An analysis of the federal state relationship

Federal-State Relations

an analysis of the federal state relationship

of the federal-to-state/local relationships were clarified and much of the grants-in- aid The years that are analyzed for the federal and state data represent. FEDERAL – STATE RELATIONS. Cooperative schemes are also vulnerable to High Court interpretation because the concept of 'cooperative. Working papers from the Economics Department of the OECD that cover the full range of the Department's work including the economic situation, policy analysis .

It is also to be taken that such likelihood of the ascendency of federal level over state in respect to financial matters, in other words, means subsidiary of the state to federal over grants, and as such, consequent regulation of state activities by the federal.

Even, ironically, in trying to seek federal 6 partnership to re-stamp or re-launch its rightful statutory place in the federal computation, the state becomes yet more susceptible to subordination under a federal arrangement. Most importantly, it has been found, as Dare notes, that in Nigeria, and indeed in all federations, the citizens could be better served - if both levels of government consulted with each other.

Adamolekun helps to confirm that administrative mechanisms had to be fashioned for assimilating the multiple interactions among the officials of different levels of government, with a view to entrenching certain degree of cohesion. This, therefore, has been the very bases of cooperative federalism. As Elazar helpfully affirms: Whether cooperative federalism was intended by the fathers of the union or not, it was quickly demonstrated to be necessary.

Governments operating in the same territory, serving the same people, generally sharing the same goals and faced with the same demands could not maintain a posture of dual federalism Elazar, Altogether, we are wont to admit that nothing any scholarly mind has thought or confessed about federalism is bunkum entirely.

an analysis of the federal state relationship

Like a gigantic elephant, federalism may confusedly appear amoebaic or chameleonic in definition. No one can ever be perfectly sure or absolutely wrong in testifying his evidence, and if so, nobody should be unnecessarily attacked for doing so. Hence, federalism is a relative term. What should agitate the mind, therefore and as in line with the general intention of this chapter, is the level of the practice or functional amenability of the federal principle in Nigeria, which is usually described as cooperative federalism.

We must point out strictly, however, that in the cooperative sense of federalism, world over, the pendulum of financial power has the peculiarity of not remaining in a state of equilibrium. It rather tends to slope overwhelmingly in the direction of the central government. These and more characterize the federal-state relations in Nigeria. We may therefore need to briefly point out certain dominant factors that shape the course of federal-state relations in Nigeria.

Dominant Factors that Shape Federal-State Relations in Nigeria Most scholars have lavished quantum energy, every now and then, quarrelling with the irregular and convulsive practice of federalism in Nigeria. Others search endlessly for a true federalism, to import or at least 7 smuggle into the country. We believe, however, that certain trends encroach compellingly, time after time, in federal-state relations in the country.

A transparent understanding of such prevailing factors makes for better approximation of the situation. Therefore, effort is made, herein, to classify such factors into two definite spectrums - external and internal factors.

The theory and practice of federalism climaxed and culminated in the West before it was merely redistributed, or naturally trickled down to the lesser orbits.

Whereas, the Nigerian federalism was a direct response to an instinctual fear of ethnic domination Oyovbaire,there may be verifiable evidence that those in fear of domination, that is the acclaimed nationalists, had also wanted a fair design that would guarantee them economic wealth and wellbeing. Federalist enthusiasts like James BuchananBarry Weingast and John Kincaidare equally very optimistic that robust federal systems invariably promote high, long-term economic growth and development.

As a matter of fact: By giving diverse territorial groups and economic agents the relative autonomy to create their own opportunities and resources, both federalism and the market engender the incentives to competition, experimentation, innovation, diversification and adaptation to lead economic productivity, efficiency and prosperity Onwudiwe and Suberu, Having attempted to reconcile federalism with liberalism, the point to be made, however, is that the dynamic patterns and oscillations of the liberal principle have had consuming effects on the federal-state romance in Nigeria.

As we may have to agree, by s, in view of the market failure in the developing world, the dominant liberal paradigm had emphasized the need for active government intervention in economic activity to offset market failures Ake,and later, not before long, by early s, the same liberal paradigm that supported state capitalism, shifted grounds and stood by the new world capitalist order, 8 which was to be renamed neo-liberalism, to imposingly talk of liberalization, privatization, commercialization, deregulation, corporatization free market etc.

The ripples of these outplay are many. The revenue generating capacity of the Nigerian economy became erratic and elastic over period. Such elasticity of national income means constant contest and clamour for altering the predominant revenue sharing models amongst the levels of government in the country, from time to time. We can directly say, that the intrusion of foreign capital and multinational businesses, may have more often than not, been to a considerable extent, the advantage of the federal government.

If that is so, then, the ascendency of federal level over state in this regard, means greater propensity of predisposing the states towards fiscal and financial stewardship to the federal level.

