FEDERAL CHARACTER PRINCINPLE and IN THE NIGERIA PUBLIC SERVICE

INTRODUCTION

Nigeria adopted the federal character principle to counteract the nationality question that has been bedevilling the polity. After about three decades of the introduction of the principle, this paper seeks to determine whether the application of the federal character principle in solving national question possesses the potentials for achieving national integration which is the prerequisite for economic development.

The paper examines the application of the federal character principle in the Nigerian public service for sustainable development. It observes that the implementation of the federal character principle in Nigerian public service tends to encourage unethical behaviour amongst public officials and circumscribe merit in the area of manpower procurement and promotion. It therefore concludes that for the Nigerian public service to achieve its mandate of facilitating sustainable development there is need for the government to reappraise the implementation of the federal character principle through the enforcement of merit anchored on public service reform initiatives that can galvanize human capacity and governmental institutions for sustainable development.

Conceptual Clarification

Interestingly, federal character and national integration are related. The former is applied to achieve the latter. The application of federal character in revenue sharing, education, employment and location of industries and other development programmes will guarantee national integration, stability and development. Then what is federal character?

 Federal Character

 Federalism emerge either through coerced authority of a foreign power hence institutive federalism or through voluntary agreement of the constituent units hence constitutive federalism. Nigeria federalism conforms to the former type as the Nigerian federal constitution was imposed by the British colonial power. Meanwhile, the US federalism was an example of the latter type of federalism as constituting states wilfully joined the confederation and subsequently federation. Federal character suggest an attempt to build a nation where equal opportunities abound and where every individual must feel that he has equal chance to participate without bias of ethnic affiliations (Talih, 1987:2-3). Federal character is both a reaction as well as a system. It is a positive reaction to correct those practices of the past, especially in the conduct of public management which tended to exploit the diversities of the nation and by so doing cause ill will.  Also it is a reaction to those practices which tended to reflect selfish and parochial consideration, especially those negative forces which placed the self interests above national interest. The federal character principles involve a deliberate plan to construct means of ensuring the proper distribution of amenities and government projects in the country.

Afigbo (1987:21) identified some stages of evolution of federal character which is originally a colonial heritage. The stages include: The period of informal Federation 1900-1946; The period of formal federation, first phase, 1946-1966, and The period of formal Federation second phase: 1967- present. Afigbo noted that the principle arose out of a compromise among the protagonists of the 1976 CDC. It was seen as an oily formula to silence the troubled waters in Nigeria and the panacea to the issue of political economic instability which obstructs the balancing of the North and South on the one hand and the various ethnic groups mainly the three dominant ethnic groups (Igbo, Yoruba and the Hausa/Fulami) and also other minority ethnic groups on the other hand. 

Olagunju (1987:33) also defined Federal Character as a deliberate design to accommodate less dominant but often forcibly expressed interest… Essentially, it is a design which is aimed at depoliticizing new demand through an institutional arrangement hence this principle should be modified and gradually applied even to the private sector.

Definition of Public Service 

The term public service is broader and more inclusive.  The first definition is that public service refers to government parastatals, which are the operational arm of government ministries as well as the ministries, departments and agencies (MDA).  The Public Service on the other hand, in addition to the Civil Service, encompasses the Armed Forces, the Judiciary, the Police, Government Institutions, Parastatals; Government owned Companies and Statutory Agencies.

 The second definition refers to service(s) provided by government to its citizens, either directly or by financing private provision of the services.  

 Challenges of Federal Character Principle in Nigeria

                Lack of adequate representation by the federating states in Nigeria constitutes the greatest threat to national integration and economic development. Remarkably the choking socio-economic competition among the various ethnic groups in Nigeria manifest in ethno-regional conflict and tension that characterize Nigeria since 1960. Thus the relationship between these groups is characterized by fear and suspicion of domination of one state or ethnic group by another. This leads to national disintegration and consequent canonical underdevelopment.

                Meanwhile, this suspicion and fear between groups is historical. However, it became pronounced when Sir Fredrick Lord Lugard began the process of subjecting ethnic groups with a history of mutual distrust and hatred together as one Nigeria. Remarkably, these ethnic groups are not of equal population and hence some tend to dominate others thus exploit others. Today we talk about the Igbos , the Hausa/Fulani and the Yoruba as the major ethnic groups and the Urobo, Itshekiri, Ijaw, Igala,  Kanuri, Nupe,  Tiv  and more than 200 others are referred to as the  minority. These inherent competitions for control of the limited resources has the tendency to destabilize hence disintegrate the polity and stifle economic development. This explain, why Dudly (1973) argued that political stability is the inevitable consequence of the failure of constitutional and institutional rules to find firm roots in the society and in the wind of the political actors. This political instability is a consequence of the nature and character of the post colonial states. The Nigeria state could not perform the primary role of state, rather, it become part of the struggle which it ought to moderate. This tends to discourage national integration which is a prerequisite for economic development.

