INTRODUCTION

CITIZENSHIP EDUCATION DEFINED

What is Citizenship Education? Before an attempt is made to define
‘Citizenship Education’, it becomes pertinent to point out what it is not some students
and teachers erroneously claim that Citizenship Education is essentially Government
or History or Social Studies. While they may be partially correct to the extent that the
course comprises aspects of the above subjects, it also incorporates elements of
Sociology, Geography, Political Science and Environmental Science. Indeed
Citizenship Education has a wide reach, embracing a diverse range of disciplines.
Citizenship Education may be defined as a discipline that studies in a
measured dimension the important socio-political and environmental concepts and
phenomena relevant to the well-being of Nigeria. This embracive definition explains
why the course includes topics like National Identity, National Ethics and Discipline,
Constitution, Arms of Government, Environmental Protection etc., as well as sub-
topics like National Symbols, Role of Culture in National Integration, the Rule of
Law, Performance of the Mass Media, Ozone layer Depletion through
Chlorofluorocarbons (CFCS) etc.
Citizenship Education is a measured study of the various concepts and
phenomena within its scope. It is detailed enough to give students a firm grasp of
relevant knowledge and new practical skills. Yet it is not too detailed to pass as an
exhaust theoretical analysis or enquiry into topics being studied.

WHY STUDY CITIZENSHIP EDUCATION?

It becomes relevant at this point to ask why students of different polytechnic
disciplines have to be made to study Citizenship Education. Is the course relevant to
students of art and Design. Architecture, Catering and Hotel Management, Food
Technology, Science Laboratory Technology, Engineering, Computer Science,
Banking and Finance, Accountancy, Business and Secretarial Studies etc.?
The answer to the above question is an emphatic ‘YES’ as can be seen in the
reasons given below as to the need to study Citizenship Education.
First, citizenship Education gives the student knowledge of the Nigerian
constitution. The student becomes acquainted with the concepts and provisions of this
in order to be able to use it to full advantage. knowledge of the constitution is
extremely imperative because it constitutes the fundamental laws and principles or
substructure upon which other laws must be based. For example, the provision of the
Nigerian Company Law, the Legal framework of COREN, the Nigeria Tourism Board
(NBT) etc. must not violate any of the Nigerian Constitution. If they do, they become
null, void and ultra vires.
Second, the course gives the of the social and political institution of his
country. Of what credit is it to an accountant or a qualified science laboratory
technologist who does not understand how the country’s courts operate? He or She
may easily be taken advantage of, by the system
Third, Citizenship Education equips the student with the knowledge of the
structure and function of government. In the Nigerian context, the student is able to
appreciate the country’s three the federal structure, the functions and responsibilities
of the organs of government at various levels.
Fourth, the student is to his rights, privileges, duties and obligation as a
citizen of Nigeria. Knowledge of rights and privileges enables the student to defend

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himself intelligently while that of duties ensures that the laws of the land are not
ignorantly flouted by him.
Fifth, the course helps to imbue the student with the democratic and social
values of Nigeria. By going through the details of the country’s socio-political
development, the student can draw a line between ideals, reality and perversion of
standards, as how this perversion can be resisted. In the process, he captures the
essence of democracy and positive national values.
Sixth, the student becomes conversant with the practical issues of government.
Some of these issues flow from the structure and functions of government. Examples
are how to make the judiciary dispense justice with equity and in good time, how to
ensure no section of the country monopolizes political power, how to reduce the
frequency of coup d’etats, how to have credible transition programmes etc.
Seventh, Citizenship Education exposes the student to ethical standards
required for good citizenship. Once these standards of morality are accepted and
internalized, good citizenship invariably ensues.
Eight, it inculcates the requisite standards and practical skills for maintaining
good environmental health. These result in measures aimed at environmental
protection and conservation.
Overall, it can be seen that Citizenship Education has tremendous value for the
student. No wonder the points explained above were rightly articulated by the NBTE.

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 CHAPTER TWO

CONCEPT OF RULE OF LAW

2.1 CONCEPT OF THE RULE OF LAW

Rule of Law has been given various definitions. To Lord Hewarrt, Rule of
Law is the supremacy or predominance of the law as distinguished from mere
arbitration or from some alternative mode which is not law, of determining or
disposing of the right of individuals”. In Fletcher’s view, Rule of Law is a
fundamental principle of the constitution which implies separation of powers since
concentration of powers in one authority is dictatorship or absolution which,
according to liberal ideas, is political tyranny.
The principle was first enunciated and, emphasized b Professor A. V. Dicey, a
great constitutional lawyer in the 19th century in his book Law of the Constitution
published in 1885. The rule of law means the absence of arbitrary government, that is,
the government should follow the constitution of the country for effective
administration. This principle stresses the supremacy of the law over all other
considerations. This principle of rule of law has the following feature:

1. SUPREMACY OF THE LAW

The notion here is that the law is supreme, in other words, the law of any state
as administered by the ordinary courts, is superior. The assumption here is that the
law of a state is always the final authority. No other institution, not even parliament
which assists in promulgating the law, could claim superiority over the law of the
land. As long as the rules of the law are not- obsolete, they cannot and should not be
manipulated to suit individual or a particular group interest.
The supremacy of the law of a state can also be interpreted in relation to the
process of effecting a change in the law. If the law, as a whole or sections or it, are
either to be repealed or amended, the processes of change should be pursued as
stipulated in the law itself. But, if the processes for change are not pursued as laid
down whatever changes are effected would be unauthorized, unconstitutional and of
no effect. Supremacy of the law also means that the government itself and its
functionaries must recognise and obey the law of the state. The law is supreme in the
sense that its personality, as well as authority, transcends that of any other institution
in the state. Thus, the existence of the rule of law makes it impossible for sovereign
authority or its agencies to possess. absolute or arbitrary powers.
The sovereign is obliged to rule according to laid down principles and must
always be conscious of the fact that every citizen has the political obligation to obey
the sovereign only in as much as the latter keeps to the law. In other words, the
supremacy of the rule of law therefore restrict the actions of individual citizens by
defining the limits of the power granted to those in authority.

2. EQUALITY OF CITIZENS BEFORE THE LAW

All citizens are equal before the laws of the land whatever their status in life.
Thus they should always be accorded, not only recognition, but also equal treatment
before the courts until there is genuine reason to treat them differently. No man is
above the ordinary law and there is one law for all. There should be no differential
treatment for any citizen. In this sense, the rule of law excludes the idea of any
exemption of officials or others from the duty of obedience to the law which governs
other citizens or from the jurisdiction of the ordinary tribunals. In other words, any

3
government official can be questioned for any arbitrary action he takes. No one
should be too powerful or great as to be above the law of the state, their social status,
rank and position notwithstanding.
The Head of State and government functionaries are to be liable for their
misdeeds, even in their official capacities, like ordinary citizens in the

3. PRINCIPLE OF IMPARTIALITY
No one should be punished unless after normal trial in the ordinary courts of
law. The law enforcement agencies-the police, custom officials, border guards, as
well as the court must be seen to be impartial. An accused will be regarded and
treated as innocent until he has been found guilty or convicted by the law courts. It
will be wrong and a sign of arbitrariness if a person is imprisoned or made to suffer in
any form without being tried in any law court. All persons should be tried in the same
type of court and there should be no special courts or tribunals.

4. PRINCIPLE OF FUNDAMENTAL HUMAN RIGHTS

The rule of law presupposes the existence in individuals of certain general
conditions or happiness which are the minimum basis for a satisfactory social life.
These rights are inalienable’ and no government should deprive its citizens of them
except in the interest of the state. In modem times, these rights are stated in the
constitution of most countries. However, these rights can only be preserved if only
there is a belief in them by the great majority of the citizens. The rule of law places
much premium on the citizens, basic individual or personal rights such as right to life,
to dignity of human person, to work, to own properties, to raise and own families, to
fair hearing etc. Also under the law, every citizen is entitled to freedom of speech or
expression and publication, freedom of religion and worship, association, assembly
and public meetings.
The law also has great regards for the right of citizens to be educated, take part
in political activities by selecting their own representatives and by being selected.

2.2 LIMITATIONS TO THE RULE OF LAW

There are certain limitations which impedes the successful operations of the
rule of law either under the military or civilian administration.
1. The principle of equality before the law is impossible. Positions like Head of
states, Judges, Foreign Ambassadors and their staff (diplomats), Minister,
Parliamentarians are all given some privileges and immunities in certain areas
of the law. For instance, diplomats cannot be prosecuted in the country in
which they are residing as accredited preventative of their country. When
foreign diplomats contravene the law of countries where they are accredited,
they are at worst declared personal non grate or sent back to their home
countries. Similarly, parliamentarians are duly protected as far as their
pronouncements and action floor of parliament are concerned. In other words,
a parliamentarians can make any statement on the floor of the house and yet
cannot be prosecuted; so also judges are immuned from legal actions arising
from their judicial functions. Obviously then, equality before the law does not
exist in all cases.

2. The grant of discretionary powers to civil servants, corporation managers and

government functionaries is a negation of the rule of law in practice. As
government activities extend into new fields like town social welfare and

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 public health, education, transport and communication, It has become very
necessary to give government functionaries considerable discretion in the
exercise of their power consequently, government officials have wide power
to make and administer statutory regulation. They can penalize those who
break the regulation thereby interface with the freedom and personal right of
individuals, thus negating the principle the rule of law.

3. According to the rule of law, no one should be punished unless after

conviction the ordinary courts of law. In practice, many people accused of
serious offences are kept in police or prison custody for months or year while
their cases pend in court. Such persons suffer grievous harm health, business
and family life. This also negates the rule of being punished when their guilt
has not been proved by the court.

4. The idea of tribunals or special courts is a negation of the principle of the rule
of law, because, it states that all offences and all people should be tried in the
ordinary Court of the land. The rule of law recognises the right to appeal
against judge of a lower court which special tribunals do not grant against
their judgement. Sometimes, legal representation may not be allowed the
accused.

5. In national emergencies, such as war, disaster, people can be detained

indefinitely without trial. The government may place restrictions on freedom
of speech, movement and association.

6. The Head of State can detain persons in the interest of security, even in normal
time without trial.
7. Poverty, illiteracy and ignorance
8. Type of Government - Military rule, one party rule or autocracy

2.3 FACTORS NECESSARY FOR THE OPERATION OF THE RULE OF

LAW
For the concept of the rule of law to be really functional, certain factors are
important and necessary. They are:
1. The judiciary must be independent: An independent judiciary is a strong pre-
requisite defence for the rule of law. The proceedings of a law court and the
subsequent judgement should not be influence by the state. This is why the
salaries of judges are expected to be paid from the consolidated account.

2. Freedom of the press: A free press is a guarantee to the rule of law. A free
press implies that the mass media must be free to disseminate responsible
information to members of the public. In addition there must be free flow of
communication between the mled and the government on the state of affairs of
the nation. Personal correspondences, telephone conversations etc. must not be
censored by the state.

3. Mass Literacy: There must be a high percentage of literate citizens in the

society. This implies awareness of the law of the land, the rights of the
individuals and the responsibilities of the citizens.

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4. Cooperating State: In any country, the government is the most powerful. The
government can do wrong and may wish to get away with it. This is more
likely in a society with a low level of literacy where not many citizens are able
to challenge the state. So, if the rule of law must be meaningful, government
must be pre-disposed to abide by the principle.

5. Laws must not be kept secret.

6. Trials in tribunals should be made public and legal representation made

available to parties concerned.
7. Provision should be made for appeals from tribunal judgement.

In conclusion, the Rule of law is not a legal term but rather it is a, political
concept and thus when a given government administrator in a given country rules
according to the fundamental laws of the state rather than the whims and caprices of
those who govern, the rule of law is said to be in operation in such a given state.
It is a negation of the rule of law when any government deviates from the
fundamental principles according to which a state must be governed.

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 CHAPTER ONE

NIGERIAN CONSTITUTION

GENERAL DISCUSSION ON CONSTITUTIONS

Man is a social animal. He does not live alone. Rather, he lives in society with
other human beings. In his daily activities, he must interact with other people in order
to achieve his goals in life. In his attempt to achieve his set goals, he must not be a
stumbling block in the wheels of progress of others. For this reason, his activities
must be regulated by laid down rules.
To this end, all human organizations such as social dubs, voluntary
organizations, political parties, churches, students union and even countries have laid
down fundamental rules norms and regulations by which their members are guided.
The documents embodying such rules and regulations are known as the constitution.
A constitution is something like an agreement i.e. a contract which is entered
into by the people who have agreed to be guided by it. It explains in clear terms what
the people can do and what they cannot do as members of an organization. If they
contravene its provisions, they can be accused of having breached the agreement and
they may be punished accordingly
We hear about constitutions everyday. A constitution contains rules made by a
group of people to enable each member of the group to know his duties, powers and
limitations.

1.1 DEFINITIONS
Many definitions had been put forward for the concept, Constitution, by
political scientists and constitutional Lawyers. We shall consider some of these
definitions.

Aristotle, the great political philosopher describes constitution as:

“The arrangement of offices in a state especially the highest of all”
This definition suggests that constitution helps in sharing functions among the
officials of a state and the entire citizens.

Webster dictionary defines constitution thus:

“the fundamental, organic law or principles of government of a nation, society
or other organized body of men, embodied in written documents or implied in
institutions and customs”.

Professor Albert Vain Dicey defines constitution as:

“a document having a special legal sanctity which sets out the framework and
the principal functions of the organs of the government of a given state and declaring
the principle governing the operations of the organs”.

Frank Adigwe in his book, ‘Essentials of Government for West African’

define constitution as”.

“A body of laws which determines how a state is governed. It defines the

structure and functions of the organs of government, declares the principles which
regulate the operation of these organs, and defines the bonds between the citizen and
the state”.

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 To most people, the word “constitution” refers to a specially written
document, which outlines the principles and basic political institutions by which a
state is governed. However, Webster dictionary has shown that a constitution may not
necessarily be in written form, example is the British constitution.

In summary, we can define a constitution as:

“the whole body of fundamental laws, customs, conventions, principle rules
and regulations by which the people had agreed to be governed or organized”.

From this definition, it is clear that the constitution will specify the workings
of a government or an organization, the duties to be performed by its officials, either
elected or appointed, the rights and obligations of its citizens or members etc.

1.2 TYPES OF CONSTITUTIONS

Constitutions can be classified on the basis of some basic characteristics
namely: form, method of amendment, division of powers and the nature of the state.
When constitutions are classified according to their form, we have WRITTEN
and UNWRITTEN types.
When we consider method of amendment or alteration as our yardstick, that is,
the ease with which the constitution can be amended or altered, we have RIGID and
FLEXIBLE types.
If how powers of state are shared among the various Institutions of
government is our yardstick for classification, we have CABINET and
PRESIDENTIAL types.
Finally, when we consider the nature of the state for our classification, we
have FEDERAL, UNITARY, CONFEDRAL AND MONARCHICAL types of
constitution.

WRITTEN CONSTITUTON
A constitution is said to be written when the fundamental laws according to
how a nation or state is constituted and governed are written down in a document,
officially referred to as the constitution. The document or book containing the
constitution can be picked up and read by anybody at any time. Such a person will be
able to know all the provisions made for the powers and functions of the president, the
senators, governors, assembly-men or local government councillors. How they can be
elected, their tenure of office etc are also duly provided for. This is made possible
because the constitution is codified in a single document.
A written constitution is rigid in nature in that, it cannot be easily amended.
The procedure for its amendment may be deliberately made difficult. For instance, the
constitution of Federal Republic of Nigeria (1989) may be amended by the National
Assembly if and only if such an amendment is supported by the votes of not less than
two-thirds majority of all the members of both the Senate and House of
Representatives and approved by resolution of the Houses of Assembly of not less
than two-thirds of all the states. (A very difficult condition).
One of the reasons why the laws of the land are written down is to ensure that
minority interests are protected. Other reasons include: to prevent tyranny and abuse
of powers.
Some of the countries with written constitutions are United States of America,
Nigeria, Ghana, Sierra-Leone and Kenya.

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UNWRITTEN CONSTITUTION
An unwritten constitution is the opposite of a written constitution. If the
fundamental principles and rules governing the running of the political system is not
found in a single document, the constitution is said to be unwritten.
The fact that a country operates an unwritten constitution does not mean that
the country is a lawless country. Rather, it implies that the country’s laws are not
codified in a single document.
The unwritten constitution is made up of conventions, which are the result of
age-long practices, Acts of Parliament, Judicial decisions, customs and customary
practices, which are referred to as common law. These must have developed over a
long period of time.
The special advantage which an unwritten constitution has is that, it is flexible
i.e. it can be easily amended. For this reason, it can easily adapt to situations in order
to satisfy emergency needs, especially in moments of crisis.
The unwritten constitution is based on the culture of the people.

RIGID CONSTITUTION
A rigid constitution is a constitution which cannot be easily changed or
amended. The constitution itself must have made the procedures for its amendment so
cumbersome and stringent. These procedures are in most cases different from the
processes of making ordinary laws. For instance, to make an ordinary law under the
constitution of the Federal Republic of Nigeria (1989), the bill requires a simple
majority support of members of the Legislature at the level of government concerned.
But to amend the, constitution, the amendment must be supported by not less than
two-third majority of the members of both the Senate and the House of
Representatives and must be approved by the members of the House Assembly of not
less than two-thirds of all the state of the Federation.
From the Nigerian example, it is obvious that, rigid constitutions are not easily
adaptable to meeting changing circumstances.
The greatest advantage of having a rigid constitution is that, it places obstacles
in the ways of frivolous revision processes and thereby ensures that the fundamental
laws of the country as well as the rights of citizens are preserved and protected.
Usually, written constitutions are rigid.

FLEXIBLE CONSTITUTION
A constitution which does not make provisions for a special produce for
amending it is a flexible constitution. A flexible constitution is the opposite of a rigid
constitution.
Flexible constitutions can be amended by the same procedures used in making
ordinary laws, i.e. simple majority support of members of the legislature.
Some flexible constitutions are written e.g. the Independence Constitution of
Ghana (1957), while others such as British Constitution and New Zealand
Constitution are unwritten. They can be altered in any way by a simple Act of
Parliament.
Flexible constitutions are not as common as Rigid constitutions.

CABINET PARLIAMENTARY CONSTITUTION

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 In a Cabinet or Parliamentary Constitution, power is shared among the three
arms of government i.e. the Executive, the legislature and the Judiciary. The
Executive (head of government and his ministers or commissioners) is drawn from the
Legislature and the functions of the two arms of government are fused.
In this type of political arrangement, the head of government is different from
the head of state and the two positions are not held by the same person. The Executive
branch of government produces the head of government who may be called the Prime
Minister or Premier. The head of state may be the Monarch as in Britain or President
as in Nigeria during the first Republic especially between 1963 and 1966.
Members of the Legislature pass laws and some of them in their capacity as
Ministers participate in executing the laws. There is a close relationship between the
legislature and the executive and this makes prompt execution of government policies
possible. The clash of interests between the two arms of government is reduced to a
minimum.
Cabinet or Parliamentary constitution has been made popular by the British
and it is referred to as the Westminster model.

PRESIDENTIAL CONSTITUTION
In the presidential constitution, the three arms of government are kept more
separate from one another. For example, under the American constitution which is the
basic model, the fusion of power which is noticeable in the parliamentary constitution
is not common because each of the three functions of government is distinct, though
they are interrelated in many ways. For example, no member of the Executive
(Cabinet) may be member of the Legislature i.e. the Congress. A congress member
who is invited to join the cabinet must resign from the congress.
In this type of political arrangement, the President holds both the offices of the
head of state and head of government at the same time. He takes precedence over all
other officials of government. He is very powerful, but his excesses can adequately
checked by the other arms of government through the system known as ‘checks and
balances’. For example, the President can appoint ministers, judges and ambassadors
but he must obtain senate’s consent in this regard.
Both the 1979 and 1989 Constitutions of Nigeria were fashioned along this
line.

FEDERAL CONSTITUTION
A federal constitution is a constitution which provides for the establishment of
a central government as well as state or regional governments. Power and functions of
government are shared between the central government and the state or regional
governments. Each of the state governments is independent of one another and of the
central government, especially on matters that fall within their spheres of jurisdiction
and competence. All the government (central and states) are in co-ordinate
relationship.
Nigeria is a good example of a country operating Federal constitution. The
country is made up of thirty states with each of the state having its own separate
government which is independent of other state governments and the central
government to certain extent.
Apart from the state governments, there is a central government for the entire
country which is known and referred to as the Federal Government of Nigeria.
However, all the various governments (central and states) derive their
existence and authority from the constitution, which distribute political power

10
between them. For instance, all matters that fall within the exclusive legislative list
are the responsibility of the federal government e.g. aviation, citizenship, currency,
defence, census, arms, ammunition and explosives, external affairs etc. Those that fall
within the concurrent legislative list are the responsibility of the federal and state
governments e.g. education, stamp duties, industrial, commercial or agricultural
development, scientific and technological research, collection of taxes, electric power
etc. Those that fall within the residual legislative list are the responsibility of the state
governments e.g. chieftaincy matters, local government councils etc.
There are many reasons why a country may adopt federal constitution. Among
these are: the existence of many ethnic groups in the country, linguistic differences,
vast geographical area, fear of domination by major ethnic groups etc. United States
of America was formed by the thirteen separate and distinct colonies which rose in
revolt against the British government during the America Revolutionary War. They
started as a confederation in 1775 but later moved towards federalism in 1789. Their
aim was to join force together to protect their independence. Nigeria became a
federation in 1946 through Sir Arthur Richards’ constitution.
Some of the features of a federal are that it guarantees the supremacy of the
constitution, it ensure the division of governmental powers between the central
government and state/regional government, it allows for bicameral legislature
(existence of 2 legislative houses like the Senate and House of Representatives as we
have them in Nigeria), duplication of functions of government like the existence of
ministries of education at the federal and state levels, the constitution is always
written and rigid, while the general administration of the country tends to be slow,
cumbersome and expensive.

UNITARY CONSTITUTION
Under a unitary constitution, there is a central government which exercises
governmental power over the entire country. Wherever this constitution operates, the
absence of state or regional governments is noticeable because they do not exist. All
the citizens are subject to the control of the central government alone. The
constitution may provide for the creation of local government councils but such
councils are subordinate to and subject to the control of the central government and
can be dissolved by it.
A unitary constitution establishes only one parliament and one civil service for
the whole country.
Unitary constitutions are usually adopted by small sized countries with
homogenous population. Britain and Ghana are two good examples of countries
operating unitary constitutions.

MONARCHICAL CONS TIBITION

Under a Monarchical constitution, the King or Queen rules the country.
Usually, the constitution may provide that the King or Queen must come from
a particular family. If this happens, we have a hereditary monarchy.
In a situation where the constitution provides that the King or Queen shall
have all the governmental powers in the state, we have absolute monarchy.
If however, the constitution provides that the King or Queen shall be a titular
head, we have constitutional monarchy. Britain offers a good example of constitution
monarchy where the Queen is the ceremonial head of state.

REPUBLICAN CONSTITUTION

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 Where a republican constitution operates, all the citizens are free to aspire to
the highest office in the country, because no office is regarded as hereditary. The
representatives of the people are supreme.
The constitution provides that the head of state shall not be a King or Queen,
but shall be a President, elected by the people directly or by their representatives.
Prior to 1963, Nigeria was operating a monarchical constitution because our
Governor-General was a personal representative of the Queen of England as head of
state of Nigeria. But on October 1, 1963 when Nigeria adopted a republican
constitution the Governor-General became the President, having been elected
by the representatives of the people and so he ceased to be personal representative of
the Queen of England in Nigeria but a representative of his people, and while the
office which he occupied could also be filled by any other Nigerian whenever the
people so wished. This cannot happen under a monarchical constitution which makes
that office a preserve of the Queen of England and her family members.

CONFEDERAL CONSTITUTION
This type of constitution provides that several autonomous shall come together
to form a confederation. It is invariably a compromise form of constitution adopted to
bring together unwilling groups of people. The people that agree to adopt the
constitution may be willing to co-operate in certain spheres of government but
unwilling to surrender their political independence to a central authority. So, their
coming together is for the attainment of certain objectives and for this reason, certain
function of government are reserved exclusively for the central authority such as
currency, defence, foreign affairs etc and other function are left for the component
states.
Confederal constitutions make the component states to be very powerful while
the central government becomes weak. Any member-state of the union can opt out at
any time. This is unlike what obtains under the federal constitution where component
states cannot secede from the federation. Confederation is a loose federation.
Confederation operates a written constitution but it is flexible. It is not
common in this modern world and since the independence of each component state is
recognized, constitution makes provision for each unit to exercise its autonomy.
Many politicians had called for the adoption of this type of constitution in
Nigeria because of fear of domination by an ethnic group over others.
The original thirteen American colonies that fought for the independence of
America from their British colonial masters, operated a confederal constitution up to
the year 1789 before they changed to federalism. Also, there was the German
confederation which was made up of thirty-nine distinct states, which was in
existence till the year 1866. The third example is Senegambia, a confederation made
up of the sovereign states of Senegal and Gambia, two African countries. The
confederation has since collapsed.

1.3 PROVISIONS OF AN INTERNATIONAL CONSTITUTION

The need for international constitutions arises because nations of the world
must interact with one another on global regional and sub-regional levels. When
sovereign states come together and organize themselves into an association in order to
solve certain identified common problems together, such as security,
economics, health etc., then, there is need to have a body of rules and regulations that
will guide the operations of such an association. This is how an international
constitution originates.

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 Some of the examples of international constitutions that we have on global
level include: the charter of the defunct League of Nations and that of the United
Nations Organization (UNO). On regional level, we have the charter of the
Organization of African Unity (OAU) and that of the Organization of American States
(OAS). On sub-regional level, we have the charter of the African and Malagasy
Common Organization (OCAM) and that of the Economic Community of West
African States (ECOWAS).
We shall look at the provisions of the charter of the Organization of African
Unity (OAU), although it is an international regional organization, it is believed that a
deep understand of its internal workings and set-up will be more beneficial to us as
Nigerians.
The charter of OAU which was signed at Addis Ababa, Ethiopia on the 25th
May, 1963, contains a preamble and thirty-three articles.
The preamble states the reasons for the establishment of the organization such
as: that, the Heads of African States and Government that attended the Addis Ababa
meeting were convinced that it is the inalienable right of all people to control their
own destiny; that freedom, equality, justice and dignity are essential objectives for the
achievement of the legitimate aspirations at the African people; that they were
inspired by a common determination to promote understanding among their peoples
and co-operation among their states in response to the aspirations of their peoples for
brotherhood and solidarity, in a larger unity transcending ethnic and national
differences; that they were convinced that, in order to translate this determination into
a dynamic force in the cause of human progress, conditions for peace and security
must be established and maintained; that they were determined to safeguard and
consolidate the hard-won independence as well as the sovereignty and territorial
integrity of our state, and to fight against neo-colonialism in all its forms; that they
were dedicated to the general progress of Africa; that they were desirous that all
African States should henceforth unite so that the welfare and well-being of their
peoples can be assured; that they had resolved to reinforce the links between our
states by establishing and strengthening common institutions.

Article 1 of the charter of OAU deals with the establishment of the

organization. It states:
(1) The High contracting parties do by the present charter establish an
organization to be known as the ORGANIZATION OF AFRICAN UNITY.
(2) The organization shall include the Continental African States, Madagascar and
other Islands surrounding African.

Article 2 deals with aims and objectives which include:

(a) to promote the unity and solidarity of the African States,
(b) to co-ordinate and intensify their co-operation and efforts to achieve a
better life for the peoples of Africa;
(c) to defend their sovereignty, their territorial integrity and Independence;
(d) to eradicate all forms of colonialism from Africa; and
(e) to promote international co-operation, having due regard to the Charter
of the United Nations and the Universal Declaration of Human Rights.

In order to achieve the above stated purposes, it was that member states shall
co-ordinate and harmonize their policies, especially in the following fields:
(a) Political and diplomatic co-operation;

13
 (b) Economic co-operation, including transport and communications;
(c) Educational and cultural cooperation;
(d) Health, sanitation, and nutritional co-operation;
(e) Scientific and technical co-operation; and
(f) Co-operation for defence and security.
Article 3 deals with principles. These are:
(1) The sovereign equality of all Member States;
(2) Non-interference in the internal affairs of states;
(3) Respect for the sovereignty and territorial integrity of each state and
for its inalienable right to independent existence;
(4) Peaceful settlement of disputes by negotiation, mediation, conciliation
or arbitration;
(5) Unreserved condemnation, in all its forms, of political assassination as
well as of subversive activities on the part of neighbouring states or
any other state.
(6) Absolute dedication to the total emancipation of the African territories
which are still dependent;
(7) Affirmation of a policy of non-alignment with regard to all blocs.

Article 4 deals with membership, and it states: each independent sovereign African
State shall be entitled to become a member of the Organization.

Article 5 and 6 deal with rights and duties of Member states, Among these are the
enjoyment of equal rights and performance of equal duties.

Article 7 deals with the principal institutions of the organization. These are:
(1) The Assembly of Heads of State and Government
(2) The Council of Ministers
(3) The General Secretariat
(4) The Commission of Mediation, Conciliation and Arbitration.

Articles 8, 9, 10 and 11 deal with the meetings of the Head of States and
Government; its composition; conditions for meetings; methods of taking decisions at
the meetings; quorum at the meting; frequency of meetings; types of meetings such as
general or extraordinary etc.

Articles 12, 13, 14 and 15 deal with the Council of Ministers their meetings,
composition of meetings, types of meetings, frequency of meetings, functions
methods of arriving at decision, etc.

Articles 16, 17 and 18 deal with the General Secretariat. The appointment of
the organization’s Administrative Secretary-General, his schedule of duties,
appointment of other secretariat staff, their functions and conditions of services etc.

Article 19 deals with the Commission of Mediation, Conciliation and

Arbitration, an organ of the organization that is charged with the responsibility of
settling disputes among Member States by peaceful means.

Article 20, 21 and 22 deal with the specialized commissions of the

organization, their compositions and functions. These specialized commissions are:

14
 (1) Economics and social Commission
(2) Educational and Cultural Commission
(3) Health, Sanitation and Nutrition Commission
(4) Defence Commission
(4) Scientific, Technical and Research Commission.
Article 23 deals with the organization’s Budget. It Preparation and
contributions expected from Member States.

Article 25 deals with the Date of Entry into Force i.e. the date when the
charter shall be presumed to have come into force.

Article 26 deals with the Registration of the Charter with the Secretariat of the
United Nations Organization in conformity with Article 102 of the charter of the
United Nations.
Article 27 deals with the interpretation of the charter which states that any
question which may arise concerning the interpretation of this charter shall be decided
by a vote of two-thirds of the Assembly of Heads of State and Government of the
Organization.

Article 28 deals with Adhesion and Accession which states:

(1) Any independent sovereign African States may at any time notify the
Administrative Secretary-General of its intention to adhere or accede to this
charter.

(2) The Administrative Secretary-General shall, on receipt of such notification,

communicate a copy of it to all the Member States. Admission shall be
decided by a simple majority of the Member States. The decision of each
Member State shall be transmitted to the Administrative Secretary General,
who shall, upon receipt of the required number of votes, communicate the
decision to the state concerned.

Article 29, 30 and 31 deal with Miscellaneous provisions such as the working
languages of the Organization and all its institutions which shall be, if possible
African languages, English and French; the conditions for accepting gifts, bequests
and other donations on behalf of the Organization etc.

Article 32 deals with Cessation of Membership. The article state: Any state
which desires to renounce its membership shall forward a written notification to the
Administrative Secretary-General. At the end of one year from the date of such
notification, if the withdrawn, the charter shall cease to apply with respect to
renouncing state, which shall thereby cease to belong to the organization.

Article 33 deals with Amendment of the charter, It states: This charter may be
amended or revised if any Member State makes a written request to the
Administrative Secretary-General to that effect; provided, however, that the proposed
amendment is not submitted to the Assembly for consideration until all the Member
state have been duly notified of it and a period of one year has elapsed. Such an
amendment shall not be effective unless approved by at least two-thirds of all the
Member States.

15
1.4 THE EFFECTIVENESS OF INTERNATIONAL CONSTITUTIONS
Before discussing the effectiveness or ineffectiveness of international
constitutions, it is important to know the conditions under which they operate vis-a-
vis domestic constitutions.
Whereas the authority of a domestic constitution which creates municipal law,
does not extend beyond the borders of a country, the authority of an international
constitution cuts across many countries.
Whereas a domestic constitution binds only the people living within a country,
sovereign states are the principal subjects of an international constitution and these
states must be treated equally in the day-to-day activities of the organization.
We can argue that international constitutions are not so effective when we
compare them with domestic constitutions for the following reason:
Firstly, international constitutions are products of international agreement
which are often referred to as treaties. They could be bilateral or multilateral in nature.
Bilateral agreements are entered into by two countries whereas multilateral
agreements are entered into by many countries e.g. United Nations Organization,
Organization of African Unity etc. The countries entering into such agreements are
sovereign states and they can refuse to honour the agreements any time they feel like.
Whereas a citizen living in a country cannot refuse to abide by the laws of his
country.
Secondly, international law is very difficult to enforce. This is because,
whereas all the three important organs of government i.e. the Executive, Legislature
and Judiciary are present and fully operational under a domestic constitution, it is not
so under an international constitution. So in most cases, states that break agreements
under international constitution, go scot free.
Thirdly, even where we have courts like the International Court of Justice at
the Hague in Netherlands (an organ of UNO), only member states who accept the
jurisdiction of the court submit cases to it and such cases cannot be beard without the
consent of all the parties. This is not the case with a nation’s court.
Fourthly, the absence of a standing army and police force to defend the
territory, maintain law and order, and to arrest offenders, is noticeable under
international constitutions. For this reason, it is absolutely difficult to bring offenders
to book. However, sanctions could be imposed on such law breakers.
Fifthly, some notable international constitutions had failed to achieve their
objectives, suggesting that they are not effective. For example, the League of Nations,
a predecessor of the United Nations Organization, failed to prevent the outbreak of the
Second World War in 1939, despite the fact that one of its main objectives was to
ensure permanent peace and security in the world
In conclusion, although international constitutions are not as effective as
constitutions of individual countries, yet they are very important in international
relations and many of them have lived up to the expectations of the people. Because
of the existence of these constitutions (Charters), nations of the world are always
conscious of the fact that they must be fair in their dealings with one another, not only
to ensure a peaceful co-existence but also to protect their own image too. For this
reason, they always abide by the provisions of international constitutions as well as
the decisions of international judicial agencies like the International Court of Justice
(the world court).

