1999-Constitution
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On Friday, March 17, 2023, President Muhammadu Buhari approved and enacted 16 of the 35 Constitution Amendment Bills that had been ratified by both the national legislature and more than two-thirds of the state assemblies, adhering to Section 9(2) of the 1999 Constitution.
According to Section 9 (2) of Nigeria’s Constitution, “A law enacted by the National Assembly to amend this Constitution—excluding those covered under Section 8 of this same Constitution—cannot be adopted in either chamber unless at least two-thirds of all the members in that particular chamber support it. Additionally, such a proposed amendment must also receive approval through resolutions from over two-thirds of all state assemblies.”
Among the significant bills approved by the former president under the Fifth Amendment Acts were provisions granting financial autonomy to state legislatures and judiciary bodies; transferring control over railways from the exclusive legislative list to the concurrent one; empowering states to produce, transmit, and distribute electricity within regions serviced by the national grid; mandating that the President and governors must present nominees for ministerial or commissioner positions to the Senate or state legislature for approval within 60 days after assuming their posts; and directing government policies toward upholding the right to food and food security in Nigeria.
The enactment of these groundbreaking laws occurred during a crucial juncture in Nigerian history. In recent times, demands for power decentralization—nay, genuine federalism—had reached such high levels that they were impossible to overlook. It’s somewhat perplexing how the president’s approval of these pivotal pieces of legislation largely escaped notice among most Nigerians, potentially marking yet another misstep by the previous government. This occurrence coincided with persistent long lines at gas stations and ATMs across commercial banks due to fuel shortages and severe cash deficits. Adding insult to injury, this presidential endorsement happened just before gubernatorial and state house assembly elections, when the country was engrossed in what felt like another critical political showdown.
Similar to other nationalist organizations in Nigeria, this newspaper seems to have voiced its concerns repeatedly about the necessity for power decentralization and a return to the comprehensive federal system of the First Republic. In several editorials, we previously stated in part:
The British government did not believe that a nation encompassing extensive territories and comprising various ethnic groups with distinct histories, tongues, and customs could sustain governance through a central authority indefinitely. Hence, when the colonial Nigerian governor, Sir Arthur Richards, introduced the concept of federalism prior to announcing the Richards Constitution in 1946, he expressed this notion rather indirectly: ‘It would be necessary to establish a political framework … where these varied components can advance at different paces harmoniously and seamlessly toward greater integration economically, socially, and politically without compromising the core values and aspirations embedded in their differing lifestyles.’
The federal structure passed down to Nigeria through the Lyttleton Constitution of 1954 and the Independence Constitution of 1960 represented a balance struck between the divisive and unifying forces present across various Nigerian regions. In 1954, esteemed leaders such as Nnamdi Azikiwe, Obafemi Awolowo, and Ahmadu Bello opted for a comprehensive federated system as the foundation of their national identity.
Certainly, the move initiated by General Aguiyi Ironsi’s military government through Decree 34 of 1966—commonly referred to as the ‘Unification Edict’—to discard the heritage of federalism sparked violent uprisings in the Northern region. This series of incidents eventually resulted in a protracted and expensive three-year-long civil conflict.
Successive military regimes gradually dismantled the federal system. The current unitary framework masquerading as federalism, wherein everything ultimately leads back to Abuja, cannot endure. This paradoxical situation—where an increase in revenue from crude oil sales correlates with greater poverty among the populace—is largely due to our abandonment of the federalist principles established by Nigeria’s founders. These foundational tenets were based on fiscal federalism, ensuring that every region or state benefited directly from resources they generated. In fact, substantial progress occurred across these regions during those times when genuine federalism prevailed.
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