 

HISTORY OF FEDERAL CHARACTER PRINCIPLE SHARING STILL DATE

Federal Character Principle was the product of Gowon Administration when after the Civil War when it was believed that Igbos occupied major ministries. But that should not border any body because Igbos did not occupy every ministry before the war. Remark that Tafawa Balewa was in Power and Ahmadu Bello made sure that Hausa-Fulani held the Nigerian Military even without formal education. So, where is Federal Character Principle in the Nigerian Military? Hausa should not monopolize everything; Igbo should not monopolize every thing; Yoruba should not monopolize every thing; Efik, Ijaw, Tiv, Fulani, and others should not monopolize every thing; I think that is what Federal Character Principle stands for.

BUT AS IT IS NOW, SHOULD WE SAY THERE IS FEDERAL CHARACTER PRINCIPLE IN NIGERIA? NOW LOOK AT THIS DATA:
1) About 70% of Nigeria Foot-soldiers are from Hausa-Fulani. Is that Federal Character Principle?
2) About 80% of all Permanent Secretaries in Federal Ministries are from Hausa-Fulani. Is that Federal Character Principle?
3) About 80% of those given Oil Wells presently in the Oil from Niger Delta Region are from Hausa-Fulani. Is that Federal Character Principle?
4) About 60% of Generals in the Nigerian Military are from Hausa-Fulani. Is that Federal Character Principle?
5) About 60% of the Heads of Parastatals are from Hausa-Fulani. Is that Federal Character Principle?
6) About 70% of the Top Posts in P.D.P are from Hausa-Fulani. Is that Federal Character Principle?
7) About 60% of the Top Ranks in Nigerian Police Force are from Hausa-Fulani. Is that Federal Character Principle?
8) About 70% of Nigerian State Security Services (SSS) men are from Hausa-Fulani. Is that Federal Character Principle?
9) About 60% Top Posts in each of: Nigerian Prison Services, Nigeria Immigration and Nigerian Ports Authority are from Hausa-Fulani. Is that Federal Character Principle?
10) Visit JAMB Office and see. About 90% of the employees are from both Hausa –Fulani and Yoruba tribes. Is that Federal Character Principle?
11) Visit Federal Secretariat Abuja Central Area Complex and see for your self. More than 80% of all the employees are from both Hausa-Fulani and Yoruba tribes combined. Is that Federal Character Principle?
12) Visit Nigerian Universities Commission (NUC) and see for yourself. About 95% of the professors and workers are from Hausa-Fulani and Yoruba tribes combined. Is that Federal Character Principle?
13) Go and check all the Federal Universities, Federal Colleges of Education, Federal Polytechnics. About 90% of all the Registrars and Bursars are from both Hausa-Fulani and Yoruba tribes combined. Is that Federal Character Principle?
14) Go and check all those given appointments to serve on behalf of Nigeria in both African Union and United Nations. About 98% of them are from both Hausa-Fulani and Yoruba tribes combined. Is that Federal Character Principle?
15) About 70% of all the Ambassadors and High Commissioners are from Hausa-Fulani and Yoruba tribes combined. Is that Federal Character Principle?
16) About 95% of all the employees (staff) of Nigerian High Commissions and Ambassadorials abroad are from Hausa-Fulani and Yoruba tribes combined. Is that Federal Character Principle?

FEDERAL CHARACTER PRINCINPLE and IN THE NIGERIA PUBLIC SERVICE

The federal character principle which made its debut into the Nigerian political and public administrative landscape through the drafting and adoption of the 1979 constitution of the Federal Republic of Nigeria appeared to be a normative expression of the historical belief of Nigerians in equal access to and participation in the political and administrative affairs of the country in the area of policy formulation and implementation. To support the above view, Alubo (2003:54-66) points out that the lack of representation in policy making and implementation by some segments of the Nigerian society in the past has denied them the opportunities for education and economic advancement.

In order to drive the implementation of the federal character principle, the Federal Character Commission (FCC) was established by decree 34 of 1996, and the powers of the commission was summarized by Mustapha (2007) to include: working out formula for sharing posts and services; compliance monitoring; enforcement of compliance through legal actions; demanding and reviewing data on staffing; and institutional investigations. The FCC is a commission under the presidency; its members are appointed by the president, but subject to the ratification of the Nigerian Senate. To ensure equity in representation, the law establishing the commission states that the executive chairman and secretary are to be appointed in such a way that if the chairman comes from the North, the secretary must be chosen from the South and vice versa. However, Nzeshi (2012:98) argues that “since its establishment, the Federal Character Commission has been headed mostly by Northerners.”