1.6 THE MAIN PARTS OF THE NIGERIAN CONSTITUTION

16
 The constitution of the Federal Republic of Nigeria 1999 is divided into nine
chapters and seven schedules. Some of the chapters are further sub-divided into parts.
Sections are arranged under parts where they exist or under chapters where parts do
not exist. In all, there are 331 sections.

The constitution contains the following main parts:

CHAPTER 1

This chapter contains general provisions and it is sub-divided into 2 parts.

Part 1

It contains the Federal Republic of Nigeria. Under this part, we have sections
like: Supremacy of the constitution; The Federal Republic of Nigeria; States of the
Federation; Local Governments and the Federal Capital Territory.
Part II

It deals with the powers of the Federal Republic of Nigeria. In this part, we
have sections like: Legislative powers; Executive powers; Judicial powers, Local
Government system; traditional council; new states; new local government areas and
boundary adjustment; mode of altering provisions of the constitution; non- adoption
of state religion; public order and public security; implementation of treaties.
CHAPTER II

This chapter deals with fundamental objectives and directive principles of

state policy.
In this chapter, we have sections like: fundamental obligations of government;
the government and the people; political objectives; economic objectives; social
objectives; educational objectives; foreign policy objectives; directive on Nigerian
cultures; obligation of the mass media; national ethic; duties of the citizen.
CHAPTER III

This chapter deals with citizenship.

In this chapter, we have sections like: citizenship by birth; citizenship by
registration; citizenship by naturalization; avoidance of dual citizenship; deprivation
of citizenship; persons deemed to be Nigerian citizens; power to make regulations.
CHAPTER IV

This chapter contains Fundamental Rights and its sections deal with the
following:
Right to life; Right to dignity of human person; Right to personal liberty;
Right to fair hearing; Right to private life; Right to Freedom of thought, conscience
and religion; Right to freedom of expression and the press; Right to freedom of
movement; Right to peaceful assembly and association; Right to freedom from
discrimination and Compulsory acquisition of property.
CHAPTER V

This chapter deals with the Legislature i.e. the National Assembly and State
Houses of Assembly. It has sections like:

17
 Establishment of the National Assembly; Composition of the Senate and
House of Representatives; Officers and staff of the National Assembly; Procedure for
summoning and dissolution of National Assembly; Qualifications for membership and
right of attendance; Election to National Assembly etc.
CHAPTER VI

This chapter deals with the Executive i.e. Federal Executive and State
Executive. It has sections like: Establishment of the office of president; Establishment
of the office of Governor; Qualification for election as President; Qualification for
election as Governor; Tenure of office etc.
CHAPTER VII

This chapter deals with the Judicature.

It has sections like: Establishment and composition of the Supreme
Court of Nigeria; Establishment and composition of the Court of Appeal;
Establishment and composition of the Federal High Court; Establishment and
composition of the Federal High Court in the Federal Capital Territory, Abuja;
States high court Sharia Courts; Customary Courts etc.
CHAPTER VIII

This chapter deals with local government councils. The chapter has sections
like: Establishment of Local Government Council; Division into wards and
boundaries thereof; Periodical reviews of wards; Establishment of office of Chairman
and Vice-Chairman; Elections of Chairman, Vice-Chairman and Councillors.
CHAPTER IX

This chapter deals with the Federal Capital Territory, Abuja.

In addition to the nine chapters mentioned above, there are seven schedules in
the constitution,
In conclusion, it must be emphasized that although section 331 of the
constitution stipulates that the constitution must come into force on the 1st day of
October, 1992, the military authority under General Ibrahim Badamasi Babangida did
not allow that to happen because of its inability to conclude successfully, the
transition programme that was supposed to be concluded by 1st October, 1992

1.7 DRAFTING A CONSTITUTION FOR AN ASSOCIATION

In drafting a constitution for an association, the following fundamental steps

must be followed:
PREAMBLE:
A preamble is an introduction or preliminary statement(s) contained in a
constitution. It precedes the provisions of the constitution. It must be noted however,
that not all constitutions have preamble.
The constitution of the Federal Republic of Nigeria (1989) has preambles,
which can be seen on page 1 of the constitution. In that preamble, one can read about
how that constitution came into being.
ARTICLE 1
(i) THE NAME OF THE ASSOCIATION
The Association shall be known and called”...” which when abbreviated, shall
be known and called”...”

18
(i) SECRETARIAT OR OFFICE
The Secretariat or office of the Association shall be situated at...
(ii) MOTTO
The motto of the Association shall be...

ARTICLE 2
AIMS OR OBJECTS OF THE ASSOCIATION
The aims and objectives of the Association shall be derived from the factors
responsible for the formation of the association.
There could be as many objects as possible. For instance, one of the aims of
the movement for national consciousness (A movement for human rights in
Nigeria) is “to fight for social justice and equality of all Nigerians regardless
of their background”.

ARTICLE 3
MEMBERSHIP
Here, conditions for membership shall be stated. In some cases membership is
compulsory for some people.
However, the constitution under this section, must state categorically those
who can become members and how.

ARTICLE 4
OFFICERS OF THE ASSOCIATION
The officers who are to be charged with the responsibility of directing the
affairs of the Association shall be named such as;
The President or Chairman;
Vice-President or Vice-Chairman;
Secretary
Assistant Secretary
Treasurer
Financial Secretary
Public Relations Officer
Auditor(s)
Ex-official members.
Also, the functions expected to be performed by these officers must be stated.

ARTICLE 5
ELECTION OF OFFICERS
(1) The provisions of this article will specify clearly how to elect the officers of
the Association. The requirements for eligibility, either to be able to vote or to
stand for election the system to adopt in the conduct of the election, either
secret balloting or show of hands, must also be specified.
(ii) TENURE OF OFFICE
This will indicate how long the officers will stay in office.

ARTICLE 6
FINANCE
This will indicate how the Association is expected to be financed. This can
take many forms such as: dues, registration fees, levies, donations etc.

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ARTICLE 7
DISCIPILNE
This provision is important in order to curb the excesses of the as well as the
elected or appointed officers. An erring member of an association can be
fined, suspended or expelled.
However, each constitution must state categorically the type of Punishment to
be meted out to its erring members.

ARTICLE 8
QUORUM
The quorum (i.e. the number of members expected to be present before a
meeting can take place) for Executive meetings as well as General meeting,
must he stated.

ARTICLE 9
AMENDMENT
This is article will specify method(s) of amending the constitution

1.8 THE HISTORICAL DEVELOPMENT OF THE NIGERIAN

CONSTITUTION
If the effort of members of the Constitutional Conference which has just
wound up its deliberations in Abuja pays off and a new constitution emerges for the
Federal Republic of Nigeria, the new constitution shall become the ninth that our
country has had. (1922, 1946, 1951, 1954, 1960, 1963, 1979, 1989 and of course the
proposed Abacha constitution). Apart from these, notable changes were observed in
1914 and between 1956 and 1957. A great number of these constitutions were
fashioned for us by our colonial masters whilst some of them, especially the
Republican Constitution of 1963; the Federal Republic of Nigeria Constitutions of
1979 and 1989 were written by ourselves.
The history of the Nigerian Constitution will take us back to the year 1861
when Lagos was formally annexed by the British. Prior to that date, the country which
we now refer to as Nigeria was made up of scattered communities with different
backgrounds political, historical, religious and cultural. In fact, those who constituted
the various communities were great people in their own right. We can vividly
remember the great Yoruba Kingdom of those days, where the Alafin of Oyo was the
lord and master; the Bornu Empire, where the Shehus and the Mais held sway; the
Fulani Empire under the Sultans; the Benin Kingdom; the Ibo states; the Hausa states
amongst others.
Contacts with these people by the Europeans were made at different times,
especially through the slave trade and the introduction of ‘legitimate’ trade which led
to the scramble for and partition of Africa by the European powers at the Berlin
Conference of 1885. That exercise gave Britain the power to control the areas
allocated to her which included all the area that is now referred to as Nigeria.
It will be recalled that a British company, the Royal Niger Company, had,
prior to that period, entered into trading agreement with chiefs of most of these
various communities.
At this juncture however, we must note that our people did not give up their
independence without a fight. They strongly opposed European interference in their
local affairs. In fact, leaders like king Kosoko of Lagos, Nana of Itsekiri and Jaja of

20
Opobo were dethroned and deported whilst Rabeh of Bornu was killed by the French
in the year 1900. Thus, our people lost their political independence and were being
ruled by the European colonialists who did not waste time in introducing their own
system of administration.
In the year 1861, Lagos was formally annexed by the British and from there
they moved into other areas by extending their influence into the hinterland. The city
of Lagos was ruled as a crown Colony with the establishment of a Legislative Council
and an Executive Council, both of which were entirely composed of British official
members. The Legislative Council was charged with the responsibility of advising the
Governor on legislative matters
In 1900, the Northern territory was taken over by the Crown and Lord Lugard
was appointed as Commissioner of the territory and because of the insurmountable
administrative problems that confronted him in the area, such as, political situation,
vastness of the area, lack of enough British officials and others, the Commissioner
had no option than to forget the idea of direct administration for the area. Instead, he
introduced indirect rule whereby the existing traditional rulers were made to take an
active and prominent part in the colonial administration.
In 1914, Lord Lugard became the Governor of Nigeria and he wasted no time
in uniting the North and the South Administratively. This is what is now commonly
referred to as the amalgamation of the Southern and Northern protectorates of
Nigeria. Lugard also introduced the indirect rule system to the South. It was
successful in the Yoruba speaking area but failed woefully in the Igbo speaking area.
The reason for this is not far-fetched. Whereas the Yoruba political systems revolve
round the Oba who is considered to be the father of everybody in the community and
also a representative of the gods among men, the Igbo people are republican by
nature. In other words, nobody lords it over other among them, everybody is a master
in his own right. So, because of the absence of traditional rulers of the calibre of
Yoruba Obas or Fulani/Hausa Emirs in the East, Lugard appointed ‘warrant Chiefs’.
However, most of these Warrant chiefs faced Stiff opposition from their people.
Lugard also established the Nigerian Council which had more member than
the existing Legislative Council. Whereas the legislative council had 6 official
members, 2 nominated unofficial European members and 2 nominated African
members and its Jurisdiction applied only to the colony of Lagos, the Nigerian
Council had 23 official members, 7 nominated unofficial European members. 2
nominated Emirs, Alafin of Oyo, and 3 nominated municipal representatives and its
jurisdiction covered the entire territory, including the colony and the two
amalgamated protectorates. However, the two bodies were mere advisory bodies. It
must also be noted that the Northern and Southern protectorate still remained distinct
entities, each of them having its own Lieutenant - Governor.
The composition of the Nigerian Council did not please Nigerian people,
especially the elites who had wanted to be part of the administration of their fathers’
land. For this reason, they joined forces with their counterparts in other British West
African Colonies such as Gold Coast (later became Ghana), the Gambia, and Sierra
Leone to form the National Congress of British West Africa under the leadership of
Casely Hayford, a lawyer from Gold Coast. In 1920, this congress sent a delegation to
London to demand for greater participation of Africans in their own affairs. Although
their requests were turned down, the constitution which the new Governor of Nigeria,
Sir Hugh Clifford fashioned for the country in 1922. Incorporated some of their
demands.

21
 THE CONSTITUTION OF 1922
The 1922 constitution can be said to be the first constitution in the real sense
of the word that Nigeria had. The constitution abolished the erstwhile Nigerian
council and the Legislative council. In their places were the Executive Council which
was composed of all official members and a Legislative Council comprising 26
official members, 15 nominated unofficial members, 3 elected members from Lagos
and 1 elected member from Calabar. The elected members of the Legislative Council
however became the first set of such people to be elected into a Legislative House in
the whole of British tropical Africa. The jurisdiction of the Legislative council
covered the entire country.
The elected members could only come from Lagos and Calabar because it was
only in these cities that voters could meet the conditions for participation in the
election e.g. ability to have an income of £100 per annum.
Through the 1922 constitution, provinces were created in Nigeria and the
elections of the four elected members of the Legislative Council brought about the
formation of political parties in the country, especially in Lagos. The first of its kind
was the Nigerian National Democratic Party (NNDP) which was formed and led by
Herbert Macaulay in 1923. The party dominated the political scene for a long time
before the Nigerian Youth Movement (NYM), a radical political party emerged in
1931 to compete with NNDP and subsequently defeated it in the October 1938
election Into the Legislative Council. Two notable members of the NYM were Dr.
Nnamdi Azikwe and the late Chief H.O. Davies. In 1944, the National Council of
Nigeria and Cameroons (NCNC) were formed and the party changed its name to
National Council of Nigerian Citizens (NCNC) in 1957 following the excision of the
Southern Cameroons from Nigeria.
Another important effect of the 1922 constitution was the birth of many
newspapers such as the Lagos Daily News founded in l925, the West African Pilot in
1937, the comet in 1932 amongst others.
In 1945, there was a general strike called by the African civil Service
Technical Workers Union because of the colonial government’s refusal to meet the
demands of the civil servants for an increase in wages. This strike raged for almost a
month and at the end of it, the government was forced to meet the demands of
workers. The strike also helped in increasing political awareness of Nigerian people.

THE CONSTITUTION OF 1964

In the year 1946, another constitution came into force. This is generally
referred to as the Richards constitution of 1946.
The new constitution contained the proposals of both Sir Bernard Bourdillon
who was the Governor of Nigeria up to 1943 and Sir Arthur Richards, who took over
from him as the Governor. The constitution had the following as its object
1. To promote the unity of Nigeria.
2. To secure greater participation for Africans in the discussion of their own
affairs.
3. To provide adequately within that desire for the diverse elements which made
up the country.
4. To divide Nigeria into 3 administrative units of North, South and east, each to
be administered by a chief commissioner
5. To provide for an African majority in both the Regional Houses of Assembly
and the Central Legislative Council.

22
 FEATURES
1. The constitution provided for a Legislative Council in Lagos whose
jurisdiction covered the whole country and the franchise requirement for
election was reduced to £50. The Legislative Council had 13 ex-officio
members, 3 nominated official members, 24 nominated unofficial members
(20 of them to be chosen on the advice of Regional Councils), and 4 elected
members from Lagos and Calabar (Lagos - 3 seats and Calabar - I seat), and
the Governor as the President.
2. There was provision for 3 Regional Councils i.e. the Northern Regional
Council, the Western House of Assembly and the Eastern House of Assembly.
In addition, the North also had a House of Chiefs. We must note that the
Regional Councils did not operate as independent bodies. They could only
discuss and offer recommendations. The native authority controlled them
through the Legislative council. This arrangement did not satisfy the educated
elites who kept on agitating for a true federal structure.

In 1949, the Northern People’s Congress (NPC) was formed under the
leadership of the late Sir Ahmadu Bello and Sir Abubakar Tafawa Balawa. Two years
later, in March 1951, Chief Obafemi Awolowo and others formed the Action Group
(AG). With the formation of these two formidable political parties, joining forces with
the NCNC and the Northern Elements Progressive Union (NEPU) formed in 1950 and
led by Mallam Aminu Kano, agitation for constitutional improvement reached its
zenith. Because of this, the 1946 constitution could not last the 9 years which the
colonial masters had expected that it would last.

THE CONSTITUTION OF 1951

In 1948, Sir John Macpherson succeeded Sir Arthur Richard as the Governor
of Nigeria and after collating the complaints which the people of Nigeria had about
the 1946 constitution, he set the machinery in motion to fashion out a new
constitution for the country. So, in January 1950, he convened a meeting of leaders of
thought in Ibadan to discuss his proposals for new constitution which later became the
Macpherson Constitution of 1951.
FEATURES
1. It provide for the establishment of a Central Executive Council, composed of
Ministers. The council was known as the Council of Ministers. 6 of the
Ministers were ex-officio members whilst 12 others were Africans who
although had no full policy control but were responsible for some matters.
Each of the three Regions produced 4 of the 12 African ministers. The
Governor remained the chairman.
2. It also provided for a House of Representatives which was composed of 6
official members, 136 elected members from Regional Assemblies and 6
nominated members who represented special interests.
3. Whilst the Governor was the head of the central administration, Lieutenant-
Governors were appointed for regions.
4. It provided for Regional Houses of Assembly in the 3 regions: North, East and
West. It also gave to the Regional Assemblies the right, for the first time, to
make laws for their regions. Some of the members of the Assemblies were
elected members.

23
5. It establishment for the Regions, Regional Executive Councils headed by
Lieutenant-Governors and consisted of 5 official ministers and 6 to 9 African
Ministers.
6. It provided for the establishment in the Northern and Western Regions of a
second legislative house i.e., the House of chiefs.
7. It provided, for the first time, for the election, although indirectly, of the
members of the regional assemblies.
8. To ensure a rapid Africanisation of the civil service, a public service
commission was set up.

In the year 1953, the eastern region was engulfed in a political crisis that
nearly tore the region apart. Some aggrieved NCNC ministers that were expelled from
the party formed a rival political party known as the National Independence Party
(NIP).
In the same year, Chief Anthony Enahoro, an AG member of the House of
Representatives moved a motion for ‘self-Government in 1956’. Northern members in
the House did not take kindly to the motion and moved a counter-motion substituting
‘1956’with ‘as soon as practicable’. The misunderstanding that followed, among
members of the House of Representatives made Northerners to threaten to secede
from the federation unless greater autonomy was granted to the regions and central
legislative and executive bodies phased out. However, both the West and the East
continued to agitate for independence in 1956.

THE CONSTITUTION OF 1954

Constitutional conferences were held in London, in 1953 and Lagos in 1954
before a new constitution came into being in 1954 known as the Lyttleton
constitution.

FEATURES
1. A truly federal system of government was set up in the country, with a federal
administration and 3 regional administrations having specific powers. No
government could legislate on matters that were not allocated to it. However,
there were concurrent list on which both the federal and regional governments
can legislate. Each region had its own House of Assembly. Also, the North
and West had a House of Chiefs each.
2. The judiciary and civil service were regionalised.
3. It provided for a federal council of minister consisted of the Governor-General
as the President, 3 official members, 10 African ministers (3 from each region
and 1 From the Southern Cameroon). The African ministers were selected
from elected members of the House of Representatives.
4. There was a House of Representatives to be chairman by the Speaker and
composed of 3 official members and 184 elected African members based on
the following Northern Region produced 92 members whilst Western and
Eastern Region had 42 members each, the Southern Cameroons had 6
members while Lagos was represented by 2 members. Election of African
members was direct.
5. It created Regional Premiers and Regional governors. Whereas, Premiers were
leader of political parties that had won majority number of seat in the House of
Assemblies, the Governors were appointed by the Governor-General on the
recommendation of the Governors.

24
6. Each region had the power to determine when it would become internally,
self-governing.

However, the 1954 federal election did not produce clear-cut winners because
all the political parties were victorious mainly in their regions.
In the year 1957, both the West and the East became self-governing regions.
All ex-officio ministers were removed from Federal Council of Ministers and Sir
Abubakar Tafawa Balewa, the Deputy Leader of the NPC was appointed Federal
Prime Minister.
There was a Constitutional Conference in 1958 and in 1959, the Northern
Region became self-governing. A House of Chief was established for the Eastern
Region the same year. A federal election was conducted and the NPC won 134 seats,
AG won 73 seats, an alliance formed by NCNC and NEPU won 89 seats whilst other
political parties won 16 seats. So, a coalition of NPC and NCNC formed the federal
government under the leadership of Sir Abubakar Tafawa Balewa.

INDENPENCE CONSTITUTION OF 1960

Nigeria became independent on October 1, 1960 because Britain, her former
colonial master agreed to allow Africans in this part of the. World to determine their
own destiny themselves. We must also note that Gold Coast (Ghana) had attained
independence status from Britain earlier, in 1957.

FEATURES
1 The constitution re-affirmed that Nigeria would remain a federation with 3
regional governments and a federal government.
2. It provided that the country would operate a parliamentary (cabinet) system of
government.
3. It provided for bicameral. legislature both at the federal and regional levels. At
time federal level there were the senate (Upper House) and the House of
Representatives. At the Regional level, it provided for House of Assembly and
Chief for each region
4. The regions could have their separate constitutions apart from the federal
constitution.
5. Fundamental human rights clauses were incorporated into constitution.
6. Universal adult suffrage was granted in the Western and Eastern regions
whilst in the Northern region, universal male suffrage was granted.
7. The Privy Council in London was made the lint court of appeal in Nigeria.
8. The Queen of England remained the head of state of Nigeria but she was
represented by the Governor-General at the federal level and Governor at the
regional level. On October 4, 1960, Dr. Nnamdi Azikiwe was installed as the
first Governor-General of Nigeria.

In 1962, a misunderstanding between the two top-most leaders of the Action

Group (AG) Chief Obafemi Awolowo and Chief Ladoke Akintola, tore the party apart
and weakened the Western Regional Government. In the end, a state of emergency
was declared in the West by the federal government. Chief Ladoke Akiratola formed
another political party, the United People’s Party (UPP). whilst Chief Obafemi
Awolowo and some of his followers faced a treasonable felony charge. They were
eventually found guilty and sentenced to various prison terms.

25
 THE REPUBLICAN CONSTITUTION OF 1963
A republican constitution was introduced in October, 1963. This was the first
constitution ever to be written for Nigeria by Nigeria themselves. All the previous
ones were written by our colonial masters. By this constitution, Nigeria became
totally free from foreign domination. The Queen of England was no more the head of
state of Nigeria and British laws were no more applicable to Nigeria. Nigeria became
an egalitarian society.

FEATURES
1. The constitution retained parliamentary system of government for the country.
2. It created the position of President as: the head of state and commander-in-
chief of the Nigerian Armed forces. The President was to be elected by a joint
meeting of me Senate and the Rouse of Representatives.
3. Membership of the House of Representatives was increased to 312 members.
4. The Privy Council in London ceased to be the final court of appeal in Nigeria.
Instead it was the Supreme Court of Nigeria.

Also in 1963, the Mid-Western Region was created to make the number of the
regions in the country to be four.
In 1964, Chief Ladoke Akintola, having regained his premiership position in
the Western Region, formed another political party known as the Nigerian National
Democratic Party (NNDP)
In the 1964 federal Section, the NNDP teamed up with the NPC and the Mid-
West Democratic Front to form the Nigerian National Alliance (NNA) whilst AG,
NCNC and NEPU font another alliance known as the United Progressive Grand
Alliance (UPGA) to contest the Section. At the end of the Section which UPGA
boycotted massively, the NNA won. The president, Dr. Nnamdi Azikiwe refined to
recognize the leader of the winning alliance, Sir Abubakar Tafawa Balewa, because
he felt tint the election was rigged. in the long run however, Sir Abubakar Tafawa
Balewa was sworn-in as the Prime Minister.
In 1965, disputes over allegation of rigging in the Western Regional election
led to a free for all fight in nearly all the nooks and crannies of the region: Many
people were killed and a lot of property destroyed, as it appeared that the civil strife
could not be contained by the government, the military seized power in January 1966
to inject sanity into the system.
However, July 1966, it t evident that the military boys were not better than the
politicians they had ova-throw for not being able to put their house in order, because
that a counter coup in which many military officers were killed. Military intervention
in politics led the country to a thirty-month, civil war which claimed the lives of
millions of Nigerians.
So the military held sway in Nigeria between January 15, 1966 and October 1,
1979, ruling with edicts and decrees after having suspended the constitution.
However, the Murtala-Obasanjo military regime lived to its promise to hand over the
reins of government to civilians by setting up the Constitution Drafting Committee
which was inaugurated on October 18, 1975 and the Constituent Assembly which
fashions out the 1979 constitution, that came into force on October I, 1979.

FEATURES OF THE 1979 CONSTITUTION

1. It provided for a federal structure with a central government and 19 state
governments (Nigeria having been broken up into 19 states in 1976).

26
2. It provided for a presidential system of government, fashioned along the
American model. The president had executive powers. This is unlike the
parliamentary system being operated during the first republic under which the
president was a titular (ceremonial) bead of stat.
3. It provided for bicameral legislature at the centre (the Senate and House
Representative) but unicameral legislature at the state level (i.e., House of
Assembly.
4. It provided for universal adult suffrage throughout the country.
5. It condemned military take-over of government of the federation through a
coup d’état by emphasizing the supremacy of the supremacy of the
constitution.
6. It did not recognize opposition.
7. It provided separation of powers among the three organs of government.
Alhaji Shehu Shagari was sworu-in as the first Executive president of the
federal republic of Nigeria on October 1, 1979 and he was in power until December
31, 1983 when the military adventures took over again. Major General Muhammadu
Buhari became the head of the state and ruled till August 27, 1985 when Major-
General lbrahim Badamasi Babangida took over him.
Babangida fulfilled his promise to give Nigerians a new constitution in 1989
but his lust for political power did not allow him to hand-over to a democratically
elected government. Even when an election was conducted, contested for, and widely
believed to have been won by Chief M.K.O. Abiola, Babangida annulled the election
and prevented the winner from claiming his mandate.
In the middle of the crises that engulfed the nation as a result of the annulment
of the election of June 12, 1993, General Babangida stepped aside from government
and put in place transitional government headed by Chief Ernest Shonekan on August
27, 1993.
However, on November 17, 1993, a palace coup took place aid General Sanni
Abacha who was second in command to Chief Shonekan took over from him, and so
another full-fledged mill government was put in place gain. An attempt by Chief
M.K.O. Abiola to claim his mandate which according to him was ‘freely given by
Nigerians’ led to his incarceration. The Abacha government decided to inaugurate a
constitutional conference to draw up a new constitution for the country.

27
 CHAPTER TWO
THE FEDERAL SYSTEM OF NIGERIA

2.1 FEDERATION
The word Federate’ means to combine or to unite. Federalism is therefore a
system of government whereby many states or regions come together to establish a
central authority without necessarily relinquishing all their powers to that central
authority. Thus, it is an association formed by the states or regions that have agreed to
come together.
Under this form of government, powers and Functions of government are
shared between the central authority and the state governments. As it has been
explained earlier under Federal Constitution, each of the state governments is
independent of others and of the central government, especially on matters that fall
within their spheres of jurisdiction and competence. All the governments (central and
state/ regional) are in co-ordinate relationship.
The constitution of the country will distribute political power between the two
tiers of government such that matters that fall within the Exclusive Legislative List
like aviation, citizenship, currency, defence, census, external relations etc. will come
under the jurisdiction of the central authority; those that fall within Concurrent
Legislative List like education, health care, transportation etc, will be jointly taken
care of by both the federal and state/regional governments; whereas those that come
under the Residual Legislative List like chieftaincy matters, local government
councils etc, are specifically reserved for the state governments alone.
The states that come together under this type of political arrangement do so
with a view to pulling their resources together in order to protect their common
interest.

2.2 DISTINGUISHING A FEDERATION FROM A CONFEDERATION

Federation means the coming together of some states or regions that are not
willing to surrender all their powers to the central authority jointly formed by them. In
other words, both the central authority and the state or regional governments share
political power among themselves.
However, in this type of political arrangement, the central authority is superior
to the state or regional governments. Once a state or region joins the federation, it
cannot decide to pull out or secede from it. The central authority is very strong and
the system operates a written and rigid constitution. Federation is more stable than
Confederation.
Confederation on the other hand, is the extreme form of federalism. The states
that come together under confederation are sovereign states. They only agree among
themselves to co-operate in some areas of common interest such as defence, external
affairs, currency, telecommunications etc. Confederation is a loose union and major
powers or functions of government are reserved exclusively for the component states.
The central government is weak whereas the component states are strong.
In this type of political arrangement, the component states are free to pull out
or secede from the union at any time they feel like. The system operates a flexible
constitution and his politically less stable than a federation. The component states
retain their sovereignty and identity.

28
2.3 BASIS FOR THE FEDERAL SYSTEM IN NIGERIA
There are many factors that may be responsible for a country adopting federal
System of government. However, we shall restrict ourselves to those factors that made
Nigeria to adopt this form of government. A critical analysis of these factors, shall
definitely lead a conclusion that Nigeria is naturally, a federal society where any other
political arrangement may that work successfully.

The following are the factors responsible for the federal system in Nigeria:

1. Existence of many ethnic groups -

In Nigeria, there are more than two hundred and fifty ethnic groups, scattered
over the thirty states that made up the country. The best form of government
where these peoples will feel secured is the federal system because it enables
them to be grouped into states where they have a little autonomy and can
develop at their own pace.

2. Existence of many languages and cultural diversity -

Like number 1 above, since the peoples of Nigeria speak different languages
and have different culture, federal system of government is the best option.

3. Wide expanse of land -

Nigeria is very big not only in population but also in land area. Take for
instance the distance from Badagry to Maiduguri and from Sokoto to Calabar.
To be able to administer the country effectively, the best form of government
to adopt is federal system that will give room for state governments which will
administer smaller territories carved out for them by the law of the land.

4. Population-
Nigeria is big in population. It is the most populous in Africa and with a
population of 88 million people (1991 population casts figure), the country
cannot be governed effectively under any form of political arrangement other
than federalism. It is the existence of other levels of government apart from
the central government that has helps m bringing government near to the
teeming population scattered all over the country.

5. Abundant mineral and manpower resource-

Federalism as a form of government is expensive. It requires a large number of
skilled personnel to administer government ministries, parastatals, agencies,
institutions etc, and also money to pay salaries of workers and provide
infrastructures. Such money is obtained from the products of the country that
are made from its mineral resources and exported to other countries. Nigeria
has both mineral and manpower resources in abundance to sustain federalism.

6. Power and influence -

Among the nations of the world, a small country is powerless and cannot
wield influence. It may not be strong enough to ward off external aggressors.
For this reason, it is good if Nigeria remains big as it is at present so that it can
continue to be powerful and influential in world politics. Today, Nigeria is a
leader in Africa because of her size, population and wealth.

29
2.4 THE EVOLUUTION, STRUCTURE AND FUNCTIONS OF THE
FEDERAL SYSTEM IN NIGERIA

Evolution:
The origin of federal system of government in Nigeria can be traced back to
the 1946 constitution compiled by Sir Arthur Richards who was the then Governor of
Nigeria.
Prior to that date, the Northern and the Southern Protectorates of the country
were being governed as separate entities despite the fact that the two had been
amalgamated by Lord Lugard in 1914.
Some of the reasons that informed Governor Richard decision were:
i. To promote the unity of the country. For this reason, Regional Legislature
Councils were established along with a Central Legislative Council in Lagos.
The establishment of Regional Legislative Councils became necessary because
of the diversities in culture, religion, social development amongst the peoples
of Nigeria and of course the size of the country.

ii. To provide adequately within that desire for the diverse elements which made
up the country.

iii. To secure greater participation by Africans in the discussion of their own

affairs. To achieve this, majority of the member of Legislature Council were
citizens of Nigeria.

Although the 1946 constitution attempted to create a federal structure, it only

succeeded in doing so in theory. In the Regional Legislative Councils could only
discuss and one recommendations, they could not make any laws for the regions. The
regions were not allotted any specific governmental power. This is unlike what
obtains in a true federal arrangement.
The Macpherson constitution of 1951 was however a bit different because
Regional Governments were created, headed by, Lieutenant-Governors. The
executive powers of these governments covered only those matters on which the
regional Houses of Assembly could legislate. However, the regions had no exclusive
authority over the matters that the constitution assigned to them. This is also not in
line with what obtains in a true federal arrangement.
By 1954 however, a true federal structure was put in place in Nigeria through
the Lyttleton Constitution that year. A federal administration was set up in in Lagos
and three regional administrations were set up in the regions and they were assigned
specific function. No government could legislate on matter that were not allocated to
it. The concurrent legislature list on which both the federal and regional governments
could legislate.
The 1960 independence constitution did not deviate from the federal
arrangement put in place by the 1954 constitution. In fact it strengthened it. The same
thing can be said about the 1963 republican constitution.

