Dear Prof, Since Alhaji Atiku Abubakar recently reopened the debate on federalism the media and our intellectuals have uncritically joined the debate without any conditionalities. Thus, we are asking that powers be decentralized in Abuja and vested in governors who are currently exercising absolute powers in the states. I found it particularly contradictory that you are asking that we should continue to conduct post jamb exams for all institutions of higher education in the country while making a case for true federalism. Where is the place of autonomy for each institutions of higher learning? More importantly, I was privileged to have partaken of a memorial lecture to mark the 23rd anniversary of June 12 organised by the Lagos state National Union of Journalists in Lagos on June 12, 2016. In response to the call by a faction of the ruling class for a return to true federalism I said inter alia: "We seem not to taken cognizance of the fact that restructuring is being carried out in the country to enrich a few people. Incidentally, it was VP Atiku Abubakar who presided over the restructuring of the nation's economy through privatization and liquidation of public assets. It is interesting to note that both Chief Obasanjo and Alhaji Abubakar had no disagreement whatsoever over the privatization of the commanding height of the economy. The policy led to the official looting of the commonwealth by imperialism and its local lackeys. All public enterprises and major assets including oil blocks were sold to the so called "core investors". A retired general once confessed that he didn't know what to do with the $2.5 billion realised by him from the sale of part of the oil block given to him. The political economy is the most important aspect of restructuring of any nation. Those who have cornered our commonwealth should not be allowed to talk of restructuring in vacuo. In other words, the campaign for restructuring should encompass the decentralization and democratization of political and economic powers which have been privatised by all factions of the ruling class. In particular, the struggle for federalism has to confront the control of the economy by imperialism and the comprador bourgeoisie. Even on the political front the governors have successfully used the law to fight for the devolution of some powers from Abuja. For instance, the Constitution recognizes a 3-tier system the governors have practically reduced them to 2. It is common knowledge that all the 36 governors, regardless of political affiliations, have reduced local governments to extension of state governments. Contrary to section 7 of the Constitution which prescribes that the system of local governments shall be by democratically elected councils, all chairmen and councillors of local governments are either appointed by governors or 'elected' through dubious elections conducted by state electoral bodies. Before then, the state governments had, through a judicial decision, blocked the statutory move to monitor local government funds by the federal government. The state governments have also defeated the federal government and won the legal battles to control physical planning, land use, collection of hotel and hospitality taxes etc without interference from Abuja. The development was once described by Prof Yemi Osinbajo (when he was the AG of Lagos state) as 'federalism through litigation.' Aside the legal victories the state governments have gone ahead to encroach on the exclusive legislative list without any serious challenge from the federal government. For instance, akwa ibom, delta and imo states are operating airports built by them. Many others are building theirs. Lagos state is constructing a rail line and has begun work on the 4th mainland bridge. Yet, airports, railways and waterways are federal matters! With dwindling revenue from the federation account the federal government is going to be forced to relinquish more powers to state governments. Already, due to lack of funding by the federal government the nigeria police force has become a state police as police commands are largely funded by state governments. For example, the federal government supplied the Lagos state police command with only 20 vehicles in the last 8 years whereas the state government donated 700 vehicles to the police command during the same period. Since he who pays the piper dictates the tune it has been established that the state commissioners of police are loyal to state governors. Because the federal police commands have been captured by state governments they are used to intimidate the political opponents of governors. Just a couple of weeks ago, the oyo state police command arrested the leaders of the Nigerian Union of Teachers for protesting the planned privatization of public schools by the state government. The arrest of the union leaders was instigated by the state governor. On account of such abuse of the powers of the federal police force by governors majority of Nigerians are opposed to the establishment of state police. Even the Inspector-general of police is compelled to swap and transfer commissioners of police from their areas of primary assignment to other states to prevent them from manipulating national elections in favour of governors. However, as far as state governments are concerned the only serious battle left to be waged is the control of 52 percent of the revenue of the federation by the federal government. Governors who go to Abuja at the end of every month to collect cheques from the sale of crude oil are not prepared to fight for fiscal federalism. By the way, do we need the fiat of Abuja to have regional or zonal economic integration in the face of the current economic crisis? What have the state governors done with the powers which have devolved to them from Abuja since 1999? They have been used to enrich governors, intimidate political opponents and oppress the people. Today, no candidate can contest election in any state without the endorsement of a governor. Unlike the President whose budgets are scrutinized by federal legislators budgets presented by state governors are passed by state legislators without debates. Similarly, the assembly members are afraid to screen the list of nominees sent to them for confirmation by state governors The legislators who are empowered to amend the Constitution are vehemently opposed to restructuring that will transfer powers from the centre to the people. In the ongoing move to alter the Constitution (through the 4th Amendment) the National Assembly members are proposing immunity for legislators, pension for life for the principal officers, financial autonomy for legislative houses to fix the emoluments of membets etc. That is the legislators' contribution to the debate on fiscal federalism. In the light of the foregoing, the campaign for true federalism is meaningless if it is not anchored on democratization, popular participation, accountability and transparency. Otherwise, powers are going to be transferred from Abuja to the emperors manning the state governments if the status quo remains. The debate should therefore be redirected to address the viability of the 36 states and 774 local governments structure, the expansion of the democratic space and popular control of political and economic powers by mass organizations in the country. Those who are genuinely interested in true federalism should support the efforts of the Buhari administration to recover the looted wealth of the nation. But other looters are likely to change tactics if the federal government continues to retain 52 percent of the revenue of the nation. Therefore, in fighting corruption the federal government should devolve political and economic powers to the state governments with clearly defined responsibities and adequate funding. As the federa Femi Falana. From: ayo_olukotun@yahoo.com To: Ayo Olukotun Ofeimun Subject: Fw: Fw: June 12 Quest Sent: Fri, Jun 17, 2016 7:21:47 PM
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Sunday, June 19, 2016
USA Africa Dialogue Series - Re: Fw: June 12 Quest
My brother Femi SAN. Thanks for your valuable intervention on this topical and vexed subject. Please note that my essay is indicative and did not deal with concrete proposals and options for restructuring what Professor Adamolekun in his compelling essay in Publius calls our bastardised federalism. The concerns about restructuring clearly predate as Professor Joseph makes clear Chief Atiku's recent possibly opportunistic demand for it . Indeed. Chief Anyaoku's trenchant call for a return to regionalism at the February Ibadan School of Government and Public Policy conference reverbrated well beyond the inaugural outing of the School. The scrapping of JAMB cannot as you well know occur outside a revision of the law that set it up or as I anticipated as part of the devolution consequent upon a restructured Nigeria. I believe that several of the ideas you canvass will benefit and benefit from the scholarly and policy dialogues suggested by Joseph. This should be undertaken while there is still time to intellect and parley in the hope that President Buhari can be brought around to see the need to draw on aspects of the 2014 Conference to reimagine and salvage this tottering nation. Cheers. Ayo
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Date: Sun, 19 Jun 2016 07:56:47 +0100
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Subject: Re: Fw: June 12 Quest