TOWARDS A FEDERAL CONSTITUTIONAL FRAMEWORK: A CRITICAL ANALYSIS OF INTER-GOVERNMENTAL ALLOCATION OF CONSTITUTIONAL POWERS IN NIGERIA

ABSTRACT

Constitutional allocation of powers among levels of government is a problematic issue in many federal States. In Nigeria, where many ethnic groups are regionally concentrated, the problem of power allocation is often a huge source of conflict considering its real and perceived implications for ethnic survival and dignity. This article examines the history and nature of inter-governmental allocation of powers in successive pre- and post-independence Constitutions of Nigeria, with particular focus on the extant 1999 Constitution. The article argues that the centralised power distribution architecture entrenched in the 1999 Constitution is a colonial cum military legacy that is completely incompatible with the federal idea and unsuitable for a multi-ethnic State like Nigeria. The article proposes a counter-hegemonic federal constitutional framework for Nigeria that recognises the country’s diversity without undermining its unity.

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UNILAG Law Review, (2024) Volume 7 Edition 1.