Benue State University, Makurdi

The Structural Conundrum of Nigerian Federalism in The Context of Constitutional Prebendalism: A Jurisprudential Inquisition

John O. Ogouno

Abstract

The unabated agitation for a viable, and functional federal system of government, or what is referred to as true federalism in the Nigerian constitutional lexicon; after the return to civil rule in 1999 is indicative of the fact that the existing practice of federalism in Nigeria, is basically not working. Thereto, the protracted, and obvious collage of issues in Nigerian federal constitution; without gainsaying, has provided traction for the said continual agitation for a true federal system that will reflect the general yearnings and aspirations of the ethnic nationalities. Nigeria, is a federation purportedly operating a federal constitution, but in practice works as a unitary state; a metamorphosis of the centralizing tendencies occasioned by long years of military rule. However, there seems to be a conference of scholarly opinions especially in the southern part of the country, and of recent; in some states in middle belt region that the operation of federalism in Nigeria, does not conform to the fundamental principle of federalism. Conversely, aside medley of structural issues, Nigerian federalism is patrimonial, or better put, prebendal in nature, content and character, hence its conundrum. Put differently, Nigerian federalism is a text book definition of ‘feeding bottle federalism’, as evident in section 162 of the 1999 Constitution that does not contain any provision for saving for the rainy days. This article adopted a doctrinal research method to extrapolate the prebendal nature of Nigerian federalism. It is against this background that the research contends that without a holistic constitutional amendment via a referendum, and putting in place distributive, integrationist, accomodationist and above all; structural mechanisms, federalism in Nigeria, albeit nation building and national integration will remain a mirage.

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