30
 In 1966, the military seized political power in Nigeria and having succeeded in
suspending the Nigerian constitution, decree and edicts were introduced. We must
note that by nature, the military organizations like the army, airforce or navy are
organized on highly centralized basis. So, in line with their own experience in the
barracks, the Aguiyi-Ironsi’s military government attempted to abolish federalism in
Nigeria and replace it with unitary system of government which would have phased
out the regions. In May 1966, the then Head of State promulgated decree No. 34 and
argued that “federal system had forced politicians to play on tribal passions to cement
their supporters and thus had driven wedges between the country’s regions”. But an
attempt to move the country towards a unitary state was met with opposition for fear
of domination of one ethnic group over others and was one of the factors responsible
for his assassination.
So, even during the military interregun, federal arrangement was retained. In
1967, twelve states were created out of the former four regions and in 1976, the
number of the states increased to nineteen.
The 1979 constitution shows that Nigerian federalism is a peculiar one. It
allows for excessive concentration of power at the centre.
Before 1979, regions used to have their separate constitutions apart from the
federal constitution. But in 1979, this idea was discarded and Nigeria had a single
constitution. The constitution distributed powers among the three levels of
government i.e., the federal government, the state governments and the local
governments. However, the federal government still remained the superior partner in
the political arrangement. If the law of a state is inconsistent with that of the federal
government, that of the latter will prevail. The constitution provided for the existence
of the supreme court that serves as an arbitrator between the tiers of government i.e.,
the federal and component units in ease there is constitutional disagreement.
The 1979 constitution also provided for the post of an Executive President for
the country whose electoral constituency was the entire territory of Nigeria. President
Shehu Usman Aliyu Shagari, the President of the Federal Republic of Nigeria from
1919 to 1983 introduced an innovation into the political system of the country by
appointing Presidential Liaison Officers for all the States of the federation, to serve as
his principal agents in the states. This action further led to the concentration of powers
at the centre.
The 1989 constitution also supports federalism and makes provision for a very
strong central authority.

Structure
The federal system of government is organized as follows: There are three
tiers (levels) of government. These are:
1. The central government which is otherwise known as the federal government
or government of the federation, which has its seat at Abuja, the new federal
capital city of Nigeria.
2. Thirty state government scattered all over the country.
3. Five hundred and eighty-nine local government councils.

The federal government is headed by the President of the Federal Republic of

Nigeria who is also the Commander-ln-chief of the country’s Armed Forces. The
President is assisted in his daily activities of running the government by the federal
ministers appointed by him and assigned different portfolios. The portfolios are
government ministries such as education, health, external affairs, communications etc.

31
 Apart from the executive arm, there is also the legislative arm known as the
National Assembly and it the Senate and the House of Representative Members of the
National Assembly make Nigeria.
The state governments are headed by the Governors of the gates and they are
assisted in the Performance of their duties by Commissioners who are appointed by
them and assigned different portfolios, In the states, we have ministries such as
education, health, agriculture and natural resources, local government and chieftaincy
affairs etc.
At the states level, there is a House of Assembly in each state whose main
duty is to make laws for the state.
The local government councils constitute the third level of government in
Nigeria. The councils are headed by elected Executive Chairmen whose
constituencies cover the entire territory of their local government councils. They are
assisted in their duties by Supervisory Councillors appointed by them. These
Supervisory Councillors also hold portfolios like Ministers at the federal level and
Commissioners at the state level. In the local government councils, we have
departments of education, health, agriculture,
There is also a legislative arm of government at the local government level. It
is made up of elected councillors whose main duty is to make laws for the well-being
of their local government councils.
It must be noted that federal government laws are superior to state government
laws and the latter are superior to the local government laws.

Functions
The functions of government are shared among the three tiers of government.
The constitution of the Federal Republic of Nigeria specifically states the functions to
be performed by each of them.
For instance, each of them makes laws, formulates and executes policies but
the laws made by them are not enforceable beyond their territories. Whereas the laws
of the federal government can be enforced throughout the nooks and trannies of the
country, that of Osun State is not enforceable outside the state.
The three tiers of government perform all the traditional functions of
government such as maintenance of law and order, provision of welfare services,
promotion of economic development etc. within their territories.

2.5 THE RELATIONSHIPS AMONG THE THREE TIERS OF

GOVERNMENT IN NIGERIA
The three tiers of government in Nigeria are the federal, state and local
governments. They work hand in hand and complement the efforts of one another to
ensure the progress and political, economic as well as social development of the
country. The federal government occupies the position of a ‘father’ to the other two
tiers of government while the state government are ‘brothers’ to the local
governments.
The federal government is in-charge of the nation’s purse and disburses
monies to the other of government accordance with the revenue allocation formula
that is in operate in the country.
Functions of government are shared by the Constitution between the federal
and state governments so that matters that fall within the exclusive legislative list are
taken care of by the federal government while matters that fall within the concurrent

32
legislative list are the responsibility of both the federal and state government Matters
on the residual legislative list are the responsibility of the state governments.
However, the constitution also identifies some areas where the local
government councils have authority. These areas include building and maintenance of
market stalls, public toilet motor parks, collection of tenement rates, poll tax,
registration of birth and death, provision of primary health care facilities like
dispensaries and maternity centres, chieftaincy matters etc.
The authority of the federal government, covers the entire country whereas the
state and local government have authority over their identified territories, for
example, a law passed by Lagos State Rouse of Assembly cannot be enforced by the
state government outside Lagos state territory. Whereas the President of the Republic
has the entire nation as his constituency, the Governors of the states and Chairmen of
Local government councils have their constituencies within their states and local
government council areas respectively. If law passed by a state government is
inconsistent with a federal government law, that of the latter will prevail.
Some of the federal government a that exist in the states and local government
council areas like the National Electoral Commission, National Population
Commission, State security Services, Nigerian Police Force etc, are jointly taken care
of by the three tiers of government. For instance, both the state and local governments
assist the federal n office accommodation, vehicles and furniture to these agencies.
Federal civil servants are often seconded, to the state and local governments to
work as a form of assistance to these two levels of government. State governments
also often do the same to the local governments. The civil servants so seconded
receive their salaries from their original employers but render their services So the
government they are sent to.
The Chairmen of local government councils have power to appoint, promote,
discipline and transfer officers on grade levels 01-06 in the services of the local
governments whereas the state Governors are the ones empowered to appoint,
promote, discipline and transfer officers on grade 07-17 working with local
governments.
In conclusion, the three tiers of government in Nigeria derive their existence
and authority from the constitution of Nigeria. They have power to handle all aspects
of national life that fall within their areas of jurisdiction and competence. To this end,
they are autonomous and distinct, yet, they work harmoniously for the achievement of
the goals of the nation, that is, improving the lives of the Nigerian people by
providing social amenities for them, ensuring the continued existence of the country
etc.
The existence of the three tiers of government in Nigeria has helped in
bringing government nearer to the Nigerian people and made them to have a sense of
belonging to the nation.
The presence of the federal government is always felt in the states and local
government council areas through the establishment of federal institutions and
agencies. In the same vim, the presence of state governments are felt in the local
government council areas through the establishment of state institutions and agencies
in these areas.
The construction and maintenance of roads is a joint responsibility of the three
tiers of government in Nigeria. There are federal government roads, state government
roads as well as local government roads and these roads link one another.

3.11 Revenue Allocation in Nigeria

33
 Revenue allocalion is the sharing of federally collected revenue among the
three tiers of government. In any federal state, a formular is usually devised to share
the revenne of the federation between the federal government and the governments of
the component units on the one hand and among the government of the component
unit on the other hand (Oyovhaire, 1991).
It is on record that the discordance between fiscal capacity of the various
levels of government and their expenditure responsibility is a striking feature of
Nigerian federal finance. Various principles have been adopted in sharing the
federally collected revenue in Nigeria; the prinicle of population, size, basic needs,
national interest, even development and derivation. And this led to the formation of
several commissions or committees by the federal government in a bid to find a
lasting solution to the nagging problem of revenue allocation in Nigeria.

The Commissions/committees are:

i. The Phillipson Commission, 1946
ii. The Chicks-Philliipson Commission, 1951
iii. The Chicks Commission 1953
iv. The Raisman Commission of 1958
v. The Binns Commission, 1964
vi. The Dina Interim Revenue Allocation Committee, 1968
vii. The Aboyade Technical Committee, 1977
viii. The Okigbo Presidential Commission. 1979
ix. The T.Y Danjuina Fiscal Commission, 1988

The above commissions and committees emphasized on the equality of states,

economic development, population and size and derivation. The conferees of the 1996
constitution conference convened by the Late Head of State, Gen. Sani Abacha
recommended at the conference that 13% instead be set aside for derivation to assist
the development of the oil communities. It is obvious to note that the reports of all
these committees or commissions have been subjected to burrages criticism; that the
various commissions tend to shift to suit particular constituencies and that their
analysis are not informed by logic but preconceived self or sectional interest
rationalized and justified by theories (CFCR Report on Fiscal Federalism Colloquium,
2000).
The Political Bureau Report of 1987 observes that the issue is so contentious
that “none of the formula evolved various times by a commission or by decree under
different regimes since 1964 has gained general acceptability among the component
units of the country”. The report also observed that the issue of revenue allocation and
to be specific derivation had been essentially a political rather than an economic tool.
Whoever is in charge introduce a formula that best service his interest.
The concentration of resources in the centre which translate into the federal
government having the lion share of federal resources has called for serious criticism
from both states and local governments. Despite all the criticisms the Federal
Government of Nigeria sticks to the following principles of revenue allocation in
Nigeria. These are:
(a) The Principle of Population
Population is the total number of people living in a particular geographical
location. Population size of the state constitutes a serious factor for revenue allocation
in Nigeria. Currently, the population of a State accounts for 40 percent of what it is
entitled to from the national till (Obi, 2008). The proponents of the principle of

34
population particularly the Northern part of Nigeria believes that population size
remains one of the most essential instrument for the provision of social amenities such
as hospitals. schools, pipe-borne water, electricity among others. That a region or state
with a large population size should be given high allocation from the federation
accounts.

(b) The Principle of Territorial Size

Territory has to do with land or sea that is owned by a particular state or
region. The territorial size of a region or state plays a significant role for sharing
federal revenue among the three tiers of government - Federal, States and Local
Governments in Nigeria.

(c) The Principle of Basic Need

Regions or states that are backward economically, socially, educationally
among others need more attention than those that are developed. These backward and
poor states need more resources to provide social amenities like schools. housing.
good road network, education and hospitals to the people.

(d) The Principle of Equality of State

The criterion of equality of states posits that the sharing or distribution of
federal revenue in Nigeria should be based on the equality of states. This criterion
negates the principles of population and territorial size. That to ensure sustainable
development in the country states should be allocated equal resources in respective of
size, population and needs.

(e) The Principle of National Interest

The principle of National interest believes that the sharing of the federally
collected revenue should be done in such a manner as to reflect what is to be the
uppermost interest of the Nation. The North threw its weight behind this principle as
the region believes that we should be good brother’s keepers and to ensure that the
major thrust of government which is security and welfare is guaranteed.

(f) The Principle of Even Development

Although under the federal system of government, all component units are
expected to be as much as possible self-sustaining, and that any of the component unit
should not be lag behind within the federation. As a result, units that are weak are
given special monetary resources to overcome the special areas of weakness.

(g) The Principle of Derivation

The principle of derivation believes that the distribution of resources should be
based on the degree of taxes and levies a state contributes to federal resources. The
more a state contributes to the federal resources, the more the percentage accruable to
it. This represents the position of oil producing states in Nigeria.
The Northern part of Nigerian believe that the allocation of federal resources
be based on population, size, basic needs and national interest. They place their
argument on the ground that they are more in number, they have large territories: they
need more resources to provide social amenities like schools, hospitals, roads, water,
and that there is need to be a good brother’s keeper. But the South particularly the oil
producing states or Niger Delta supported derivation and resource control. With
derivation, they believe that the sharing of the federally collected revenue should be

35
based on proportion of taxes and levies a state contributes to federal resources, and
resource control will give every state the opportunity to exercise dominion over
resources within its territory. Resource control according to Sagay (2001) has three
major components.
1. The power and the right of a community or state to raise funds by way of
taxation on person, matters, services and material within its territory.
2. The exclusive right to the ownership and control of resources within its
territory, and
3. The right to customs duties on goods destined for its territory and exercise
duties on goods manufactured in its territory.
The South Eastern part of Nigeria is very neutral as to which criteria to adopt
because the part believes in their commercial strength. The 1979 constitution provides
that the National Assembly should determine the formular to be used in sharing the
federally collected revenue.

Table 1: Summary of history of development of Revenue sharing formula

Commis Recommended Other basic features or
sioner/ Criteria recommendation
Committ
ee
Phiplipson 1946 (i) Derivation Balance after meeting central
(ii) Even progress government’s budgetary needs
allocation to regions
Hicks Philipons (i) Derivation Proportion of specified duties and
1951 (ii) Fiscal autonomy taxies allocated to regions on the
(iii) Needs and basis of derivation, special grant-
(iv) National interest capitalization, education and police
Chicks, 1951 (i) Derivation Bulk of revenues from import duties
(ii) Fiscal autonomy and excise to the reion on the basis of
consumption and derivation
Rasman 1958 (i) Derivation Proportion of specified revenue
(ii) Fiscal autonomy distributed on the basis derivation.
(iii) Balanced Creation of distributable pool
development account (DPA) with fixed regional
(iv) Need proportional shares: North 40%,
West 31%, East 24% and Southern
Cameron 5%
Binnis 1964 Same as above Composition of distribute pool
account (DPA) relative share slightly
altered, North 42%, East 30% and
Mid-West 8%
Diana, 1968 (i) Even development Special grant account introduced,
(ii) Derivation recommended the establishment of
(iii) Need permanent planning and fiscal
(iv) Minimum commission. Recommendation
responsibility of rejected
government
Decree No. 13 of (i) Population 60% Export duties to states reduced from
1970 (ii) Equality of state 100% to 60 %
50%

36
 Decree No. of Same as above Transferred rents and royalties of
1971 offshore petroleum from the state to
the federal government
Decree No. 13 of Same as above Onshore mining-rents and royalties
1975 to states reduced from 25% to 20%.
Remaining 80% to the DPA. Import
duties on motor sprint and tobacco to
be paid in 100% into the DPA. 50%
of excise duties to be retained by
federal government, 100% to the
distributable pool account (DPA)
Decree No. 13 of Same as above Regional proportional share of DPA
1976 split amoung the 12 new states, six
northern states received 7% each;
East and West states share in
accordance with relative population
Aboyade (i) Equality of access Federation account fixed
25% proportional share out of this account
(ii) National minimum between the federal 57%, state 30%,
standard 22% Local government 10% and special
(iii) Aborted capacity fund 3%. State and local government
20% joint account created
(iv) Independent
revenue 18%
(v) Fiscal efficiency
15% replaced DPA
1981Act Same as above Federation account to be shared;
federal government 10%, special
fund 3.5%
Decree No. 36 of Same as above Federation account to be shared
1984 federal government 55%, state
government 32.5% Local
government 10%, Specialo fund
2.5%
Danjumo (i) Equality of state 40% Federation account to be shared
commission (ii) Population 30% federal government 47%, state
1989 (iii) Internal revenue government 10% Local government
effort 10% 15%, special fund 8%
(iv) Land mass 10%
(v) Social development
factor 10%
Decree No, 3 of Same as above Federation account to be shared
1992 federal government 50%, state
government 20%, special fund 5%
January Same as above Federation Account to be shared
Federal government 48.5%, state
government 24%, Local government
20% special fund 7%
Source: Business and Economy: Where are the Monies? September-
November, 2013:60.

37
 The sharing of the federally collected revenue in Nigeria has been very
controversial and contradictory. The Revenue Mobilization Allocation and Fiscal
Commission (RMAFC) is empowered to draw up new revenue allocation formula for
Nigeria, and the formula used since 1999 is shown below:
Federal government 46.63%
States including FCT 33%
Local government 20%

The 1999 Nigerian constitution had increased revenue accruable to oil producing
states by 13% due to derivation (Omodia, 2008). Government also established the
Niger Delta Development Commission (NDDC) and the Ministry of Niger Delta
Affairs all in a bid to accelerate development in the oil producing areas

38
 CHAPTER THREE
RIGHTS AND OBLIGATIONS OF NIGERIAN CITIZENS

3.1 THE SIGNIFICANCE OF RIGHTS AND OBLIGATIONS IN NIGERIA

Rights can be defined as certain privileges which every citizen enjoys in a
country irrespective of sex, tribe or creed. These rights can be classified as political
right i.e. right to franchise which enables a citizen to take part in the government of
his country, directly or through freely chosen representatives. This means that he can
vote for candidate(s) of his choice during election or stand for election himself as a
candidate; legal right which enable a citizen to have free access to the courts of the
land; basic or fundamental rights such as right to life, right to dignity of human
person, right to fair hearing etc. These rights are universally accepted as very
important for human existence and they are contained in the Universal Declaration of
Human Rights of the United Nations Organization which was adopted on December
10, 1948 and is the main foundation for the protection of human rights worldwide; the
African Charter on Human and People’s Rights of the Organization of African Unity,
adopted in 1981 and which symbolizes the indigenous roots of the African
commitment to respect for human rights. The International Bill of Human Rights;
European Convention on Human Rights 1950 and are guaranteed by the provisions
of’ the Nigerian constitution.
These rights must be respected and protected by the government at all times.
However, it is disheartening to note that in most cases, these rights are often trod upon
underfoot by the government. Whenever this happens, the Liberty of the citizens is at
stake. In Nigeria, we often witness the suspension of democracy and its norms, as
well as human rights and its applications.
Obligations on the other hand involve the citizens’ moral consideration in the
discharge of their civil actions in order to make the government to be more effective.
Obligations have moral backing whereas Duties have legal backing.
However, both Obligations and Duties of a citizen are always considered
together because they involve those things that the citizen must do for his country in
order to ensure the continued existence of the country.
Some of the Obligations and Duties expected to be performed by Nigerian
citizens include: to be law abiding, to be loyal to their country, to pay their taxes
regularly and as at when due, to care for public property, to show respect for National
Flag, National Anthem, other National symbols, National Values, to perform their
civic responsibility to the state like voting during elections, etc.
It must be noted that rights and obligations go hand in hand. The government
and the citizens must show signs of responsibility by performing certain functions to
one another if the country must continue to be in existence. For this reason, the
constitution imposes certain obligations and duties on the citizens and also provides
certain rights to which they are entitled from the state. These Rights, Obligations and
Duties are very important in order to ensure the survival of the system.
Rights and Duties are two sides of the same coin. They correlative terms,
where one implies the other. One person’s rigid imposes a duty on another i.e. the
other person has a duty in respect such right and not to violate it. For instance, the
Nigerian citizens have the right to be educated and this means that government has the
duty of providing educational facilities. The citizens also have the right to health
facilities and also to choose the government of their choice, and so on. This means
that the government must build hospitals, clinics and dispensaries, make drugs
available and also allow democracy to thrive. In the same vein, the citizens are

39
expected to perform their duties to tin government such as supporting it, paying their
taxes, be law abiding, voting during election etc. If this is done, things will go on
smoothly in the country. Therefore, duty always goes with right.

3.3 EVALUATION OF THE RESPONSIBILITIES AND DUTIES OF

NIGERIAN CITIZENS AND THE BENEFITS FOR PERFORMING
THEM
The constitution of the Federal Republic of Nigeria spells out the
responsibilities and duties of the citizens to one another as well as to the country.
There is no doubt that the performance of those responsibilities and duties will
bring orderliness to the nation’s body politic and make life more meaningful to the
people. The government itself, shall in turn, be able to perform its roles adequately
and effectively.
The duties expected to be performed by the citizens of this country are:
1. To abide by the provisions of the constitution of Nigeria, respect its ideals and
its institutions, the National Flag, the National Anthem, the National Pledge,
and legitimate and properly constituted authorities.
2. To protect and preserve public property, and light against misappropriation
and squandering of public funds.
3. To help enhance the power, prestige and good name of the country and to
defend the country and render national service as may be required.
4. To respect the dignity and religion of other citizens and the rights and the
legitimate interests of others and to live in unity and harmony and in the spirit
of common brotherhood.
5. To make positive and useful contributions to the advancement, progress and
well-being of the community where he resides.
6. To work conscientiously in his lawful and chosen occupation and to abstain
from any activity detrimental to the general welfare of their citizen or to the
country.
7. To ensure the upbringing or his children.
8. To participate in and defend all democratic processes and practices.
9. To render assistance to appropriate and lawful agencies in the maintenance of
law and other.
10. To declare his income honestly to appropriate and lawful agencies and to pay
his tax promptly.

Evaluation and Benefits

1 above:

The citizens of Nigeria are expected to abide by the constitution and all other
laws of the land. The National Symbols and all the institutions that are created by the
constitution must be respected. In the same vein, legitimate and properly constituted
authorities must equally be respected.
If every citizen abides by the law of the land, things will go smoothly. So,
citizens are not expected to co-operate with law breakers so that peace should reign
supreme in the country. Instead, they are expected to make friends with the law
enforcement agents and assist them in their effort to preserve law and order and to
protect life and property.
However, it is sad to note that a group of power hungry Nigerians have formed
the habit of disregarding the constitution. They Stage coup d’etat at will and very

40
often set aside the constitution, thereby forcing the people to accept their illegitimate
government. This is a sign of backwardness on the part of the country and shows our
military boys as power hungry and uncivilized.

2 above:
It is expected that every citizen must endeavor to protect and preserve public
property like roads, bridges, government buildings, schools, vehicles, etc. The reason
is that these things are provided for the use of the people through taxes paid by them.
The idea is that if these things are destroyed through our action or inaction, then we
are all going to suffer for it in that the money that will be used to repair or renovate
them as the case may be, can as well be used by government for something else. In
the same vein, every citizen should serve as a watch-dog on the public office holders
so that they don’t spend public funds recklessly. The idea is that if the public treasury
is looted, everyone of us will suffer one way or the other. For instance, the
government may lack the necessary funds to provide social amenities.

3 above:
Nigerian citizens must protect the good name of the country wherever they
find themselves. It is important that they must not do anything that will tarnish the
name of their fatherland. They must be ready to defend the country against external
aggression.

4 above:
The right of every citizen to practice any religion of his choice is guaranteed
by the constitution. To this end, a citizen is expected to respect the rights of his fellow
countrymen as far as religious practices and beliefs are concerned. This is to ensure
that Nigerians live with one another in unity, peace and harmony. If this is done,
religious extremists will have no place in our society and religious war, that sets
brothers against one another in other countries, will not he experienced in this
country. We must show tolerance to one another.

5 above:
It is important that Nigerian citizens must make themselves useful, to their
fellow citizens and the country as a whole. To this end, they must make their presence
felt in the local community where they reside, by making positive and useful
contributions to its advancement, progress and well-being.

6 above:
It is expected that, all citizens must be engaged in lawful profession or trade
that will help in improving the standard of living of the people and make the country
to develop. They must not engage in illegal activities such as smuggling, drug
trafficking, bunkering etc., that will bring untold hardship to other citizens and affect
the economy of the country.

7 above:
Every citizen must take the proper upbringing of his children seriously. This is
because, a child that is not well cared for becomes a burden on the society. Such a
child may grow up to become a social-misfit and a bad citizen who will not be useful
to himself and to the country as a whole.

41
8 above:
Democracy has been accepted the world over as the best form of government.
Only few backward nations still operate totalitarian form of government. It is
expected that Nigeria, because of the vantage position she occupies in Africa must
show leadership qualities which other developing countries of the world will be able
to emulate. To this end, Nigeria must embrace democracy. Not only that, the citizens
of Nigeria, both civilians and military men, must contribute their quota in sustaining
democratic form of government in the country by participating in and defending all
democratic processes and practices such as, belonging to, or supporting political
parties of their choice, voting during election, standing as candidates during elections,
respecting constituted authorities etc.
It must be noted that a people will always get the type of government they
deserve.

9 above:
In order to maintain law and order and also to preserve life and property, some
law enforcement agencies are set up by the government. Some of these agencies are:
The Nigeria Police Force, State Security Services, National Drug Law Enforcement
Agency etc. It is the duty of all Nigerians to assist these agencies in their daily
activities. This is necessary if we want to have a crime-free society. Criminals in our
midst must be exposed. We must always see law enforcement agents as our friends.

10 above
This is one of the most essential duties that a citizen must perform. Since we
expect the government to do many things for us like providing social amenities such
as roads, electricity, pipe borne water, schools, health centres and hospitals, security
etc. We, as citizens, have a duty to pay our taxes fully and promptly i.e. as at when
due. So, we must declare our income honestly to appropriate and lawful agencies like
tax office, so that we can be properly by these agencies, in order to prevent under
payment of taxes.
It we all pay our taxes promptly, the government will be in a position to carry
out its duties. On the other hand, if we do not, the government will be handicapped.

3.5 EVALUATION OF THE RESPONSIBILITIES AND DUTIES OF

GOVERNMENT TO THE PEOPLE
The responsibilities and duties of government to the people, are almost the
same all over the world, whether in A Britain, Canada or Nigeria. However, our focus
shall be Nigeria. The following are the duties of Nigerian government to the people of
Nigeria:
1. To ensure that democracy and social justice thrive in Nigeria.
This has become necessary because, the citizens had agreed that, the Federal
Republic of Nigeria, shall be a state based on the principles of democracy and
social justice. To this end, it is the duty of government, to conduct periodic,
free and fair elections so as to maintain stable political atmosphere.

2. To provide security and welfare, services for the people

The government of Nigeria has established the Nigeria Police Force
and the State Security Service the purpose of providing internal security for
the people an Armed Forces like the Army, Navy arid the Air-Force which are

42
 charged with the responsibility of protecting the citizens against external
aggression.
In addition, the government provides important basic welfare services
which the citizens cannot provide for themselves because of the huge amount
of money, that will be required. Such services include: roads, hospitals,
airports, seaports, schools etc.

3. To ensure the participation of the people in their government

This is possible through political parties. Nigerians must be allowed
form, join or support political parties of their choice. Through these part they
can stand for election or cast their votes for candidates of their choice. People
who do not want to belong to any political party may even stand for election
as independent candidates
The citizens also have the right to criticize government policies
constructively and offer suggestion where necessary.

4. To ensure that the Government of the Federation or any of its agencies and the
conduct of its affairs shall be carried out in such manner as to reflect the
federal character of Nigeria and the need to promote national unity, and also to
command national loyalty, thereby ensuring that, there shall be no
predominance of persons from a few states or from a few ethnic or other
sectional
groups in that government or in any of its agencies.

5. To ensure that, the composition of the Government of a State, a Local

Government or any of the agencies of such Governments, and the conduct of
the affairs of the Governments or such agencies shall be carried out in such
manner as to recognize the diversity of the people within its area of authority,
and the need to promote a sense of belonging and loyalty among all the people
of the Federation.

6. To ensure peaceful co-existence between Nigerians and their neighbours

and between Nigerians and the rest of the world
To this end, government maintains external relations with other
countries of the world.

7. To provide employment opportunities

The Government of the Federal Republic of Nigeria is the greatest
employer of labour in Nigeria. The government does this in order to provide
job opportunities for her citizens.
This is an important duty of government. Even in some other countries,
government pay unemployment allowance to citizens that cannot be provided
with gainful employment.

8. To administer justice
The government in Nigeria has established law courts like the
customary courts, magistrate courts, high courts, courts, of appeal and
supreme court among others, to adjudicate in disputes, try offenders, interpret
the constitution, and decide on the types of punishment to be meted out to law
breakers.

43
9. To ensure that the economy is stable
Government protects the economy by regulating economic activities
with a view to ensuring economic growth through careful economic planning.

10. To make law

The Government of Nigeria has an a that charged with the
responsibility of making, amending and repealing laws for the entire country.
This arm is known as the National Assembly and it is made up of the Senate
and the House of Representatives.

EVALUATION
Having identified the responsibilities and duties of Nigeria Government to the
people of Nigeria, it is important for us to assess government efforts in performing its
duties.
1. Ensuring that democracy and social justice thrive in Nigeria
Most of the leaders that Nigeria has bad since independence did very
little in promoting democracy and social justice. The late Alhaji Abubakar
Tafawa Balewa, our Prime Minister from 1960 to 1966 and Alhaji Shehu
Usman Shagari, the second republic President of Niger did their best in this
area, but their best was not good enough, because they were accused of
undermining the survival of democracy by politicians in opposing camps and
the two of them, were toppled by the military. The fact that we have had ten
years of civil rule out of thirty-five of our existence as an independent country
shows that we have not fully imbibed the ideals of democracy and social
justice. We appear to be living in the jungle, where the most powerful, lords it
over others. Power in Nigeria is obtained through the barrels of the gun, in this
country, it is possible to annul the results of an election that has been
conducted under a free and fair atmosphere and prevent the winner of such an
election from claiming his mandate and our citizens will still go about their
normal business as if nothing serious has happened. although international
observers are feeling concerned for us.
Successive governments in Nigeria pay lip service to democracy and
social justice. Military regime are the worst as far as this is concerned. They
prevent the people from exercising their political rights and behave as if they
have monopoly of wisdom.

2. Providing security and welfare services for the people

The government of the Federal Republic of Nigeria can be awarded a
pass mark in this area. However, it must be noted that most of the government
parastatals that are charged with the responsibility of providing these welfare
services are now privatized. This has made the charges of these parastatals to
be higher than it used to be and their services out of the reach of ordinary
citizens.

3. Ensuring the participation of the people in their government

44
 This is done whenever we have civil rule in the country, but when the
khaki boys are in control, the citizens are not allowed to fully participate in
government. What we have under that situation is dictatorship.

4. Ensuring a reflection of Federal Character in the running of government

This is always adhered to by government

5. Earing peaceful co-existence between Nigerians and their neighbours and

between Nigerians and the rest of the world
The Nigerian government has always been doing this. For instance, we
have Africa as the centre piece of our foreign policy and we have been playing
a big brother’s role to other African countries.
In addition to this, we have bilateral relations with nearly all the
countries of the world. Nigeria is a member of notable regional and
International Organizations.

6. Provision of employment opportunities

The depression that has hit the Nigerian economy had made the
government to rail in its duty to provide job opportunities for those who are
interested. For this reason, a large number of our school leaven, including
university graduates roam the streets daily in starch of non-existent jobs. The
situation is pathetic.

PROGRESS TEST 3
1. (a) What do you understand by the term: Fundamental Rights?
(b) Why is it necessary that government must protect these rights?

2. Critically assess the performance of the Federal Government in the area of

protection of fundamental Rights of the citizens of Nigeria.

3. (a) Identify various collective eff which bad been made by the peoples of
the world in ensuring the protection of fundamental rights of the people.
(b) Differentiate between rights and obligations.

4. “Rights and Duties go hand-in-hand” comment.

5, The provision of article 3 of the Universal Declaration of Human Rights

(UDHR) states that:
“Everyone has the right to life, liberty and security of person”. Expatiate on
this.

6. (a) Identify the duties expected to be performed by Nigerian citizens to the

government.
(b) What benefits do they derive from the performance of these duties?

7. What are the responsibilities of government to the people? Assess the extent to
which the Nigerian government has been performing these responsibilities.

45
 CHAPTER FOUR
NIGERIAN CITIZENSHIP
4.1 THE SIGNIFICANCE OF CITIZENSHIP
Citizenship can be defined as membership of a country. For instance, Nigerian
nationals are citizens of Nigeria. These are the people that hold allegiance to Nigeria
and can be identified with it. It is important that every person must belong to one
country or the other and hold allegiance to it. Such country however, must reciprocate
by protecting the person. The conditions for becoming bonafide members of a country
differ from one country to another.

Article 15 (If the Universal Declaration of Human Rights (UDHR) provides

that:
“Everyone has the right to nationality. No one
shall he arbitrarily deprived of his nationality nor
denied the right to change his nationality’.

A citizen is a person who has full political and civil rights in a country. He is
entitled to claim these rights, either because he was horn to parent who are themselves
citizens of that country or because he has acquired citizenship status by other
methods, which the laws of the land allow. This differentiates a citizen from an alien.
Whereas an alien lives in a country for a short period of time and cannot claim full
rights, a citizen has the right to live permanently in his country and is entitled to claim
all his rights as a citizen.

4.2 THE PRINCIPLES AND BENEFITS OF CITIZENSHIP

Citizenship has the following principles:
1. Nationalism -
This implies a strong sense of devotion which a citizen has for his nation. It
embraces both sentimental and practical activities which are directed towards foreign
domination and the struggle for independence and nationhood or statehood.
A nationalist is a person who rights for the liberation of his country from
imperial yoke. He is also a person who favours or strives after the unity,
independence, interests or domination of his nation over others. It is expected that, a
citizen of a country that is facing political and economic domination from foreigners
or colonial masters, must put up resistance, by embarking on struggles, in order to
free his country from o and domination.
The British that came to West Africa and succeeded in establishing colonial
rule in order extend the area of influence and authority of the British Empire, did so in
the spirit of nationalism. In the same vein, it was in the spirit of nationalism that West
Africans themselves, rose against foreign domination and thereby succeeded in
gaining independence for their countries. Nelson Mandela and other members of the
African National congress were able to destroy apartheid in South Africa. in the spirit
of Nationalism.

2. Patriotism
This means the act of showing strong support or commitment to one’s country.
A patriot is a person who strongly supports, loves and serves his fatherland. It is
national loyalty.

46
 A patriotic citizen will find it very difficult to shirk his responsibilities and
duties towards his country. It is only unpatriotic citizen that will not care about what
happens to his country.
It is expected that a citizen of a country must be interested in the survival and
development of his country. He must be ready to defend and protect it against external
aggression. If he allows his country to be over-run by enemies, he will then become a
slave in his country and thereby lose his political and civil rights. This is the reason
why a citizen, is expected to fight for the protection of his country, to the last drop of
his blood.
To be patriotic also means supporting the government of one’s country at all
time, respecting the country’s national leaders, national symbols like flag, anthem,
pledge etc. and also to abide by provisions of the constitution of the country.