To properly implement the federal character principle, a bill is currently before the Nigerian National Assembly for amendment to enable FCC “to effectively enforce the principles of equity and fairness … also enable public officers to comply with rules and regulations issued by the commission” (Nzeshi, 2012:97). The implication of the request to amend the FCC act shows that the principle and the structure put in place to enforce its implementation is not totally effective as envisaged by the government, and this is amply corroborated by Nzeshi (2012:97) submission that “the inefficiency of the FCC to effectively enforce its mandate as a government watchdog in identifying and addressing inequality is increasingly worrisome. In emphasizing the shortcomings of the application of the FC principle in Nigeria Gboyega (1989:178) points out that “...the issues of making public institutions reflect the federal character was taken up haphazardly giving rise to arbitrariness and victimization of some unfortunate public servants.” In the same vein, Ekeh (1989:34) contends that “its most radical and damaging application has been in the bureaucracies and public services of the federation…permanent secretaries have been kicked around, removed and sometimes dismissed.” He argues further that the application of the FC principle “has invaded the integrity and standards of public bureaucracy and…other governmental bodies that normally require safeguards from the ravages of politics.” Furthermore, the negative effects of federal character on the public sector performance in Nigeria can be gleaned from the work of Forrest (1993:76), where he argues that the implementation of the principle of federal character in the public service “not only led to poor appointments but also enhanced mediocrity rather than merit.” To promote administrative effectiveness for performance in the Nigerian public service, Utomi (2002:48) argues that “we need to engage on the issues of competence, commitment, corruption and conflict of interest and career certainty. From there come both threats to the effectiveness of the civil service and opportunities for the service to be the anchor of a Nigerian renaissance.”

The contributions of a foremost scholar and practitioner in Nigerian public administration, Adamolekun (2008:17) to this discourse were more probing thus: “Has the federal character (FC) principle promoted or retarded national loyalty and stability? Or has the area or ethnic region of a person become the key factor in determining his quality as an individual?” He argues further that “only a critical assessment of ...years of implementing the FC principle...would help determine the desirable way forward.” It is quite relieving that he answered the above questions in a related discussion thus:

The “federal character” principle that was introduced as Nigeria’s path to achieving “representative bureaucracy” was morphed into the bad practice of politicization. Capacity development programmes for public servants that were a major concern during the immediate pre and post-independence years was progressively neglected notwithstanding the strong case made for it in the Udoji report 1974 (Adamolekun, 2007:17).

It is very clear from the above submission why administrative effectiveness in the Nigerian public service for sustainable development may continue to be a mirage. Contributing to the debate on public sector ineffectiveness, Suleiman (2009:33) contends that “poor capacity of the majority of civil servants, sometimes to the point of illiteracy” arising from the application of the FC is one of the reasons for poor performance of the Nigerian public service. The views of Suleiman (2009) and Adamolekun (2009) goes to support the argument that the neglect of capacity development programmes for public servants and the implementation of the FC offer a credible explanation on the ineffectiveness of the Nigerian public bureaucracy for sustainable development in Nigeria.

Also, Tonwe and Oghator (2009:237) submit that “federal character allows ethno-regional patrons and their clients to exploit and mismanage state resources without contributing to any meaningful development.”

Supporting the importance of merit as strategy for manpower procurement in the nation’s quest for administrative effectiveness and enhanced performance for sustainable development, Soludo (2012:7) argues that the emergence of a merit driven culture is, therefore, a key outcome of Vision 20:20:20 and an area of immediate policy focus. To this end, a comprehensive review of ethnic balancing measures and diversity management related laws such as the implementation of the federal character principle will be undertaken with a view to ensuring greater promotion of merit for sustainable development in Nigeria. According to The Transformation Agenda (2011-2015:10), Nigeria’s inability to attain sustainable development in the past has been attributed to the nation’s inability to tackle development challenges such as poverty, unemployment, corruption and security hinged on bad governance and ineffective institutions/agencies of government. The poor implementation of the principle of federal character in the Nigerian public service is therefore capable of bringing into the service incompetent workforce that lacks the ability to implement the policies of government for sustainable development. Gberevbie (2010:116-117) however argues that:

Predicating employee recruitment on federal character does not mean that such an employee cannot contribute meaningfully towards the enhancement of the goals of the organization. This is particularly so where appropriate recruitment strategies involving the screening of potential employees based on relevant skills, experience and educational qualifications are adopted. What is important therefore is the ability of the individual employed and his/her willingness to work for the organization. In addition, through proper staff training and development by organizations of their workforce, organizational productivity is enhanced even where incompetent employees would have been employed through inappropriate recruitment strategies.

