Relationship Between Federal, State and Local Government – JSS2 Civic Education Lesson Note (Second Term)

The relationship between the federal, state and local governments is the way the three tiers share power, work together and depend on one another under the Nigerian Constitution.

Behavioural objectives

By the end of the lesson, students should be able to:

1. Name the three tiers of government in Nigeria and state who heads each.
2. Describe the main functions of each tier.
3. Explain how the three tiers relate to one another.
4. Define law and the rule of law.
5. List the principles of the rule of law as explained by A.V. Dicey.
6. Explain the benefits of the rule of law over arbitrary rule.

What are the three tiers of government in Nigeria?

Nigeria has three tiers of government: the federal government, the state government and the local government.

The federal government

The federal government is the central authority that represents the whole nation in external affairs and in internal matters of common interest.

• Head: the President.
• Law-making body: the National Assembly, made up of the Senate and the House of Representatives.
• Examples of functions: defence, foreign affairs, currency, immigration, customs and the national police.

The state government

The state government is the second tier of government, which runs the affairs of one state.

• Head: the Governor.
• Law-making body: the State House of Assembly.
• Offices overseen by the governor: the state council of chiefs, the state civil service commission and the local government service commission.
• Examples of functions: secondary education, state hospitals and state roads.

The local government

The local government is the third tier of government, which is closest to the people.

• Head: the Local Government Chairman.
• Law-making body: the local government council, which makes bye-laws for the local government area.
• Examples of functions: markets, motor parks, refuse disposal, street naming and registration of births and deaths.

Summary table of the three tiers

How do the federal, state and local governments relate to one another?

The three tiers relate through shared powers, shared revenue and co-operation, all guided by the Constitution.

• Constitution: it states the powers and duties of each tier, so no tier acts outside its limits.
• Division of powers: some matters belong to the federal government, some are shared, and others belong to the states and local governments.
• Supremacy of federal law: where a state law clashes with a federal law on the same matter, the federal law prevails.
• Sharing of revenue: money in the Federation Account is shared among the three tiers.
• Shared services: education and health are run by more than one tier, for example primary schools, secondary schools and universities.
• Co-operation: the tiers work together on matters such as security, immunisation and road maintenance.
• Rule of law: all three tiers must obey the law and respect the rights of citizens.

Why is co-operation among the three tiers important?

• Avoids conflict: each tier knows its duties, so there is less quarrelling over power.
• Brings development: shared effort provides schools, roads, hospitals and water.
• Saves resources: tiers do not repeat the same work.
• Promotes unity: the nation stays together while each area handles its own needs.

What is the rule of law?

The rule of law is the supremacy of law over all citizens in a country.

• Law: the set of rules and regulations by which a society is governed to maintain peace and order.
• Equality: every citizen is equal before the law.
• Rights: the rights of individuals are recognised and protected.
• A.V. Dicey: he propounded the doctrine that leaders should govern according to the provisions of the constitution.

What are the principles of the rule of law?

There are six principles of the rule of law, as explained in Nigerian Civic Education texts after Prof. A.V. Dicey.

1. Equality before the law: no citizen is above the law, whatever the person’s status.
2. Impartiality: a suspect is innocent until proven guilty in court, and should not be held for more than twenty-four hours without trial.
3. Supremacy of the law: the law is supreme over all, and nobody is above it.
4. Fair hearing: a person arrested for an offence must be tried through the formal court process before being sentenced.
5. Right of appeal: a person who is not satisfied with a lower court’s judgment may appeal to a higher court.
6. Fundamental human rights: the rights of the individual are written into the constitution, enforced and guaranteed.

What are the benefits of the rule of law over arbitrary rule?

Arbitrary rule is rule by the whims of a leader, while the rule of law is rule by agreed laws. The rule of law has these benefits:

1. It protects citizens against arbitrary rule: citizens can seek redress in court when they feel cheated or their rights are violated.
2. It guarantees fundamental human rights: every citizen enjoys the rights stated in the constitution.
3. It ensures press freedom: journalists may comment on government policies, within limits, and are not punished for pointing out failures.
4. It prevents unlawful detention: no person should be held beyond the time allowed before trial, and individuals can sue for unlawful arrest or detention.
5. It allows equality of all citizens: there is no sacred cow, because the law applies to all.
6. It gives room for appeal: an unsatisfactory judgment of a lower court can be taken to a higher court.

Evaluation

1. Name the three tiers of government in Nigeria.
2. Who is the head of the state government, and who is the head of the local government?
3. State two ways in which the federal, state and local governments relate to one another.
4. Define the rule of law.
5. State any four principles of the rule of law.

Assignment

1. Explain any three benefits of the rule of law over arbitrary rule, and describe the principle of fair hearing and the right of appeal.