THE BENEFITS OF CITIZENSHIP

A citizen is different from a non-citizen in terms of the benefits he derives
from his country, which are not extended to a non-citizen. The following are some of
the benefits of citizenship.
1. Enjoyment of political and civil rights -
A citizen can participate in the political activities of his country. He is entitled
to join, form or support any political party of his choice. He can aspire to the highest
political office in his country. He can stand as a candidate at an election or vote for a
candidate of his choice.
In fact, article 21 of the Universal Declaration of Human Rights (UDHR)
supports this. The article states:
“Everyone has the right to take part in the government of his country, directly
or through freely chosen representatives. Everyone has the right to equal access to
public service in his country. The will of the people shall be the basis of the authority
of government; this will shall be expressed in periodic and genuine elections which
shall be by universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures”.
A citizen has full civil rights. For instance, he has the right education, to
engage in a profession or legal business of his and can claim all fundamental rights.
(These are basic rights are very important for human existence e.g. right to life).
A citizen cannot be banished from his country and he cannot be prevented
from entering it at any time. He has the right to live in his country for life and can
contribute his quota to its development.

2. Security -
A citizen must be protected at all time by his government, either when he is
living within the country or when he is sojourning in a foreign land (diplomatic
protection). To ensure security of the citizens within the country, the government
maintains security agents like the Police, whose duty is the maintenance of law and
order.
Citizens who are living outside the country are equally protected by the
foreign offices i.e. embassy which the country maintains in other countries.

3. Job Opportunities -
A citizen cannot he discriminated against in terms of job opportunities. For
instance, there are jobs that may not be given to non-citizens, so not to jeopardize the
security of a country. Non-citizens may not be employed in the armed forces, police

47
or allowed to hold sensitive positions in other areas of the economy. A citizen is free
to work anywhere and in whatever capacity.

4. National Passport -
A non-citizen cannot be issued with national passport of a country. This is
reserved only for the citizens of the country.

5. Nationals of a country cannot be refused entry into that country -

The rule, which is supported by the International Convention on Civil and
Political Rights of 1966 is that no one shall be arbitrarily of the right to enter his own
country.

6. Citizens of a country are protected against extradition by their country to

another country except there is a binding treaty between the two countries.

4.3 MODES OF ACQUIRING CITIZENSHIP

The modes of acquiring citizenship differ from country to country. However,
we shall consider the following modes:
1. By Birth:
A person automatically becomes a citizen of a country, if he is born in that
country, irrespective of the nationality of his parents. (This is when place of birth is
considered).
In addition, citizenship can he acquired by birth when a person automatically
becomes a citizen of a country where his parents originate from. (This is when blood
relationship is considered).
This is the commonest method of acquiring citizenship in Nigeria. It does not
matter where the child is horn, as long as any of his parents is a Nigerian, he too, is a
Nigerian. But he cannot hold dual citizenship. (This happens when a person belongs
to two countries and holds all to them at the same tune).

2. By Registration -
In most cases, this applies to foreign women who are married to men that do
not come from the same countries like them. The can acquire the citizenship of their
husbands’ countries through this method. However, they must renounce their former
citizenship.
In Britain however, a citizen of any of the independent nations of the
Commonwealth may acquire British citizenship through registration if he applies to
the Secretary of State, but he must he of full age and capacity and must meet
residential requirements.

3. By Naturalization -
This method enables a person to acquire citizenship status in a country
different from the country of his birth. The conditions that must be fulfilled by a
prospective applicant differ from country to country. However, it is important the
person must have stayed in such a country for at least fifteen years and must be of
good character etc.
In Britain, aliens and British-protected persons may be considered under this
method they apply to the Secretary of State. However, they must take the oath of
allegiance to the Crown and be of good character.

48
 It is noticeable that there is increase in the number of people applying for
citizenship through naturalization, especially in the advanced countries.
The reasons for this are:
(a) The wind of political instability that is blowing over Africa and other
developing countries has made some people to flee their countries and take
refuge in other countries.
(b) Economic depression that is biting some countries has made many people to
flee their homes in search of better places to live.

4. Honorary Citizenship -
A distinguished or eminent foreigner who has contributed immensely to the
socio-economic development of a country other than his own may be granted
citizenship status in that country as a mark of honour without necessarily going
through the usual process.

5. By Descent -
A person becomes a citizen of a country through this method if his
grandparents are citizens of that country.
In Britain, the child of a father who was a citizen of United Kingdom, himself,
automatically becomes a British national by descent, wherever born.

6. By Conquest -
Citizenship may be acquired by conquest. For instance, if a country conquers
another in a war, the citizens of the conquered country auto become citizens of the
victorious country.

7. By Incorporation of Territory -
In Britain, the government may direct that all citizens of a newly acquired
territory shall be British citizens.

4.4 THE MERITS AND DEMERITS OF TYPFS OF CITIZENSHIP

Merits of Citizenship by Birth
i. Citizenship by birth makes it possible for needy everybody on earth to belong
to one country or the other because nearly everybody has parents. This reduces
to the bearest minimum, the number of people who do not hold citizenship of
any state and thereby becomes problem to the international community.
ii. It makes people to be responsible in that they hold allegiance to their country
which they consider to be their fatherland and they will always want to see it
developed and this will make them contribute their quota to its development.
If efforts are made to develop all the nooks and crannies of the world, the
standard of living of the people will increase and so there will be world peace.
iii It is a very simple and good method of deciding who should be a citizen of a
country.
iv. It makes citizens of a country to be close to one another, since many of than
are related by blood.
v. Countries that accept those that are born within their territory as citizens,
irrespective of the nationality of their parents make things easy for those
people, in that they are free to decide where they want to belong, either the
country of their birth or that of their parents. Many Nigerian citizens, born in

49
 Britain. had benefitted from this opportunity. provided by the British
government.

Demerits of Citizenship By Birth –

1. The possibility of over population in a country cannot be ruled out.

Merits of Citizenship By Registration

1. It makes it possible for women who are married to men that come from
countries other than their own to acquire citizenship of their husbands’
countries and thereby be fully integrated into their new places of abode.
2. It also makes it possible for people, born outside their grandparents’ countries
and who wish to go back to their root, to acquire citizens of their original
countries.

Demerits of Citizenship by Registration

1. It makes it possible for children of citizens who had probably denounced their
original citizenship and acquired another country’s citizenship to come back to
their original home and reclaim the lost citizenship.

Merits of Citizenship By Naturalization

1. It makes it possible for those who are stateless to acquire citizenship status.
2. It makes it possible for people who had contributed to the development of a
country, to be accepted into that country as citizens.

Demerits of Citizenship By Naturalization

1. It gives room for people who flee their countries after having committed one
atrocity or another, to acquire citizenship of another country and thereby
escape punishment.

Merits of Honorary Citizenship

1. it gives opportunity to honour eminent and distinguished people who had
contributed their quota to the development of countries other than their own.
2. Those who are honoured with citizenship status in other countries always feel
the urge to further contribute to the progress of the countries that had
honoured them.

3. Other foreigners who are yet to be honoured may likely copy the good works
of those honoured and our society shall benefit from this.

4.5 THE BASIS FOR THE ACQUISITION AND WITHDRAWAL OF

NIGERIAN CITIZENSHIP
The Constitution of the Federal Republic of Nigeria 1989 states the methods
of acquiring Nigerian citizenship. These are contained in sections 25, 26, 27 and 28 of
the constitution.
1. Citizenship by Birth -
Section 25 of the constitution lists the following persons as citizens of Nigeria
by birth:
a. every person born in Nigeria on or before the date of independence,
either of whose parents or any of whose grandparents belongs or

50
 belonged to a community indigenous to Nigeria. Provided that a person
shall not become a citizen of Nigeria by virtue of this section if neither
of his parents nor any of his grandparents was born in Nigeria;
b. every person born in Nigeria on or after the date of independence
either of whose parents or any of whose grandparents is a citizen of
Nigeria; and
c. every person born outside Nigeria either of whose parents is a citizen
of Nigeria. In this section “the date of independence means the 1st day
of October, 1960.

REMARKS
Blood relationship is the major criterion by which citizenship is acquired in
Nigeria. It is also possible for a person whose mother is a Nigerian but his father is a
citizen of another country, to acquire Nigerian citizenship through this method (by
birth) provided that he will not claim the citizenship of his father’s country at the
same time.

2. Citizenship by registration -
Section 26 lists the conditions under which citizenship by registration can be
acquired and those who can acquire it. Interested persons are required to apply to the
President. However, the President must be satisfied that:
a. The applicant is a person of good character
b. has shown a clear intention of his desire to be domiciled in Nigeria,
c. he has taken the Oath of Allegiance to the country.

2. The provisions of this section shall apply to:

a. any woman who is or has been married to a citizen of Nigeria; or
b. every person of full age and capacity born outside Nigeria any of
whose grandparents is a citizen of Nigeria.

3. Notwithstanding anything contained in sub-sections 1 and 2 of this section, a

non-Nigerian child adopted by a citizen of Nigeria in accordance with
procedure approved by any law in force in Nigeria may by application by such
citizen be registered as a citizen of Nigeria,

REMARKS
Opportunity to acquire Nigerian citizenship by registration is opened to
foreign women who are married to Nigerian men; other people either male or female
who were born outside Nigeria but who can trace their origin to Nigeria by having
grandparents (s) who are citizens of Nigeria as well as non-Nigerian children adopted
by citizens of Nigeria in accordance with the laws of the land.
In all these cases, the people concerned must meet certain conditions lined
above, before their applications can be successful.

3. Citizenship By Naturalization -
Section 27 states the conditions under which citizenship by nationalization can
be acquired in Nigeria as well as those who are qualified. These people may apply to
the President for the grant of a certificate of naturalization. The conditions are:
a. The person must be of full age and capacity
b. he is a person of good character

51
 c. he has shown a clear intention of his desire to be domiciled in Nigeria
d. he is, in the opinion of the Governor of the state where he is or he
proposes to be resident, acceptable to the local community in which he
is to live permanently, and has been assimilated into the way of life of
Nigerians in that part of the Federation
e. he is a person who has made or is capable of making useful
contribution to the advancement, progress and well-being of Nigeria
f. he has taken the Oath of Allegiance to the country
h. he has, immediately preceding the date of his application, either
i. resided in Nigeria for a continuous period of 15 years or
ii resided in Nigeria continuously for a period of 12 months, and during
the period of 20 years immediately preceding his application has
resided in Nigeria for an aggregate of not less than 15 years.

REMARKS
It is important that a foreigner who will be considered for Nigerian citizenship
must be accepted in the community where he intends to live and he must have been
living in the country for 15 years.

Basis for the Withdrawal of Nigerian Citizenship

It is possible for a Nigerian Citizen to be deprived of his citizenship if he
acquires or retains the citizenship or nationality of another country and he refuses to
renounce the citizenship of that country. This means that Nigeria does not allow dual
citizenship. This applies to all categories of citizens.
Secondly, a naturalized citizen can be deprived of his citizenship if within 7
years after becoming naturalized, he has been sentenced to imprisonment for a term of
not less than 3 years.
Thirdly, all other categories of citizens except citizens by birth may be
deprived of their citizenship if it can he proved through the records of proceedings of
a court of law or tribunal that they had shown themselves by act or speech to be
disloyal towards the Federal Republic of Nigeria or had traded with, or engaged in, or
associated with any business involving an enemy of Nigeria during a war in which
Nigeria is engaged, in such a manner as to assist the enemy in that war, or unlawfully
communicated with such enemy to the detriment of or with intent to cause damage to
the interest of Nigeria.
In addition, a Nigerian may lose his nationality if he renounces his citizenship
as a Nigerian.

4.6 BENEFITS DERIVABLE FROM NIGERIAN CITIZENSHIP

1. The citizens of Nigeria have a country which they can call their own and
which they can be proud of, just like citizens of other countries are doing. The
joy of this is that they are not refugees, who have no permanent homes.
2. Through Nigeria, their country, they become relevant in world affairs because
they can participate in the activities of International Organization, like U.N.O.
or participate in International competitions like world cup, Olympic games,
African games etc.
3. Citizens of Nigeria live under a government and that government has a duty to
protect their lives and property against enemies within or enemies from other
countries e.g. Cameroonian invasion of Bekasi Peninsula.

52
4. Nigerian citizens have full political, and civil rights. Their fundamental rights
are protected by the government and they can participate in the political affairs
of their country. In fact, they can aspire to the highest office in the country.
5. They are free to enjoy all the social amenities like education, health care,
transportation system etc. that the government provides.
6. They cannot be restricted from participating in any sector of the Nigerian
economy like it can be done to non-citizens.

PROGRESS TEST 4
1. Differentiate between citizenship by birth and oilier types of citizenship.
Under what condition can citizenship be withdrawn in Nigeria?
2. What distinguishes a citizen from a non-citizen in Nigeria?
3. Mr. Thomas is a Liberian refuge in Nigeria, but he wishes to become a citizen
of Nigeria. What are the procedures that he must go through in order to realize
his ambition?
4. Discuss the benefits and principles of citizenship.
5. Define the concept: Citizenship.
What are the merits and demerits of each of the types of citizenship you have
studied?

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 CHAPTER SIX

FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES

OF STATE POLICY IN NIGERIA
Introduction
The report of the 1979 Constitution Drafting Committee proclaims that
fundamental objectives and directive principles of state policy are laid down by
policies which are expected to be pursued in the efforts of the nation to realize the
national ideals. The state policies in Nigeria are reflected in our national values,
identities and symbols such as the National Anthems, National Pledge, the Coat of
Arm, National Flag, National Passport and even the National currencies like the naira
and coins. Our national symbols are signs of our National as reflected in our National
Motto: Unity and Faith, Peace and Progress.
Enimue (2005) cited in (Obi, 2008) posits that in order to ensure ‘‘unity in
diversity’’ in Nigeria, factors of ethnicity, state of origin and “federal character” are
usually taken into account in making appointments into public service and in the
distribution of scholarships. in the award of contracts, in the citing or location of
development projects etc. The word “federal character” was designed and introduced
by the constitution Drafting Committee (CDC) which drafted the 1979 constitution of
the Federal Republic of Nigeria. Thus, the principle of federal character has envisaged
that the affairs of Nigeria shall not be predominated by “persons from a few ‘tales or
from a few ethnic or sectional groups”. It has manifested, among other things, in the
application of quota system in job placements and recruitments into military services.
in the granting of special considerations for educationally disadvantaged states, in
admission into institutions of higher learning, and in the requirement for national
spread in appointment into public offices and so on (Uroh, 2000).
Political positions and appointments are zoned in order to ensure “equitable
distribution of political offices and other prerequisites”. The military regime of
General Sani Abacha had divided the country into six geopolitical zones, namely:
North-East, North Central (Middle belt), North-West, South East, South-West, South
South (Niger Delta) (Obj, 2008).

The six geopolitical zones in Nigeria and States that Composed them are
as Follows
S Zones States in Each Zone
/N
1 North-East Adamawa , Bauchi, Borno, Gombe, Taraba,
. Yobe
2 North-West Kebbi, Kaduna, Kastina, Kano, Jigawa, Sokoto,
. Zamfara
3 North- Benue, Kogi, Kwara, Nasarawa, Niger,
. Central Pleateau, FCT
4 South-East Abia, Anambra, Ebonyi, Enugu, Imo
.
5 South-West Ekiti, Lagos, Ogun, Ondo, Osun, Oyo
.
6 South- Akwa-Ibom, Bayelsa, Cross River, Delta, Edo,
. South Rivers
Source: Obi (2008) Public Policy Analysis and Decision Making: 77

54
 The composition of the government at all levels- federal states and local
governments shall reflect the diversity of the people of Nigeria. Government shall be
responsive and accountable; and its policies shall have a human face.

6.1 The Fundamental Objective of Government as provided in the

constitution
Chapter 2, sections 13 to 24 of the 1999 contitution address the primary aim of
government. Section 13 states that it shall be the duty and responsibility of all organs
of government, and of all authority and persons exercising legislature, executive and
judicial powers to conform, to observe and apply the provision of this chapter of this
constitution. This is in line with the fundamental objectives and directives principles
of a State Policy in Nigeria. That the Federal Republic of Nigeria shall be a state
based on the principle of democracy and social justice.
It declares in section 14 that sovereignty belongs to the people of Nigeria from
whom government through this constitution derives all its powers and authority. The
security and welfare of the people shall be the primary purpose of government. The
participation by the people in their government shall be ensured in accordance with
the provisions of this constitution.
The composition of the federation or any of its agencies and the conduct of its
affairs shall be carried out in such a manner as to reflect the federal character of
Nigeria and the need to promote national unity and also to command national loyalty,
thereby, ensuring that there will be no predominance of persons from a few states or
from a few ethnic or other sectional groups in that government or in any of its
agencies.
The composition of the government of a state, a local government council, or
any of the agencies of such government or council and the conduct of affairs of the
government or council or such agencies shall be carried out in such manner as to
recognize the diversity of the people within its area of authority and the need to
promote a sense of belonging and loyalty among all the people of the federation.

6.2 General Provisions of the Fundamental Objectives and Directive

Principles of State Policies in Nigeria
The fundamental objective and directive principles of state policy expresses
the desire of government to meet the needs and aspirations of the people of Nigeria in
order to attain the following objectives.

Political Objectives
The focus of the political objective is to promote national integration or unity
in diversity. This is reflected in the motto of the Federal Republic of Nigeria which is
“unity and faith peace and progress”. The Nigerian state shall discourage any form of
discrimination on the ground of place of origin, sex, status, ethnic or linguistic
association or ties; ensure full residence right for every person from different places
of origin, religion, ethnic or linguistic association. Loyalty to the nation shall override
sectional loyalties and abolish all corrupt practices and abuse of power. Encourage
inter-marriage among persons from different places of origin, ethnic or linguistic
association or ties; promote or encourage the formation of associations that cut across
ethnic, linguistic, religions or other sectional barriers.

Economic Objectives

55
 The thematic preoccupation of the economic objectives is the promotion of a
planned and balanced economic development. Government shall harness the resources
of the nation and use it to promote national prosperity and an efficient, a dynamic and
self-reliant economy and securing maximum welfare, freedom and happiness of every
citizen on the basis of social justice and equality of status and opportunity. The
Nigerian state shall encourage every citizen to engage in any economic activities out
of the major sectors of the economy, the ownership and control of business enterprises
operating in Nigeria, the provision of adequate shelter, food, reasonable national
minimum living wage, old age care and pensions; unemployment, sick benefits and
welfare of the disabled through the instruments of law.

Social Objectives
The state social order is anchored on the ideas of freedom, equality and
justice. The state shall ensure that every citizen shall have equal rights, obligations
and opportunities. A government actions shall be humane, the exploitation of human
and material resources shall be for the good of the community, the conditions of work
are just and humane, adequate facilities for leisure and for social, religions and
cultural life, health, safety and welfare of all persons in employment are safeguarded
and children, young persons and aged are protected against any exploitation.

Educational Objectives
The state policy on education is geared towards the provision of equal and
adequate educational opportunities at all levels. To this end, government shall focus
its attention on the need to promote science and technology education; strive to
eradicate illiteracy by ensuring the provision of free compulsory and universal
primary education; secondary education; and free adult literacy programme.

Objectives on Mass Media

This is anchored on the fact that the press, radio, television and other agencies
of the mass media shall at all time be free to uphold all the objectives of the state and
uphold the responsibilities and accountability of the government to the people. The
media shall uphold to the truth in disseminating information and make government
responsible to the people.

Objectives on National Ethics

The state shall instill discipline, integrity, dignity of labour, social justice,
religious tolerance, self-reliance and patriotism to improve the moral standard of the
society.

Objectives on Culture
The state directs its policy to protect, preserve and promote the Nigerian
culture which enhances human dignity and encourages development of technological
and scientific studies which enhance cultural values.

Objectives on Foreign Policy

The state shall promote and protect national interest, promotion of African
integration and support for African unity, promotion of International Corporation for
the constitution of universal peace and mutual respect among all nationals and
elimination of discrimination in all its manifestations and respect for international law
and treaties.

56
 Objectives on Environment
The state shall protect and improve the environment and safeguard the water,
air and land, forest and wild life of Nigeria.

6.3 The Conformity, Observance and Application of the Fundamental

Objectives and Directive Principles of State Policy by Governments and
People of Nigeria
Governments in Nigeria from independence to date have formulated and
implemented policies to ensure sustainable growth and development in the areas of
economic, social, cultural and political lives of the people of Nigeria.
i. In order to ensure and promote national integration, various governments have
initiated certain policies or programmes and created certain bodies such as the
National Youth Service Corps, Unity Schools, Federal Character/Quota
System in appointment and admission into tertiary institutions, delimitation of
the country into constituencies, electoral district or wards to ensure fair and
equal representation; and encourage inter-ethnic or religious marriages etc all
to promote national integration.
ii. To promote national prosperity, efficient, dynamic and self-reliant economy,
Nigerian governments have introduced some economic and industrial policies
or programmes like Green Revolution, Operation Feed the Nation, Back to
Land, Agricultural Development Programmes, Agricultural Development
Banks, National Directorate of Employment, Structural Adjustment
Programme, Privatization and Commercialization Policy, Monetization Policy,
National Economic Empowerment and Development Strategy (NEEDS),
National Poverty Alleviation Programme (NAPEP), Foreign Direct Investment
Policy etc to enhance economic prosperity of Nigeria.
iii. To ensure freedom, equality, justice and better conditions of work Nigerian
states has introduced pension policy, National Housing Scheme, Health
Insurance Policy and Rule of Law and due process in the execution of
government contracts and infrastructural development etc.
iv. In order to provide equal and adequate educational opportunities and improve
literacy level, Nigerian governments have introduced some educational
policies such as the Universal Basic Education (UBE), 6-3-4-4 Education
Policy, National Policy on Nomadic Education, National Policy on Adult
Education, National Policy on Technical Education, Tertiary Education Trust
Fund, (TETFUND), Petroleum Trust Development Fund (PTDF), Scholarship
and Sponsorship of Researches and Students etc.
v. To promote discipline, dignity of labour, social justice, patriotism, tolerance
and self-reliance in Nigeria, government has created certain institutions and
policies such as War Against Indiscipline (WAI), Code of Conduct Bureau
and Code of Conduct Tribunal for public officers on complex issues of assets
declaration; Independent Corrupt Practices and other related offences
Commission (ICPC), Economic and Financial Crimes Commission (EFCC),
National Drug Law Enforcement Agency (NDLEA), and National Food Drug
Administration and Control (NAFDAC) etc to ensure discipline and sanity in
the Nigerian society.

57
vi. In order to protect, preserve and promote the Nigerian cultural heritage and
values which enhances dignity of human person and promote technical and
scientific knowledge through arts, government has established the National
Gallery of Arts in Lagos, promotion of cultural festivals like Federation of
States Arts and Culture (FESTAC), the Argungu Fishing Festival in Kebbi
State, Ogani Fishing Festival in Umaisha and Ireha Cultural Festival in Shafa
Abakpa all in Toto Local Government in Nasarawa State; Eyo Cultural
Festival in Lagos, Osun festival in Osun state etc. All these festivals play vital
roles in the protection, preservation and promotion of our cultural heritage and
values.
vii. To protect, preserve, promote and safeguard the Nigerian environment and the
water, air, forest, land and wild life, government has introduced the National
Policy on oil spillage, Environmental Boards and National Environmental
Standard Enforcement and Regulatory Agency etc to look into issues of
environmental degradation etc.
viii. To have free flow of information through the press, radio, television and other
agencies of information dissemination the enactment of information bill is a
very significant stride to guide misinformation and public abuse,
xi. In her effort to protect and promote national interest, promotion of African
integration, global peace and security, the Nigerian state is an active member
of African Union (AU), Economic Community of West Africa States
(ECOWAS), United Nations Organizations (UNO) and several other
international organizations. Nigeria has Embassies all over the world and
supports the African Union and United Nations’ peace missions in Sudan,
Somalia, Congo, Liberia and host of others.

6.4 Recommendations for the improvement on the provision, conformity,

observance and application of fundamental objective and Directive
Principles of State Policy
i. The country should be governed on the principles of democracy, rule of law,
constitutionalism and due process.
ii. Government should be structured in such a way that every section of the
country is given fair and equal representation.
iii. The exploitation of human and material resources should be for the benefit of
all.
iv. Government action should be human and people should be given opportunity
to choose their leaders without any fear of molestation.
v. Government should provide the enabling environment for businesses to thrive.
This will go a long way to reduce the rate of unemployment in the country.
vi. Government should instill the spirit of discipline, self-reliance and
accountability in our public and private life.
vii. Government and people of Nigeria should be patriotic and nationalistic both in
thoughts and actions to save the country from disintegration.

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 CHAPTER SEVEN

GOVERNMENT
Introduction
There are different historical accounts in respect to how government
originated. Some accounts traced government to the evolution of man, family
(kingship) and society. Some trace it to God and religion, others to war and force and
yet others to mutual consent, cooperation and understanding among people.
However, man political thinkers and writers are of the views that government
originated from the Greek City States, which the Greek called the “Polis”. The Greek
City States were characterized by the love for independence on separation, its small
size and all inclusive spheres of its activities. In Greek City States every citizen
participated in government. Greeks asked themselves some fundamental questions to
chart a road map for the development of their society. For instance, they asked why
was government necessary? If there was the need for it, who should control the
government? What mechanism do we adopt to prevent foolish selfish citizens from
causing problems? How can the foolish and the selfish be made wiser and unselfish.
These questions were very crucial in the formation of governments.
In another development, the proponents of the divine right of kings are of the
view that government or states have divine origin. Their postulations are that
government or state has been established by an ordinance of God; its rulers are
divinely appointed and they are accountable to no authority but God. Filmer posits
that Adam was the first King and the present Kings are, to be reputed. next heir to
him. When the world was in a state of anarchy people approached God and requested
Him to provide a remedy, God appointed “manu” to rule over them.
God created the state that all human institutions may be believed to have had
their origin in divine creation. As a result, obedience to the state, government or ruler
is an act of worship or religion while disobedience to the state, government or ruler is
regarded as a taboo. Historically Kings like King James 1 of England, kings in
monarchial states like Saudi Arabia, Jordan and Morocco assumed to be divinely
appointed and they were accountable to no authority but God.
The patriarchs or the believers of patriarchal system are of the opinion that
government can be traced to family and kingship system Particularly in the traditional
societies like from the tribe of Arabia, North Africa, Scottish Clan, Roman Gartes and
Hindoo villages. The father is the chief of the family. The right of the father was held
to be his right to govern his family, children and servants. The early Roman law gave
the father absolute authority over the children, his servants and slaves - the right to
life and death. As time progresses, the absolute authority exercised by the father was
taken over by the state; both the father and the child belonged to the state. In civilized
societies or nations, the patriarchal authority is trans fornied into the state. The nation
like the family is called by the name of its ancestor or founder and by geographical
inclination.
The protagonists of force are of the convictions that government can be traced
to force. The state or government emerged as a result of the subjugation of the weak
by the strong and the eventual emergence of the victor. With increase in population,
pressure on the means of subsistence and improvement in the art of warfare, fighting
became an inevitable. A slate or government is founded when a leader together with
his army of warriors after getting a firm control over a definite territory of a
considerable size, he establishes the position as of the ruler of his own tribe and
extends his authority to the neighbouring tribes or territories (Appodrai, 1968). This

59
was what happened in Scandinavian, in 19th century, the innuinerable tribes became
gradually consolidated as the result of hard fighting into the three historical kingdoms
of Norway, Den mark and Sweden.
The proponents of the social contract theory like Rousseau believed that the
state or government emerged as a result of an agreement or contract. The contract is,
citizens accepted to submit to the authority of the state and government believing that
it governs well. As part of the contract, a government that violates the condition losses
its legitimacy and will be thrown out through voting. By this, government is a product
of mutual consent and cooperation among the people in the society. In his
contribution, Thomas Hobbes was of the view that before the contract man was living
in a state of nature, where life was solitary, nasty, wicked, and brutish, miserable and
short. This implied that life during the state of nature was lawless, anti-social and
unjust. This condition necessitated the need for government to provide for security
and welfare.

7.1 Meaning of Government

The concept of government has a lot of definitions like many other concepts in
social sciences. Government can be defined as a designated authority that is saddled
with the responsibility of making and enforcing laws for the state Also it can be
described simply as the method of governing or how people rule themselves. (Samu,
2014) describes government as:
“The organization, machinery, or agency through which a political unit
exercises its authority, control, and administration of public policy, and direct
and control the actions of their members. That government has authority over
peoples. persons and property. It exercises this by enacting laws and levying
taxes. If people do not obey the laws or pay taxes, government seizes their
property and often their person”.
Government occupies a central position in the society. It determines our access
to welfare and basic means of livelihood. It determines what happens to our life as
human beings and what happens to our right, as citizens (Agwu, 2005). Government
can be discussed under the three headings enumerated below:

7.2 Government as an Institution of the State

Government as an institution of the state refers to the agencies or institutions
that carry out the basic functions of government. It looks at the ways through which
these institutions or agencies make and enforce law in a given state. Agencies or
institutions like Legislature, Executive and Judiciary carry out the basic functions of
government: The Legislature makes laws. Executive implements the laws and other
policies of the state and Judiciary interprets and adjudicates the law and punishes
offenders in accordance with the provisions of the constitution.

7.3 Government as a Process or Art of Governing

Government as a process means the procedure through which laid down rules
and regulations are implemented or enforced in a state. Nwnkwo (2002:2) describes it
as the process of administering and implementing laid down rules and regulations in a
department, ministry or company. It is through government or its agencies rules and
regulations are made, carried out and enforced for the good governance of a state.
Also Johnson (2003:6) defines government as a process or art of governing as a body
vested with the power and authority for maintaining security, peace and stability by
making and enforcing conventional and fundamental laws in a given state or society.

60
Through the formulation and implementation of policies in the state, government as a
process or art of governing regulates the activities of the citizens and at the same time
steers the affairs of the state.

7.4 Government as an Academic Field of Study

Government is studied as a subject in the university in Nigeria referred to as
Political Science. Political science is an area of discipline dedicated to the study of
principles that regulate the structures and organization of government. Also it is a
discipline that subjected itself to the study of conflicts and conflict resolution and
management through the mechanism of mediation, reconciliation and arbitration.
Thus, Political Science studies the “phenomena of government’’, its institutional
structures and organizations. It is also described as the scientific study of politics, and
decision making in respect to how the resources that authoritatively allocated among
the different and divergent forces in the society.

7.5 The Need for government

Government is an embodiment of people that chart the direction of the society.
The need for a government becomes paramount when man started the notion of living
in a state. He decided to forsake some of his natural rights to the state, believing that
the state will protect these rights.
But before man nursed the notion of living in an organized society, he lived in
a state of nature where life according to Hobbes was ‘‘solitary, poor, brutish and
short’’. In that era man behaved like a beast, the strong subjugated and subdued the
weak. Life during the state of nature was very meaningless because there was general
insecurity, inequality of man to man. molestation and poor means of livelihood.
The dehumanization and frustration that accompanied the state of nature
compelled man to enter into a contract to form a common wealth or government to
salvage humanity. The rationale behind the formation of government through a
contract was to ensure security of lives and property; and provide welfare to the
people. The people that were chosen to manage the affairs of the political community
must be responsible and accountable to the people as part of the contract and the
contract was renewable. This idea reflects the central message behind the social
contract advocated by Rousseau.
Therefore, government is formed through the mutual consent, cooperation and
understanding among the people in the society. Sovereignty belongs to the people by
whom government derives all its powers and authorities. The need for government is
imperative because it liberates man from ignorance; prepare him to take active part in
carrying out the affairs of his society; to know his rights. duties and obligations as a
legal member of the political community and provides for security and welfare of the
people in the society.

7.6 Functions of Government

Government provides the following functions:
i. Maintenance of Law and Order: Government maintains security, peace and
order through police and other security agencies. It makes sure that society is a
safe place for the citizens so that they can carryout their daily activities
without any hindrance.
ii. Protection of Lives and Property: In addition to maintaining law and order,
it is also the duty of the government to protect lives and property of its citizens

61
 through the police force, courts and other relevant institutions of the state
charged with such duties.
iii. Provision of Social Amenities: It is the duty of government to provide social
amenities like schools, good roads, hospitals, pipe-borne water and other
essential services to the people in order to improve their standard of living.
iv. Provision of employment opportunities: Also it is the duty of the
government to provide employment opportunities to its citizens by providing
infrastructural facilities arid enabling environment where industries and
business activities can thrive.
v. Maintaining external relations: Government established and maintain
friendly relationship with other countries of the world through the
establishment of high commissions and signing bilateral multilateral treaties or
agreements with other countries of the world to improve their economic.
social, political and cultural ties.
vi. Defence of the country: Government defends the country and its citizens
against internal and external aggression by providing or a strong military, a
viable police mice and other security agencies in the state.
vii. Production of the fundamental human rights: Fundamental human rights
are inalienable rights of the citizens in the state. It is the duty of the
government to protect and guarantee human rights such as freedom of speech.
Association, movement, religion, right to life, right to dignity of human
persons and many more.

