relationship among federal, state and local government by eguriase s. m. okaka
RELATIONSHIP AMONG FEDERAL, STATES AND LOCAL GOVERNMENTS
BY EGURIASE S. M. OKAKA
A government is a system of government where the power to govern is divided between the national or central government and its component units.
Nigeria, as a federation, operates a three-tier system of government. These are the federal government, state government and the local government. The federal government is the apex government, which is called the central government. The local government is the lowest level of government otherwise known as the grassroots government. The state government is the intermediate government which stands between the federal and the local government.
Nigeria was formerly a single country before she became a federation in 1954. This means that the component states of the federation were created out of a single country.

In a federal state, all the government, both federal and regional governments, are being coordinated together, yet they are independent of one another. They relate with each other to bring about harmony and progress in the federation. If any tier of government functions in isolation and without regard for the whole, the federation will have difficulties. Thus, three levels of government are required to relate with one another for a properly functioning federation.
Significantly, the constitution affirms that Nigeria is one indivisible and indissoluble sovereign state whose constituent units are bound together by a federal arrangement. Therefore, relationships among the levels of government are defined in the constitution. The 1999 Nigerian Constitution assigns specific functions to each tier of government. Even when an issue falls under any two levels of government, the constitution further makes it clear as to how they should relate in handling such matters. Hence, we have three different lists of subjects and three different powers that deal with them as follows:
Exclusive list: Only the federal government has power to legislate or make laws on them. Examples are defense, immigration, national currency and external affairs.
Concurrent list: Both the federal and state governments have power to legislate on issues that fall under this list. But if the legislation of the federal government clashes with that of the state government on a matter contained in the concurrent list, the legislation of the state is declared null, and void, and of no effect. Thus, the federal government prevails on such matters. The concurrent list contains issues like education, agriculture, health, etc.
Residual list: Here, only the local government has power to legislate on such matters.
Differences among the Three Tiers of Government
Moreover, the constitution carefully assigned functions to the different tiers of government to avert conflict of interest and the danger this may cause. Hence, as said earlier, we have three legislative lists:
• Exclusive Legislative list: The federal government is the only level of government empowered by the constitution to make laws on subjects or items contained in the exclusive legislative list. The Second Schedule Part 1 of the 1999 constitution contains sixty-eight (68) of such items. Some of are:
i) Arms, ammunition and explosives
ii) Awards of national titles of honor, decorations and other awards
iii) Census, including the establishment and maintenance of machinery for continuous and universal registration of birth and death
iv) Creation of states
v) Currency, coinage and legal tender
vi) Customs and excise duties
vii) Defense
viii) Deportation of persons who are not citizens of Nigeria
ix) External affairs
x) Extradition
xi) Immigration into and emigration from Nigeria
xii) Maritime, shipping and navigation
xiii) Military (army, navy and air force) including any other branch of the armed forces of the federation
xiv) Nuclear energy
xv) Passport and visas
xvi) Police and other government security services established by law
xvii) Post, telegram and telephones.
xviii) Prisons
xix) Public holidays
xx) Railways, etc.
• Concurrent Legislative list: Both the federal and the state governments are empowered to make laws on subjects or items contained in the concurrent legislative list. The Second Schedule, Part 2 of the 1999 Constitution, makes it clear that where a state law on any of the items clashes with a federal law, the federal prevails over the state law. In order word in legislating on a matter in a concurrent list, every state government should ensure that such a legislation does not clash or conflict with a federal legislation on the same matter. If it does, the state law is constitutionally declared null and void.
Some of the items in the concurrent list include:
i) Archives
ii) Electoral law
iii) Electric power
iv) Industrial, commercial or agriculture development
v) Scientific and technological research
vi) University, technology and post-primary education etc.
• Residual Legislative list: The Fourth Schedule, Section 7 of the 1999 Constitution, spells out the functions of a local government council. Such provision makes it unconstitutional for a state or federal government to perform any of the functions listed under the schedule. Such functions include:
i) Collection of levies, fees and fines
ii) Establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm.
iii) Licensing of bicycles, trucks (and other mechanically propelled trucks), canoes, wheelbarrows and carts.
iv) Establishment, maintenance and regulation of slaughter houses, abattoirs, market, motor parks and public conveniences.
v) Construction and maintenance of roads, street lighting, drains, public highways, parks, gardens and open spaces or other public facilities.
vi) Naming of roads and streets and numbering of houses.
vii) Provision and maintenance of public conveniences, sewage and disposal, etc.
Questions
• Which is the apex level of government in Nigeria?
• Mention any three items in the exclusive legislative list.
• What do you understand by the term, concurrent legislative list?
• Mention the government in charge of items in the residual legislative list and give five examples of items on this list.
• Debate the differences among the three levels of government in Nigeria.
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