Law as a Vehicle for Good Governance and National Integration in Nigeria (Part 8)
Essay
By Prof. Mike Ozekhome
Introduction
IN the seventh part of this treatise, we reviewed the mechanisms for fostering good governance and national integration in Nigeria such as federalism, amalgamation, Nigerianization/indigenization, States creation, the land Use Act, the NYSC Act and Constitution, after which we delved in Non-performing Government Functionaries. Today, we shall continue and conclude on Non-performing Government Functionaries – the Federal Character Commission, the National Orientation Agency. We shall then examine the status of Abuja as the nation’s capital, as well as the National Policy on Tertiary Education and Unity Schools. Please read along.
Non-Performing Government Functionaries (Continues)
National Orientation Agency (NOA)
The National Orientation Agency has also proved to be critical change agents mid-wifed by the law which have contributed to the ongoing effort at welding the different constituent parts of Nigeria into a seamless whole. Amongst others, the functions of the Agency (vide section 3(1) of the enabling law) are:
i) to establish social institutions and frameworks for deliberate exposure of Nigerians to democratic norms and values for virtue, peaceful, united, progressive and disciplined society;
ii) energise the conscience of all categories of Nigerians to their rights and privileges, responsibilities and obligations as citizens;
iii) orientate the populace about power, its use and the proper role of the Federal Government in serving the collective interest of Nigerians.
The Federal Character Commission (FCC)
The Federal Character Commission Act, Cap.F.7, LFN, 2010 aims to foster national integration through the provisions of section 4(1)(a)-(g) which outlines the functions of the commission, thus, inter alia;
(1) The functions of the Commission shall be‐
(a) to work out an equitable formula, subject to the approval of the President, for the distribution of all cadres of posts in the civil and the public services of the Federation and of the States, the armed forces, the Nigeria Police Force and other security agencies, bodies corporate owned by the Federal or a State Government and Extra‐ Ministerial Departments and parastatals of the Federation and States;
(b) to promote, monitor and enforce compliance with the principles of proportional sharing of all bureaucratic, economic, media and political posts at all levels of government;
(c) to take such legal measures including the prosecution of the heads or staff of any Ministry, Extra‐ Ministerial Department or agency which fails to comply with any federal character principle or formula prescribed or adopted by the Commission;
(d) to work out‐ (i) an equitable formula, subject to the approval of the President, for distribution of socio‐economic services, amenities and infra structural facilities; (ii) modalities and schemes, subject to the approval of the President, for redressing the problems of imbalances and reducing the fear of relative deprivation and marginalisation in the Nigerian system of federalism as it obtains in the public and private sectors; etc.
These provisions are complemented by the Guidelines, Principles and Formulae for the Distribution of all Cadres of Posts, a subsidiary legislation made pursuant to Section 4(1)(a) of the parent FCC Act referred to above. Paragraphs 1, 2, 3, 4, 5, 6, 7 and 8 of Part 1 of the Guidelines provide thus, respectively;
1. Each State of the Federation and the Federal Capital Territory shall be equitably represented in all national institutions and in public enterprises and organisations.
2. The best and most competent persons shall be recruited from each State of the Federation to fill positions reserved for the indigenes of that State or the Federal Capital Territory.
3. Once a candidate has attained the necessary minimum requirement for appointment to a position, he shall qualify to fill a relevant vacancy reserved for indigenes of his State or the Federal‐Capital Territory.
4. Where the number of positions available cannot go round the States of the Federation or the Federal Capital Territory, the distribution shall be on zonal basis but in the case where two positions are available, the positions shall be shared between the northern and the southern zones.
5. Where the indigenes of a State or the Federal Capital Territory are not able to take up all the vacancies meant for them, the indigenes of any other State(s) or the Federal Capital Territory within the same zone shall be given preference in filling such vacancies. Provided that where the zone to which the preference is given fails to take up such vacancy the indigenes from any other zone shall be considered for the appointment.
6. Each State shall produce 2.75 per cent of the total work force in any Federal establishment while the Federal Capital Territory shall produce 1 per cent for the indigenes of the Federal Capital Territory provided that the Commission may adopt a range so that the indigenes of any State of the Federation shall not constitute less than the lower limit or more than the upper limit of the range as set out in paragraph 12 (a).
7. In the case of distribution on zonal basis the Commission shall adopt another range such that the indigenes of a particular zone shall not constitute less than the lower limit or more than the upper limit of the range as set out in paragraph 12 (b).