7.7 Forms/Systems of Government

There are different factors that influence the types or forms of government
adopted by states. These factors according to Olaleye and Asowlayu (1987) are many
but interrelated. They include population. Ecology, history. politics. geography.
centrifugal and centripetal social forces and culture. Therefore different forms or
types of government can be identified.
i. Monarchy
This is government by one person. usually king or queen. The king or queen
comes to power through inheritance. There are no legal limitations to the power of the
monarch. Monarchial form of government is divided into two:
1. Absolute monarchy: This is a type of monarchy where the king or queen
exercises unlimited power and opposition this unconstitutional. Ascendency to
the throne is hereditary and only death can terminate the government of an
absolute monarchy. An absolute monarch can degenerate into titular
monarchy, a situation where a monarch exercises little influence oil, the
subjects. Examples of modern absolute monarch can be found in places like
Saudi Arabia Jordan, Morocco and Emirs in the northern part of Nigeria
amoung others.
2. Constitutional monarchy: This is the type of monarchy in which the king or
queen exercise limited power and opposition is allowed. Though, ascendancy
to the throne is hereditary but the king or queen can be removed from the
office if the need arises. Example of modern constitutional monarchy is
practice in Britain, Austria. and Yoruba people in the western part of Nigeria
among others.

ii. Tyranny

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 This is a degenerated from of monarchy. It is the form of government in which
a single individual uses the powers invested in him to oppress the people solely to
satisfy his own interest. This form of government is not encouraging and has given
way to modern government where opposition is encouraged and public opinion is
allowed.

iii. Aristocracy
The term aristocracy emanates from two Greek words ‘Aristo’ and ‘Kratos’
meaning best and power respectively. It is therefore, the government ruled by the best
citizens or persons of the highest social status in the society. Normally such people
hold the political power, wealth and intellectual capabilities in the society.
It is important to note that in every government there are a lot of aristocracies
and every government stands to benefit from the unique features of aristocracy. This
Form of government emphasizes quality not quantity; it emphasizes strictly on
excellence, integrity and honor from one generation to another. Though, government
by the few is always authoritarian and participation is limited. Where aristocracy is
not controlled, it leads to oligarchy.

iv. Oligarchy
This is a form of government by a few people in the society. It is made up of
people whose sole aim is to monopolize political power for their own selfish interest.
Military form of government is a good example of modern oligarchy.

v. Democracy
The term democracy is derived from the Greek word ‘demo” means people
and means to rule Democracy means government by the consent of the people where
the majority rules while the minorities are protected. Democracy is either direct or
indirect; the former is where people come together to discuss their common problems
or welfare while the latter is where people elect their representatives to act on their
behalf. Democracy is generally attributed to the concept of rule of law.
constitutionalism, separation of power, checks and balances. periodic election, the
presence of opposition and public opinion.

vi. Republicanism
This is a representative form of government whereby the Head of State is
elected for a fixed term. This form of government emphasizes the supremacy of the
parliament; periodic election; sovereignty of the people; rule of law and
constitutionalism; individual right and freedom; representative and accountable
government.

vii. Military Rule

This is a form of government that comes to power through coup de tat. It
suspends the constitution; and uses decrees and edicts as an instrument of law. This
form of government is dictatorial in nature, opposition is highly discouraged and
public opinion is suppressed.

viii. Presidential System of Government

This is the system in which all executive powers are vested in one person
called the president and in which the executive arm of government is separated from
the legislative (Anyaele, 2003). Here the president is the chief-executive of the state.

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He exercises both the executive and ceremonial functions. He appoints his ministers.
He has the entire country as his constituency and is entirely responsible for the affairs
of the state. The president exercises the power of prerogative of mercy; that is he
grants state pardon to its citizens who err against the nation. Examples of countries
that practice the presidential system of government are Nigeria, Ghana, United States
of America and others.

ix. Parliamentary System of Government

This is the system in which the head of state is different from the head of
government and where there is no strict separation of powers between the executive
and the legislature (Anyaele. 2003). Under the parliamentary system of government
the Prime Minister is the head of government who exercises real executive powers
and the president as the Head of state exercises ceremonial powers. A good example
is the Great Britain.

x. Federal System of Government

This is the type of government where authority and power are shared between
two levels of government, the central or national government and the component state
governments (Nwankwo. 1992). Under this system of government, the federal
government is given exclusive power over some specific matters like defense,
currency, immigration and others while the state government equally have residual
powers over some defined matters like chieftaincy. markets and so on. Both the
federal and state government have power on mattes contained in the concurrent list
like education, housing. agriculture etc. But in the event of conflict between the
federal and state government over matters in the concurrent list the federal
government prevails. Both the federal and the state government derive their powers
from the constitution Examples are Nigeria and the United States of America.

xi. Unitary System of Government

This is the types of government where all the power in a country is vested or
concentrated on the central or national government (Nwankwo 1922). That is to say
there only one central authority that assigns powers and functions to local units or
bodies to act on her behalf.

xii. Confederal System of Government

This is a loose political arrangement in which automous or sovereign states or
republics come together to form a union in which almost all the major functions of
government are reserved exclusively for the component unit or states with a weak
centre (Anyaela, 2003). That is to say the component units are stronger than the
centre. therefore, can break out of the union at any time, Senegambia was a
confederation made of sovereign Senegal and Gambia but could not last because of its
inherent contradictions.

xiii. Capitalism
This is a political and economic ideology that encourages private ownership of
the means of production, distribution and exchange capitalism has a common features
of private ownership of the means of production and exploitation of wage labour, the
existence of free competition and productive forces develop more or less smoothly
(Jones et al, 2002). This economic ideology encourages profit maximization, savings
and investment. Examples are Bristain, United States of America. France and others.

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xiv. Socialism
Socialism was formed by Karl-Marx who was regarded to as the father of
socialism. This is a political and economic ideology that encourages public ownership
of the means of production, distribution and exchange, in this political arrangement,
all the non-human materials of production and distribution are controlled and operated
by the government on behalf of the citizens (Anyaele, 2003). Here production is
essentially based on need and not on profit, equitable distribution of income, non-
market economy and free provision of social services. Thus, socialist economy is
based on the central plaining of all economic activities. Countries like Cuba, Romania
and Russia practised socialism.

xv. Communism
According to Marx. Communism is the highest state of capitalism. It is an
economic system in which the means of production and distribution are totally
controlled by the state. The system abolishes individual ownership of property; the
state owns everything and resources are distributed to the citizens to each according to
his needs. Countries like Cuba, Russia and China that are practicing socialism at an
advanced stage hope to reach communist stage.

xvi. Feudalism
This is the political and economic ideology that is based on land ownership. It
involves feudal lords and serfs. The feudal lords’ private ownership of the land and
their partial ownership of the serfs provided the basis for the relations of production in
feudal society. The peasants who inherited the plot of land were obliged either to
work the landowners land using their own implements (Labour rent or corves), or land
over part of their output in kind to the landowner (rent in kind or quit rent) or to do
both (Jones, et al 2002).

xvii. Totalitarianism
This is the form of government in which one single central authority controls
everything and opposition is totally unacceptable. State controls the mass media,
existence of a single political party, absence of rule of law an arbitrary exercise of
political power. Examples of totalitarian government were in Italy under Musolini in
1922.

xvii. Authoritarianism
This is another form of totalitarian which is characterized by lack of
institutionalized opposition. lack of alternative set of policies and programmes, ideas.
leaders and change of official personnel by death or prolonging of the dominant
leader. These systems were common features of countries with one party oligarchy
like China, Cuba etc.

xix. Fascism
This is the form of government that recognizes the use of force as a state
policy. It was practiced in Italy under Benito Musolini in 1922. Williams (1973)
summarized the general features of fascism as distrust of reasons, denial of basic
human equality, code of behaviour based on lies and violence, government by elite,
totalitarianism, racism, imperialism and opposition to international law.

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 CHAPTER EIGHT
ARMS OF GOVERNMENT
Introduction
The arms of government are the institutions or structures that carryout the
basic functions of government. Arms of government therefore, are structures of
government that takes part in fulfilling the general functions of the government
(Anyaele, 2003)
The three arms of government are legislature, executive and judiciary.
Traditionally, the legislative makes laws, the executive implement the law and the
judiciary interprets the law and each of the three organs of government act as a check
on the other two.

8.1 The Legislature

The legislative arm of government plays important roles in the modern
political dispensation. Its institutional functions are law-making, oversight, acting as a
check on the other arms of government institutions (Pine, 2010). The legislature is
also known as parliament. In Nigeria, the federal legislature is called National
Assembly comprising the Senate and House of Representatives, with 109 Senate
Members and 360 Members of the House of Representative. In the US the legislature
is called Congress consisting of the Senate and House of Representatives and in
Britain it is called Parliament comprising the House of the Lord and the House of
common. Also in Nigeria at the states level, there are the State Houses of Assembly
that makes laws for the state.

8.1.1 Types of Legislature

There are two main types of legislature: namely the unicameral legislature and
the Bicameral legislature.

Unicameral Legislature
Unicameral Legislature Otherwise called Unicameralism is a Legislature body
with only one chamber whose members are directly elected by popular suffrage: the
type of legislature with a single or one chamber (Nwankwo, 1992). Countries like
Turkey, Greece, Bulgaria. Yugoslavia. operate a unicameral legislature.
A unicameral legislature allows speedy and quick legislation. It is relatively
more economical and it meets emergency situations. But on the other side of the coin,
it allows hasty legislation leading to bad news. The danger of emergence of
dictatorship and the interest of the minority is not adequately protected

Bicameral Legislature
Bicameral legislature otherwise known as Bicameralism consists of two
houses or two chambers whose members are directly elected by popular votes. This is
the type of legislature with two chambers (Nwankwo, 1992). In Nigeria and USA the
upper house is called the Senate and headed by the Senate President while the lower
house is called the House of Representatives and is headed by a Speaker.
A bicameral legislature allows good law making as it gives room for
deliberations. It gives equal representation to a country with large population and it
protects the interest of the minorities but on the other hand, bicameral legislature
delays legislation and it is expensive to operate. with an unhealthy rivalry between the
two chambers.

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8.1.2 Functions of the Legislature
The main functions of the legislature arm of government are:
i. Law making: The primary responsibility of the legislature is to enact or make
laws for the good of the country.
ii. Approval of appointment: It is also the responsibility of the legislature to
approve or confirm major appointments made by the president.
iii. Control of public expenditure: The legislature aims of government controls
and approves the proposed financial expenditure of the government.
iv. Amendment of the constitution: It is also the constitutional responsibility of
the legislature to amend the constitution of a country wherever it is deemed
necessary.
v. Ratification of international treaties: The legislative arm of government
ratifies and approves all the treaties and agreements entered into by the
president or prime minister with other countries of the world.
vi. Removal of the president: The legislature has the constitutional power to
impeach the president when he is no more abiding by the provisions of the
constitution.
vii. Dissolution of the legislature: The legislature has the power to dissolve the
legislative house at its expiration
viii. Control of the executive: The legislature is empowered by the constitution to
check and control the executive arm of government to avoid misrule or bad
governance.

8.2 The Executive

The executive is the organ of government that is primarily saddled with the
responsibility of implementing the laws made by the Legislature to provide for the
welfare of the citizenry. It is the organ of government responsible for the
implementation, execution or enforcement of laws. policies and directives made and
given by the legislative arm of government (Anyaele, 2003). Members of the
executive include: the president, prime minister, ministers, governors, commissioners
etc.

8.2.1 Types of Executive

There are two types of executive namely: Single Executive and Dual
Executive
1. The Single Executive
The single executive otherwise known as unicephalous executive is where an
individual or a single person is vested with the power and functions of the head of
suite and government. The type of executive with a single chamber and an individual
as the Chief executive who has both ceremonial and executive powers vested in him
(Nwankwo, 1992). The president is expected to be above partisan politics. This is
indeed the essential leature of presidential system of government as practiced in
Nigeria and United States of America.

2. The Dual Executive

The dual executive is also known as bicephalos executive where there are two
heads, the head of state who is the president and the head of government who is
designated as the prime minister. The prime minister exercises real executive
functions while the president carryout ceremonial functions. Counties like Britain.

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Sweden, Belgium and even Nigeria in her first Republic. 1963 operated a dual
executive.

5.2.3 Functions of the Executive

The main functions of the executive organ of government are:
i. Implementation of laws: The primary duty of the executive organ of
government is to execute or implement the laws made by the legislature for
the betterment of the citizens of the country.
ii. Maintenance of law and order: The executive uses the police, solders and
other security forces to maintain law and order in the country.
iii. Initiation of bills to the legislature: The executive initiates and send bills to
the parliament to pass into law to ensure good governance, accountability and
general development of the country.
iv. Preparation of budgets: It is also the duty of the executive to make or
prepare the proposed financial expenditure and revenues of the government in
every new financial year.
v. Giving Assent to Bills: The head of the executive. the President, governor or
chairman of local government gives assent to bills before they finally become
laws.
vi. State pardon: The executive is empowered by the constitution to pardon and
reprieve convicted offenders in a country.
vii. Maintenance of international relations: The executive maintains
international relations, signs treaties and agreements with other countries on
economic, social, political, technological, and educational grounds.
viii. Appointment of judicial officials: It is the responsibility of the executive to
appoint the chief justice of the federation and other high officials of the
judiciary like Supreme Court judges but subject to approval by the legislature.
ix. Military function: As the commander in chief of the Armed forces, the head
of the executive exercises important functions to maintain internal and
external aggression.
x. Political Appointments: The executive president appoints ministers,
ambassadors, heads of government agencies and parastatals.

8.3 The Judiciary

The judiciary is that organ of government that is principally committed to
interpret he laws made by the legislature. It is the third organ government responsible
for interpretation and application of the law when they are broken or violated
(Anayaela, 2003). It adjudicates in conflict between the legislature and executive,
government and citizens as well as citizens. It serves as the lenders of last resort o he
government and people. it protects the right and property of the citizens whenever
they are tempered with.

8.3.1 Functions of the Judiciary

The major constitutional functions of the judiciary are:
i. Interpretation of law: The primary duty of the judiciary is to interpret the
law in order to ensure peace, justice and orderliness in the society.
ii. Guardians of the constitutions: It is also the responsibility of the judiciary to
protect the constitution of the country from flagrant violations by the
government and powerful individuals in the society.

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iii. Protection of citizen’s rights: The judiciary protects the fundamental human
rights of the citizens, rights such as freedom of movement, association, dignity
of human persons, religion, public opinion and many more.

iv. The judiciary determines electoral positions in a bid to as certain the real
winner tin the election.
v. The judiciary serves as the watch dog of the society; it ensures that laws and
orders are maintained and awards punishment to the wrong doers.
vi. Legislative Functions: The judiciary gives important pieces of advice on
constitutional preparation and amendment, the passing signing of the bills by
the legislature and executive organs of government.

8.3.2 Composition of the Nigerian Judiciary

The judiciary is made up of many courts like Supreme Court, appeal courts,
high courts, magistrate courts, customary courts, for the judiciary to be effective and
efficient in the performance of its duties it has to be independent of other or of
government and powerful individuals in the society.

DIAGRAM

The Supreme court is the highest court in Nigeria and it is headed by the Chief
Justice of Nigeria and supported by other Justices of the Supreme Court who may not
be less than 15 as may be decided by the Act of the National Assembly. Decisions
taken by the Supreme Court cannot be challenged by any court.

8.4 Relationship among the Three Organs of Government

Though the three organs of government perform different functions; the
legislature makes laws, executive implements the laws and judiciary interprets the
laws, but the three organs of are complementary and coordinated.

Legislative/Executive Relations
i. The legislature makes the laws while the executive implements the laws made
by the legislature.
ii. The legislature initiates bill and debates on it while the executive passes assent
on the bill before it becomes laws.
iii. The legislature can remove the president through impeachment under the
presidential system of government or pass vote of no confidence on the prime
minister under the parliamentary system of government.
iv. The legislature ratifies all international treaties entered into by the president or
prime minister.
v. The legislature cheeks the excesses of the executive organs of government to
avoid misrule and abuse of executive power.

Executive/Legislative Relations
i. The Executive initiates bills and sends them to the Legislature for approval.

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ii. The Executive prepares annual budget and sends to parliament for approval.
iii. The executive gives states pardon on the convicted offenders but the
legislative approves of it.
iv. The executive gives assent to bills after the bills have passed through
legislative process.
v. Major appointments made by the executive must he approved by the
legislature.
vi. The executive signs treaties with other countries on behalf of the state while
the Legislature approves of such treaties.
vii. The executive declares a state of emergency in the state but the Legislature
approves such declarations.

8.4.3 Legislative and Executive Relations with Judiciary

The judiciary acts as a check on both the Legislative and Executive arms of
government. It declares null and void any action of the Legislature and executive that
run contrary to the provisions of the constitution. The judiciary as a lender of last
resort, settles disputes between parties whether Legislature. Executive. corporate
bodies or individuals.

8.5 The Independence of the Judiciary

The ideas of the independence of the judiciary can be traced from the theory of
separation of power by Baron de Montesquieu. He stated that it liberty and freedom
are to be maintain then the three branches of government that is the executive, the
legislature and judiciary must be kept separate and entrusted to different people. But
the three branches must be coordinated and mutually independent, each having a
indisputable power in its sphere of jurisdiction.
Independence of the judiciary connotes a situation in which the judiciary
discharges its duties without being molested and subjugated by the external bodies.
The judiciary is insulated from the control of the other two organs of government, its
officials are free to take judicial decisions without any fear or favour (Anyaele, 2003).
The effectiveness of the judiciary is not determined by the structure of court but by its
very independence. The Supreme Court is the highest court in Nigeria; its jurisdiction
cannot be challenged by any court in the country.

8.5.1 Factors that Determine Independence of the Judiciary

The effectiveness and efficiency of the judiciary in any social formation is not
determined by the structures or the arrangements of court, but by its independence.
The main factors that ensure independence of the judiciary are:
i. Appointment of judges: The method of selection of judges should be based
on merits and achievements. An independent body or commission should be
constituted to determine the method of selection of judges, and judicial
officials, their welfare and conditions of service.
ii. Security of tenure: The judges and judicial officials should have no definite
tenure of office. It will help to ensure independence of the judiciary.
iii. Immunity: The judges and magistrates should be immune from persecution in
discharging their duties.
iv. Political neutrality: The judges should not be involved in active polics if
judicial independence is to be maintained.
v. Remuneration: The salaries of judges and magistrates should be paid from
the consolidated fund.

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vi. Separation of power: There should be clear separation of power between the
judiciary and other arms of government.
vii. Welfare packages: The judges and judicial officials should be given better
treatment in order not to make them look beggarly.
8.6 Separation of Powers and Checks and Balances
Theory of separation of power was developed and popularized by a French
political thinker and Jurist Baron de Montesquieu. in his book titled “espirit des lois”
which mean the spirit of law published in 1748. He argues that if liberty and freedom
are to be maintained then the three branches of government, that is executive,
legislative and judiciary must be kept separate and entrusted to different people.
He was of the opinion that this would provide a safeguard against too much
concentration of power in one central authority. He opines that each of the three
branches of government must be conformed to the exercise of its own functions and
not allowed to encroach upon the functions of the other arms. That the three branches
must be coordinated and mutually independent, each having a disputable power in its
sphere of jurisdiction. Separation of power prevents excessive and arbitrary use of
political state powers by the three arms of government. It avoids dictatorship and
abuse of power. Separation of power brings about division of labour and
specialization. Also it brings about efficiency and orderliness in administration. The
doctrine of separation of powers were reflected in the 1999 Nigerian Constitution, in
part II, THE POWERS OF THE FEDERAL REPUBLIC OF NIGERIA. in section
4(1), (2) 5(1), and 6(1) among others.
1. The Legislative powers of the Federal Republic of Nigeria shall be vested in a
National Assembly for the Federation which shall consist of the Senate and a
House of Representatives.
2. The National Assembly shall have power to make laws for the peace. order
and good governance of the Federation or any part there of shall be vested
with respect to any matter included in Exclusive Legislative list set out in part
1 of the Second Schedule to this constitution.
a. (1) ... The Executive Powers of the federation (a) shall be vested in the
President
5.4 (I) ... The judicial powers of the federation shall be vested in the courts.

It is obvious that the above constitutional provisions testified to the

applicability and work-ability of the principle of separation of powers as advocated by
Montesquieu. Thus, some time there is intergovernmental rivalries particularly
between the executive and legislature in the process of carrying out their
constitutional responsibilities. These legislative-executive rivalries has heated the
body polity as the relationship between the two arms in the 1999 National Assembly
was highly confrontational leading to unstable leadership of the National Assembly.
Within a period of two years. three senate presidents had emerged: Senator Evan
Enwerem. Senator Chuba Okadigbo and Senator Anyim Pius Anyim. But the seventh
assembly under the leadership of Senator David Mark had enjoyed considerable
stability.
This is an indication of harmonious relationship between the legislature and
the executive arm of government. It does not mean that there is no rancour between
the legislature and the executive in carrying their constitutional responsibilities. The
recent conflict between the legislature and the executive arm of government over the
non implementation of the 2011 budget is an indication that democracy is at work in

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Nigeria. such development prevails on the executive to live up to expectation in
discharging its duties.
In furtherance of ensuring harmonious relationship, the legislature performs
certain judicial or quasi-judicial duties like the impeachment of public office or the
investigatory power of committees which is an oversight function of the legislature
(See section 88 of the 1999 Nigerian constitution), Also the constitution empowers
the judiciary to declare void (See Section 233 of the 1999 constitution) exercises
powers which are either legislative or constitution empowers it to exercise the powers
and pardon (see section 175 of the 1999 constitution).

8.7 Separation of Powers under the Presidential System of Government in the

United States of America and Nigeria
The Fact that United States of America and Nigeria operate a presidential
system of government implies that the structure of government is determined by the
system. The three organs of government: legislature, executive and judiciary work
together under the principle of separation of power (Agwu, 2005). Here the primary
concern of the legislature is to make laws, executive implements the laws made by tile
legislature and other policies of the government to achieve the fundamental objectives
and directive principle of State Policies; the judiciary is the interpreter of the laws.
Under the Presidential system of government, the President is the commander
in chief of the Armed Forces and is both the head of state and government. In this
regard the executive president exercises real executive functions: appoints ministers,
and other members of the executive. Also The president exercises power of
prerogative. Therefore, separation of powers creates constitutional checks and
balances, thereby Protecting the people against tyranny and abuse of power.
The President is elected separately in a presidential election for a fixed term of
office, to be specific four years in case of Nigeria and United States of America. and
could seek re-election for a second time. He does not need a majority in the National
Assembly or Congress to form a government.
The 1999 constitution of Nigeria places a unique burden on the legislature in
addition to its traditional role of law making. The legislature in addition to its
traditional role of law, it has the constitutional power to ensure checks and balances in
the system based on the doctrine of separation of powers. The legislative assembly
approves major appointments made by the executive arm of government. It exercises
power of appropriation, it deliberates on matters of general or particular interest, it
amends the constitution when the need arises and provides political education to the
public.
Thus, the structure of government at both the federal and the state is indeed
the same in the sphere of the operations of the principle of separation of powers. The
only noticeable difference is that at the federal level the legislature is bicameral in
nature, the Senate and House of Representatives are referred to as the National
Assembly in Nigeria and Congress in the United States of America. In Nigeria, the
Senate which is the upper House is based on equality of states where each state is
represented by three senators: The House of Representatives which is the Lower
House is represented on the basis of population. The state has a unicameral legislature
called the State House of Assembly saddled with the responsibility of making laws in
the state.
The judiciary does not only interpret or adjudicates the laws but also acts as a
check on the legislative and executive arms of government by declaring any of their

72
actions which are contrary to the provision of the law of the land null and void and
unconstitutional.

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8.8 The Principle of Separation of Powers under the Parliamentary System of
Government in Britain
Britain operates a parliamentary system otherwise known as the cabinet
system of government with the Prime Minister as the head of the government
exercising real executive functions while the queen act as titular head of state
separated from the effective head of government, exercising ceremonial function.
There is fusion of power between the executive and legislative aims and partial
separation of the judiciary from the two other organs. The cabinet is headed by the
Prime Minister who is chosen from the parliament; ministers who constitute the
executive are also members of the parliament or legislature.
The Prime Minister himself is the leader of the government. He/she selects the
other ministers who constitute the cabinet which is a platform that joins the legislative
and executive arms of government together. The cabinet is either voted into or out of
power by the majority of the members of parliament
It is obvious to note that under the British parliamentary system. ministers
participate actively in the process of making laws; they also make statutory orders,
rules and regulations in form of delegated law.

8.9 Election/Appointment of the Executive at the Federal Level

Section 130 (2) of the 1999 constitution as amended provides that the
President shall he the Head of State. the Chief Executive of the Federation and
Commander-in-Chief of the Armed Forces of the Federation.
Section 131 provides that a person shall be qualified for election to the Office
of the President if he is a citizen of Nigeria by birth. has attained the age of forty
years. he is a member of a political party and is sponsored by that political party and
he has been educated up to at least School Certificate Level or its equivalent.
Section 132 (1) provides that an election to the Office of the President shall be
held on a date to be appointed by the Independent National Electoral Commission; the
President has the whole of the country as his constituency and is elected for a four-
year term and could seek re-election for another four-year term.
The president can be removed from Office when the National Assembly is
satisfied that he has erred against the State. adjudged to be a lunatic, absence or death,
The Vice President will be mandated by the National Assembly to take over the
administration of the country in the event of impeachment or death.
It is obvious to note that the President as the Commander-in-Chief of the
country. appoint his Ministers. ambassadors/High Commissioners, Heads of
governmental ministries/parastatals, adviser and each one of them is individually
responsible for his/her action in the case of Presidential system of government. He
exercises power of prerogative of mercy. that is, he grants state pardon to erring
citizens. But in the case of the parliamentary system of government all members of
the cabinet can lead to the dissolution of the entire cabinet.

8.10 Election/Appointment of the Executive at the State Level

Section 176 (2) of the 1999 constitution provides that the Governor of a State
shall be the Chief Executive of the State.
Section 177 provides that a person shall be qualified for election to the Office
of Governor of a State if he is a citizen of Nigeria by birth. he attains the age of thirty-
five years. he is a member of a political party and is sponsored by that political party;
he has been educated up to least School Certificate Level or its equivalent.

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 Section 178 (1) provides that an election to the Office of Governor of a State
shall be held on a date to be appointed by the Independent National Electoral
Commission. The Governor has the whole of the state as his constituency and is
elected for a four-year term and could still seek re-election if he desires for another
four-year term.
The Governor can be removed from the Office, if the State House of
Assembly is convinced that he has cited against the State, poor health condition or
unsound mind, absence or death. The Deputy Governor will be mandated by State
House of Assembly to take over the mantle of leadership of the State in the event of
impeachment, disability or death.
The Governor who is the Chief Executive of the State appoints his
commissioners, advisers, Head of governmental Ministries/Parastatals to assist him in
running the affairs of the state.

8.11 Electoral/Appointment of the Executive at the Local Government Level

Local Government is the third tier of government. The chairman is the chief
executive officer of the local government; he must attain the age of thirty years and he
must be educated up to at least School Certificate or its equivalent. The election to the
office of the executive Chairman of the Local Government shall be held on a date to
be appointed by the State Independent Electoral Commission. The Chairman has the
whole local government as his constituency, and will be elected for specific years as
stipulated by the state law. The chairman could seek re-election if he desires to do so.
Therefore, the Chairman can be removed from office if the Local Government
legislative council deems it fit that he has committed an impeachable offence, poor
health, absence or death then the Vice Chairman will be mandated by the Local
Government legislative council to run the affairs of the council.
The chairman who is the Chief Executive Officer of the Local Government
appoints his supervisory councilors, advisers and other principal officers of the
council to help him in running the affairs of the local government council effectively.

8.12 Code of Conduct for Public Officers

In order to achieve dedication to excellence in leadership, dignity of labour
and mutual respect, a code of conduct is established by the Nigerian state as provided
in the constitution to regulate the behaviour and conduct of public officers and make
them conform to the oath of office. The fifth schedule (part 1) of the 1999 constitution
of the Federal Republic of Nigeria contains the code of conduct for public officers. To
ensure compliance, government established the Code of Conduct Tribunal. Some
main principles of the Code of Conduct are:
i. Public officers should not conflict their official duties with private work.
ii. Public office holders should not acquire. sell or exchange state property under
their custody.
iii. Public office holders must not engage in private business or live above their
legitimate income.
iv. Public officers must declare their assets and liabilities immediately after taking
the oath of office. False declaration is punishable.
v. Public office holders are prohibited from accepting lobbies of any kind.

The Powers of the Executive President in Nigeria

i. The president as the chief executive is empowered by the constitution to form
a government. Appointment of Ministers, Ambassadors, Head of Government

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 Ministries and Parastatals and special advisers among others. Major
appointments made by the president must be approved by the National
Assembly.
ii. The president sends proposed budget to the National Assembly which may be
moderated if National Assembly feels that some matters therein are
unreasonable, inconsistent and absurd.
iii. The President as the commander in chief of the Armed forces may declare a
state of emergency or deploy troops outside Nigeria but such declaration or
deployment must be approved by the National Assembly.
iv. The president exercises the power of prerogative of mercy, meaning the
President grants state pardon to citizens that err against the state.
v. Also the president on behalf of the state engages in international relations with
the other countries of the world.
vi. The president gives or grants assent to the bill before it becomes law.
vii. The president implements good economic and industrial decisions that will
promote the economic activities of the country.

8.14 The Media

Media are channels of delivering messages. Media are classified into print and
electronic media. Print media use printed symbols in form of words and pictures in
order to communicate information to the general public (Ghaden. 2014). Print media
includes books, newspapers. magazines. billboards, pamphlets and circular.
The electronic media are media that rely on transmission of signals or
messages which can be received aurally or winch can both be received aurally and
visually (Gbaden. 2014). The electronic media encompass television, radio and
internet; and they call not work or function without the presence of electricity. Radio
and television are called open-circuit because they are designed for general or public
reception. The electronic media particularly television transmits news. drama, movies,
firm. and documentary programmes to the vast majority of people in the society. The
content of the programmes transmitted shapes and influence the behavior of the
audience.
The corner stone of the media is to provide in formation and create awareness
on the happenings in the society. In the light of this. Edmond Burke described the
mass media as an unofficial fourth arm of government in view of the central role the
media play as an agent of information dissemination and creating awareness on the
development in the society. The media educates, entertains, informs and serves as a
platform for expression of public opinion. The protagonists of representative
democracy posit that the news media should remain free so they may educate the
public in making political choices (Clerk and Fredin. 1980). The media is the eyes of
the society. Apart from educating the public on state affairs, they also expose wrong
doings. including corrupt practices and ensure accountability, transparency, probity
and integrity in governance (Obada. 2005).
The importance of mass media in a democratic system cannot be
overemphasized. Several political and public commentators have attested to tins
centrality of the media as a vehicle for the enforcement of equalitarian order, rule of
law and good governance. According to Bereleson (1966), possession of information
and knowledge makes the electorate to be informed about any matter under
consideration. Baran and Davis (2004:p.82) citing John Dewey, proclaims media as
facilitators of political education:

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 Newspapers and (other media) need to do more than simply serve as bulletin
board for information about current happenings. They should serve as vehicle for
public education and debate. They should focus more on ideas and philosophy … they
should teach critical thinking skills and structure public discussion in important issue.
In view of the above submissions of the centrality of the mass media as a
vehicle for information dissemination, section 22 of the 1999 constitution provides
that the press, radio. television and other agencies of the mass media shall at all times
be free to uphold the fundamental objectives contained in this chapter and uphold the
responsibility and accountability of government. Section 23 provides that the national
ethics shall be discipline. integrity, dignity of labour, social justice. religious
tolerance. Sell-reliance and patriotism. The media educates the people to be
disciplined and do away with all forms of corruption, it educates the people to be men
or women of integrity and honor; it inculcates the idea of dignity of labour, religious
tolerance, self-reliance, patriotism and nationalism.
It is important to note at this point that the history of decolonization process in
Africa and Nigeria inclusive and the struggle to dethrone military rule in Nigeria
could not have been completed without referring to the mass media (Bayo 2005)
posits that:
Nationalist leaders who fought for political independence for their respective
countries dominated African journalist in 1950’s and early 1960s. These politician’s
journalists practiced the trade not as disinterested observers of events, but as
passionate advocates of the right of their fellow citizens against colonial
administrators. Hence, they fought to influence public opinion and to bring about the
demise of colonialism. they did so unapologetically and with every rhetorical means
at their disposal. In other words, they unabashedly practiced what is referred to in the
profession as advocacy journalism.
Thus, the importance of mass media in the dethrone of colonialism and the
military in Nigeria cannot be underestimated. The media fought the military
dictatorship of General lbrahim Badamasi Babangida to step aside and relinquished
power to the interim National Government under the leadership of Chief Ernest
Shonekan. The media was critical about the credibility of General Sani Abacha’s
transition programme until nature took its course.
The mass media had been critical during the decolonization process and the
struggle to institute democratic system in Nigeria. Their earlier practitioners. using the
newspaper medium, championed the transition of the country from the status of
imperialist’s colony to that of an independent nation and eventually a republic
(Lambe, 2008). The military suddenly took over the governance of Nigeria after the
country got her independence on the October, 1960 and truncated the First and
Second Republics. The long stay of the military in governance had negatives impacts
on participatory democracy, good governance. rule of law and accountability. The
Nigerian mass media considerably fought against many draconian military rulers,
exposing the ills of military government and the need to institute a people
government. They occupied the stage in the emancipation of the people towards
political awareness and meaningful participation in government through successful
spreading disaffection against colonial policies (Omu, 1978). The media plays a great
role in spreading hatred and disaffection against the military decrees and edit which
are draconian in nature. Ogunba (1997) argues that:
The way a people are governed is of paramount important in determining the
quality of life of the people. If governance is arbitrary. oppressive or capricious, the
collective psych of a people can be damaged and individuals within the community

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can suffer various forms of disorientation. If on the other hand, governance is open.
democratic and humanist, a people can experience a sense of rejuvenation and
fulfilment, which can lead to highly positive achievements.
Nigerian media which traditionally perform the role of ‘educating, informing,
entertaining as well as serving as platform for unhindered expression of public
opinion’ has suffered some kinds of credibility crisis in the hand of the ruling class.
The holder of state power through the media hoodwink the masses to believe that the
dividends of democracy translate into building schools, roads, hospitals, bridges and
even states and local government creation. The military did same; do we call that
dividend of military rule? The real dividends of democracy are a scenario where the
people can express their opinion unhindered on any issue of national importance and
where the rule of law, constitutionalism, human rights and freedom are guaranteed.

