FEDERAL/STATE CONSTITUTIONAL ISSUES IN NIGERIA BETWEEN 1979 - 1903: THEIR GENESIS, EVOLUTION AND SOLUTION
FEDERAL/STATE CONSTITUTIONAL ISSUES IN NIGERIA BETWEEN 1979 - 1903: THEIR GENESIS, EVOLUTION AND SOLUTION
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Date
2014-03-24
Authors
ANOZIE, MIRIAN C.
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Abstract
This thesis aim at discussing the major problem of
federalism in Nigeria under the Presidential Constitution
which stems from the lack of proper understanding among
the leaders of the principle behind the federal system, as
manifested in the intense rivalry, confrontation, conflict
of interest and difference of opinion between the Federal
and State Government that characterised the Second Republic,
The autonomy of each tier of government was misconstrued to
mean competition and confrontation, with each trying to
frustrate the other, whereas the conception underlying
the system is that the federal and State Governments
are mutually complementary parts of asingle governmental
mechanism, federalism demands of them co-operation with one
another in order to promote the welfare of the people through
their combined efforts. To the common man living within the
territory of a State, it is a matte* of little or not importance
which of the two governments operating there has the constitut
ional power to provide a particular service. Since the two
must have between them the necessary power it is legitimate
for him to expect them to co-operate in looking after his
welfare.
Conflicts between the two tiers of governments manifested
in various areas, i.e . the non acceptance of the Presidential
Liaison Officers by some State Governments, the use and control
of the police, the controversy over the revenue allocation
formula, the refusal of some State Governments to make land
available to the federal Government for the building of the
low cost housing units and the control of the mass media.
But of all the confrontational stance of the State Government
towards the Federal Government the most obvious was the
demolition by the Oyo State Government of houses under
construction at Ibadan by the Federal Government in order
to solve the accomodation problem of the people of the State, •
on the flimsy excuse that the land on which the houses were
being built had not been granted to Federal Government,
The use and control of the police was the source of much
rancour and confrontation. There was the dispute about the
constitutional propriety of the adaptations made by the President
in the Public Order Act 1979-
The revenue allocation formula enacted in 1981 generated
a lot of controversy. The whole exercise was politicised. The
non - NPN controlled States averred that the Federal Government
manipulated the membership of the Joint Finance Committee appointed
to resolve the difference between the formulae recommended by
the House of Representatives and Senate, to suit their interest,
and that was why they were denied the larger share recommended
for them by the House of Representatives in the final report
of the Finance Committee.
The Federal Government was also involved in this unnecessary
confrontation with some of the State Governments. The jamming
of the television station of Lagos State by the Federal
Government controlled NTA is an example of such confrontation.
The multiparty system adopted by the country during the
Second Republic was responsible for all conflicts and confrontations
between the Federal and State Governments. The State
Governments not controlled by the NPN refused to accept the
leadership of the NPN Federal Government and felt
that the only way they could score a political
point was to frustrate the NBT Federal Government.
This, it should be noted is disastrous for the
political system of a developing State.
Ways by which the confrontations and conflicts
could be reduced considerably or eliminated completely
have been discussed.
Description
A THESIS SUBMITTED TO THE POSTGRADUATE SCHOOL,
AHMADU BELL0 UNIVERSITY IN PARTIAL FULFILLMENT
OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF
LAW (LL.M.)
COPY RIGHT STATEMENT
No part of this Thesis may be reproduced or
transmitted in any form or by any means without
permission.
Keywords
FEDERAL, STATE,, CONSTITUTIONAL,, NIGERIA BETWEEN,, GENESIS, EVOLUTION