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National Dialogue and Constitutionalism (I)

In all of the previous, dialogues, debates and conferences, review drives and drivels  that have taken place in this country since 1966—and as previously narrated…

In all of the previous, dialogues, debates and conferences, review drives and drivels  that have taken place in this country since 1966—and as previously narrated by my friend Haruna Mohammed in his syndicated column of October 16, 2013–, it is the ‘trueness’ or functionality of our federalism that is at stake. Many questions trail us as a nation. What is in us that will not make us able to work a federated constitution? Is it our size? Is it our population? Is it the absence of visionary leadership with a political will to make it function? The United States of America, which has a larger landmass than Nigeria and nearly twice her population, grew a Constitution on existing, solid and strong federal structure of fifty states. Canada gave a constitutional cloak to its federal state of ten provinces and three territories with constitutionally stipulated, clearly distinct and working devolution of powers among the structures. The provinces are responsible for health, education, energy infrastructure, jurisdiction, over resources within the borders of the provinces and welfare, while the federal government is responsible for international relations, issues that are inter-provincial in nature, uranium and nuclear power, aboriginal matters and defense. The three territories have responsibilities specific to them, vide, public lands, waters, forests, mineral resources (for the Yukon territory); forestry management for northwest territories with on-going negotiation for the transfer of land and resources and the Nunawat  territories to manage natural resources after devolution. Cases of violation and abuses by the Federal over provinces and by the provinces over territories are stated as unlikely, and in any case, the Supreme Court ensures compliance and redress. What happened between the Federal government and Lagos and the rabid violation of Supreme Court ruling in that case would be unspeakable in Canada. Were there such clear demarcations and Agreements as exist in Canada in Nigeria over land use and land ownership, the whole resource control brouhaha and the ‘sharing mentality’ that have paralyzed our economic diversification initiative would have come to naught.
Now, in thinking along the critical essence of working out the President’s composition of a Committee to provide a pragmatic template for the national conversation or dialogue, and along the thoughts stated above, and since he has now given a direction that he will follow in the implantation process of the outcome of the National Conference, ( the National Assembly will conclude the matter and marry it with the Constitutional Amendment it is embarking upon), I propose a constitution with strong, inviolable federated structures, Senator Abe offered some proposals worth poring over. He stated  that we need to unbundle our present federated structure and create smaller, more effective and efficient units; ‘Let us unbundle Nigeria, let us restructure the country to create more efficient units in the states with true freedom and the resources to mobilize our people and plan for the future. We will then have a federal government that will be smaller, more efficient and more effective in its more limited functions as a regulator and enforcer. Taking more resources to the states creates an immediate advantage. Contrary to the fears being expressed in non- oil producing states, unbundling will not affect current revenue profiles. On the contrary, all states will get more from our oil revenues because along with the transfer of several federal functions to states will also come a massive reduction in the federal share.’
Well, from what I have said above about Canada and America, the problem is not with the size of our country or the unwieldy nature of our federated units. Thirty six states and a federal capital territory are not unmanageable. We could do with fewer though. Neither are 774 local governments too numerous. Again, we could reduce it based on other superior considerations other than mere size. We need to discuss this further during this fresh exercise.
The problem, as things stand, are traceable, in part, to what this public analyst stated earlier; the sharing mentality of a consumption-bent governing elite and an uncreative, and unproductive economy, which is market-oriented without all the instrumentalities and infrastructures to work that economy.
 Abe asserts further that ‘The Nigerian federation is not working and cannot work in its present form because we have a sharing federation. A lorry cannot fly, for the simple reason that it is not designed to fly. In the same vein, the Nigeria federation cannot succeed as a productive nation because it is not designed to produce. Nigeria needs to be unbundled to create a productive federation where all parts can produce and contribute not equally but in equal strength.’
As the states are presently composed, they cannot work. They are created largely based on political expediencies.  Let me give an example. Less than ten percent of  the states created for us today can provide the basic tools, resources and capacities for self-sustenance, if their shares of the crude from the federated accounts are unavailable. There are states that will be unable to run their bureaucracies, not to   talk of running schools, hospitals, health care and even paying salaries unless money comes from the centre. There are states in Nigeria today that have not been able to work our strategies for running effective and efficient taxation regimes or generating revenue from internal sources. Their creativity has been numbed or killed by easy money being shared from crude oil, which is a perishable extractive resource. Now, in spite of Canada’s abundant natural resources endowment- as the world’s six largest producer of oil with 3 million barrels a day, as well as harbouring the world’s third largest oil reserves; the second largest producer of uranium, the third largest producer of hydro power and natural gas; owning nuclear power technology, Canada still generates 76 per cent of her annual revenue from public service sector, mainly from taxation. Everything is taxed in Canada. If you buy a pint of beer in Canada, you will pay about 8% tax. Don’t forget, taxation compels accountability and responsibility in governance. Let us have a proper federating units with a slimmer and less opulent central government and let each unit seek its survival mechanism, using its god-given and man-created resources and endowments to grow its economy and make constitutionally agree rate of return to the centre. This cut-throat, killed-or -be -killed race for power at the centre will be less murderous.

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