8.15 Mass Media and Political Culture

Proponents of representative government are of the view that the media should
remain free so they may educate the public in making political choices (Lark and
Fredin, 1980). Man as a political animal need to be educated about certain societal
values. norms and belief systems that sharpens his political behaviour. The mass
media contribute immensely to public information and political culture, especially in a
society where literacy is low, and news spread via multi-step flow down to the
population, by educating the incumbents and enlightening the rank and file (Obada,
2005).
Political culture involves the pattern of individual political orientations, the
attitude towards the political system and its various parts and to the role of the self in
the political system” it determines the overall values, norms and orientation of the
people towards the political system (Obi, et al 2008). The political culture provides
the framework of principle and values which shape the demands, expectations,
processes, perceptions, and statutes of the media, the political actors and the audience.
Political culture determines the operative principle such as free speech. Censorship,
market mechanism, media plurality and media autonomy. Its functions are such as
mobilization, agenda setting, legitimization, political gate keeping and so forth
(Ayedun-Aluma, 1996).
As noted earlier, political culture determines the overall values, norms and
orientation of the people towards the political system. It is in the light of this that
Almond and Verha (1965) identifies three types of political culture: parochial political
culture, subject political culture and participant political culture. These
categorizations are to a large extent, based on the people’s perception and
understanding of the political system and their assessment of the government.
The parochial political culture represent a situation whereby ‘people have little
knowledge of the political system as politics is permeated by ethnic loyalty and
primordial sentiments ... citizens under parochial political system do not expect
anything from the political system as they do not make demand on it’. The
implication here is that people are a political and cannot challenge any obnoxious
policy of the government. These feelings of anomie by the citizens contribute to low
political participation. Most African countries and primitive societies provide good
examples of parochial political culture.
Under subject political culture the “citizen is aware of the outputs of the
government welfare programmes, employment policies, agricultural programmes etc
but plays no part in the inputs”. This implies that the citizen is a passive participant
and therefore cannot exert any influence on the government. Subject political culture

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compels the citizen to be subservient and never complain or question the government.
Egonmwan (1991) posits that citizens under subject political culture can seek changes
through violent means. Participant political culture is a complete departure from the
parochial and subject political culture. Under this type of political culture, the citizens
take active part in the decision-making process of government, and in addition, “they
are aware of both the inputs and outputs of government”. Citizens have the ability to
express their views about the government and it policies. In any democratic state
citizens take part in the formation of government and entire governing process.
Democratic political culture imbues the citizens with the right attitudes will
not only guarantee their rights but set a stage for a well participatory society, where
dividends of democracy can be optimally enjoyed by the people (Lambe. 2008).
Article 21(:3) of the United Nations Declaration of Human Rights provides: The will
of the people shall be the basis of the authority of government. This will shall be
expressed in periodic and genuine election which shall be made by universal and
equal suffrage and shall be held by secret vote or by equivalent free voting procedure.
However, the Nigerian media have a tremendous role to play in engineering a
political culture that is democratic in philosophy. The media have a vital role to play
in promoting the culture of peace, development, people’s participation, and positive
virtues and in promoting stable policies as necessary imperative for the sustenance of
democracy (Gana, 2000).

8.16 Mass Media and Political Participation

The libertarian theory of the press presupposes a belief in the free and public
expression as the best way to arrive at the truth, expose error and attain the
sovereignty of the popular will. This theoretical exposition is closely related to the
social responsibility theory, which seeks to challenge the media to see themselves as
frontline participant in the battle to preserve democracy in a world drifting inexorably
towards totalitarianism (Boran and Davis, 2004).
Looking at the nature of the Nigerian democracy “the political management of
the nation was married by extreme emphasis on tribal politics”. Political parties are
ethnically or regionally based, and the electoral behaviour in Nigeria has been guided
by these sentiments. it is in the light of this that Oyediran (1997) argues that:
There is abundant evidence to suggest that at least up to the decade of
independence, electoral behaviour in Nigeria was not guided by ideology, party
programmes or merit of those standing to be elected, but by political calculus based
on ethnic geo-politics. the need to assume power at all cost, either singly or by a fluid
conglomeration of small power blocs around a big power bloc for the purpose of
fighting the war with which to win the right to rule and share out the anticipated
booty.
Nigeria’s contact with colonialism made nonsense of the nation’s political
system. By 1914, the two colonies (North and South) were amalgamated bringing
together several hundreds of ethnics, linguistic and cultural groups and communities
which then had attained different levels of economic and political development. These
strategies produced a state structure that was to become the servant of imperialism
and all those metropolitan interests which owned their existence to the continuance of
imperialism (Ekekwe, 1986). The Nigerian ruling class inherited the state structure
without any form of modification or moderation. They rather became so preoccupied
with the use of the state paraphernalia for accumulating surplus without the processes
of producing surplus.

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 This resultant contradiction was an institutionalized myopic and visionless
ethnic centred leadership with separatist and particularistic political outlook (Nnoli,
1979). Dudely (1982) notes that political beliefs within the ruling class are
characterized more by their fluidity than by any consistence with which they are
adhered to. Certainly for the political leadership, political beliefs are more a matter of
convenience than one of commitment. Political parties right from the First Republic to
date are ethnically or regionally based, and elections are not free of these sentiments.
Obviously speaking. efforts at democratic experiments in Nigeria from
independence to date have faced serious problems, where leaders pay more allegiance
to their tribe, religion and regions. To worsen the situation the ruling class, use the
state structure at their disposal, turn the masses against themselves and did nothing
tangible to improve the lives of the people. This leads to the emergence of dangerous
and reactionary organizations like the Odua People’s Congress (OPC), Movement for
the Survival of Ogoni People (MOSOP), Movement for the Actualization of the
Sovereign State of Biafra (MOSSOB), and “Boko Haram” sect among others. These
have serious implications on participatory democracy and democratization process in
Nigeria.
Proponents of participatory theory hold that political participation in
democracies linked government with the governed; that office holders are elected by
the people and they are accountable to the people that elected them. That failure of the
government to meet the demands of the people may lead to mass alienation, an action
which may distort the legitimacy of the government. Government thrives on the
media which act as the conscience of the state by revealing bad things, commending
good things and keeping the interest of the citizenry uppermost in their agenda
(Owems-Ibie, 1997). Weaver (1982) notes that media emphasis on certain issues and
subjects over certain period of time had tremendous influence on what becomes a
matter of concern to a certain group of people in an organized democracy. In view of
this, Potter (2006) posits that democracies, established or emerging. depend on the
consent of an informed citizenry, and the news media are a primary source of the
information people need in order to govern themselves.
The mass media play great roles in enhancing political participation It
provides the citizens with the necessary information that will make them active
members of the political community. The mass media create the empathy needed by
the citizens to become active participants in the political process (Odunewu, 2000).
The media operating within the ambit of social responsibility philosophy can mobilize
the electorates to the level that can ensure full participation in the political process,
and make the leaders to be good ambassadors of the country.

8.17 Mass Media and Political Education

Education is one of the important ingredients of democracy. People need to be
educated about the government, its policies and programmes. People need to be
educated about their rights, how to vote and be voted for. With political education,
therefore the elector will develop a sound political initiative that will enhance their
participation in all aspects of life, including political matters.
Normatively, the mass media are supposed to be performing their roles of
educating, informing, and entertaining as well as serving as platform for unhindered
expression of public opinion (Lambe, 2008). The Nigerian mass media have not
faultered in this role from inception, having been linked remotely or strongly, to the
quest for a humane and just political system, devoid of oppression, dictatorship and
exploitation (Owens-Ibie, 1997). The unawareness of his sovereign powers in

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democracy makes the common obvious of his rights as citizen of effectiveness of his
rights and power when combined with those of others that lead to his helplessness
before the administration, to his dependence upon it and often to his surrender to the
might of the government (Sawat, 2000). The mass media are “collective instruments
of education, mobilization and a collective weapon of fighting illiteracy poverty, and
ignorance” and media literacy produces ‘‘well informed civil populace” that will
facilitate critical political thinking and promotes the gospel of peace, human rights
and freedom. The mass media are the facilitators of political education, they act as the
conscience of the state by revealing bad things. commending good things and keeping
the interest of the citizenry in their agenda (Owens-lbie, 1997). Government that lost
contact with the media is bound to face mass alienation and crisis of legitimacy.
The media have the constitutional responsibility of educating. informing,
entertaining and serving as the medium for the expression of public opinion. This will
go a long way to enhancing political education and participation in the governing
process. Political education is coordinated activities that enhance the performance of
the people in the political life of their respective communities. Effective media are
veritable tools that promote rule of law, probity. accountability and good governance.
The ruling class in Nigeria is not doing anything tangible to raise the
awareness of the citizens toward active political participation. The growing popular
indifference to politics and declining level of participation in civil society have led to
the governing “democratic deficit” and a fading citizenship values and practices
(Gana. 1989). Thus, this state of things is very unfortunate to democracy as it makes
Nigerian citizen to he passive participants. There is need to raise the awareness level
of the people towards populai political participation through an effective media
engagement.

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 CHAPTER NINE
ELECTION AND POLTICAL PARTY
Meaning of Election
Election refers to the act of selecting or choosing candidates for an office
through voting. It is a process or means which the electorates choose their
representatives into government positions (Nwankwo, 2002). As in all democracies
the electorates have o constitutional mandate to choose their leaders in free and fair
elections without legal, social and political obstacles. It is therefore a democratic right
to give their mandate freely to political parties and candidates of their choice (Agwu,
2005). Elections are also described as the processes and procedures by which citizens
of a democratic country select either through direct voting or indirectly those who will
represent them in the parliament and other positions in the government (Johnson,
1994). Ujo (2004) describes election as the procedure that allows members of an
organization or community to choose representatives who will hold positions of
authority within it. Election is associated with the concept of franchise or universal
adult suffrage. Franchise or universal adult suffrage is in practice. voters are eligible
to vote when they satisfy the following conditions:
i. The voter must not be a criminal in the prison or a lunatic.
ii. The voter; must be a citizen of Nigeria.
iii. The voter must attain the age of 18 years before he or she can be allowed to
vote.
iv. The voter must have registered during the registration period to obtain voters
card to enable him or her cast his or her vote on the day of election.
v. The voter may be required by law to reside in a place for a certain number of
years, where he or she wants to vote.

9.1 Types of Election

The two main types of election are:
1. Direct election: This is a situation whereby citizens who have attained voting
age cast their vote directly either openly or secretly in order to choose those
that will represent them in government.
2. Indirect election: This is a situation whereby citizens who are qualified to
vote cast their vote indirectly through the Electoral College. The eligible voter
chooses representatives called the Electoral College. The Electoral College
will then vote the aspirants on behalf of the citizens.

9.2 Electoral System

An Electoral System involves procedure, modalities and methods by which
people are elected into various positions in government. Electoral systems are
methods or arrangements through which persons are elected into parliament or other
governmental positions (Nwankwo, 2002).

Types and Attributes of Electoral System

i. First Past the Post or Plurality System: This is the type of electoral system
in which the candidate who scores the highest number of votes is elected. In
this type of electoral arrangement, the group with the majority always carries
the clay; the minorities are often marginalized and unrepresented. Though the
plurality system is easy to operate but it is highly unrepresented; it does not
show the true picture of the various interests in a country.

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ii. Second Ballot System: in this type of electoral arrangement. to be elected a
candidate must obtain or get a 2/3 majority of the total vote cast in the
constituency. If at the first ballot no candidate obtains the required majority, a
second voting otherwise known as second ballot becomes inevitable. In this
regard the candidate or candidates with the least number of votes are to
withdraw before the second ballot takes place (Eyiyere, 2003). The candidate
with the highest number of votes at the second ballot is declared the winner.
This system of electoral arrangement allows the candidate with the highest
number of votes to emerge as the winner of the pool. Thus, the system gives
room for the formation of different parties and coalition government which
may bread instability in the polity.

iii. Alternative Vote System: in this type of electoral structure the candidate with
majority of the total votes emerges as the winner. The names of the candidates
for the elections are written broadly on the ballot papers. Each individual voter
is required to indicate against each name in the order of preference by ticking:
and alter the voting the ballot papers are sorted out in accordance with the first
preference and counted. At this point if no candidate secures majority. then the
votes of the candidate with the least number of votes are distributed to the
other candidates in accordance with the second preference shown on them:
and the votes are recounted for the second time. This process will continue
until one candidate secures a majority of the total vote cast and emerges as the
winner. This electoral system creates room for the emergence of candidate
with majority as the winner and also the system is highly representative.
Through the system breads instability and it is difficult to operate as it leads to
the proliferation of political parties.

iv. Proportional Representation: This is the type of electoral system that is

operated in a multi-member constituency where each political party will be
required to fill its candidates for the elections. In this regard, candidates who
score the highest votes are deemed to have been elected.
A proportional representation is the most democratic system of election as it
gives fair representation to all interest groups in a country: and eliminates the
marginalization of minority groups. If there are five seats in the constituency, the first
five candidates with the highest votes are elected. The main problem with
Proportional representation is that, it breads instability and makes choice difficult for
the voters because of the multiplication of political parties.

Importance of Election
i. Election provides a peaceful means of change in government through voting.
ii. Election provides opportunities for the citizens to air out their views on
candidates, parties and government.
iii. Election makes government legitimate as it is constituted through the consent
of the people.
iv. Election enables people to select candidates for election.

9.4 Process of Election

The main processes of election are as follows:
i. The enactment of an electoral law that will guide the conduct of the election.

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ii. The setting up of an electoral commission, like in Nigeria, the independent
National Electoral Commission charged with responsibility of organizing free
and fair election.
iii. The delimitation of a country into different constituencies or districts to ensure
fair representation.
iv. Registration of political Parties
v. Compilation of voters registers.
vi. Display of voter’s registration to clear all doubts.
vii. The election of polling booths before the election.
viii. Revision of voters registers
ix. Provision of logistics such as transportation. communication, equipment,
electoral officers and electoral materials.
x. Recruitment, training and posting of electoral personnel and adhoc officials to
oversee the conduct of election.
xi. The announcement of a fixed date for election.
xii. The election proper which involves voting, collation, counting and declaration
of the final result.
xiii. The setting up of electoral petition tribunal to listen to election complaints.
xiv. The registration of candidates by the electoral body.
xv. Campaign for votes and recruitment of party agents.

Election Related Concepts

i. By-Election: This is an election that is organized or conducted to fill a vacant
elective seat; the vacancy occurs as a result of disqualification, resignation or
death of the individual holding that office. The election is conducted only in
that constituency where the vacancy exists. Only the registered voters in the
constituency are allowed to vote.
ii. Run-Off Election or Second Ballot: This is an election that is conducted
when none of the candidates wins the election by absolute majority, in a
general election; another election would be conducted and the candidates with
the highest votes are allowed to contest in the second round. In the end the
candidate with the highest majority will be declared the winner after the
second ballot.
iii. Primary Election: This is an election conducted within a political party to
choose credible candidates that can adequately represent the interest of the
party in any election in the country. The political parties present credible
candidates that could win the mind of the public for any election in a country.
iv. General Election: This is a form of election in which all voters or electorates
in a country exercise their franchise or voting rights at the same time on a day
fixed by the electoral body to elect representatives into various government
positions.
v. Referendum: Referendum sometime refers to as plebiscite: This is a ‘Yes’ or
‘No’ vote of the people to settle certain political issues in a country.
Sometimes a referendum is conducted to make sure that laws made that are
not in conformity with the popular will of the people are not enacted or passed
by the legislature. Some national issues like minority issues, state creation etc.
are decided through a referendum.
vi. Supplementary Election: This is an election conducted to conclude election
that is inconclusive. Only the registered voters in the affected areas are
allowed to vote. For instance, when election was declared inconclusive in

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 Bayelsa State, a day was fixed by the Independent National Electoral
Commission (INEC) to conclude the election that produced Mr. Sirieke
Dickson of the People Democratic Party (PDP) as Governor, and in Kogi State
supplementary election was conducted at the instance of the demise of the
APC leading candidate, Late Prince Abubakar Audu on the election day saw
the emergence of the second runner at the All Progressive Congress (APC)
primary election. Alh. Yahaya Adoza Bello as the elected governor of Kogi
State.

9.6 Voting System

Voting system involves a method through which voters make a choice
between or among competing options in an election. A voting system entails rules and
regulations for valid voting and how votes are counted and aggregated to produce a
definite result. However, a voting system specifics the form of the ballot, the set of
allowable votes and tallying method, how voting power is distributed among the
voters and how voters are divided into subgroups (constituencies) whose votes are
counted independently.

Types of Voting
i. Secret Balloting: This is the type of voting in which the voters cast their votes
secretly. That is to say that the voters alone make the unanimous decision in
the voting exercises. In this regard, the ballot papers inscribing the names of
the political parties and their symbols, ballot box and ink pad etc are some of
the materials required for secret voting. Secret voting is highly democratic. It
preserves the right of the voter to cast his vote independently as he is free from
being intimidated. It gives the voter freedom of choice and a sense of direction
in exercising his Franchise. But on the other side of the coin, secret balloting is
difficult to understand. Its time consuming and cost to operate particularly in a
society where there is high rate of illiteracy.
ii. Open Balloting: This is the type of voting in which voters east their votes
openly. Under this type of voting system voter’s will have to queue according
to their political parties. Counting of the votes is done and the results declared
on the spot by the presiding officer before everybody present. Open balloting
reduces electoral malpractice: it is simple to operate: and less expensive. It
gives the voters the awareness and a sense of trust as votes are accounted
publicly and election results released immediately. But open balloting is prone
to rigging as voters can be pressured to vote for government officials or
government sponsored candidates leading to manipulation of election results
and violence.
iii. Open-Secret Balloting: This is the type of voting in which a voter cast his
vote openly but secretly. The voter after being accredited by the presiding
officer picks a ballot paper with inscription of political parties and their
symbols, goes to a demarcated place to thumb print with an ink and inserts the
thumb printed ballot paper into the ballot box. By this act the veto makes an
independent decision in the voting alone. Nigeria operated this type of voting
in 2011 and 2015 general elections. Some good things about open-secret
balloting is that it is highly democratic; it gives the voters the independent
mind to express their electoral feelings by voting party or candidate of their
choice thereby making government legitimate and acceptable. But in the

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 contrary, voters can be intimidated or bought off before elections are
conducted.

9.7 Rigging of Elections

Elections are said to be rigid when the electoral process is being marred with
irregularities and misconducts. Rigid elections are characterized with fictitious
compilation of names. illegal printing of voter’s cards. double voting- illegal
possession of ballot papers. tinder age voting, stuffing of ballot papers, inflation of
figures; intimidation of candidates, party agents and voters; and general electoral
violent leading to formation of an illegitimate government.

9.8 Dangers of Rigging Election

Rigging of elections is an unacceptable act. It contradicts the tenets of
democracy, rule of law and good governance. Jerry Gana, identified some dangers
associated with the rigging of elections which include the imposition of powerless,
ineffective and illegitimate government; lacking confidence and authority in the
process of governance. The effects on the society are usually in several facets:
i. Rigged elections tend to produce poor leadership, with illegitimate, powerless
and ineffective government.
ii. Rigged elections subvert the people’s rights to elect their leaders, leading to
the erosion of authority and lack of credibility.
iii. Rigged elections subvert the rule of law and due process. thereby creating a
new social order of lawlessness.
iv. A social order of lawlessness can only produce a lawless society where might
rule in place of the rule of law.
v. Rigging is a disgraceful form of corruption. Government formed from rigged
election cannot have the courage to fight corruption.
vi. Rigged elections seriously erode the very essence of democracy; power to the
people can only be meaningful if the people possess the power to freely
choose.
vii. Violent measures are often taken in the rigging of elections, rigging can
therefore set in motion a vicious cycle of violence leading to anarchy and
possible overthrow of illegal government.
viii. Democracy has become the internationally acceptable norm of governance.
Illegitimate government, arising from flawed election us suffers from lack of
credibility and acceptance.
ix. The security and welfare of the people is the primary purpose of government.
But only those who respect the people can effectively promote their security
and welfare. Electoral thieves have no respect whatsoever for the people, and
as such social justice suffers; yet social justice breeds the fire of social
conflicts.
x. Rigging of elections tend to produce a poverty of leadership leading to a
severe paucity of development.

9.9 Political Party

The Clifford Constitution of 1922 introduced elective principle. By this, the
constitution gave Nigerians the opportunity to take active part in the political
activities of their country. As a result, Late Mr. Herbert Macauley formed the first

86
political party known as Nigeria National Democratic Party (NNDP) in 1922; Mr.
Ernest Ikoli founded the Lagos Youth Movement (LYM) in 1935 (later changed to
Nigeria Youth Movement (NYM)). NNDP took part in the Lagos Legislative Council
election and won three seats while Calabar Improvement League (CIL) won the only
seat for Calabar.
The Pre-existing tribal or cultural organizations and trade Unions in Nigeria
transformed into political parties: Jamiyyar Mutuani Arewa, a Northern cultural
organization founded in 1941 and its leader Late Sir Alhaji Ahmadu Bello, the
Sardaura Sokoto transformed into the Northern People Congress (NPC), Egbe Omo
Oduduwa. a Yoruba cultural group founded in 1945 by some Yoruba students
studying in London, led by Late Chief Obafemi Awolowo Metamorphosed into
Action Group (AG), Northern Element Progressive Union (NEPU) was formed in
1950 by Late Mallam Aminu Kano to liberate the poor and downtrodden in the North,
United Middle Belt Congress (UMBC) was formed in 1955, led by Late J.S. Tarka to
fight for the course of the Middle Belt Region. Others were: Borno Youth Movement
(BYM). Lagos United Front (LUF) Nigeria New Democratic Party (NNDP), United
National Independent Party (NNIP). and Niger Delta Congress (NDC) among others.
The 1950 pre-ejections were marked with multiple party arrangements where
many political parties contested the election. Some of the parties that contested the
elections were: Northern People Congress (NPC), Action Group (AG). National
Council of Nigeria and Cameroon (NCNC), United Middle Belt Congress (UMBC).
Democratic Party of Nigeria and Cameroon (DPNC), United National independent
party (UNIP) among others.
Political parties at this period derived supports and recognitions from their
region or ethnic boundaries: NPC for the North. AG for West and NCNC dominated
the politics of the Eastern region of Nigeria. Late Sir Alhaji Ahmadu bello led the
NPC. Late Chief Obalemi Awolowo led the AG and Late Dr. Nnaindi Azikwe led the
NCNC. Also Late Dr. Michael Okpara who was the premier of the Eastern region at
Enugu took over the leadership of the NCNC when Late Dr. Nnamdi Azikwe became
Governor-General of the Federation, Late Chief Samuel Akintola became the premier
of the Western region when Late Chief Obafemi Awolowo assumed the position of
the opposition leader at the Federal House of representatives, Late Sir, Alhaji Ahmadu
Bello maintained the position of the premier of the Northern region while Late Sir
Alhaji Abubakar Tafawa Balewa became the prime Minister of Nigeria.
It is pertinent to note that regional elections were held in the early 1960; the
dominant political parties and by extension, the largest ethnic nationality in each
region. reflected in the voting behavior of the electorates. The victorious party
subdued the smaller minority parties within its region. The NPC dominated the
politics of the Northern region despite the existence of NEPU. BYM and UMBC: AG
was the leading party in the west despite the presence of NDC and other smaller
parties; and NCNC was dominant in the East overcoming the UNIP and DPNC.
In a bid to be relevant at the centre, the NPC, the AG and the NCNC went into
Alliance with the minority parties. As a result, two party structures emerged during
the 1964 General elections: Nigerian National Alliance (NNA) and United
Progressive Grand Alliance (UPGA). NNA was an amalgam of the NPC, NNDP led
by Chief Samuel Akintola then the premier of Western region, Midwest Democratic
Front (MDF) which was an offshoot of the Midwest People Congress (MPC),
Dynamic Party (DP) led by Dr. Chike Obi, Republican Party (RP) led by Dr. J.O
Okezie, Niger Delta Congress (NDC) and Lagos State United Front (LSUF); and
UPGA was an amalgam of the following political Parties: National Convention of

87
Nigeria Citizens (NCNC) led by Dr. Michael Okpara. Premier of the Easter Region.
Action Group (AG) led by Alhaji. Adegbero, Northern Element Progressive Union
(NEPU) led by Mallam Aminu Kano. United Middle Belt Congress (UMBC) led by
Late Senator Chief J.S. Tarka. and Northern Progressive Font.
The 2nd Republic in Nigeria maintained a multi-Party arrangement where live
Political Parties participated in the 1979 General Elections: The National Party of
Nigeria (NPN). Nigeria People Party (NPP), Unity Party of Nigeria (UPN), Great
Nigeria People Party (GNPP) and people Redemption Party (PRP). The Late Dr.
Tunji Braithwaite’s National Advance Party (NAP) was registered later to contest the
1983 elections.
The 2nd Republic in Nigeria was dominated by three major Political Party;
NPN, and UPN and NPP. Other minority parties enjoyed minimal influence and they
were: PRP which sponged from NEPU led by Mallam Aminu Kano, GNPP
reincarnated from BYM led by Alhai Waziri lbrahim and later NAP led by Late Dr.
Tunji Braithwaite.
In what looks like what happened in the First Republic. political party in the
nd
2 Republic reflected ethnic and regional colourations. NPN was domnant in the
North, UPN dominated the West and NPP dominated the politics in the Eastern Igbo
States. National Party of Nigeria (NPN) was led by Alhaji Shehu Aliyu Shagari Unity
Party of Nigeria (UPN) was led by Late Chief Obafemi Awolowo and Nigeria
Peoples Party (NPP) was led by Late Dr. Nnamdi Azikwe. Other Minority parties like
PRP held on to NEPU stronghold of Kano and Kaduna. GNPP was dominant in
Borno and former Gongola State in the North East and NAP led by Tunji Braithwaite.
In the aborted 3th Republic, two political parties such as Social Democratic
party (SDP) and National Republican Convention (NRC) where created by the
Babangida administration. General ibrahim Babangida described the Nigerian
Political class as ‘equal founder and joinder’ of the two political parties. which were
‘a little to the left’ arid ‘a little to the right the SDP and the NRC participated in the
local Government, State Government, National Assembly and Presidential election.
But the presidential elections which pitched the SDP’s MKO Abiola against Usman
Bashir Tofa of the NRC where declared inconclusive by the Babangida
Administration and later annulled the election. Babangida constituted an interim
National Government (ING) under the leadership of Chief Earnest Shonekan in 1993.
The sack or overthrow of the Shonekan’s Interim National Government saw
the emergence of General Sani Abacha as the Head of State. To return the country to
democratic rule, five political parties were formed: Committee for National
Consensus (CNC), National Centre Party of Nigeria (NCPN), Democratic Party of
Nigeria (DPN), United Nigeria Congress Party (UNCP) and Grassroots Democratic
Movement (GDM). The death of General Sani Abacha on 8 th May. 1998 brought to
power General Abdulsalam Abubakar as a new Head of State, who ushered in the
Republic where three political parties emerged. The parties were: Alliance for
Democracy (AD), All People Party (APP) (later changed to All Nigeria People Party
(ANPP) and People Democratic Party (PDP) which emanated from G-13, a group that
fought against the self-succession bid by General Sani Abacha. The three political
parties participated in the 1999 general elections at the local, state and national levels;
and the presidential election saw the all alliance between AD/APP’s Chief Olu Falae
pitched against Chief Olusegun Obasanjo of the PDP with Obasanjo winning the
election
In an effort to capture political power at the centre, the major opposition
parties in Nigeria. Action Congress of Nigeria (ACN) which is an offshoot of Alliance

88
for Democracy (AD), Congress for Progressive Change (CPC) and All Nigeria people
Party (ANPP) merged together to form All Progressive Congress (APC) and ended
the sixteen years of PDP government in the 2015 general elections, defeating the
incumbent President Goodluck Jonathan with General Muhammad Buhari of the APC
winning the presidential election.

9.9.1 Meaning of Political Party

A political party is subjected to different meanings and interpretations. It can
be viewed as a collection of people with similar ideas. beliefs, and principles that
come together to take over the machinery of government through election. Political
parties are autonomous organized group that makes nomination and contests elections
in the hope of eventually gaining and exercising control of the personnel and politics
of the government (Ranny. 1976). In other words, a political party is an organized
group of people who share similar principles. ideas and beliefs with the sole aim of
gaining political power through constitutional means. A political party is an organized
group of individuals seeking to seize power of government in order to enjoy the
benefit derived from such control (Nwankwo. 2003) Nigeria is a multiparty state
having more than fifty political parties. Examples of political parties in Nigeria are
Peoples Democratic Party (PDP). All Progressives Congress (APC). Labour Party
(LP). and so on.
Political parties seek the support of prospective voters in order to maximize
their electoral prospects. In this regard. political parties act as agents of political
mobilization and social cohesion must study and comprehend the political culture as
well as political socialization of the people in order to meet up their demands or
aspirations; the aggregation and the articulation of the collective interests of the
prospective voters provides essential instrument for party supremacy and eventually
hung onto powers.
Unlike the political party which seeks to exercise control over the machinery
of government in the state, pressure groups are groups which seek to influence the
policies of government to satisfy the interest of their members. Pressure groups are
associations of people whose main aim is to pressurize or influence government or its
agencies to do certain things (Eyiyere. 2003). To achieve their aims and objectives
pressure groups use the instruments of ultimatum or strike, demonstration, lobbying,
propaganda. protest letters, consultation and even liaison with political parties.
Examples of pressure groups in Nigeria are Nigeria Labour Congress (NLB), Nigeria
Union of Teachers (NUT) Academic Staff union of Polytechnics (ASUP) Academic
Staff Union of Universities (ASUU) and others. Pressure group can be transformed
into a political party and contribute to the formation of government and common good
of the people.

Features of Political Parties

i. Registration: Political parties are organized groups who are registered by the
Electoral body. In Nigeria, the Independent National Electoral Commission
registers all political parties after satisfying certain conditions prescribed by
law.
ii. Constitution: Political parties have their constitutions that regulate the
conduct of their activities in the society.
iii. Membership: Political parties are made up of people who share similar
principles, interest, deals and beliefs whose primary target is to control the
machinery of government in the state.

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iv. Manifestoes: Political parties have different programmes to aggregate and
articulate the interest of the people so as to win the sympathy of the public.
v. Objective: The primary objective of the political parties is to take over the
machinery of government through election.
vi. Subjective: Political parties express their views on every subject and issue
that affects the society and also criticize the policies of the government.

Types of Political Parties

i. Elitist/cadre parties: These types of political parties draw their member from
the highest echelon of the society like the doctors, intellectuals, lawyers,
traditional rulers. business tycoon and others.
ii. Broker parties: These types of political parties draw their membership from
the upper and lower classes of people in the society. The idea here is to resolve
the conflicting interests of rich and poor by implementing policies and
programmes that satisfy the interest of all members of the society.
iv. Mass parties: These types of political parties have wider membership and
direct their actions and appeals to the people in the society.
iv. Ideological parties: These are types of political parties which are formed on
the basis of certain political ideologies or belief/system.
v. Personality parties: These are types of political parties that are formed on the
basis of an individual personality or charisma.
vi. Religious parties: These are types of political parties that are build around
religious sentiment.

Importance of Political Parties in an election

i. Selection of candidates: Political Parties select candidates that stand for
election in the country.
ii. Political Education: Political parties engage in political education and
socialization through debate, campaign and electoral competition.
iii. interest stimulation: Political parties stimulate and arouse the interest of the
electorates in an election through voting.
iv. Interest aggregation: Political parties aggregate the needs and aspirations of
the people by trying to know which needs are to be satisfied first.
v. Interest articulation: Political parties articulate the interest of the people by
making sure that they fulfill their campaign promises.
vi. Training of politicians: Political parties involve training ground for
politicians, equipped them with skills, and knowledge in the field of
administration and governance.

The Role of Function of other Agencies in an Election

i. The Mass Media: This is made up of radio, newspapers, magazines and
pamphlets. The media serve as an outfit through which the views and
manifestoes of the parties are articulated and educate the people on issues of
National Leadership, Daily Times, Nigeria News Day., The Punch, Daily
Trust and electronic media.
ii. The Police: The police are institution of the state that is responsible for the
general maintenance of law and order. It deals with hooligans and thugs
during and after elections to ensure free and fair elections.
iii. Mass Mobilization Agencies: Bodies like National Orientation Agency and
Transition Monitory Group comprising of different Non-governmental

90
 organizations educate the people on how to vote, the need to vote, where to
vote and the implications of double voting.
iv. Foreign Observers: Observers from other parts of the world and bodies like
United Nations organization, the Common Wealth of Nations, the African
Union, are allowed to monitor and evaluate the election exercise and educate
the international community about what happened during the election.
v. Traditional Rulers: Traditional rulers are the custodian of the peoples culture
in their various communities. They educate their subjects on the need to
embrace peace during and after the elections to ensure the formation of
legitimate government that can stand the test of time.

vi. The Electoral Body: An electoral body is responsible for the conduct of
elections in any democratic state. In Nigeria, the Independent National
Electoral Commission is the body that is charged with the responsibility of
conducting election, delimitating the country into constituencies, registering
political parties and eligible voters, providing ballot papers and voting
materials, recruiting and training of electoral officials like Presiding Officers,
Polling Officers. Polling Agents, Returning Officers and others. An electoral
body in Nigeria is headed by a chairman, and supported by other officials like
the commission’s secretary, regional electoral commissioners, state electoral
commissioners and other electoral officials.
vii. Non-Governmental Organizations and Civil Society Groups organize
conferences and symposiums to educate the people on electoral matter,
democratic values and ideals.

