What we now know as Nigeria started to evolve in 1861 following the annexation of Lagos as the crown colony and as a result of the gradual incorporation of the contiguous areas and people into the British empire. From the British perspective, the amalgamation was motivated by the desire to pool resources so as to enable the relatively rich territories of the south to assist the north, under the British control. However, while the amalgamation brought together in one polity different nationalities at different stages of political and economic development, no effort was made by the British to give the amalgamated unite a common political orientation.
Federal Character and the 1999 Constitution as Amended
It is trite to say that from the recommendation of Sir Henry Willink’s commission in 1957 the concept of federal character found its way into our constitution at various stages of its development. However, our focus will be based on the 1999 constitution as amended which is regarded today as the current constitution of the Federal Republic of Nigeria.
Section 7 (1) states that the federal character commission shall comprise of the following members:
(a) A chairman;
(b) One person to represent each state of the federation and the Federal Capital Territory, Abuja.
(2) The chairman and members shall be appointed by the president subject to confirmation by the senate. The constitution went further in section 8 of the said Third Schedule to state that “in giving effect to the provision of section 14 (3) and (4) of the constitution, the commission shall have power to
(a) Work out an equitable formula subject to the approval of the National Assembly for the distribution of all cadre of posts in the public service of the federation and of the state, the armed forces of the federation, the Nigerian Police, and, other government security agencies, government owned companies and parastatals of the state.
(b) 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) Take such legal measures, including the prosecution of the head or staff of any ministry of government or agency which fails to comply with any federal character principle or formula prescribed or adopted by the commission; and
(d) Carry out such other function as may be conferred upon it by an Act of the National Assembly.
(3) Notwithstanding any provision in any law or enactment the commission shall ensure that every public company or incorporation reflects the federal character in the appointment of its directors and senior staff.
From the above constitutional provisions it is clear that the federal character concept weighs heavy influence on our socio-political circumference to the extent that a commission is charged with the responsibilities of enforcing the rules and criminalising non-compliance.
It must be noted however that with the seriousness with which the constitution has driven the letters of this concept, its intention is honest and genuine but should we as a country with modern democracy continue in this method given that we have used it since independence and nothing has changed? Is federal character the only available method for appointment into government offices? What about competence? Should we continue to sacrifice competence on the altars of ethnic technicalities? Is democracy a system of government that encourages methods like federal character in its administration? These are the many questions begging for answers.
At a time when Nigeria needs serious reforms and change we should begin this process of change by unbundling federal character principles given that competency is the hallmark of effectiveness. The federal ministers and other government appointments should be based on expertise, competence, integrity and experience; by so doing we will have raised the standard and entrench patriotism through a conscious effort to bring the desired changed to the system. Ethnic and racial considerations will always stand as a clog in the wheel of success. If change must come then we must amend the laws on federal character – a concept that has become obsolete.
About the Writer: Evans Ufeli is a lawyer and the author of acclaimed novel, ‘Without Face’. He is also an Alumni member of the Writers Bureau, Manchester, a highly sought-after conference speaker with a passion for the concept of change. He lives in Victoria Island, Lagos. You can contact him via Facebook: Evans Ufeli, Email: evanylaw@yahoo.com, Twitter: @Evansufeli and Phone: 08037712353. He blogs at
www.ethicsafrica4u.wordpress.com.
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This article was first published on 14th October 2015
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