Agbakoba Writes Senate on Devolution of Powers, Argues Nigeria’s Peculiarities Require New Model
Civil rights activist and former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN), has written to the Senate asking the Upper legislative chamber to consider a devolution of the nation’s federatng units for the purpose of achieving stronger Nigeria.
Agbakoba in the letter to the President of the Senate, Dr. Ahmad Lawan, argued that there is “no one-size-fits-all kind of “true federalism,” proposing that Nigeria needs to choose her model in view of her peculiarities.
He called on the Senate to review the exclusive and concurrent lists of 98 items to give more powers to the states, adding that the states have remained powerless following the lopsidededness of the legislative lists.
According to him, a devolution of the nation’s federating units was capable of addressing issues that have beset the country, saying he was ready to appear before the upper chamber to give more light to his proposal.
He called on the Senate to set up a committee on a review of the 98 items on the exclusive list for the purpose of assigning to the federal government and states what is best for them.
Part of his letter to the Senate reads, “Nigeria has been long engaged in the federalism question. It is clear that because of our diverse nature and large size, the political system best suited for Nigeria is a federal system.
“But the challenge has been what type of federalism. Many proposals, including restructuring, have been put forward without success. I believe there is a simple solution. This is the devolution of powers.
“The constitution has two legislative lists namely, exclusive and concurrent. These lists have 98 items of powers. The federal government exercises exclusive power over 68 items on the exclusive list. The states in concurrence with the federal government, exercise power over 30 items on the concurrent list.
“But the states may only exercise power on the concurrent list, only if the federal government has not already ‘covered the field’ on any of the 30 items. In effect, state governments really have no power.”
“I also suggest the exclusive list and concurrent list be renamed as the federal legislative list and state legislative list. The federal government will exercise reserved powers. The states will exercise devolved power.
“Some models have interlocking features where the principle of cooperative federalism enables the federal and state governments to jointly share heads of legislative powers.
“I enclose a copy of the book as I believe it will be of value to the National Assembly. In truth, the concept of true federalism is a myth and does not exist. Every nation chooses its form of federalism.
“I have enclosed a draft schedule of how powers can be devolved from the federal government to state governments.
“In my opinion, the simple process of devolved powers can be by virtue of an enactment styled, constitution alteration (devolution of powers) bill. This will resolve the self-imposed complex issue of restructuring.”
Agbakoba in the letter to the President of the Senate, Dr. Ahmad Lawan, argued that there is “no one-size-fits-all kind of “true federalism,” proposing that Nigeria needs to choose her model in view of her peculiarities.
He called on the Senate to review the exclusive and concurrent lists of 98 items to give more powers to the states, adding that the states have remained powerless following the lopsidededness of the legislative lists.
According to him, a devolution of the nation’s federating units was capable of addressing issues that have beset the country, saying he was ready to appear before the upper chamber to give more light to his proposal.
He called on the Senate to set up a committee on a review of the 98 items on the exclusive list for the purpose of assigning to the federal government and states what is best for them.
Part of his letter to the Senate reads, “Nigeria has been long engaged in the federalism question. It is clear that because of our diverse nature and large size, the political system best suited for Nigeria is a federal system.
“But the challenge has been what type of federalism. Many proposals, including restructuring, have been put forward without success. I believe there is a simple solution. This is the devolution of powers.
“The constitution has two legislative lists namely, exclusive and concurrent. These lists have 98 items of powers. The federal government exercises exclusive power over 68 items on the exclusive list. The states in concurrence with the federal government, exercise power over 30 items on the concurrent list.
“But the states may only exercise power on the concurrent list, only if the federal government has not already ‘covered the field’ on any of the 30 items. In effect, state governments really have no power.”
“I also suggest the exclusive list and concurrent list be renamed as the federal legislative list and state legislative list. The federal government will exercise reserved powers. The states will exercise devolved power.
“Some models have interlocking features where the principle of cooperative federalism enables the federal and state governments to jointly share heads of legislative powers.
“I enclose a copy of the book as I believe it will be of value to the National Assembly. In truth, the concept of true federalism is a myth and does not exist. Every nation chooses its form of federalism.
“I have enclosed a draft schedule of how powers can be devolved from the federal government to state governments.
“In my opinion, the simple process of devolved powers can be by virtue of an enactment styled, constitution alteration (devolution of powers) bill. This will resolve the self-imposed complex issue of restructuring.”
FOLLOW US
About Post Author
