The Subsidiarity Principle and Federalism Fissures in Nigeria

Abstract

Nigeria has had a chequered history in the practise of federalism. Almost six
decades after it adopted thefederal system in 1954, the country has continued to
grapple with serious federalism fissures. A recurrent issue is the contention over
distribution of vertical powers between the national and sub-national governments.
A close perusal of Nigerias federal history shows that there has been a
marked increase in national power stcming with the period of military government
and culminating in the two Constitutions promulgated in the wake of their
departure in 1979 and later in 1999. Despite the intensity of the passion generated
by the isslle, very lillie is offered in the literature on an acceptable template
for distributing the country s vertical powers. Here, we propose the principle of
subsidiarity as an appropriate mechanism for determining which. between lhe
national/sub-national governments, should possess and exercise what power. We
nonetheless conclude thal unless the Supreme Court of Nigeria changes its altitude
to federalism principles and acknowledges their relevance in federalism
jurisprudence, the tide of increased national power may continue unabated.