Is Nigeria Restoring True Federalism

In January 2018, the APC Committee on True Federalism, chaired by Nasir El-Rufai, presented a comprehensive report outlining the steps necessary to restore federalism in Nigeria. This committee was composed of eminent Nigerians, brought together by the All Progressives Congress (APC) to address the longstanding debate on federalism. As Nigeria marks its 25th year of uninterrupted democratic governance, the need to correct the distortions imposed by years of military rule has become increasingly urgent.

The central argument for federalism in Nigeria hinges on the devolution of powers to subnational entities. This shift is not merely ideological but also practical, aimed at fostering a dynamic and efficient country. Devolving powers is expected to enhance governance by tapping into the competitive spirit and creativity at the state level, thereby improving service delivery and economic management. Furthermore, it allows the Federal Government to focus on its core responsibilities, such as national defense, security, fiscal policy, and foreign relations.

Recent Legislative Advances in Nigeria

Significant strides have been made toward reinforcing federal principles in Nigeria. One notable milestone was the constitutional amendments passed by the 9th National Assembly in January 2023. These amendments marked a major shift in the balance of power by moving certain responsibilities, including electricity, railways, and prisons, from the exclusive list to the concurrent list. This legislative change enables state governments to take on greater regulatory roles, particularly in critical sectors like electricity.

President Muhammadu Buhari’s assent to these reforms was a significant endorsement of decentralization. The momentum continued under President Bola Tinubu, who signed the Electricity Act 2023, granting states the authority to regulate electricity markets within their territories. This legislative progress signifies a clear commitment to decentralizing power and enhancing state-level governance. State governments have already begun to utilize these new powers, aiming to address long-standing issues in the electricity sector through local regulatory frameworks and private sector collaboration.

Decentralizing Security for Enhanced Safety

Another area where federalism is gaining traction is in the realm of internal security. The centralized police structure in Nigeria has long been criticized for its inefficiency and inability to effectively manage security across the diverse and vast nation. There is growing consensus that decentralizing policing would enhance the ability of state and local governments to safeguard their communities.

By establishing state and local police forces, the government can provide more tailored and responsive law enforcement services. These subnational policing structures would need to be adequately resourced and equipped with modern technology and training to ensure they can effectively deter crime, protect citizens, and uphold the rule of law. As discussions on this reform continue, it is essential to implement strong regulatory measures to prevent the misuse or politicization of police powers by state governments. The goal is to create a balanced and accountable system that bolsters security while safeguarding citizens’ rights.

The push for true federalism in Nigeria is gaining momentum, driven by legislative reforms and a growing recognition of the benefits of decentralized governance. These efforts, if fully actualized, promise to enhance the efficiency and responsiveness of government, foster economic growth, and improve security across the nation.

Clarifying the Status of Local Government Councils in Nigeria

The recent recommendations by the APC Committee on True Federalism mark a pivotal step towards refining Nigeria’s federal structure. One critical issue identified is the status and funding of local government councils. Currently, these councils receive direct funding from the Federation Account, which the committee views as an anomaly. The committee suggests that local government should fall under the jurisdiction of state governments. Each state would then have the authority to legislate, fund, and manage local governments according to their specific needs and circumstances. This approach aims to decentralize control and ensure that local governance is more attuned to the unique requirements of each state.

A major point of contention across the country is the allocation of funds to local government councils from the Federation Account. Advocates for a more streamlined federal system argue that this funding should be limited to federal and state governments. Under this model, states would be responsible for financing and overseeing local governance. This change would necessitate states enacting their own laws to determine the structure and funding mechanisms for their local governments. By adopting this model, states could tailor the number and operation of local government councils to better reflect their demographic and economic realities, potentially enhancing administrative efficiency and local development.

Rebalancing Power and Responsibilities

The APC Committee on True Federalism’s recommendations extend beyond local government councils to encompass a broader rebalancing of power within Nigeria’s federal system. The committee advocates for devolving more powers and responsibilities to state governments, thereby enabling them to more effectively address human capital and infrastructural development. This reallocation of authority is seen as essential for the states to fulfill their constitutional duties and drive regional progress.

Another significant recommendation is the restructuring of the judiciary to restore a federal structure. The National Judicial Council’s powers would be confined to federal courts and the Federal Capital Territory, while state judicial matters would be managed by newly created State Judicial Councils through constitutional amendments. This proposed judicial reformation aims to enhance the efficiency and relevance of state judiciaries, ensuring that they are better equipped to handle local legal issues independently of federal oversight. Such a shift is intended to reinforce the autonomy of state governments and align judicial operations with the principles of federalism.

Advancing Fiscal Federalism and Resource Control

A crucial aspect of the proposed federal reforms is the development of a consensus on fiscal federalism and the control of mineral resources. The current constitutional provisions vest land ownership in the states, but there is an ongoing debate about whether this should extend to the minerals beneath the land, including oil and gas. The committee suggests a model where states control these resources, while the federal government would collect royalties and taxes, and retain control over offshore minerals. This arrangement aims to balance local autonomy with national oversight, potentially fostering more responsible and locally beneficial resource management.

The historical context of Nigeria’s federalism underscores the need for these reforms. Since independence, the nation has grappled with the centralization of power, which critics argue has hindered national unity and economic productivity. The committee’s recommendations seek to reverse this trend by reinstating a federal structure that empowers states. This federal restoration is seen as a means to incentivize states to develop their economies and governance capabilities independently, while allowing the federal government to concentrate on its core responsibilities, such as national security and international representation. The proposed reforms present a unique opportunity for the 10th National Assembly to enact changes that could significantly enhance Nigeria’s federal system within the next year. Culled from X handle of Nasir Ahmad El-Rufai