Foreign relations[show]. Minister of Foreign Affairs; Diplomatic missions. of Nigeria · to Nigeria · Passport · Visa requirements · Other countries · Atlas · v · t · e . The federal government of Nigeria is composed of three distinct branches: legislative, executive Nigeria is a federal republic, with executive power exercised by the president. ONAH, F. E.. Author 2. Author 3. Title. Fiscal Federalism in Nigeria. Keywords. Description . imbalance among the levels of government, their consequences and solt~ tions. . tension that characterize the relationship among different cthno-regional . Yoruba, lgbo and Hausa/Fulani, thus making the task of unification an. CHAPTER SLX. Local Government and Intergovernmental Relations in. Nigeria xii grassroots level in Nigeria had always been in operation since time immemorial ourselves to the three major ethnic groups which include the Hausa-Fulani, the . religious functions in the Yoruba pre-colonial society were performed at.
There is a judicial branchwith the Supreme Court regarded as the highest court of the Nation. Legislation as a source of Nigerian law[ edit ] The two fundamental sources of Nigerian law through legislation are  1 Acts of British parliament, popularly referred to as statutes of general application. There were other sources which though subsumed in Nigerian legislations were distinctly imported into the Nigerian legal systems. They are called the criminal and penal codes of Nigeria.
Nigerian statutes as sources of Nigerian law[ edit ] Nigerian legislation may be classified as follows. The colonial era untilpost independence legislationthe military era The post independence legislation [ edit ] The grant of independence to Nigeria was a milestone in the political history of the country. This period witnessed the consolidation of political gains made during the colonial era. Let's start with the collaboration of federal government and state government.
- Relationship between the three tiers of government in Nigeria
While in collaboration with federal government, they oversee the universities, health, and social welfare, antiquities, and monuments, various researches, commercial development, electricity and the development of agricultural industries.
State government collaborates with local government in order to solve the issues related to health services and the development of agriculture. It is also in charge of issues related to every level of education and non-mineral natural resources. There are other relationships between the tiers of the government in Nigeria besides the collaboration of the state government with either the local government or the federal government.
The relationship between the three tiers of government in Nigeria Since we know the main responsibilities of each tier, we can discuss the relationship between them. Even though collaboration is a type of relationship between the tiers, there are other areas of cooperation or relationship. The power sharing relationship This is the first area of the relationship among the tiers of the government in Nigeria.
Each of the tiers has a type of an important list. There are three types: The exclusive list can be considered as a symbol of power.
Federal government of Nigeria - Wikipedia
The RMAFC has suggested that, for the next twenty years, no tier of government should borrow money; but this call is unlikely to be heeded. Each level operates relatively autonomously. However, years of military rule, with its hierarchical character, seem to have robbed the current federation of its pyramidal structure. Some Nigerians have argued that the excessive centralization of political and financial powers under military regimes has encouraged the federal government to take adventurous excursions into areas such as rural development e.
Under the distribution of powers in the Constitution Nigeria is a centralized federation with strong unitary elements.
Currently, there are complaints about the overcentralization of power in the federal government the product of long periods of military rule. Their argument is one of subsidiarity: While Governor Tinubu of Lagos has argued for a state police force, Governor Dariye of Plateau State cannot imagine spending his meagre resources on maintaining a large force.
Similarly, there is a general outcry from subnational units over the current revenue allocation formula. However, there is a general view among Nigerians that there is a high level of complacency among the three tiers of government over revenue generation.
By statutory allocation from the FA accounted for between 46 percent to 95 percent of the annual budget of states. Only the states of Lagos and Kano generated up to 40 percent of annual budget revenues from internal sources. The situation has gotten worse, even though a few states are making some positive efforts to generate funds from internal sources.
This is because each government is heavily dependent on the statutory allocation from the FA, which is predominantly petroleum-based. Furthermore, many Nigerians are unhappy about the pattern of imprudent expenditure at all levels of government.
Also relevant is the gap between constitutional provisions and the operation of the federation. An illustration of this is the election to local government councils, which was due to be held in December No elections were held until the expiry of the term of these councils in Maypartly because state governors and the ruling political parties did not want new elections at this level. As an interim measure, and contrary to the constitutional provisions, state governors and the president met and decided on interim local government administrations under caretaker committees.
This action was taken in spite of the advice of the federal attorney-general regarding the unconstitutionality of such an action. Shortly afterwards, the president announced a panel to review the local government system, yet another action regarded by many legal experts as unconstitutional.
