The problem with Nigeria is wicked but still solvable It just occurred to me that Nigeria is actually not a federation. This is not one of the anti governance frustrated rants but a result of careful study of institutions.

First, the federal system is a system where power is shared between the regions and the centre without any superior to the other. The concept of written constitutions was developed in order cater for this situation. It sits in the centre of a continuum between confederation where the centre is inferior to the regions and unitary system where the regions are inferior to the centre. It is a matter of fact and not name. For instance, USA, Australia and Germany are all federations but they are not called federal.

The fact of federalism means that sovereignty is shared between the centre and the regions. The highest expression of sovereignty is judgement. An inferior cannot seat in justice over a superior and a sovereign is one who cannot be judged.

However, in Nigeria, the highest court is the Supreme Court, a federal court; therefore the states have automatically surrendered their sovereignty to the federal. The federal appoints the Supreme Court judges.

Let us now examine USA. The federal and state court systems are parallel which means that a state matter cannot be adjudicated in a federal court and vice versa. The constitution spells federal and state matters. The final court of adjudication on state matters is the state court. This is also similar in Australia where appeals to the High Court (Australia’s highest Federal Court) are by special leave only, which is rarely granted. Therefore, for most cases, the appellate divisions of the Supreme Courts of each state and territory and the Federal Court are the ultimate appellate courts. The Full Court of the High Court is the ultimate appeal court for Australia. Note that Australia is actually not a full republic per se, it is still under the Queen, until recently the House of Lords (UK Supreme Court) was its last court.

Germany is even more complicated as there are different court systems, commercial, civil, criminal etc and each has the final say on its jurisdiction and appeal.

However, in Nigeria, the Supreme even hear matters on customary laws originating from states. This automatically subjects the States to the Federal.

Another issue is policing. Federal countries recognize that internal law and order is a matter for the regions and should be an issue of the regions. A different system negates the practical sovereignty of the regions, reducing them to an administrative exigency. The reason is, the regions should be able to maintain it’s inherent distinctiveness. However this reason is a major reason state police is disallowed. Without state police, federalism is not real.

The next is finance. In a federal system, the regions should have autonomy and control of their funds. Firstly, the average state in Nigeria is not financially viable. Secondly, federal accounts and federation account is the same. This means the money which belongs to the federation is the same as the money which belongs to the federal government.

There are other issues such as the federal stipulated structure for local governance. Local governance should be an issue for the regions as they understand their people. However practical consideration for minorities should exist in Nigeria whereby minority local governments in states such as the South South, North Central where there are a lot of minorities are given some special considerations or made federal territories within states.

The unitary system of land holding and provision for Land Use Act in the constitution is also another issue. This fundamentally destroys the regional economic superstructure (aka property) as each region ought develop its fundamental means for holding and distribution of property.

I think, this is how Nigerians want it, if not, we will fight for injustice in the land.

otosa:
I think, this is how Nigerians want it, if not, we will fight for injustice in the land.

I doubt if most have us have given deep thought to this. There are so many things we take for granted. If for instance we are told that we are a unitary country, many people will react and rebel. Recall the Unification Decree by Aguiyi Ironsi was very unpopular. In fact, many parts of our structure when analyzed closely will be anachronic. Another example is the provision of local government in the constitution. This effectively limits the states on practically strucutruing their regions effectively. The argument is, Governors are only interested in eating money but at a point, Lagos state wanted to practically devolve into more local regions to cater for its population. This was resisted

But what our Governors, Senators and Reps especially from Southerner are doing about this? Absolutely nothing.

otosa:
But what our Governors, Senators and Reps especially from Southerner are doing about this? Absolutely nothing.

Most of them are there for the money.