By Ade'Tope Adeniji
There is a need for thorough foundational knowledge of what a state means, and how it can function without being reduced to a branch of the federal government in practice.
As a nation, we are confronted by weak regulations and counter-development strategies. These expose gaps and a vacuum in our understanding of governance and federalism.
True federalism cannot be upheld when a state is treated like a local government or a branch of the federal government.
The essence of the federal government is not to subdue states, but to exercise central control in areas that concern the federation. The superiority of central power does not mean state power must be rendered inferior.
A state is created with the capacity and sovereignty to decide on its own affairs without undue interference from the central government or other states.
No state is inferior to another in governance. No state should be intimidated for political reasons or personal disagreements with the leadership.
A state cannot, and must not, be made a local government or an extension of the federal government in any capacity.
The case of the Rivers State government still lingers as a wrong precedent caused by the mutilation of governance.
There must be proper understanding of the power of the central government over a state:
It is not to control the state’s decisions, but to ensure the state complies with the Constitution and does not act against the federation.
If a sovereign state can be treated like an institution that EFCC can easily attack and shut down, then such a state is nothing but a calibrated extension of the central government.
THE POSITION
EFCC has no right to freeze a state government’s account.
A state is instituted with Executive, Legislative, and Judiciary powers to manage its affairs within the concurrent list of the Constitution.
CHARACTERISTICS OF A STATE:
1. A state has sovereign power
2. A state has defined territory
3. A state has citizens
4. A state has its own constitution and laws
5. A state has constitutional rights and responsibilities
6. A state is a constituted entity
7. A state is permanent
8. A state has full quality and is not inferior to any other state
Given these, a state can act on its own without seeking permission or suffering external interference in its constitutional duties.
WHAT SHOULD BE DONE INSTEAD WHEN THERE ARE ALLEGATIONS:
1. Identify the specific account involved in fraud or mismanagement
2. Handle the matter on an individual basis
3. Constitute an ad-hoc committee to investigate the irregularities
4. Mandate the state Executive, House of Assembly, and Judiciary to act
5. Audit the specific account where fraud is alleged
6. Ask the state government to publish its financial statements for public scrutiny
7. Allow the Auditor-General to work with state auditors
8. Arrest and question individuals connected to the misappropriation
WHAT MUST NOT HAPPEN:
1. Violating the constitutional rights of the state
2. Preventing the state government from carrying out responsibilities on education, infrastructure, security, welfare, and salary payment
3. Denying citizens their right to a decent life
4. Disrupting the progress and activities of the state
5. Using EFCC to freeze an entire state account as the first option
6. Allowing the federal government to take control of the state treasury
We must be guided by the Constitution, not by personal feelings or political ratings, when addressing such issues.
Actions that create historical precedent must be carefully managed so we do not create a vacuum for future generations.
It is Osun State now, it might be any other States tomorrow. A cleared direction must be instituted to have a cleared pathway to the jurisdiction and authority of the federal government on the State government.
We must take positions that promote wellness, development, and a federation that works as constitutionally planned.
Ade'Tope Adeniji
Realist | Political & Public Analyst | Economist
N.D. Urban & Regional Planning | http://B.Sc Economics | http://M.Sc. Political Economy and Development Studies
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