Eventually, elections to local government councils were held in Aprildogged by complaints of electoral malpractice. Unfortunately, the absence of elected local government councils gave some state governors the opportunity to appoint their political minions in a caretaker capacity.
More disturbing still are the allegations that many state governors have diverted statutory FA allocations from local government councils to state coffers. This has hindered the level of development at the local, or grassroots, level, where most Nigerians live.
The first period is ; the second is ; and the third is While the federal system in Nigeria was introduced inthe country did not become independent until The impact of mutual suspicions and fears among ethnic and geo-ethnic groups in the terminal colonial period affected the distribution of powers among the three tiers of government. The regions were more autonomous than they were at the terminal colonial period; that is to say, the autonomy of the regions increased after independence. Agriculture and education except postsecondary were on the residual list.
On the concurrent jurisdiction list was the maintenance of law and order. The and Constitutions had regional constitutions appended to them.
In the operation of the federation, the regions often displayed their autonomy in various ways. Each region had a deputy high commissioner or regional agent in London who operated as though he represented a different country. In addition, the regions often interfered in areas that were the specific preserve of the federal government such as foreign affairs.
Infor example, Israel gave scholarships to some Nigerian students to study in Israel.
Federal government of Nigeria
While the Eastern and Western Regions accepted these scholarships, the Northern Region rejected them because it did not recognize the State of Israel. Interregional squabbles over the revenue allocation formula, and the allocation and location of industries such as the iron and steel complex under the National Economic Council, were reflections of the intensely centrifugal nature of the Nigerian federation. The North had threatened to secede from the federation in if it did not receive 50 percent of the membership of the Legislative Council in Lagos.
This was followed by two and a half years of civil war, which cost Nigeria an estimated one million lives. After the civil war, General Gowon and his military government embarked on an aggressive centralization of power in order to enable the federal government to keep the country together and to give Nigeria a sense of direction.
Thus from through to the emphasis of successive leaders was on how to strengthen the central government in order to avoid the aggressive centrifugal tendencies of the federation under the First Republic. By the central government had become so strong under military rule that emerging politicians began to complain of federal suffocation of the states.
This centralization became more manifest in when General Sani Abacha, following the incarceration of Chief M. Abiola, the alleged winner of the June presidential election which was annulled Opposition groups especially Yorubas began to push for a sovereign national conference to discuss the future of the Nigerian federation. They opted for a loose federation, like the one that had existed under the and Constitutions. It was in this context that General Abacha convened a national constitutional conference in The result of this conference was a two-volume publication: The draft Constitution, which was never promulgated, revised the legislative lists, giving states functions that they had not had in the and Constitutions.
The Constitution was promulgated on 29 Maythe day the military handed over power to the new civilian rulers. As noted above, even the new rulers had not been able to read in advance the Constitution they were expected to operate and defend.
In sum, the logic of the distribution of powers and responsibilities in the Nigerian federation has involved the desire to strengthen the federal government sufficiently to provide an overarching umbrella under which all groups can be accommodated. Like all federations, Nigeria has had to make adjustments. Often the federal pendulum has tended to alternate between two extremes, depending on whether the pressure was coming from centrifugal or centripetal forces.
The greatest inspiration for a centripetal federal constitution has been the military, which is always a major contestant in the Nigerian power equation. Successive military leaders have clearly pointed out that, if Nigeria is not to experience a repetition of its fratricidal war of the late s, then it must have a strong federal government - strong enough to be interventionist and to keep the country together.
This was partly why General Gowon25 opted for a federation with a strong federal government, and why General Murtala Mohammed and his team preferred a presidential rather than a parliamentary system of government. They wanted to avoid a politically split executive which they felt was a danger in a parliamentary systemand they believed that a presidential system would be more likely to provide effective leadership.
Since the civil war the objective in the distribution of powers has been to strengthen the federal government politically and economically in order to enable it to intervene in essential policy areas and to keep the country together.
At the same time, behind the distribution of powers and responsibilities lies the principle that each tier of government has political, social, and economic obligations.
While the federal government has the cardinal responsibility for the security of the state and of lives and property, each tier of government has social welfare and developmental functions. Revenue allocation is a concurrent matter shared by both federal and state governments. Unfortunately, in many essential areas, there have, in practice, been few intergovernmental relations over the past four years.