Even, any attempt by the states to seek federal alliance to claim whatever it deems as her rightful statutory due in the federal arrangement, rather makes them more vulnerable and susceptible to subjugation and lasting cajolement. Oil is the soul of Nigeria.

With the production of about 2. This shows that the Nigerian oil has mostly been an external affair. While total gas production is put at 6. This shows that the oil industry is of utmost strategic economic importance to the country.

L-35-Relations b/w Centre & State (Legislative Relations) (Laxmikanth, Indian Polity) Part-1

The oil resource impact more directly and significantly, in a variety of ways, on the fortunes of the fiscal regime in the country. We can recount them. First, the infiltration of multinational oil firms reformed, transformed and reoriented the state in Nigeria into somewhat else - a rentier state. This bulges the disposable coins in the coffers of the federal government. As time prospered, the fear of fiscal manipulation and consequent imperilment leavened serious calls for resource control by oil producing states.

Thereafter, revenue sharing parameters are, necessarily, redrafted without end. Second, oil revenue largely accounted for the segmental development of major cities in the country - Abuja, Lagos, Kano, etc, with enhanced business environments, companies built and foreign investments primitively concentrated.

This, unknowingly to them, bred sweeping inequities across the nation. What this means is that people at other overlooked settings become more consciously aware, u know - alerted over relative deprivation. Ethnic militias, indiscreet armed groups, individuals etc rose, as a matter of conviction of this, to contest their own share of the proceeds from the federal accord. That is why conflict, violence, and criminality against the state, has characterized federal-state relations in Nigeria.

Federal-State Relations

It can be argued again, that the pervasiveness of oil windfall inclines the federal government into a questionable spending spree. Under General Gowon, for example, the country knew nothing important to do with oil money. During Obasanjo regime, the country was very ready to, and actually, paid civil servants in dollars - Okonjo Iweala was an outstanding beneficiary. But that is of little importance here. What one have observed over time is that, with too much disposable petro-Naira sthe federal bureaucracy has ever since been bolstered and fortified financially - I mean, in terms of pay and perks.

an analysis of the federal state relationship

A wide hole was, therefore, inadvertently dung between federal and state employment benefits, even though the employees of the two arms of government have remained under a one national labour union. One should also think that this development has direct link with the struggle over federal jobs, everywhere. Everybody wants to have a juicy share in the big deal.

Federal-State Relations In Nigeria | Victor Chidubem Iwuoha -

This must be the very reason why a lot of political offices were unnecessarily created, duplicated. Perhaps, this too gave rise, consequently, to the introduction of certain palliatives - quota systems, federal character principle etc.

Oppositely and as a reverse effect, these developments have generated annihilating strife, arguments and debates on how to, and actual reordering of federal-state regimes from time to time.

Let us quickly acknowledge this painful truth: Thirdly and finally on this oil matter, the overall impression of the fluctuations and vacillations of the international oil market pricing regime on the economy has not been mathematically approximated for the 10 benefit of public eyes. Neither has what is generally being done with the monies well evaluated.

We then believe so sincerely, that a rise in the international oil market does not merely mean that Nigeria would earn more in excess of its budgetary benchmarks; as this is where they would want our knowledge of it to expire.

But more critically, the two tiers of government have discretionary spending powers over the excess crude fund to be shared. This implies that out of the excess crude fund to be languished, usually in favour of the federal, the federal would have more powers to embark on various discretionary projects, not estimated in the budgets.

The question then becomes, how just would the distribution of such optional federal projects across the various zones be? Has the federal been fair in doing that? All things being equal, even if every other thing has been satisfactorily attended to elsewhere, I strongly contemplate if the South-East roads have damaged enough, to the conviction of the Federal Government, to qualify them to appear in their whitepapers.

In fact, at a point, Ikejiani-Clark was compelled by circumstance to conduct a relevant study - where she quantified the magnitude of federal revenue vis-a-vis federal presence in South-East Nigeria.

For what she saw, she queried: A state of poverty and hopelessness! In terms of infrastructure generally, in the South-East, there is evidence of dilapidation. Deadly gullies connecting nerve centers, long stretch of busy roads without asphalt, bridges long overdue for rehabilitation, are seen everywhere.

Our bias, however, is that even though oil resource has engendered blessing for the country, the people therein are rarely fairly blessed. This caricature of human existence hallmarks the resource allocation conundrum in the country. If a leader is robust in the mind, then he can be very decisive and proactive. Therefore, we may consider it that successive Nigerian leaders have had to nudge or import their personality into their dealings with the states.