9.14 Free and Fair Election

Election is said to be free and fair if it is free from intimidation, molestation
and interferences from the government and powerful individuals in the society. It is a
situation where a voter is free to cast vote according to his or her wish without any
intimidation, harassment, inducement or coercion (Nwankwo, 1990).
a. Problem of Free and Fair Election
The major problems of free and fair election are:
i. The electoral body is underfunded. This makes it difficult for the body to give
enough training to their staff and compounds the problems of logistics.
ii. Government and powerful politicians often interfere in the activities of the
electoral body.
iii. The electoral officials may be corrupt and may be induced with money by the
politicians to declare results in their favour.
iv. The judiciary is not completely independent to carry out its job without
interference from government and politicians.
v. The high rate of illiteracy and low level of political education among the
electorates make it difficult for them to assert their rights.
vi. There are frequent cases of double voting and voting by under age children.
vii. Stuffing of ballot boxes with ballot papers.

9.16 How to Ensure Free and Fair Election in Nigeria

The major factors that can ensure free and fair election in Nigeria are:
i. Strong Federal Government: A strong, viable and dynamic federal
government that has the capability and capacity in terms of strong will and
commitment to provide the enabling political environment devoid of

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 intimidation, molestation and vendetta where all shades of opinion can be
accommodated and expressed.
ii. Strong and Independent Electoral Body: The electoral body in case of
Nigeria the Independent National Electoral Commission (INEC) backed by
fiscal and legal support must be independent and non partisan to discharge its
constitutional duties without any fear or favour and the exclusion of
membership of a political party as a requirement for tile electoral body.
iii. Division of country into constituencies: The electoral body should have a
better knowledge of the electoral geography of Nigeria in its efforts to divide
the country into different constituencies to ensure equitable and equal
representation. This is done to make sure that all interests or sections of the
country are adequately represented to allay fear of ethnic or sectional
domination.
iv. Funding of the Electoral Body: The electoral body should be well funded to
enable her carryout her duties effectively.
v. Registration/Review of Voters Register: The electoral body should in
accordance with the provision of the constitution engage in continuous voters
registration nationwide; regular and display of voters register to make sure that
the voters register is reliable and up-to-date.
vi. Independence of judiciary: The judiciary must be independent to restore the
integrity of the judicial process by ensuring that the courts are independent of
the executive and the political class; and also to interpret the electoral laws
and adopt procedures which will ensure that election problems are disposed
off within a very short time.
vii. Political Education: The electoral body, political parties, non-governmental
organizations, religious bodies, traditional rulers and such agencies like
National Orientation Agency (NOA) should educate the electorates to
demonstrate a sense of maturity and never allow sentiments to determine their
electoral behaviours; and educate the electorates on how to cast their votes and
the dangers of multiple voting. Pressure group and the press must be ready to
expose all forms of electoral malpractices. The result of election should be
announced immediately counting is completed.
viii. Secret Ballot System: Secret ballot system of voting should be adopted where
voters will have an independent mind to cast their votes without any fear of
intimidation and molestation from the government as well as the political
class.
ix. Law Enforcement and Security Agencies: Adequate security arrangement
must be intact to make sure that all law enforcement agencies like the police,
civil defence deployed for elections are properly equipped with transportation
and communication facilities to communicate when the need arises. They
should create a conducive atmosphere d the elections and resist any attempt to
use them to carryout electoral fund.
x. Recruitment of Electoral Officials: The electoral body should not only
recruit electoral officials and ad-hoc staff but also train and retrain stall in
respect to election matters and to ensure that they understand voting
procedures and other electoral processes.
xi. Creation of Employment Opportunity: Government should provide jobs
and enabling environment where business thrives to enable the teeming youths
have something to do for a living. This can be achieved through skill

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acquisition, education, loans etc. This will go a long way in reducing the
problem of electoral violence and thuggery.

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 CHAPTER TEN

CONSTITUTED AUTHORITY

Meaning of Constituted Authority

Constituted Authority is the type of authority that is based on a system of rules
and regulations that guide institutions and organizations. A constituted authority is
one that has the backing of the law, customs and traditions of the people. An authority
that is obtained through election, selection, appointment, custom and convention of
the people is said to have a force of law. In Nigeria institutions or structures like the
legislature, executive, judiciary, school authorities and the holders of leadership
positions are good examples of constituted authority.
The National Assembly in Nigeria is a collection of people who have been
elected to make laws for the country. The National Executive Council has been
constituted by the Chief Executive of the country to implement the laws and policies
of the government. The Courts exercise jurisdictional power, exercise the power of
judicial review; and the authority of Nasarawa State Polytechnic, Lafia is created by
law and has its system of rules and regulations guiding its conduct.
Constituted authority is legitimate to the extent that citizens are expected to
respect and obey the instructions of those in position of authority. Those in position of
authority are also expected to be a model and exhibit characters’ worthy of emulation
by the followers or subordinates.

10.1 Types of Constituted Authority

The main types of constituted authority are:
i. Traditional Authority: This is the type of authority that is based on tradition
and heredity. One attained this authority by virtue of custom and tradition of
the society. Typical examples of the traditional institutions in Nigeria are
Emirs in the north, Obas in the west, and Obis in the East.
ii. Charismatic Authority: This is the type of authority that is based on the
personal qualities of a leader who is usually self appointed. He gathers
followers to himself through his ideas and the followers believe in him. He has
something extra ordinary that none of them has. Examples of some
Charismatic leaders in human history see Adolf Hitler, Mahatma Ghandi, Mao
Tsetung, Napoleon, Mandela, Mussolini, Sir Ahmadu Bello, Dr. Nnamdi
Azikwe, Chief Obafemi Awolowo among others.
iii. Legal/Rational Authority: This is the type of authority that is obtaind
through merit, appointment and election. Under this authority pattern, people
give obedience to legally established interpersonal set of rules, rather than to a
person. Legal/rational authority places power and authority in the offices and
not in the person who occupies the office.
iv. Sacred Authority: This is the authority that is acquired through divine power.
This type of authority is exercised by imams, Popes, pastors and even native
priests. Those who exercise this type of authority feel they are divinely
appointed by God to exercise authority over the people and people tend to
respect their views.

10.2 Bureaucracy
Bureaucracy the system of organization of tasks and individuals into a pattern
which can most effectively achieve the ends of effective efforts. In addition, it is a

94
system of personnel administration under which all the employers are organized into a
hierarchy of offices each with a well defined sphere of duties and responsibilities. It is
also important to note that the concept of bureaucracy originated from the word
“bureau’’ which in Prussian or German public administration refers to all office.
Though Weber’s work on bureaucracy was a mental construct, there are indeed a lot
of practical expositions which he had identified. For instance, his study of the
Prussian civil service showed that work was organized as a bureaucracy; impersonal
rules governed by behaviour and work was organized in offices which were separated
from the personality of the occupiers of those offices. Officials had a permanent
tenure and were employed on the basis of technical/educational qualifications and
were remunerated (Ozioma, 2003).
Max Weber posits that the only way a society can organize itself was by
expertly trained functional spiritualists who are rationally organized in bureaucracies.
Bureaucracy is based on system of rules, hierarchy of authority, division of labour
based on functional specialization, appointment and promotion based on merit;
actions are formulated and recorded in writing.

10.3 Characteristics of Bureaucracy

To Weber almost all modern administrative organizations are bureaucratically
organized. Those organizations can achieve efficiency by adhering greatly to rules
and regulations that people respect institutions not because of an individual size,
intellectual scope, but because of impersonal norms. That obeying people who have
been placed in positions of authority by rules could achieve efficiency in organization
has the following characteristics:
i. Rules and Regulations: This implies that officers should take a very
impersonal formalistic orientation in dealing with others while performing
their official duties. Every action taken by the officers in the performance of
their official responsibility is guided by a particular set of rules and regulations
governing the operation of the organization.
ii. The Legal Framework: There is a laid-down legal framework or what
otherwise referred to as red-tapism. All its functions and activities follow well
defined procedures, codes, rules and regulations; and where there is a specific
rule on a particular matter; it follows earlier precedents. This is done to
achieve public accountability in administration.
iii. Hierarchical structure: Function are divided and parceled out by the
application of the principles of specialization and are then integrated in single
system in which all the occupants of these offices are united in a single chain
of command. The office should be organized hierarchically where each
superior officer has authority over his subordinates.
iv. Political Neutrality: Public officials bring only their expert knowledge and
experience to administration and not their personal political conference. Thus,
officials must he employed on merit or technical ground and not on political,
family, religious or ethnic consideration.
v. Appointment: Weber feels that appointment should be by free selection based
on one’s individual ability, competence and qualification.
vi. Promotion: Weber also posits that promotions of officials should be based on
seniority or achievement or both.

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Advantages (Merits) of Bureaucracy
i. A well defined hierarchy of command where information flows from superior
officers to the subordinate.
ii. Employment based on merit or technical competence.
iii. A division of labour based on functional specialization and efficiency of
service.
iv. Rules and regulations, decisions and actions are formulated and recorded in
written form.
v. Officials assume an impersonal orientation in dealing with their clients and
other officials.
vi. Officers bring their expert knowledge and experience in administration not
only their personal or political preference.

Disadvantages (Demerits) of Bureaucracy

i. Procrastination and red-tapism as actions are often delayed because of certain
administrative bottlenecks.
ii. Weber fails to recognize the informal relations that exist in an organization
which is dynamic in nature.
iii. Hierarchy of authority which tends to promote discipline and coordination of
activities also discourage the subordinates from taking responsibility.
iv. Also division of labour leads to monotony of work.
v. Impersonal treatmentsof clients have harmful effects on such clients.
vi. Strict adherence to rules and regulations limit a bureaucratic capacity to adapt
to changing circumstance.

10.6 Delegated Authority and its forms

Delegated authority means the transfer of legitimate power by the central
government, statutory bodies and persons in authority to the subordinate units or
persons to act on their behalf. In other words, authority conferred on a subordinate to
exercise certain powers on specified matters. Three types of delegated authority can
be identified.
i. Delegated legislation: Laws, rules and regulations made by other bodies or
persons other than the legislature but sanctioned by the legislature (Anyaele.
2003). That is to say delegated legislations are laws made by the extra
legislative bodies but receive the blessing of the legislature. Examples are
Orders in Council, Bye-laws and Provisional Orders and others.
ii. Decentralization: This is a medium through which governmental powers are
delegated from the central authority to such subordinate units like the state,
local government and statutory bodies like Power Holding Company of
Nigeria, Nigeria Ports Authority, Nigeria Airports Authority to discharge
certain duties on behalf of the central authority and parent ministries or
department. Example the bye-laws made by the local government is a good
example delegated authority.
iii. Authority in Person: In position of authority delegate some of his
responsibilities to subordinates to act on his behalf.

10.7 Reasons for Delegating Authority

The major reasons for delegating authority are as follows:

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i. Technical reason: Authority is delegated because some functions or work
deserve the knowledge of experts for effective formulation and
implementation.
ii. Rigidity: The pressure of work and shortage of tune may necessitate
delegation of authority to avoid rigidity.
iii. Emergency: Sometimes authority is delegated to the subordinate to carryout
duties on behalf of the superior to meet emergency situation.
iv. Unnecessary delay: Also authorities are delegated to reduce or minimize
delay in carrying out duties in organization.
v. Another reason for delegating authority is as a result of complicated nature
and growth of government activities.
vi. Specialization and efficiency: Proper delegation of authority is conducive for
an effective control and work due to clear definition of responsibility.

Advantages of Delegated Authority

i. Delegated authority encourages the use of experts on works that are complex
and technical in nature.
ii. It brings about specialization and efficiency since operations are designed on a
defined line of responsibility.
iii. Delegated authority is suitable to meet emergency situations.
iv. It gives room for flexibility in the sense that it is easy to make, amends and
even cancel.
v. It reduces pressure of work and its time saving.

Disadvantages of Delegated Authority

i. Delegated authority may lead to red-tapism because of excessive use
formalities.
ii. It may lead to usurpation of power since subordinates or departments of the
government are empowered to make law.
iii. It is prone to abuse of power since those whose power or authority are
delegated to may abuse the opportunities as such powers are loosely defined
by parent acts.
iv. It is against the principle of rule of law as it encourages indiscriminate
formulation of laws and its amendment by different bodies.
v. Also it violates the principle of separation of power as power or authorities are
delegated to other bodies other than the legislature to make law.

10.10 Power
Power is the ability to control the behaviour of others through the use of
sanction. Weber describes power as the probability that one actor within a social
relationship will be in position to carry out his will, despite resistance, regardless of
the basis on which the probability rests.

10.10.1 Types of Power

i. Referred Power
This has to do with the ability of one to control the behaviour of others
through faith, belief and respect. For instance, Imam or Pastor exercises
control over their followers.

ii. Expert Power

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 This is the type of power where a person makes others to do what ordinarily
he or she will not do because he or she possesses special knowledge. That is to
say that one person exercises dominion over others because he or she has
special knowledge. Example are Engineers. Medical Consultants and Lawyers
among others.

iii. Coercive Power

This refers to the type of power in which a person changes the behaviour of
others through force. Here obedience is secured on the basis of ‘might’ and
coercive instruments.

iv. Political Power

This refers to a legitimate power. This is the type of power that is recognized
by law, where a person controlling and influencing the actions of others has
the backing of the constitution. e.g. the power of the president of a country.

v. Economic Power
This is the ability to control the behaviour of others because of the resources at
the disposal of a person. The person who is wealthy can control the actions of
others because he is rich.

vi. Military Power

This is the type of power that is enjoyed by those who control the instruments
of coercion like the armed forces.

vii. Normative Power

This type of power is obtained through morality. The wielders of this type of
power exercise dominion over their followers because they believe that they
are more moral, holier and righteous. Example Sheik, Imam, Reverend Father,
Pope aid Bishops exercise dominion over their congregation.

viii. Physical Power

This type of power is based on might or strength. A person who is physically
strong exercises dominion over the weaker person. For instance, a boxer who
beats his opponent to submission has exercised power on him.

Sources of Power
i. Position of office or post that an individual occupies in the society or
organization constitutes source of power e.g. Rector of the polytechnic.
ii. Knowledge: A person who is knowledgeable can control the actions of others.
e.g. lecturer and student.
iii. Prestige: The respect and ad that a person has because of his social status in
the society constitute source of power. e.g. Dr, Pope, Professor, Alhaji, Imam
etc.
iv. Economic resources: A man who has economic resources will definitely
control the behaviour of others.
v. Beauty is a source of power, a woman who is extremely beautiful can control
and influence the behaviour of others.
vi. Another source of power is inheritance. e.g. when a king dies the price inherits
him.

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vii. Constitution provides a means through which power can be captured.

10.11 Authority
Authority is a legitimate use of power. It is a kind of power that is exercised
with general approval. It is described as the power or right to give order and enforce
obedience (Johnson, 1994). Authority is the right of individuals to control and direct
other people.

Differences between Power and Authority

i. Legitimacy: Authority is legitimate power; people owe it as a duty to obey
because it is a power that is exercised with general approved. While in power
obedience is a duty.
ii. Delegation: Authority can be delegated because it is legitimate while power
cannot be delegated.
iii. Basis of obedience: In case of authority people obey because they feel it is
their duty to obey while in case of power people obey because of the fear of
the unknown.
iv. Duration or Time: Authority is exercised for a long period of time while
power is short lived.
v. Hierarchical: Authority is hierarchical, from top to the bottom and vice versa
while power is not hierarchical in nature.

10.13 Abuse of Power

The concept of abuse of power could mean different things to different people.
But abuse of power is associated with misapplication or arbitrary use of power to
achieve selfish aims and desires. It is the unlawful and improper use of power (Toluhi,
2001). Abuse of power or authority in may be the prime and true essence of moral
evil. Those in position of authority exercising legislative, executive and judicial
power refuse to accept responsibility to better the life of the people in the country that
means they are misplacing priority and immorality has set in; the consequence of
abuse of power.
Abuse of power is that situation that exists whenever someone has power over
others. (that is the capacity to impose his or her will on those of others), for example,
by virtue of his or her superior mental dexterity, social position, Physical strength,
knowledge, technology, weapons, wealth. or the trust that others have in him or her.
unjustifiably uses that power to exploit or harm others, or through lack of action,
allows exploitation or harm to occur to them.
It is obvious to note that someone who does not have any form of power or
authority does not abuse it. Therefore, those in position of power or authority and who
have been delegated to exercise power or authority on behalf of the parent
organization are the ones that abuse power particularly when they want to use the
power or authority wrongly to achieve an aim other than the aims for which the power
or authority is meant for. Abuse of power could take different shapes or forms.

10.14 Forms of Abuse of Power

The major forms of abuse of power are as follows:
i. Abuse of Legislative Power

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 When the legislature begins to enact laws that are detrimental to the wellbeing
of the citizens, initiates bills that are not people oriented; approve of executive bills or
appointments without due regard to legislative procedure and running of legislative
business on the basis of party line not on national interest.

ii. Abuse of Executive Power

When the chief executive like the President. Prime Minister, Governors, Local
Government Chairman. Heads of Ministries and governmental parastatals use their
Public office to appropriate to themselves public money at their disposal to the
detriment of the ordinary citizens of the country; when the executive initiates policy
decisions and programmes that have no direct bearing on the life of the citizens; it is
misapplication of the executive power.

iii. Abuse of Judicial Power

The illegal and misinterpretations of law in favour of chief executives or any
powerful individual in the society; the inability of the judiciary to declare any action
of any legislative and executive arms of government that are not in consonant with the
constitution null and void constitute abuse of judicial power.

Effects of Abuse of Power

i. Abuse of power can lead to the emergence of dictators since a leader will use
state power to oppress people and perpetuate himself in power.
ii. Also abuse of power can lead to retardation and general underdevelopment in
the country since power is being used as a personal property of an individual
who manipulates it constantly to satisfy his personal interest. The political,
social and economic development of the state will be retarded,
iii. Abuse of power leads to distrust and anarchy since people are being alienated
from the system and cannot contribute effectively for the development of their
country.
iv. Abuse of power leads to the erosion of fundamental human rights, rule of law
and due process.

Remedies for Abuse of Power

i. The Legislature should check the excesses of the executive arm of
government, approves all executive appointment in accordance with the
legislative procedures and could impeach or remove the chief executives on
the ground of gross misconduct.
ii. The judiciary should check the excesses of the legislature and executive by
declaring any of their actions that is not inconsonant with the constitution null
and void. The judiciary should interpret the law and pass judgment without
fear or favour.
iii. The Executive should initiate and implement policy decisions and
programmes that are meaningful to the life of the citizens.
iv. The use of institutions or commissions like the Public Complaint Commission,
independent Corrupt Practices and other related Offences Commission
(ICPC), Economic and Financial Crimes Commission (EFCC) in Nigeria help
to checkmate abuse of office by public officers.
v. The use of mass media like radio, television. newspaper etc to expose all
forms of abuse of power by public officers.

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vi. To ensure effective administration of justice where rule of law,
constitutionalism and due process are guaranteed.
vii. Elections should be held periodically to weed out all corrupt leaders.

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 CHAPTER ELEVEN

LEADERSHIP AND FOLLOWERSHIP

Introduction
Leadership is the ability to lead others by influence. A leader can be described
as anybody who can influence others to perform beyond their formal authority (Ujo,
2001). It is the act of influencing individuals or group activities toward the
achievement of organizational objectives (Radian, 1986). Leaders are administrators;
they plan. organize and control the system. They inspire, direct, encourage. motivate
and induce others towards the achievement of organizational goals and objectives.
Leaders may be appointed, elected, nomination or emerged from within the
organization.
A leader is a head of a group of individuals with the task of directing and
controlling the organization or a set of people. Leadership style is determined by the
way a leader combines the leadership skills with the function which he perform in
order to motivate those whom he is leading (Orway. 1983).
Drucker gave five triats/habits which any effective administrator must
cultivate.
i. He should know where his time goes. He should manage as much as possible
his time putting under control, those times can be controlled.
ii. He will build on his strength and the strength of his subordinates and seniors if
he keeps an eye on time.
iii. He concentrates on far major areas where every superior performance will
bring about very outstanding result.
iv. He makes his decisions slowly but surely.

11.1 Characteristics of a Leader

Leaders possess certain characters, traits or qualities and some of which are as
follows:
i. Optimism: Anybody who inspires others to work must be optimistic about
what he is doing. No matter how bad and dismal the situation may be a leader
must be optimistic about the success of his organization. In order to exercise
leadership, one must believe in one’s possibilities (Berkeley, 1978).
ii. Energy and enterprise: If a position has been thrust upon a man, he cannot
hope to meet his obligation without some deliberate and diligent application of
his talents. A good leader must keep to his faith, and his actions and utterances
be worthy of emulation by the followers,
iii. Intelligence: Thus, leaders are always intelligent people. Nobody will respect
or recognize any leader who is dull. Leaders are knowledge seekers.
iv. Communication: Leadership is a process of influencing people. skills in the
use of communication system is therefore necessary. Nobody will recognize a
leader who can hardly speak. Communication could either be verbal or
written.
v. Emotional Stability: Good leaders should not be emotional or over-react to
situations. They should handle situations in such a manner as to achieve in
tended results.
vi. Integrity and faithfulness: A good leader must commit himself to integrity or
be faithful to the subordinates or followers. He must not cheat and segregate
among his followers on the basis of tribe, religion or region.

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vii. Commitment to Morality and Ethics: A leader must be morally strong to
fight against all temptations of lust and bribery in order to establish a
discipline society.

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viii. Selflessness: A good leader must put the interest of his group or society first
and above the interest of any individual. He never gives to compromise; he is
focused and determined to meet up with the target goals and objectives of the
society.

11.2 Types of Leadership

Many factors come into play in choosing a leader. Such factors are biological,
social, cultural, charismatic, power and personality and these are translated into the
type of leadership or leadership styles.
i. Traditional Leadership
This type of leadership is based on people’s custom. Ascendancy to the throne
is through inheritance. Examples are traditional rulers like the Obas, Emirs and Obis
in Nigeria. The table below provides the major titles of traditional rulers in Nigeria.

SOME TITLES OF TRADITIONAL RULERS IN NIGERIA

Oba of Lagos Lagos State The Akwu-Uka of Wukari Taraba State
Alaafin of Oyo State Obong of Calabar Cross River
Aromoko State
Alafin of Oyo Oyo State Gbong-Gwon of Plateau State
Jos(Berom)
Ooni of Ife Osun state Etsu Nupe (Bida) Niger State
Osemawe of Ondo Ondo State Ataoje of Oshogbo Osun State
Ajake of Egbaland Ogun State Obi of Onitsha Anambra State
Emir of Kano Kano State Eze of aba Abia State
The Lamido Adamawa State Obi of Agbor Delta State
Sultan of Sokoto Sokoto State Long Geamal of Shendam Plateau State
Emir of Zauzau Kaduna State Ponzi of Tarok (Langtang) Plateau State
Shehu of Borno Borno State Owa of Umuowa Imo State
Tor Tiv of Tiv Benue State Igwe of Enugu Enugu State
Igwe of Orlu Imo State Oba of Benin Edo S State
Owa of Ilesha Osun State Ataoja of Oshogbo Osun State
Soun of Oyo State Ochi Idoma Benue State
ogbomosho
Source: Dialy Trust Current Affairs, 2010:21

Tradition rulers in Nigeria hear different titles or names. All ethnic

nationalities in the country address their traditional rulers with different names or
titles. Eggon speaking people in Nasarawa state address their traditional ruler as “Awe
Eggon”, Alago people of Doma, “Andoma”, Egbira people. “Ohinoyi” Mada speaking
people “Chum Mada”, Gede speaking people. “Gomo” Gwandara speaking people,
“Sangari” while Auchi people in Edo state address their traditional ruler as “Otaru”
etc.
Traditional rulers are the custodians of the people culture and customs and rule
in accordance with the customs and traditions of the society.

ii. Charismatic Leadership

These kinds of leaders are believed to have rare qualities, divine appeals and
talents. They are believed to have some outstanding personalities and appeal. They

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appear to be infallible, courageous and domineering because people believe in them
and their ideals.

iii. Democratic Leader

This leadership is based on legality; a leadership which is flow the law and
constitution (Olalade et at, 1997) Democratic leader emerges though popular suffrage.
This style is based on participatory decision; it could be constitutive and require high
degree of group involvement.

11.3 Leadership Styles

As said earlier, leadership style is determined by the way a leader combines
the leadership skills with the functions which he performs in order to motivate those
whom he is leading. The environment in which a leader finds himself can partly
determine the skills and the styles he/she employs (Atah, 2010). Therefore, different
types of leadership styles are discussed below:
i. Intimidatory leader: This is a type of leader that reply heavily on the use of
fear and coercion to exact compliance from his followers. A country with a
history of gross break down of law and order, political instability or threats of
such, may see the emergence of an intimadatory leader (Pine. 2010). Example
of intimadatory leaders are Pol Pot era in Cambodia. Mobistu Sese Seko in
Congo, Robert Mugabe of Zimbabwe, Idi Amin of Uganda and Benito
Musolini of Italy among others.
ii. Transformational leader: According to Burns (1978) transforming
leadership is a process in which leaders and followers hold each other to
advance to a higher level of morale and motivation. Transformational
leadership enhances the ‘‘motivation, morale and performance of followers
through a variety of mechanisms …. being a role model for work. and
understanding the strengths and weaknesses of the followers, so the leader can
align followers with tasks that optimize their performance’’. Bass (1985)
argues that the extent to which a leader is transformational is measured first, in
terms of his influence on the followers. A transformational leader is a dynamic
one that sees change as the fundamental instrument of societal change. He
raises the awareness of their followers to the high essence of life and may
clear out old institutions in order to effect fundamental changes to policies. A
society with a history of inequality in the distribution of scarce but allocable
resources, may suddenly have a leader with transformational zeal (Atah,
2010).
iii. Transactional leader: Burns (1978) posits that transforming and transactional
leadership where mutually exclusive styles. Transactional leaders usually do
not strive or cultural change in the organization but they work in the existing
culture while transformational leaders can try to change organizational culture.
Transactional leader is a conservative leader that does not see change as an
essential instrument of societal development. He operates within the existing
political structure and motivates followers by exchanging with them rewards
for services rendered. Fundamental changes are not in his normal domain of
action (Atah, 2010). Examples of transactional leaders are: Ibrahim Babangida
of Nigeria, Robert Mugabe of Zimbabwe among others.

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iv. Reconciliatory leader: This is a type of leader that relies heavily on
diplomacy to reconcile between two antagonistic view points in his effort to
remain relevant and ensure societal transformation. Examples of reconciliatory
leaders are: Yakubu Gowon and late Sir Abubakar Tafewa of Nigeria.

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v. Patriarchal leader: This is a conservative leader who command neofilials
reverence; highly domineering, a near-father figure. rewards followers for the
services rendered, and appreciates fundamental changes in the institutions and
policies particularly those changes that satisfy his personal interest (Pine,
2010). Examples of patriarchal leaders are Mzee Jomo Kenyzttta in Kenya.
Nelson Mandela of South-Africa, Olusegun Obasanjo of Nigeria.
vi. Bureaucratic leader: This relies heavily on efficiency, procedure and due
process. He believes in quality not quantity. A typical example of bureacratic
leader in Nigeria is Muhammed Buhari.
vii. Mobilizational leader: This is a type of leader who relies on his persuasive
power to mobilize his followers action. The mobilitional leader has ideology
as his main drive, with an undercurrent of charismatic qualities which buttress
his ability to mobilize the populace or particular kinds of social action (Pine,
2010). Examples of mobilizational leaders are: Murtala Ramat Muhammad of
Nigeria. Samorah Machel, Kwame Nkruma of Ghana. Sekou Toure of Guinea
among others.

11.4 Followership
Group organization need to exist before there can be followers and leaders.
Leadership and fellowship are things of consent. That is the two parties need to agree
(Olalade, 1999). Followers are groups of people who play supportive roles in the
attainment of the societal goals and objectives. Followers take instructions, commands
and directives from the leader whom they put their trust on. For the law and order to
be maintained and for the organization to achieve its objective. both the leader and
followers need to ‘work together as partners in progress because the two need each
other. Followership presupposes that there is a person group or cause to be followed.
Often followers expect action proposed by their leaders (Atah, 2010).

11.5 Qualities of Followership

The good followers are expected to possess certain qualities which can aid the
operations of the leader in the organization or society.
i. Adviser to the Leader: A good follower must always offer good pieces of
advice to the leader so as to enable him formulate good policy decisions for
the betterment of the organization or society.
ii. Respect for constituted authority: A good follower must have respect for
those people in position of authority. Those in position of authority should be
honest, dedicated and faithful to their duties
iii. Constructive criticism: Followers must learn to make constructive criticisms
of their leaders and policy decisions of those in position of authority.
iv. Commitment to Service: Followers should endeavour to carry out
instruction, orders and commands given by the leader in order to achieve the
goals of the organization or society.
v. Faithfulness and Honesty: A good follower must be faithful and honest to
himself, the leader, organization or society. He should not involve in any act
that can jeopardize the interest of the organization or society.

11.6 The Roles of Leaders and Followers in Nation Building

The task of building a Nation is a difficult one; both the leaders and followers
need to come together to forge a common understanding that will ensure national
development. Leadership and followership are two sides of the same coin leadership

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presupposes followership (Atah, 2010). Therefore, for a Nation to develop both the
leaders and followers must put the following into consideration.
i. Objectivity
Both the leaders and followers need to be objective in carrying out their duties.
Leaders should always implement policies and programmes that will better the life of
the people. They should not allow their personal sentiments to contradict their official
responsibilities. They should teach their followers how to catch fish by providing the
enabling environment where economic activities could be encouraged.

ii. Sacrifice
For a Nation to develop both the leaders and followers must be prepared to
sacrifice their time, energy and resources. Leaders should always think of what to do
for the country not what the country can do for them. They should always look at
leadership us an opportunity to serve and the followers should always reciprocate the
kind gestures given to them by theft leaders.

iii. Accountability
Leaders should be accountable to the followers since sovereignty belongs to
them. They should avoid all corruptive tendencies and also any act that will tarnish
the image of the country.

iv. Nationalism
Leaders and followers should be nationalistic both in thinking and character.
They should not allow ethnic, religious or regional sentiments to becloud their
national feelings. They should see themselves as ambassadors of their country not of
their ethnic, religious or regional nationalities.

v. Solidarity
Leaders should be sources of support to their followers and vice-versa.
Leaders sources of support to their followers and should constantly seek the support
of their followers by providing them with social amenities such as schools, good road
network, hospitals. drinkable water and so on. The followers should always be law
abiding citizens and respect those in the position of authority.

vi. Tolerance
Both the leaders and followers should tolerate each other and be partners in
progress. They should not allow their ethnic, religious or regional differences to
undermine their national interest. They should see themselves as one irrespective of
their differences.

vii. Optimism
Both leaders and the followers should be optimistic and not pessimistic. They
should be firm, industrious and courageous. They should not allow their personnel
feelings becloud their sense of reasoning.

viii. Patriotism
Also as part of Nation building both leaders and followers should be patriotic
and dedicated to their duties and nation. They should respect the National Anthem,
the Pledge, the National Flag and constituted authority.

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ix. Service to Humanity
Leadership should be purposive and goal-oriented. Both leaders and followers
should set their purpose or goals and how these purposes or goals can be achieved.
The primary purpose of governance is the security and welfare of the people.

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 CHAPTER TWELVE
NATIONAL IDENTITY AND SYMBOLS
Introduction
All human societies have some symbols or certain identities that serve as the
mark of recognition and respect, though these symbols or identifies could mean
different things to different people. It could mean absolute sameness, likeness or
oneness, the feeling of togetherness that are represented in concrete objects which am
used to symbolize national identity are referred to as national symbols.
In Nigeria the national flag and the armorial bearing otherwise known as the
cost of arms constitute important symbolic representations of our national ideals. The
National Anthem and National Pledge are focal points of our national integration,
nationalism, patriotism and dedication to national duty.
Therefore, respect for national symbols is a call to patriotism, one of the most
important personal and collective commitments, which all Nigerians a called to make
towards the realization of the genuine renaissance and rebirth in the new dawn. Our
country’s political and social evolution in a democratic era calls for the constant and
persistent upholding of the respect for national symbols (Onyema, 1999). The primary
aims of Nigeria are reflected in her national symbols.

1. The National Flag

Section 5 of the law states that any person who flies or exhibits the national
flag in a defaced or bad condition shall be guilty of an offence against these
ordinances. Therefore, it is offensive for the national flag to be wrongly used or
displayed.
This flag is governed by the Flag and Coat of Arms Ordinance of 1960. It is a
symbol of authority and insignia of state power. It tells the history of people and their
aspirations.
The National Flag is divided basically into three equal parts; the central part is
white which represent peace and unity and the other parts are green which represent
agriculture.

12.1 Treatment of the National Flag

The national flag is hoisted and flown ceremoniously and briskly in the
morning and at sun rise and lowered slowly in the evening. When Nigeria was still
under British colonial administration, the British national flag called the Union Jack
was used as her flag. When Nigeria got her independence on p October 1960, Mr.
Taiwo Akinkunmi had designed the new National flag in 1958, with the Green-White-
Green Colour. The national flag stays on and should always be hung and only on very
important occasion should it be laid out flat horizontally. They flag is usually flown at
the peak of the hoist except on memorial days, during state funerals as a mark of
respect. At such times it is flown at half most. When the flag is in a room, no other
flag should he placed higher than it. Old or worn out flag must never be used or
displayed particularly when a flag becomes soiled. The torn cloth should be destroyed
by burning and any other method with dignity and respect.

