecurity and underdevelopment. That being established, we need to fully appreciate that state policing is a sure cure to our national development challenges. Anyone who has been involved in security at any level will tell you that policing is local. One of the reasons why the Western Nigeria Security Network code-named Amotekun is recording success is because members of the corps are drawn from the locality. They know the terrain and so can gather needed intelligence. Also, they can be held accountable by the local people.

“When the state governors become the actual Chief Security Officers in charge of the security personnel in their state, they can quickly respond to security challenges. Yes, we will continue to do our best. We were able to get Amotekun off the ground and it is in operation now…but there are several limitations to what Amotekun can do right now and the types of firearms they can carry. If we are given the authority and licence, I will also buy AK47 rifles for Amotekun. So, these are just two areas where true federalism will bring greater economic benefits and development to Nigerian states”, Makinde said.

The governor also declared that his administration is ready to ensure that true federalism is practised to the extent that the Nigerian constitution allows, pointing out that his government has continued to seek areas of collaboration with the Federal Government in order to attract economic benefits to the people of the state. His words, “For instance, we have indicated our interest in having a stake in the Ibadan Dry Port. It is a Federal Government project but Oyo State wants it to succeed. Another example is our collaboration with the Federal Ministry of Mines and Steel Development, which is in charge of solid minerals, to build a gemstone market in the state. We already donated two hectares of land in Ojoo, Ibadan, for this purpose. So, if we can achieve this much now, imagine how much more Oyo State will benefit should we practice true federalism. This is why one of the fundamental issues we have put before the federal government after our recent meeting of governors of southern Nigeria is restructuring; this is the future of democracy in Nigeria.”

Makinde, however, stated that there can be no democracy without the rule of law, noting that for the country’s democracy to endure, actions must be based on the law and that the sanctity of the judiciary and the press must be upheld.

Former governor of Edo State, Prof. Oserheimen Osunbor, who moderated the plenary with the theme, “Challenges of constitutional amendment in Nigeria”, in his own submission, said the fundamental issues to consider in a period like we are presently in Nigeria, which will strengthen democratic practice or aspirations of the country are majorly two issues. He said, “The first one is the issue of fiscal federalism and I am very happy Governor Makinde also stressed this in his opening remarks, when he said: “We actually need to go back to the 60s and adopt, in fact, revive the fiscal federal structure that we had, which was quite robust and capable indeed.

“Then, the states were generating a lot of funds for the local government. And I think that is the salvation for the federal system in this country. If we do not go back to that, any talk on federalism in this country is quite a propaganda and will not take this country out of the woods, especially in terms of effective governance.”

A Professor of Law, at the Faculty of Public Law, Ahmadu Bello University (ABU), Zaria, Yusuf Dankofa, while delivering a paper under the plenary, Poverty and socio-Economic Exclusion in Nigeria, said the nature of the determinations of poverty in Nigeria can be traced to low or declining level of economic growth, income inequalities, unemployment, corruption, bad governance, diversion of funds into non-developmental projects, funds embezzlement, inappropriate macro-economic policies, inadequate endowment of human capital, debtor borrowing, labour market deficiencies caused by limited growth in job creation, low productivity, low wages in the informal sector and poor development of human resources.

According to him, poverty can also rise through structural deficiencies such as environmental degradation, worker retrenchment, frequent and increasing crime rates and violence, decrease in the real value of safety nets, structural changes in the family as well as the neglect of the agricultural sector, non development of infrastructural facility, lack of enabling environment for infant industries, epileptic power supply, depreciation of the Nigerian currency and the general government inability to properly manage the Nigerian economy.

He maintained that there are various measures that may be taken to reduce the level of poverty and socio economic exclusion in the country, stating that each of the measures requires a holistic approach.

His words, “One of the major steps in reducing poverty in Nigeria is through mass education. Quality education for all can provide a long lasting solution to poverty in Nigeria. Quality education improves economic efficiency by expanding labour force value and efficiency and subsequently moving people out of poverty. Unlike education which reduces poverty in the long run, fight against corruption leads to an immediate reduction in the level of poverty. Hence there is a need for a total fight against corruption and effective monitoring of public finances. Similarly, the lack of punishment for corrupt office holders has continuously resulted in the diversion of funds meant for development projects which trickles down to poor infrastructural development and social welfare resulting to poverty.

“Another major cause of poverty in Nigeria is the fragility of the economy due to over-dependence on oil revenue and also on imports. There is thus an urgent need for diversification of economic activities to create opportunities for Nigerians and ensure stability of the economy. Diversifying the economy and improving value addition in the agricultural industry can aid the reduction of poverty.With industrialization in the areas of manufacturing and agriculture coupled with technology, Nigeria would become productive and prosperity will be created.Massive industrialization will create jobs and income for the people.

“Nigerian government therefore has a legal duty to achieve these goals because doing so will not only make Nigeria a more prosperous place but will also make the entire globe a much more socially inclusive place for all humans.”

On her part, Dr. Hauwa Evelyn Shekarau, in her paper titled, Political Parties and Citizens Participation in the Democratic Space, submitted that democracy and political party system cannot be divorced as both systems need each other to function maximally, noting that the challenges currently been faced by political parties in emerging democracies like Nigeria, are proof that more work needs to be done by political parties to remedy the situation and ensure the full implementation of the benefits of democracy.

On the way forward for a strengthened and effective political party system in Nigeria, she recommended that there is a need for the amendment of the Electoral Act to take care of the loopholes present in the 2010 Electoral Act in terms of substitution of party primary winners with party’s preferred candidate and the absence of sanctions for party defectors. Also, regulations should be put in place to address the exorbitant prices of party nomination forms to rid political parties of so-called ‘godfathers’ whose existence are fast becoming detrimental to public interest and participation while measures must be put in place that can be used by the public to hold political parties and elected leaders accountable for their abuses of the system and failure to represent the interests of the people.

Similarly, she maintained that the Independent National Electoral Commission (INEC) and law enforcement agencies be empowered to investigate crimes committed by political parties and punishments should be prescribed by the Electoral Act against such crimes while political parties be mandated to provide opportunities for marginalised groups such as women and the youth to favourably contest for elected and appointed offices without restrictions or marginalisation.

“Political parties must also be forced to follow through with their campaign promises and manifesto when elected to public office, failure of which sanctions can be imposed. Voter education and continuous communication between the electorate and the elected must be commonplace in the Nigerian democratic space, as this will not only bridge the gap between the leaders and the people, but further increase citizens participation in the democratic space,” she said.

QUOTE

Governor Seyi Makinde National Democracy Summit, with the theme, “The Future of Democracy in Nigeria”, where all the speakers spoke on the imperative of federalism. The sub themes of the summit include Towards a More Effective Federalism in Nigeria; Insecurity and Conflict as Threats to Nigeria’s Democratic Future; Can There be a Case for State Constitutions in Nigeria?; Fiscal Federalism and National Development; Challenges of Constitutional Amendment in Nigeria; Poverty and Socio-economic Exclusion in Nigeria; Nation Building, Citizenship and National Identity and Political Parties and Citizens Participation in the Democratic Space. The state Attorney General and Commissioner for Justice, Prof. Oyelowo Oyewo, while welcoming participants, said the summit with the choice of the theme, was a contribution to save democracy from dying in Nigeria

Related Articles