It should be noted that Nigeria operates as a symmetrical federation. Thus, even with regard to the sharing of FA resources among the states, the federal equality of states has been a cardinal principle.
Since colonial times all changes in the legislative lists have occurred as the result of a new constitution or traumatic changes such as military coups. These have usually had an adverse impact on the polity.
However, Section 9 2 of the Constitution does provide avenues for altering or amending the Constitution. So far, Constitution has not been amended, even though there have been loud demands for its review and the National Assembly has struck a committee for this purpose. While the Supreme Court has interpreted constitutional provisions and, in some cases, has given landmark judgments, the major changes to the distribution of constitutional responsibilities have occurred after a military coup, at which point a new constitution is usually written or the old one amended.
This always constitutes an attempt to bring the Constitution in line with a military mode of governance. Thus, the Constitution was amended only after the January military coup.
The Constitution was replaced by the Constitution, which made drastic changes to the distribution of powers and responsibilities among tiers of government. The Constitution was replaced by the current Constitution on 29 May Currently, the National Assembly has a constitutional review committee mandated to review the Constitution. Given that the political process is regularly punctuated by military coups, a legislative culture of making non-military amendments to the Constitution is yet to be adequately established.
Indeed, while the National Assembly Constitution Review Committee is currently working on possible amendments to the Constitution, there have been demands from some sectors of the society for a national conference leading to a new constitution - one that would be owned by the people.
An Overview The year marked the definitive federalization of Nigeria. In that year the Nigerian Marketing Board was regionalized and regional executives and legislatures began to operate. The Constitution was different from the Constitution, especially as it provided for a federal arrangement with two legislative lists: All subject areas not covered by the two lists were residual and were reserved for the regions.
Relationship between the three tiers of government in Nigeria ▷ salonjardin.info
In the event that federal law conflicted with regional laws, the former was to take precedence. The Constitution presented sweeping concessions to regionalism.
It provided for a weak federal government as it reserved for the regions an extensive range of matters not included in the exclusive federal and concurrent lists. Regions became semi-independent entities, each with an independent judiciary, a civil service, and other organs of government.
As mentioned above, the Independence Constitution of gave the federal government exclusive legislative powers over forty-four items, including defence, external affairs, aviation, currency, Lagos affairs, customs, mines, external borrowing, and shipping. Twenty-eight items were placed on the concurrent list, and these included the judiciary, police, health, the civil service and higher education. However, the regions were granted a large measure of autonomy in all matters outside the exclusive and concurrent lists, and were empowered to maintain good government and law and order.
The Republican Constitution of did not really make changes regarding distribution of powers between the federal government and the regions. As inSection 64 4 stipulated that, when a regional law conflicted with a federal law, it was the federal law that was to take precedence.
But there were other provisions relating to emergency powers and the creation of states. Under Section 65 of the Constitution, the federal legislature had the power, at any time, to make laws for Nigeria or any part of it on all matter whatsoever for the purpose of maintaining or securing peace, order, and good government during any period of emergency.
This meant that, in spite of the constitutional distribution of powers, the federal government could usurp the powers of the regions in order to make laws during emergencies. In the federal government declared a state of emergency in the Western Region and appointed an administrator for that region. This process actually started in with the fragmentation of the regions from three into four.
This was augmented from 4 into 12 infrom 12 into 19 infrom 19 into 21 infrom 21 into 30 inand from 30 into 36 in As noted, since all the military regimes in Nigeria have pursued the idea of a federation with a strong central government organized hierarchically to coincide with the command structure of the military. The military took a number of actions that led to the centralization of political authority in the Nigerian federation.
Subsequently, however, Decree No. The above decree, no doubt, placed limitations on the powers of the new states. The Constitution simply consolidated this process of centralization. The powers of the federal government were extended to matters that had previously been exclusive to the regional governments. Let me provide an illustration. In the exclusive legislative list the Constitution listed sixteen items that had been within the concurrent competences of both federal and regional governments under the and Constitutions.
These items included arms, ammunitions, and explosive; prisons; bankruptcy and insolvency; commercial and industrial monopolies; combines and trusts; registration of business names; registration of tourist industry; labour as well as professional occupations; regulation of political parties; census; and public holidays.
The Constitution nevertheless recognized the autonomy of states. Still, the federal government was allowed to take over the executive functions of the state during emergencies, while the procedure for declaring a state of emergency made for minimal interference.