According to the erudite scholar; Obasanjo illegally removed Governor Alamieyesiegha of Bayelsa state from office, illegally removed Governor Rasheed Ladoja of Oyo state from office, illegally declared state of emergency in Plateau, illegally suspended the governor of the Plateau state — Joshua Dariye, illegally declared state of emergency in Ekiti state, illegally suspended the governor of Ekiti state — Ayo Fayose, made illegal attempts to unseat Governor Chris Ngige from office, illegally did this, illegally did that, etc see Nwabueze, Simply put, a giant-hearted and forceful leader, like former President Obasanjo, may wield powers, even beyond his confines, to impose, reconcile or personalize his federal ideology upon the country.

Incidentally, some leaders are characteristically neither here nor there, like the incumbent President Goodluck Jonathan who is neither obviously hot nor understandably cool.

For instance, he has confidently created more federal universities to balance the number across the states; he has recruited Anambra into the club of oil producing states Niger Delta ; he has improved the quality of the electoral system; yet, he has failed to create more states as proposed; he has appeared so weak in addressing insecurity in the Northern part of the country, which is fuelled by the Boko Haram sect, not minding its devastating impact on the federal outlook of the country, and so on.

In fact, most analysts believe that Jonathan has comprehensively failed in areas it mattered most pertaining to the sustainability of the Nigerian federal structure and coexistence. However, we can generally infer that a forceful leadership is likely to maintain consistent but chaotic federal-state relations over a long time, and more likely - an over-centralized system.

While a weak and fragile leadership may not sustain a single consistent federal style, and may encourage or promote more of decentralization and fragmentation. It has been variously submitted, for example, that federalism can help deepen, consolidate or improve democracy; by promoting citizenship development through decentralized political participation, more accountability, greater responsiveness of the political process to local interests, more political access to marginal groups - enhancing 12 the quality and density of representation, generating multiple checks and balances for political elite - for more sense of political moderation and accommodation, etc Diamond, A federal principle man, Wheare himself, equally had it in mind that, since federalism is a form of constitutional government, it is, therefore, incompatible with autocracy or totalitarian rule.

His mind, indirectly spoken, is that federalism is a sufficient condition for democracy, and vice versa. His swift attempt to legitimately marry federalism and democracy is captured hereunder: Dictatorship, with its one-party government and its denial of free election, is incompatible with the working of the federal principle.

Federalism demands forms of government which have the characteristics usually associated with democracy or free government. There is a wide variety in the forms which such government may take, but the main essential are free election and a party system, with its guarantee of a responsive opposition Wheare, The confusion emerging from the speculation of the mutuality of federalism and democracy is rampant and pervading, however.

an analysis of the federal state relationship

If we have to be very objective, then we should ask: Even in dictatorial systems, which Wheare feared? Erudite scholars such as JinaduElaigwuOyovbaireSaunders etc, have all granted that it is theoretically and practically possible to have a meaningful federal system in a non-democratic political regime.

In this matter therefore, one is very convinced that both federalism and democracy are cruelly tormented in this country. With the rubber-stamp legislators, compellingly and overwhelmingly in favour of the ruling party.

Can there be any laudable clear cut power checks and balances within the three arms but one party government? In substance, the democratization process in Nigeria was improperly monitored, or guided. The issue is that such hasty infusion of democracy into a state whose prehistoric and aboriginal character has long been perverted into antagonism and incivility, without prior character reformation, is a disastrous oversight. Hence, the inserted democracy was originally, inherently soiled and perverted from the onset.

That is, in its prima contact with the state. In content therefore, democracy would rather mingle good with, or mean anything as well, as other tyrannical and dictatorial forms of governments. Certainly, as Ogban-Iyam concurred, periodic change of government personnel a president and his cabinet or the replacement of politicians by another set of politicians does not sufficiently mean democracy, not at all.

The accident of democracy upon an invincible leadership structure does not satisfactorily wipe off, potentially, such intrinsic, imperious and selfish characters of a despot. What about such persons that killed to ride unto power in a democratic country: Neither could there be any objective witness that they have shaded off their chronic brutal personality. There is already high level stagnation of legitimacy supply from the citizens. This has happened in many ways - calls for sovereign national conferences, revenue allocation crisis, population census crisis, street rallies on democracy days, etc.

These outcomes of a failed democracy, or failed state - have negatively toned, or tuned down the output of federalism in the country. In those days, when there were regional governments, the regions were too powerful. For the fact that each nursed domination fear, the need for amassment of power grew tremendously. Remember, at a time, the regions were engaging in foreign relations. At this period, there was relative weak center - decentralization. Actually, at various times the regions had threatened to secede from the country.

Infor example, the Eastern region was reported by the State House Diary, after the Federal elections, to have threatened to secede Dudley, ; Elaigwu, The regional threats were, however, doused with state creation in the country.

State creation in Nigeria has progressed from: Correspondingly, there were also Local Governments byfrom ; by and later Onimode, This fuels conflicts that would question the utility of the federal pact.

