The Nigerian Federation at the Crossroads: The Way Forward

This article reviews the first fifty years of federal experiencein Nigeria. It distinguishes three phases: an apprenticeshipto "true" federalism phase (1954–1965), a federal dominancephase under military rule (1966–1979 and 1984–1999),and a "muddling-through" phase under civilian rule (1979–1983and 1999 to date). The first phase was characterized by politicaldevolution and intergovernmental competition, during which regionalgovernments recorded tangible results. During the second phase,successive military regimes imposed centralism and federal dominancethat kept Nigeria united but arrested progress toward consolidatingfederal democracy. Civilian administrations under the thirdphase have sought to run the federation in a muddling-throughfashion, including serious political and social tensions, modesteconomic performance, and deepening poverty. Currently, therefore,the Nigerian federation is at a crossroads and has two options:devolution or death.     

Revenue allocation and the stability of the Nigerian Federation 1960-1980

Since 1960 a succession of different formulae have been used to allocate revenue under Nigeria's constitutions. This article reviews the formulae used and suggests ways in which they have contributed to the stability of the federation. The author then argues that in the 1980's the revenue allocation system should take more account of the need to reduce economic and social disparities in the different geographical areas of the country and so safeguard in the longer term the political stability of this federation.     

Restoring the Federation

The 1999 Sir Robert Garran Oration, delivered at the IPAA National Conference, Darwin 8–10 September 1999.     

The Evolution of the Nigerian Federal Administration System

This article reviews the major consequences for the evolutionof Nigeria's public administration of the process by which the"loose" model of federalism adopted in 1954 was transformedinto one in which the national government became dominant from1966 onwards. To illustrate how this development affected theemerging public administration system, two broad themes areexamined: (1) the structure, organization, and functioning ofthe federal and subnational units and (2) issues in intergovernmentalrelations, notably the allocation of jurisdictional powers,fiscal federalism, public personnel administration, and localgovernments. The conclusion points out some of the key issuesthat are likely to dominate the Nigerian federal system duringthe next decade.     

The Belgian Federation at a Crossroad

In the introduction, the editors present the special issue and, in particular, the issue at stake: the future of Belgian federalism. Despite the agreement on the sixth state reform, four key issues remain for Belgium's future: decision making, distribution of powers, intergovernmental relations and the role of the parties. Drawing on past and present investigations of this topic, they present the state of the federation and, in so doing, they set the stage for the remaining papers.     

The Shadow of Sharia Over Nigerian Federalism

The sentencing under Sharia law in Nigeria's northern stateof Katsina in 2002 of a 31-year-old woman, Amina Lawal, to bestoned to death for adultery highlighted the rising religiousconflict and violence that has occurred since the resumptionof civilian democratic governance in 1999. Although the practiceof Sharia in personal and civil matters had been accommodatedby the British and by Nigeria's various constitutions, whatwas new in 1999 was the extension of Sharia from civil to criminalmatters, thus producing such punishments as decapitation, amputation,and stoning to death, threatening the well-being of non-Muslims,endangering fundamental rights protected by Nigeria's federalConstitution, and posing significant challenges to elected officialsand federal courts. The extension of Sharia to criminal lawin 12 northern states also has increased intercommunal and intergovernmentalconflict, threatening the fabric of Nigerian federalism.     

Ethnic Management in the 1979 Nigerian Constitution

Nigeria, the most populous African nation, is also the mostheterogeneous. The desire to contain the many ethnic groupswithin the framework of one united country has necessitatedpolitical experiments of federalism and, even for a brief while,unitarism. A thirty-month war was fought to prevent secessionand then a constitutional compact was drawn up to secure theunity of the country. The constitution sought to guarantee ethnicequality and equal ethnic opportunities in governments, politicalparties, and nongovernment public establishments. All governmentand parastatal organizations had to reflect the plural compositionor the federal character of the nation. It was a very ingeniousdevice, but did not fully succeed in neutralizing divisive ethnicpassions.     

Incentivizing Fiscal Transfers in the Indian Federation

The sharp deterioration in the fiscal health of the states hasbeen a matter of concern for policymakers. The remedial measuresrecently taken include the institution of the Medium Term FiscalRestructuring Policy (MTFRP), stipulating performance requirementsfor borrowing from the World Bank and the Asian DevelopmentBank (ADB), and the Accelerated Power Development and ReformProgram (APDRP). This article evaluates these schemes. The importantconclusions are that (1) incentive-linked transfers are toosmall to make any difference to fiscal performances, (2) multipleschemes create segmented incentives, (3) there are serious problemsof design, and (4) the schemes do not address the basic causesof deterioration in the states 'fiscal performance.     