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Discussion of the Flag
The dimension of the national flag is a simple ratio of the length of the flag
being double of the breadth.
Breadth Length
Big 1.2 meters 2.4 meters
Medium 0.9 meters 1.8 meters
Small 0.6 meters 1.2 meters
Source: Emma (2006) Citizenship Education: A Complete Guide: 120

Display of the National Flag

i. In any occasion when the flag is carried in a procession, the carrier should be
neatly and properly dressed.
ii. When there are more than one flags, the national flag should always be in the
front.
iii. The national flag should always be in front and at the centre of all other flags
in the procession
iv. During a national catastrophe the flag is flown at half-mast.
v. For a speaker on the platform, the national flag should be on the speaker’s
right hand as he faces the audience, other flags can be on the left.
vi. Whenever a group of flags are displayed, the Nigerian flag should be at the
centre and placed higher than tile others.

2. The Nigerian Armorial Bearing (Coat-of-Arms):

The Coat of Arms was adopted in 1960 at independence. It contained the
national motto which is unity and faith; unity of the diverse people and faith in
oneness and wellbeing of the country (Oladele. et al. 1997).
The current Nigerian Coat of Arms remains the only recognized symbol of our
national unity, insignia of authority and state power. It is governed by the national
flag and Coat of-Arms are:
i. The shield represents the good fertile soil of Nigeria.
ii. The two wavy band on the shield represent the River Niger and River Benue
and their confluence.
iii. The two supporting (Horses) on the side of the shield represent dignity.
iv. The floral/foliage cactus spectabilis (flower which the shield rest on) is the
common wild flowers found throughout Nigeria.
v. The eagle stands for strength.
vi. The wreath on winch the eagle’s perches is in Nigerian i at ion al colour.
vii. The motto of Nigeria: unity and faith. peace and progress.

3. The National Anthem

The national anthem is an inspirational song or rhymes of a country. It is
meant to inspire the spirit of patriotism, truth. loyalty, dedication, nationalism and a
call to national duty.
The Nigerian National Anthem was written by Miss L.J. Williams and
composed by Miss Francisca. It is a verbal reflection of what is contained in the
national flag and coat of arms. It commits the nation to God and extols the virtues of
legitimate and selfless labour as a necessary condition for nation building where peace
and justice reign supreme. The national anthem is a sung on national occasions and
ceremonial gatherings. At all times when the national anthem is in progress. all

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persons around are expected by law to stand at attention, remain speechless or
suspending all activities.
12.2.2 The National Anthem iii sting as:
Arise o compatriots. Nigeria’s call obey
To serve our father land
With love and strength and faith
The labour of our heroes past
Shall never be in vain
To serve with heart and might
One nation bound in freedom,
Peace and unity.

12.3.2 Second Stanza of the National Anthem

O god of creation
Direct our noble cause
Guide our leaders right
Help our youths the truth to know
In love and honesty to grow
And living just and true
Great lofty heights attain
To build a nation where
Peace and justice reign

4. The National Pledge

The national pledge was introduced after the Nigerian civil war in 1978 which
took place between 1967 and 1970. The pledge sought to reaffirm our commitment,
dedication, loyalty to the country while discouraging rational, tribal and religious
loyalties.

12.4 The National Pledge

I pledge to Nigeria my country
To be faithful, loyal and honest
To serve Nigeria with all my strength
To defend her unity
And uphold her honor and glory
So help me God.

5. National Passport
This is one of the traveling documents which every intending traveller must
obtain before he or she can be qualified to travel outside Nigeria. It is prepared and
issued by the passport office of the Ministry of the Interior which identifies the holder
as a Nigerian. The National Passport contain the following particulars: the name of
the holder, date and place of birth, sex. photograph of the holder i.e. “passport”. It
also has the Nigerian coat of arms at the front.

12.5 Some Great Nigerian Leaders and their Brief Biographies

LATE MR. HERBERT MACAULEY

Mr. Herbert Macauley was born in the year 1864. He was the grandson of
Bishop Ajayi Crowther; Mr. Macaulay was an Engineer by profession and the first

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Nigerian to form a political party. Nigerian National Democratic Party (NNDP) in
1922. He was a politician, businessman and nationalist who fought fervently for the
independence of Nigeria from British rule. He was diplomatic, patriotic and
nationalistic in thoughts and feelings. He saw Nigeria as his home.

LATE SIR AHMADU BELLO

Sir Ahmadu Bello was born in 1910 at Rahat in Sokoto State. He was a
founding member of Northern People Congress (NPC) which formed the majority at
the central legislature. He was the leader of the party and the premier of the Northern
Region. Sir, Ahmadu Bello was among the Nigerian leaders who fought for Nigeria’s
Independence. He was assassinated during the first military coup in 1966.

LATE CHIEF OBAFEMI AWOLOWO

Chief Obafemi Awolowo was born in the year 1909 at Ikene, Ogun State. He
studied law in London university in 1946. He was the founder of the Egbe Omo
Oduduwa, a Cultural Organization which later transformed into a political party called
Action Group. Awolowo introduced free education in western region of Nigeria in
1954. He was among the nationalists who fought for the independence of Nigeria. He
was the presidential candidate of the Unity Party of Nigeria (UPN) in the 2 nd
Republic. He died on 9 May, 1987.

LATE DR. NNAMDI AZIKIWE

Dr. Nnamdi Azikiwe was born in 1904 in Zungeru, Niger State. He became
the Governor and President of Nigeria from 1 st October 1960 to 1 January 1966. He
was an academician, businessman and politician. He was one of the Nigerian great
nationalists who fought for Nigeria’s Indenpenence. Dr. Azikiwe was the presidential
candidate of the Nigeria People’s Party (NPP) in the 2 Republic. He died on 11 th
1996.

LATE ALHAJI SIR AHUBAKAR TAFAWA BALEWA

Late Alhaji Sir Abubakar Tafawa Balewa was born in 1912 at Tafawa Balewa
in present day Bauchi state. He was a founding member of the Northern Peoples
Congress (NPC) that formed the government in the first republic in Nigeria. He was a
member of the Federal Legislature and became the Prime Minister of Nigeria. He
fought for the independence of Nigeria. Sir Tafawa was assassinated in the 1966 first
military coup in Nigeria. He was compassionate, charismatic, courageous and
patriotic.

LATE SENATOR JOSEPH TARKA

Late Senator Joseph Tafka was born on 10th July, 1932 in Igbor near Makuirdi
in the present day Benue state. Late Senator Tarka was a household name in the
politics of the middle belt in particular and Nigeria in general. He was an astute
politician, businessman and seasoned administrator. Late Sen, Tarka Conned the
United Middle Belt Congress (UMBC) in 1955 to fight the course of the Middle Belt
region. He died on 30th March. 1980 in London and was buried on the 12th April of the
same year in Gboko, Benue State.

MA.JOR GENERAL JOHNSON THOMAS AGUIYI IRONSI

Late Major General Aguiyi Ironsi was born on 3 March 1924, in Umahia-
Iheku Abia state. Aguiyi was enlisted into Nigerian Army on 2’ February. 1942. He

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went for military training in Eaton Hall England and later Royal Army Ordinance
corps as infantry officer on the rank of Lieutenant in 1949. He was the first
indigenous General Officer Commanding of the Nigerian Army in 1965. He became
the head of state of Nigeria on 16 th January. 1966 after the military overthrew tile first
civilian administration of Sir. Abubakar Talawa Balewa. Ironsi and his government
were tcrnlinated by a counter coup of 29th July, 1966.

GENERAL YAKUBU GOWON

General Yakubu Gowon was born on 19 th October, 1934. He joined the ranks
of the Nigerian Army in 1954s as a Second lieutenant became a Lieutenant Colonel
and a Battalion commander by 1966. Gowon became the military Head of State of
Nigeria after the counter coup of 29 th July 1966. He ruled the country between 1966 to
1975. During Gowon regime, the succession move by Biafran was prevented. He
converted the existing regions in the country to twelve (12) states, He introduced
Nigerian Youth Service Corps (NYSC) and played a major role in the formation of
Economic Community of West African State (ECOWAS).

GENERAL MURTALA RAMAT MUHAMMED

Late General Murtala was born in November. 1938 in Kurawa Quarters of
Kano city. As an officer, he was trained a Sandlmurst Royal Academy, the Catteric
School of Signals and the Joint Service Staff College, England. Murtala served in the
Nigerian Contingent to the United Nations’ Peace keeping force to DR Congo. He
fought for the unity of Nigeria during the civil war in Nigeria between 1967 and 1970.
General Murtala Muhammed served as the Head of State from July 1976 to February
1976. He increased the number of states from twelve (12) to nineteen (19); and
proposed Abuja as the Federal Capital of Nigeria.

CHIEF OLUSEGUN OBASANJO

Chief Olusegun Obasanjo was born on 5 March, 1937 in Abeokuta. Ogun
state. He started his education carrier at Abeokuta Baptist High School and attended
officers Cadet School in Aldershot. England in 1958 and was enlisted into the
Nigerian Army the same year. Second Lieutenant 1959. Lieutenant 1960. Captain and
Commander of Nigerian Army’s Engineering Unit, 1960 to 1963. Major and
Commander of Field Engineering Unit, 1965, Lieutenant-Colonel 1967, Colonol
1969. Commander of 3 Marine Commander Division 1969 to 1970 and others. Head
of State and Commander at/ Nigerian Armed Forces 1976 to 1979; elected President
of Nigeria. 29th May 1999 to 29th May. 2007.

ALHAJI SHEHU ALIYU USMAN SHAGARI

Alha Shehu Aliyu Usman Shagari was born on 25t February, 1925, in Shagari
village. Sokoto. He went to Quranic School at the age of four (4). Shehu Shagari
started elementary education at Yabo Sokoto Middle School and Kaduna College. As
a trained teacher, he started his teaching carrier at the Sokoto Middle school and
science teacher at Zaria Middle school.
Shehu Shagari began his political career together with Mallam Gambo Abuja
when they formed Youth Social Council in 1946. Shagari was elected to represent the
constituency of Sokoto Southwest. in 1959, he was appointed Parliamentary secretary
to the Prime Minister, Sir Abubakar Tafawa Balewa. He became the Minister of
Economic Development and Minister for Internal Affairs 1960 and 1962 respectively.

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Minister of Works and Survey in 1956; Minister of Economic Affairs and Finance
during Yakubu Gowon’s Administration.
Alhaji Shehu Shagari was a founder National party of Nigeria (NPN) and
contested the presidential election in 1979 and won. Shagari was the first executive
president of Nigeria.
GENERAL MUHAMMADU BUHARI
General Muhammadu Buhari. former Military Head of State and president
elect was born on 17th December, 1942. Buhari hails from Daura in Katsina State,
Nigeria. Unlike his contemporaries, he spent his life in military circle and not until
1975 when he was made the Minister (Federal Commissioner) or Petroleum and
Natural Resources during the military administration of General Olusegun Obasanjo.
Before his appointment as the Federal Commissioner for Petroleum, he was the
Military Governor of the then North-Eastern state of Nigeria under Murtala Ramat
Muhammed. in 1977 he became the head of the newly established Nigeria National
Petroleum Corporation (NNPC).
The young Muhammadu Buhari at the rank of Brigadier was the General
Officer Commanding the 3rd Armoured Division. Major General Muhammadu Buhari
was chosen to lead the country after a successful military take over from the civilian
government of Shehu Usman Aliyu Shagari on 31 st December, 1983. Buhari’s
administration was renowned for its War Against Indiscipline (WAI) in Nigeria.
During the regime of General Sani Abacha. Buhari served as the Chairman of
the Petroleum Trust Fund and carried out several developmental projects in the
country. Buhari contested the presidential election under the platform of all Nigeria
People’s Party (ANPP) in 2003 and 2007 against Chief Olusegun Obasanjo and later
Umaru Yar’ Adua of the People’s Democratic Party (PDP). He also contested the
2011 presidential election under the platform of the Congress for Progressive Change
(CPC). Buhari again contested the 2015 President election and Won.

GENERAL IBRAHIM BADAMASI BABANGIDA

General Ibrahim Badamasi Babagida the first military President of Nigeria
was born on 17’ August 1941 in Minna Niger state Nigeria. The young Ibrahim got
admission to Government College Bida, and completed his secondary education in
1962. He enrolled into the Nigeria Military Training College in the month of
December 1962 and completed in April 1963 and later was commissioned at the rank
of 2nd lieutenant in the Nigerian Army.
In pursuance of his military cancer, General Ibrahim Badamasi Babangida
(IBB) proceeded to the Indian Military Academy for a course and graduated in the
month of April 1964. He was appointed the commanding officer of the 1 st
Reconnaissance Squadron, a position he held till January 1966. He proceeded to the
Royal Armoured Centre in the United Kingdom for the young officer’s course and
finished in April 1966. In the following year. the young Ibrahim Babangida was
promoted to the Armoured Centre where he bagged a certificate in Armoured Driving
Maintenance. He was appointed commander. 44 Infantry in July. 1968 and promoted
to the rank of a Major in April 1970; Lieutenant Colonel in 1974: Inspector and
Commander, Nigeria Army Armoured Corps in 1975; Commander of the Nigeria
Army Corps; Brigadier 1979. He attended the Nigeria Institute of Policy and Strategic
Studies (NIPS) Karu, Jos, Plateau State; Appointed Director. Army Staff Duties and
Plans. Major General in March 1983; Chief of Army Staff on 31 December 1983,
Commander-in-Chief of the Armed Forces on 7th August 1985.

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 General Ibrahim Babangida introduced Structural Adjustment Programme
(SAP), National Directorate of Employment (NDE), MAMSER and others. He
created two political parties. Social Democratic Party (SDP) and National Republican
Convention (NRC) that took part in the 1989 to 1993 transition. He increased the
number of states to thirty (30).

CHIEF ERNEST ADEGUNLE SHONEKAN

Chief Finest Shonekan was born on 9 May. 1936 in Lagos. He is a British
Nigeria trained Lawyer, Industrialist and Politician. Mr. Shonekan joined United
African Company of Nigeria Plc (UAC) in 1964 and rose to the rank of the Chairman
and Chief Executive of the company.
However, after the annulment of the presidential election in 1993 by the
Bahangida’s administration. Chief Ernest Adegunle Oladeinde Shonekan was
appointed as interim President of Nigeria on 26 August 1993. Shonekan transitional
government only lasted three months, following a palace coup leading to his
resignation and emergence of General Sani Abacha as the Head of State on 17
November. 1993.

GENERAL SANI ABACHA

Late General Sani Abacha was born on 20th September, 1943 in Kano. He
attended the Nigerian Military Training College in Kaduna and Mons Defence Officer
Cadet Training College in Aldeirshoot, England and was commissioned in 1963. He
took act in the Nigeria civil war. Late Sani Abacha was Chief of Defence Staff in
1985. Chief of Army Staff, and later Minister of Defence in 1990 and Head of State
and Commander-in-Chief of the Federal Republic of Nigeria on 17th November, 1993.
General Sani Abacha established the Petroleum Trust Fund and created
additional six (6) states to increase the number of states to thirty-six (36). He died on
8 June, 1998.

GENERAL ABDULSALAMI ABUBAKAR

General Abdulsalami Abubakar was born on 13th June 1942 in Minna. Niger
State. He attended Native Authority Primary School in Minna, Provincial Secondary
School, Bida and Technical Institute, Kaduna. He joined the Nigeria Army and lose to
the rank of Major General.
The death of General Sani Abacha on 8th May 1998 paved way for the
emergence of General Abdulsalami Abubakar as the Head of State on 9 th May, 1998.
He conducted general election of 1999 in Nigeria leading to the emergence of Chief
Olusegun Obasanjo as the second executive president of Nigeria on 29th May 1999.

MALLAM UMARU MUSA YAR’ADUA

Late Mallam Umaru Musa Yar’Adua, President of Nigeria was born in 1951
in Katsina town, Katsina state. He started his elementary education at Raffukka
Primary School, Katsina in 1958 but later left for Dutsinma Boarding Primary School
in 1962 from where he finished his primary education in 1964. He proceeded to
Government College Keffi in old Plateau State now Nasarawa state from 1965-1969.
Late Umaru now moved to the prestigious and Famous I3arewa College. Zaria for his
High School Certificate from 1970-1971. He holds a Bachelor of Science degree in
Education/ Chemistry, Ahmadu Bello University Zaria. from 1972 to 1975; and
Master of Science Degree in Analytical Chemistry. 1987-1980 from the same
university.

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 Later Umaru Yar’ Adua was a lecturer at the Katsina College of Art. Science
and Technology and Katsina State Polytechnic; Former General Manager, Sambo
Farms Limited, Funtua, Katsina State, former Board mmber Katsina state Farmer’s
supply company; Member Governing Council Katsina College of Art, Science and
Technology, Chairman Katsina State Investment and Property Development
Company (KIDEKO), Director Habib Bank Limited now Bank PHB, former Director
Lodigani Nigeria Limited; Director Hamada Holding Ltd. Director Madara Ltd. Vom
Jos, Chairman National House Press Limited Kaduna.
Umaru Musa Yar’Adua political career began when as a Lecturer he became
an active member of the defunct Peoples Redemption Party (PRP); a foundation
member of the Peoples Front. a political association under the hegemony of his elder
brother General Shehu Musa Yar’Adua; member of the 1988 Constituent Assembly.
Secretary Social Democratic Party (SDP) Katstina State and SDP candidate in 1991
governorship election in Nigeria. During the transition programme of General
Abdulsalami Abubakar in 1998 later Umaru Yar’Adua founded the K34 political
association which later joined hands together to form the Peoples Democratic Party
(PDP) Governor, Katsina State, and President Federal Republic of Nigeria. He died
on 5th May 2010 after a protracted illness and buried on 6 th May of the same year in
his home town Katsina in accordance with Islamic rites.
Late Umaru Yar’Adua will be remembered for his famous 7 points agenda.
rule of law and due process. amnesty prograinme which was intended to bring lasting
peace in the troubled Niger Delta.

DR. GOOD LUCK EBELE JONATHAN

Dr. Goodlock Jonathan, President of Nigeria was born on November I 957. He
started his educational carrier at Stephens and St. Michael Primary Schools, Oloibiri.
Goodluck proceeded to Master Dei High School and finished in 1975. He holds a
Bachelor of Science Degree in Zoology University of Port Harcourt in 1981. Between
1985 and 1995 Master of Science and Ph.D degree in Hydrobiology and Fisheries.
Biology and Zoology respectively, from the same university.
President Goodluck Jonathan was a former Preventive Office with the Nigeria
Custom Services; former Science Inspector of Education, River State Ministry of
Education, one-time lecturer at the Department of Biological Science, River State
College of Education, former Assistant Director of the defunct Oil Mineral Producing
Area Development Commission (OMPADEC) incharge of environmental protection.
Deputy Governor Bayelsa State. Governor Bayelsa State, Vice President Federal
Republic of Nigeria former Acting President Federal Republic of Nigeria and
President elect. 2011.

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 CHAPTER FOURTEEN

NATIONAL ETHIC AND DISCIPLINE IN NIGERIA

Introduction
National ethic implies dedication to excellence in leadership. discipline,
dignity of Labour, mutual respect and tolerance along with the submission of the
citizenry to God in national affairs and personal pursuits (Oji, 1981). Discipline
means training that develop self-control. It represents a positive force connected with
training, not corruption, guiding not punishment, organizing condition for learning,
not first restricting (Mbiti, 1974).
Therefore, discipline according to Turner, (1977) has three factors:
punishment; control by enforcing obedience or orderly conducts; and Training that is
oriented towards correction and strengthening self-control.
The general characteristics of discipline include: self-reliance, diligence,
cooperation, integrity, trustfulness, patriotism, consideration for others and sympathy
(Ozigi, 1999). Therefore, discipline is not restricted to self-respect hut also respect for
one another.

14.1 Indiscipline and its Manifestation in Higher Institutions

Indiscipline means lack of proper training of the mind. It also implies lack of
self-control and respect for rules and regulations. indiscipline also means wrongful
behaviour in the society or doing what is not recognized by the norms and customs of
the society.

i. Prostitution
This is an act of exchanging one’s body for material gains or to satisfy canal
desires. Female students are involved in these heinous acts with their fellow male
ones, businessmen, civil servants and even lecturers. Women engage in prostitution
for material gains, to satisfy their canal desires etc. Prostitution can lead to
HIV/AIDS, unwanted pregnancy, untimely graduation and other social vices.

ii. Examination Malpractices

This is the inability of the students to prepare properly for exams which
contribute to cheating. This is the result of truancy. drug abuse, lack of materials in
our libraries and alcoholism. To overcome this problem, students have to take their
studies seriously, avoid drug abuse, and our libraries should be stocked with books to
encourage learning in secondary and in tertiary institutions.

iii. Indecent Dressing

This is the act of improper dressing among the students. The females and
males alike dress indecently exposing their nudity. Male dye and braid their hair and
females expose sensitive parts of their body all in the name of socialization and
civilization. The desire for material things; recognition and ‘to feel among’ are the
major causes of indecent dressing. Family, constituted authority and religious bodies
should educate the public oil the need to dress properly.

iv. Drug Abuse

The World Health Organization (W.H.O) defines drug abuse as any substance
other than food which when taken by living organisms may modify one or more of its

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actions. It involves use of narcotic drugs like cocaine and heroin which were harmful
effects on people. The result of drug abuse is ill health. stealing, poor ego and
untimely death. Family, non-governmental organizations and government alike should
educate the public on the dangers of thug abuse. The efforts of National Orientation
Agency have been commendable in this regard.

v. Secret Cult
This is a group of persons secretly united and devoted to a particular worship,
craze or a chain of activities (Ema, 2005). Examples of secret cults are black axe,
black brazier, mafia. and black cat etc. People join secret cults for power. recognition
and knowledge and even for beauty among women. It leads to exam malpractices
untimely death and stigmatization. Government through mass media should educate
people on effects of secret cult, family and religious bodies are not left out in this
fight.

vi. New Catch Waves

Another social problem that is common into higher institutions today is new
catch waves phenomenon or what students called JJC (Johny Just Come). New
students who just resume in schools find themselves trapped by the old students
particularly at the point of registration and accommodation. The big boys around on
campus tend to help the new ones and introduce them into certain cultic and shoddy
behaviours such as smoking. stealing, indiscriminate sex and even cultism.

Causes of Indiscipline
i. The Family: Family is described as the basic unit of the society and the first
stage of socialization of a child. The inability of the family to properly
socialize its members into the societal norms and values contribute greatly to
indiscipline in our society.
ii. The Peer and Social Group: Through peer group the behaviour of an
individual is influenced negatively such as cigarette smoking. drug abuse,
lying and so on.
iii. The Mass Media: Through radio, television. magazines, newspapers, internet
and even cables, the youths are exposed to indecent and pornographic aspects
of life which corrupt their minds.
iv. Unemployment: Inability of the young people to secure jobs or something to
earn a living may lead to stealing, prostitution and other social vices.
v. Materialism: The quest for material things among the youth and even adults
contribute greatly to indiscipline behaviour. The students have excessive love
of money and material comfort. They engage in all sorts of immoral acts like
lying, fraud and cheating to satisfy their material needs.

14.3 Consequences of Indiscipline

 Breakdown of law and order
 It brings down educational standards
 It increases the rate of social vices like stealing, drug abuse. child-trafficking
etc.
 It leads to wide spread of diseases and deaths e.g HIV & AIDS.
 Indiscipline brings about breakdown of family systems and values because
children do not seem to respect the elders in their society as a result of
indiscipline.

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  Indiscipline leads to corruption and mismanagement of funds.
14.4 Methods used by public agencies in the Control of Indiscipline
 Legislation: Public agencies like Economic and Financial Crimes
Commission and Independent Corrupt Practices and other related offences
Commission use legislation or law to control unacceptable behaviours in
Nigeria.
 The courts: public agencies also use courts to prosecute offenders.
 The mass media: Public agencies use the media like television, radio,
newspaper and internet to disseminate information and expose-all corrupt
tendencies in the public sector and the society.
 Public opinion: Public agencies also use public opinion or the views
expressed by the members of the society on any issue or public interests to
make a case for a disciplined society.
 Public agencies also organize symposium and conferences on the need to be
disciplined and live a corrupt free society. Example Economic and Finance
Crime Commission.
 Public agencies also use police and other security agencies to arrest criminals
and take them to court for prosecution.
 Public agencies also use general order to issue circulars. warning letters and
queries and place stringent measures on how money allocated to the
departments, ministries, parastatals and other statutory reports could be used
judiciously.

14.5 Citizen Participation in the Control of Indiscipline

 Provide useful information to the security outfits and anti-corruption agencies
like Economic and financial Crimes Commission an Independent Corrupt
Practices and other related offences Commission.
 To create awareness on the need to have positive attitudes toward public
property. This can be achieved through the media like radio, newspapers and
also through symposiums and conferences.
 Religious organizations like the Islamic Movement of Nigeria. Christian
Association of Nigeria, Azallatul Bidia Waikamatu Surnah should educate
their members on the need to embrace peace and love one another and be a
brother’s keeper.
 It is said, charity begins educate their wards to ambassadors of the family at
home, so parents should he disciplined and good ambassadors of the family
and society at large.
 The mosques, the churches and other social institutions should encourage their
worshippers or followers to always embrace peace and be dedicated to service
of God and nation.
 School authorities should orient the students on the essence of discipline ‘and
the dangers of social vices like cultism, drug abuse, alcoholising, examination
malpractices etc.

14.6 The Need to Maintain the Right Attitudes Toward Public Property
As a good citizen of Nigeria it would be important to develop right attitude
towards public property. This is because public property is our property and when
they are placed under our custody, we should handle them with care to avoid waste.
Also, there is need for us to maintain right attitude toward public property because, as
a good citizen, we need to be patriotic and nationalistic in both our public and private

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lives. We need to be good ambassadors of the government and speak well of her and
her programme.

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 CHAPTER FIFTEEN
ENVIRONMENTAL PROTECTION
Introduction
Nigeria is located on the shores of the Gulf of Guinea with the Republic of
Benin to the West. Niger Republic to the North, Chad Republic to the Northeast, and
the Cameroon to the East and Southeast. It has a land area of 923.768 square
kilometers of land mass situated within the tropics. The environment generally is
characterized by high land and low lands, forest, climate, river system, lakes. soil,
vegetation, solar system, natural resources. people and religions.
Environment is the natural and social conditions surrounding all mankind and
including future generation (World Bank, 1991). The totality of natural and human
surroundings and activities including biophysical components and process of the
natural environment of land, water and air, including all layers of the atmosphere. all
inorganic and organic matters, living and dead. Socio-economic components mid
processes of the human environment including social, economic. technological,
administrative, cultural, historical, archaeological, land and associated resources,
structures, sites human health, nutrition and safety (Franks. 1986).

15.1 Components of Nigerian Environment

Physical environment: This involves things in and around our environment
which can he seen or felt such as:
i. Highland: In Nigeria there are four main Areas of highlands; Northern
highland which include that of Jos-plateau: Western uplands include that
Apata hills and the Hausa and. North Eastern highlands include the mambilla
plateau and Mandara Mountains; Eastern highlands include the Attatika
mountains. the shushes mountains mid Adamawa Highlands.
ii. Rivers and lakes: The River Niger which rises front the Futa Jalon highlands
in the North East of Sierra Leone. flows into Nigeria through Guinea. Mali
and Niger from North West. River Benue rises from Adamawa Plateau in the
Republic of Cameroon. One of its tributaries is the Congola Rivers. The River
Niger and Benue meet in Lokoja, Kogi State, Other notable rivers are Ogun,
Osun, Cross River, lmo, Bony and others. However, the two most important
lakes are: Lake Chad and Kanji Dam. It is important to note that rivers and a
lakes are indispensable to mankind. They are used for drinking, cooking.
bathing and for agricultural purposes like irrigations and drainages.
iii. Weather: Is the sum total of condition of the atmosphere of a place over a
period of time. The seasonal distribution of wether in Nigeria are:
a. Swamp forest: This is the types of forest tha grooms in the coastal
areas.
b. Rain forest: This type of forest is characterized by heavy rainfall and a
lot of economic trees like mahogany, Ogbeche, Agba, Iroko, palm trees
and others.
c. Sahel Savannah: This type of forest is in the Northern Part of Nigeria
and it is characterized by low rainfall.
iv. Climate: This is the coldness or hotness of the weather. Nigeria has a climate
that is characterized by high annual average temperature of 35°c in the North
and 31°c in the South. a low average temperature of 23°c in the South and
18°c in the North. The Jos plateau and the Eastern highlands altitude of not
exceeding 23°c and the minimum some times as low as 14°c

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v. Soil: This is a free gift of nature on which production activities take place. The
soil of the North is sandy as well as loamy and is light and yellowish brown in
colour indicating low to moderate leaching effect. but the South and West is
high amount of rainfall. The soil is reddish brown in colour and sandy.

15.2 Social Environment

Another important component of the Nigerian environment is the social
environment which includes religion, eating habit, language, family formation,
rearing children, clothing, dressing, music, dance, beliefs, education, food production
system settlement of disputes and others. We have more than 250 languages in
Nigeria and each language has its distinct mode of dressing, music, dancing and belief
system,

15.3 Environmental Pollution

This is the introduction of substances into the environment that affect its
physical, chemical and biological properties in such a way that is harmful to living
organisms. These substances are referred to as pollutants. A polluted environment is
dangerous to human existence and causes diseases like cholera, malaria and so on.

Types of Environmental Pollution

1. Air Pollution
This is the type of pollution that takes place in the air. It is caused by gas
discharged from indiscrimates and open burning of wastes, bush burning, emission
from generator, mining activities and others.

2. Water Pollution
This is the release of substances into the water that make it harmful for human
consumption. it could be underground and surface water pollution. It is caused by raw
or partially treated industrial effluent discharges. memorial sewage, indiscriminate
dumping of waste, oil spillage, contra-indicated lands, saline intrusion and agriculture
run off pesticides, fertilizer and so on.

3. Land Pollution
This is the type of pollution that occurs on land. It is caused by indiscriminate
dumping of industrial wastes. industrial effluent and domestic sewage discharges, and
other degrading elements from mining and mineral processing industries.

15.5 Environmental Protection

Environmental protection is a process or a means to care, cater and preserve
the environment to save it from degradation, destruction and pollution for the benefit
of man and natural environment. Environmental protect on activities are carried out
by private individuals. organizations, corporate bodies, communities and government.
Environmental protection minimizes decay or destruction of natural and social
environment. It targets at reducing poverty, improves the nutritional and health status
of a man.
Environmental protection becomes necessary because of the role environment
plays in the life of a man, living and non-living organisms. The food, cloth, shelter,
water ways and transportation come from environment; and there is a relationship
between hygienic environment and good health.

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15.6 Environment Protection Agencies
Environmental protection agencies are designated bodies saddled with the
responsibility of protecting the environment. The agencies protect the environment
through regulation, compliance, guidance and enforcement. International
environmental protection agency such as the United Nations Environmental
Programme coordinates United Nation’s environmental activities particularly in
underdeveloped countries.
In Nigeria the Federal Ministry of Environment coordinates all environmental
activities. Before the emergence of the Federal Ministry of Environment, the Federal
Environment Protection Agency was the coordinating body for environmental
protection in Nigeria. Other regulating agencies are:
i. Nigerian Maritime Administration and Safety Agency
ii. Environmental Health Officers Council
iii. Nigerian Ports Authority
iv. Nigerian Nuclear Regulatory Authority
v. National Oil Spill Detection and Response Agency
vi. Energy Commission of Nigeria
vii. Waste Management Authority
viii. Department of Petroleum Resources
ix. Standard Organization of Nigeria
x. National Food and Drugs Administration Control Agency
xi. The 36 States Ministries of Environment
xii. The 36 State Ministries of Health
xiii. Local Government Authorities

Furthermore, Government has put in place policy measures and strategies to

preserve the nation’s environment. In pursuance of this policy objective on
environment. NESRA (Nigerian Environmental Standards and Regulatory Agency)
was created by the Federal Government of Nigeria to handle the issue of
environmental problems like land degradation, water and air pollution, release of
persistent organic pollutants and other toxic substances. Other governmental agencies
that have made their marks on environmental protection activities are:
i. Lekki Conservation Centre in Lagos State
ii. Cashaka Gumti National project in Adamawa state
iii. Hadejia Ngamu wetlands projects
Also we have non-governmental organizations that are involved in the fight
against environmental problems and some of which are:
i. The Nigcria Conservation Foundation (NCF)
ii. Niger Delta Wetland Centre (NDWC)
iii. Nigerian Environmental Watch (NEW)
iv. Nigerian Environmental Study and Action Team (NEST) and others.
Also there are a Jot of international environmental protection agencies. Some
of them are:
i. World Wildlife Fund
ii. Earth first
iii. Greenpeace
iv. Sierra club
v. Natural Resources Defense Council
vi. Rainforest Action Network

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 vii. Friends of Earth
viii. United States Environmental Protection Agency
ix. American Birth Conservancy
x. Earth Liberation Front Co-Op America among others.

15.7 Functions of Environmental Protection Agencies

Environmental protection agencies play great roles in ensuring regulations and
compliances to environmental protection laws and agencies. The main functions of
environmental protection agencies are:
i. Ensuring compliance with regulations
ii. Providing guidance to industries/businesses that could impact on the
environment
iii. Issuing permits
iv. Planning and carrying out scientific research
v. To regulate industrial processes with the greatest pollution potential to prevent
or minimize pollution to the environment as a whole.

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