Either that such problematic terms like: Theand Constitutions inadvertently, though, expressly obscures and denies persons who are assumed to be citizens of Nigeria in general, from being seen, treated, and taken as genuine and valid citizens in their various states of domicile other than the respective states of birth.

Section 25 1 a of the Constitution blatantly, unambiguously and assertively stated this about becoming a citizen of Nigeria by birth: This philosophy is dangerously imperfect.

Such practice is not in any way akin to developed countries that federate; wherefore, even Nigerians are elected as premiers as in Canada, and where President Barack Obama, who was born in Honolulu in Hawaii, an island state, became a senator of Illinois, one of the most productive agricultural and industrial states in the United States, outside his immediate state.

In effect, the vertical states in their inward discriminations and protectionist orientations restrict and circumvent other fellow Nigerians from benefitting from their individual finances and functions.

There were also further claims that governments of Enugu, Anambra, Imo, Kogi etc. The negation, even, boomerangs into incessant indigene-settler imbroglio within states Plateau, kwara etc. Therefore, whichever one in vogue, at whatever time, harbours the quarrelsome issues of contention and determines the channel of federalism in the country.

Power is, therefore, the mostly contested element in human history. The swing of power, particularly in a composite state, is an essential and quintessential ingredient for determining the sustainability of the nature of power to be retained at the center. All channeled to the violation of the legitimacy of the regime in power. A widespread fear of exclusion and marginalization, which pushed Niger Delta militants into criminality, terrorism, Armageddon and so on, against the government, was largely put to eternal rest a 16 little while after a promising brother from Bayelsa — Dr.

Goodluck Jonathan ascended power. Again, it has been suggested and settled in literature that the ethno- regional character of the major political parties, NPC for example, fatally contradicted and undermined the increasing centralization and integration of the Nigerian federalism, particularly in the First Republic.

In other words, political parties have the potency of swaying the balance and tranquility of federalism by imposing their philosophical and ideological biases and sentiments upon the federal solution. What we are to say again, is that, the varieties of religious, socio- economic, political, environmental, cultural, historical, ethnic and philosophical peculiarities that symptomize a pluralist society impinge, rather than enhance, the federal deal. More especially, the infusion of a federal framework into a primitive and convulsive economy is enough alibis for the country to run amok.

More or less, the often wrongly hoped - unity in diversity, is only but a mere original intention of federalism. However, people are not all that indolent and docile. Pathologies Models Features of Federal-State Relations in Nigeria, — till Date a Dualistic Federalism - The Era of Ethnic Perversion and Partition Dualistic Federalism refers to a period in the evolution of federalism in which the demands of sub- national units for autonomy and differentiation are strong Elaigwu, Here, as at this period, the forces of centrifugalism arrogantly challenged that of centripetalism.

However, the emergent political leadership at the center, made brave attempts to centralize political power and belittle the efforts of the regions. This was a period in which the virgin federal principle was placed on test-run.

Fundamental structural irreconcilables - primarily of ethnic differentiation, worked hard to scissor the British federal exercise in the country.

This amendment, along with the Fifteenth and the Twenty-fourth, has largely restricted the authority of the states to determine who can vote and where they cast their ballots. The courts have directed how state and local authorities draw their congressional, legislative, and school-board district boundaries. In recent years, the Supreme Court limited the powers of the federal government in favor of the states.

Lopez held that Congress cannot prohibit guns in the area around a public school under the commerce clause. The Court also upheld Oregon's "death with dignity" law, which allows the terminally ill to end their lives, against a federal challenge, in Gonzales v.

The role of Congress Legislation can compel states either directly or indirectly to take action they otherwise might not take.

an analysis of the federal state relationship

Again, civil rights provide a pertinent example. The Voting Rights Act intruded on the constitutional power of the states to set voter qualifications by challenging the literacy tests and poll tax that were used in the South to get around the Fifteenth Amendment.

A wide range of environmental laws establishes requirements for air and water pollution control and the disposal of hazardous wastes to which states and municipalities must adhere. These are examples of mandates. Congress may also threaten to cut off funds if states do not implement a particular policy.

Although a law forcing the states to establish 21 as the minimum drinking age or 55 miles per hour as the maximum highway speed might be unconstitutional, Congress can and did threaten to cut off federal highway funds to states that did not comply with the two limits.

  • The role of the courts
  • Federal-State Relations

This is known as a condition of aid. The role of funding policies The most powerful tool the federal government has in its relations with the states is money.

A grant-in-aid is funding provided by the federal government to the states or municipalities. The earliest federal grants were land. Under the Morrill Actthe states received large tracts of land for the specific purpose of establishing agricultural and mechanical colleges still known as land-grant colleges.

A categorical grant earmarks funds for a specific purpose.