The Economics of Nigerian Federalism: Selected Issues in Economic Management

Nigeria's economic difficulties are due primarily to public-sectormismanagement exacerbated by the dynamics of federalism andstate creation and by the growth in centralized federal power.Monetary policy has been inadequate, fiscal policy has rewardedstate governments but not brought their spending policies inline with their own resources and with national economic objectives,and resources have been consistently misallocated, largely becauseof the principle of "federal character." Recent efforts to deregulateand privatize the economy show promise, but the success of economicdevelopment will depend greatly on the future civilian or militarygovernance of Nigeria.     

VAT Revenues in the Russian Federation: The Role of Tax Administration in Their Decline

Value added taxes (VATs) are important major revenue sources worldwide, yet keeping these taxes as easy to administer as possible is often overlooked. A poorly administered VAT raises less revenue than possible and can change the very nature of the tax, resulting in unintended economic distortions. This article analyzes the experience with the VAT in the Russian Federation and provides evidence that poor tax administration both contributed to the decline of VAT revenues beginning in 1993 and continues to hamper VAT revenue collection today. Administrative issues must not be ignored when implementing a consumption-based tax like the VAT.     

The legal subject in modern African law: A Nigerian report

In recent years, the judicial systems of African countries have been increasingly ineffective, as demonstrated in cases as varied as the genocide in Rwanda and the land seizures in Zimbabwe. It is not only in cases involving individual rights and the state that the legal system is barely existent. The situation is just as bad, if not worse, in the administration of criminal justice. Whether it is the police, the prisons, or the courts, under both military and democratic governments, we are confronted with evidence of the impotence of the judiciary. This article examines the relationship between the executive and judicial branches of government in Nigeria. It also makes recommendations to improve the responsiveness and effectiveness of African judiciaries in checking executive power.     

The Literature on Nigerian Federalism: A Critical Appraisal

There is a large body of literature on federalism in Nigeriacovering such major issues as the origins of Nigerian federalism,requisites of federalism, federalism versus other forms of association,the number of state units in the federal system, fiscal issues,political parties, distributional issues, and intergovernmentalrelations. However, a number of issues have received relativelylittle scholarly attention, including the economic aspects ofNigerian federalism, population movements and the federal arrangement,language policies, federal ethics, and various critical governmentaland nongovernmental institutions. There is a need to establishinstitutions for the study of federalism in Nigeria and to reduceethnic and ideological biases in research on Nigerian federalism.     

On the creation of indigenous subjects in the Russian Federation

For many of Russia's poorest people, and especially for the officially recognized ‘indigenous small-numbered peoples’, neoliberal reforms following the collapse of the Soviet Union represented a major retrenchment in ‘social citizenship’ as defined by T.H. Marshall. However, some reforms also promised increased civil, political and cultural citizenship rights, which Russia's indigenous peoples have sought to realize through new legislation and appeals to international agreements regarding the rights of indigenous peoples. But with Russia's current economic and political course geared towards maximizing revenues from the extraction and sale of natural resources, Russia's indigenous peoples have been frustrated in their efforts to realize these citizenship rights, particularly in their attempts to assert rights to land and resources through legal means. This paper draws on case studies from southern Siberia to discuss first how Russia's identity politics and an international focus on indigenous peoples have combined to create indigenous subjects in the Russian Federation, and second how the anticipated transition from indigenous subjects to indigenous citizens has for the most part failed to materialize.     

Brazil: The Prospects of a Center-Constraining Federation in a Fragmented Polity

Although there have been deep changes in the federation as aconsequence of redemocratization and decentralization, Brazilcontinues to exhibit profound imbalances among regions. Theseimbalances create contradictions and tensions in Brazilian federalism.The central problem addressed in this article is to identifythe main difficulties facing federalism, and to assess theirconsequences on the prospects of federalism should tensionscontinue unabated. Brazilian federalism has always been a meansof accommodating deep-rooted regional disparities. Althoughthere are political and fiscal mechanisms to offset some ofthe problems of regional disparities, such mechanisms have beeninsufficient to counteract a long history of uneven regionaldevelopment. Because of the country's inequalities, the capabilitiesof subnational governments to respond to Brazil's current demandsand agendas are highly uneven.