In the same vein, Olaopa (2012:56) commends the federal character principle as one of the “effective nation-building strategies invented for managing the combustive diversity in Nigeria.” He however argues that “this principle has badly eroded professional and competency capacity of the public service.”

In this regard, the application of the FC principle has failed to offer credible solutions to administrative ineffectiveness in the Nigerian public service and has actually become a drag on sustainable development. The implication of the foregoing is that unethical behaviour among public officials and low productivity in the Nigerian public service can be explained by the appointment of incompetent personnel through the application the FC principle that makes it possible for people from the different segments of the Nigerian society to be represented in government without due consideration for merit and quality training to enhance productivity.

 

 

OTHERS INCLUDE

Furthering the Public Good

A primary reason lawyers and others undertake public interest or pro bono work is to further the public good. Helping underserved people, groups and causes can provide a feeling of personal satisfaction and achievement that you might not gain defending large corporations in private practice. Public interest work can allow you to achieve greater goals beyond earning a paycheck such as working to effect societal change, supporting an important public cause or providing equal access to justice to needy individuals and organizations.

Public interest and pro bono work also provide the opportunity to become involved in your local community by performing public service activities of a legal and non-legal nature. For students, it is sometimes easier to find internships with public interest employers than with law firms and for-profit organizations.

Valuable Work Experience

Law students and new lawyers, paralegals and other legal professionals can gain valuable work experience in the public interest sector. Such experience is important in a time when jobs are scarce; many employers do not have the time or resources to train new attorneys and legal personnel. Since small firms want to hire candidates who can hit the ground running and large firms often funnel substantive legal work to experienced associates, working in the public interest sector can help you gain the work experience you need. Public interest work is a great stepping stone to private practice and employers appreciate a commitment to public service.

Better Work-Life Balance

Public interest jobs typically offer a better work-life balance than law firm jobs. 9-to-5 work weeks, flexible schedules and part-time opportunities are common in the public interest sector. Unlike private practice, individuals employed in non-profits, the government and legal service organizations are not under pressure to meet high billable hour quotas, gain face-time with partners or spend free time on client development activities. The culture is more relaxed because the focus is on service rather than profit.

Mentoring and Networking Opportunities

If you are a student or new graduate, public interest work can also help you gain mentors, networking contacts and job references. While law firms and corporations are often focused on the bottom line, public interest venues are less focused on profit. Therefore, they may offer more time to develop mentoring relationships and contacts.

Recognition and Honors

Lawyers have an ethical obligation to provide public service and give back to the community. This duty also extends to some other legal professionals such as paralegals. Many law firms and legal organizations recognize and honor lawyers and legal professionals who have demonstrated leadership in their community by engaging in public service and pro bono activities. Hiring managers also appreciate a commitment to pro bono and public service work. Therefore, this type of work experience can be a great resume-booster.

 

CONCLUSION

The paper examines the challenge and prospects of the federal character (FC) principle and administrative effectiveness for sustainable development in Nigeria. It observed that the FC principle as practiced in Nigeria diverts emphasis from merit (based on hard work and achievement) to sharing privileges and benefits accruable from representative bureaucracy, it thus limits effectiveness in public bureaucracy and ultimately national development. The application of FC principle runs counter some features of the Weberian bureaucratic model of rationality in the procurement and promotion of employees as cardinal planks upon which formal organizations should be built. This state of affairs impinges on administrative effectiveness and the expected role of public bureaucracies in policy implementation for sustainable development.

The paper observes that the practice of the FC principle in Nigeria suffers from a major contradiction, because it brings about division amongst Nigerians rather than foster unity as was originally intended by its proponents as a policy option for managing the challenge of equal representation of people from different segments of the society in a multi-ethnic state like Nigeria. It submitted that where appropriate recruitment strategies involving the screening of potential employees based on relevant skills, experience and educational qualifications are adopted and the proper staff training and development of the workforce, organizational productivity could be enhanced even where incompetent employees would have been employed through (in some instances), the poor application of federal character principle in the Nigerian public service.

To overcome the shortcomings of the FC principle application for sustainable development, there is the need to tinker with the current practice of federalism in Nigeria, with an eye on restructuring for progress. Merit should constitute a weighty consideration, even in seeking to achieve geo-political balancing on recruitment and promotion in the Nigerian public sector. Also, the reform initiatives of the Federal Government should emphasize human capacity and institutional development and governance devoid of sentiments and unethical behaviour in government business. In addition, Efforts at building national consciousness through the generation of complete sense of loyalty to the nation-state should be pursued by the Federal Government.

 

References

 

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