8. The six zones shall each consist of the following, that is‐
(a) North Central Benue, Federal Capital Territory, Kogi, Kwara, Nassarawa, Niger, Plateau;
(b) North East Adamawa, Bauchi, Borno, Gombe, Taraba, Yobe;
(c) North West Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto,Zamfara;
(d) South East Abia, Anambra, Ebonyi, Enugu, Imo;
(e) South South Akwa lbom, Bayelsa, Cross River, Delta, Edo, Rivers;
(f) South West Ekiti, Lagos, Ogun, Ondo, Osun, Oyo.
Also relevant are the provisions of Paragraphs 3, 4, 5 and 6 of Part 3 of the Guidelines which provide thus, respectively;
Application of partial principles Career Posts‐
(a) the indigenes of a State of the Federation shall constitute not less than 25 per cent or more than 3 per cent of all officers including junior staff at the head offices of any national institution, public enterprise or organisation. In the case of branches or local offices, not less than 75 per cent of these categories of staff shall be indigenes of the catchment area;
(b) where the number of vacancies are not sufficient to go round the 36 States of the Federation and the Federal Capital Territory the vacancies shall be shared among the zones such that the indigenes of a particular zone shall not constitute less than 15 per cent or more than 18 per cent;
(c) within a zone, the indigenes of a particular State shall not constitute less than 12 per cent or more than 15 per cent in the case of North Central and North West; not less than 15 per cent or more than 18 per cent in the case of North East, South South and South West; and not less than 18 per cent or more than 22 per cent in the case of South East;
(d) appointments into the leadership of all Ministries, departments, full‐time commissions, public corporations and tertiary institutions, the armed forces, police and other security agencies shall be done such that each State or zone shall be represented equitably in accordance with the appropriate formula. 4. Equitable and proportional representation of leadership in Federal Ministries The leadership of Federal Ministries shall comprise the Permanent Secretary, Directors, Deputy Directors and Assistant Directors, and equivalent positions in other relevant agencies and shall be such that they do not come from the same zone. At the level of Director down to Assistant Director, there shall be an equitable and proportional representation of both the zones and the States of the Federation within each zone.
Nation’s Capital (FCT)
The geographical placement of a nation’s capital has a critical role to play in national integration. The capital of Nigeria was Lagos; but same was moved to Abuja in order to cure tribal sentiments and upheavals. A nation’s capital should not be at the exclusive or dominant preserve of a particular tribe. Hence, the relocation of the capital to Abuja.
Bulama noted that, the underlying tribal considerations were vividly enunciated in the Report of the Committee on the location of the Federal Capital Territory. The report stated inter alia that:
There is no doubt that Nigeria is a federation, consisting of a large number of ethnic and language groups with differing culture and traditions. Now, Lagos is within an area traditionally belonging to one of the major ethnic groups, namely, the Yoruba … In our view, the circumstances of Nigeria demand that the capital be not situated within a city the type of Lagos with strong connection with one of the major ethnic groups.
The Abuja – capital project as a point of national integration has been bastardize by scrupulous elements and rendered almost a sham. Today, complains abounds as to the domination of the nation’s capital by the Northern elites – a “revengeful project.”
National Policy on Tertiary Education (Unity Schools)
Nigerian tertiary education system was another strategy of National Integration. Nigerian Universities were viewed as a means of integrating the diverse interest and identity.
Taking solace from the National Policy on Education, Akpan asserted that for universities to serve as effective instruments for cementing national unity:
(i) The quality of instruction in Nigerian Universities would be improved with a view to further enhancing objectivity and tolerance;
(ii) University development would ensure a more even geographical distribution to provide a fairer spread of higher educational facilities;
(iii) Admission of students and recruitment of staff into universities and other institutions of higher learning would be on a broad national basis;
(iv) Universities would be required to develop teacher and student exchange programmes to improve both inter-university communication and knowledge of the country;
(v) And widespread ignorance among Nigerian groups about each other and about themselves would be remedied by instituting a compulsory first year course in the social organisation, customs, culture and history of the nations and its peoples.
Several years after, the system is mesmerized, as some universities have exceeded their 30% locality quota, and many admitting indigenes of their locality. Therefore, for the university system to be a strategic National Integration factor, internal challenges should be addressed and monitored. (To be continued).
A.
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