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Federal character
is one of those peculiarly Nigerian phrases. The principal formed part
of the Fundamental Objectives and Directive Principles of State Policy
in the 1979 Constitution of Nigeria’s second republic. In 1996 it was
institutionalised with the setting up by the Sani Abacha government, of
a Federal Character Commission.

The principle is
now enshrined in the current 2009 Constitution, a section of which
prescribes the setting up of the Federal Character Commission that will
have the powers to:

“(a) work out an
equitable formula subject to the approval of the National Assembly for
the distribution of all cadres of posts in the public service of the
Federation and of the States, the armed forces of the Federation, the
Nigeria Police Force and other government security agencies, government
owned companies and parastatals of the states;

(b) promote,
monitor and enforce compliance with the principles of proportional
sharing of all bureaucratic, economic, media and political posts at all
levels of government;

(c) take such legal
measures, including the prosecution of the head or staff of any
ministry or government body or agency which fails to comply with any
federal character principle or formula prescribed or adopted by the
Commission; and

(d) carry out such other functions as may be conferred upon it by an Act of the National Assembly.”

This federal
character principle also shows up in another part of the Constitution:
Section 147 compels the president to, “appoint at least one minister
from each state, who shall be an indigene of such state.”

It can actually be
argued that the decision of the ruling People’s Democratic Party to
zone the presidency is an extension of federal character.

There have always
been those staunchly against the idea of quota systems for
appointments, arguing that its geographical considerations encumber
merit, and allows mediocrity to thrive. It is quite easy to argue that
there is a link between federal character and the dismal levels of
efficiency in the civil service.

One problem that
the principle immediately throws up is that of defining indigene-ship.
In a country where many people have made homes for themselves outside
the states to which their parents traced their roots, what
justification is there in insisting on legislating indigene-ship
according to where one’s father hails from? We recall that when the
list of ministers was released earlier this month, newspapers were full
of reports of groups protesting that certain appointees were not
indigenes of the states listed against their names.

This kind of
thinking, of course, makes little sense. As much as it is important to
carry every section of the country along, the most important questions
we should be asking regarding persons who will be holding public office
should be about their managerial abilities and competence, as judged by
past and present record.

This is why it is
heartwarming to hear that the Nigeria Police Force will be jettisoning
certain aspects of the federal character principle. Parry Osayande,
Chairman of the Police Service Commission (a retired Deputy Inspector
General of Police) announced last week in Abeokuta that the Police will
no longer base promotions on the principle of federal character.
According to our news report: “In order to ensure that everybody merits
the elevation, Mr. Osayande said short listed candidates for a
particular rank will be made to write tests on modern day policing,
adding that only those who pass such tests will be allowed to get to
the next round… In the new arrangement, he said, the system will not
only reward diligence and dedication to work, it will also sanction any
form of inconsistency with the dictates of the new efforts.”

For a Police Force
that is often in the news for less than salutary reasons, this is a
commendable decision. It reinforces the arguments that the flaws of the
federal character principle outweigh its benefits. From Mr. Osayande’s
statement it is clear that what we have today is a Police Force in
which people are promoted not because they are in themselves deserving
but because they come from a part of the country that is deemed to be
due for its quota of members in office.

We can only imagine
the havoc that this system has wreaked on morale within the Police
Force. It is the same system of ‘ethnic entitlement’ that pervades our
political space, when persons are prohibited from contesting for
elective office on the basis of their family origins.

This is not the way
to think in the 21st century. It is not a path that should be followed
by any country that aspires to a position of global leadership in the
world. Originally conceived of as an instrument for redressing
historical imbalances it can become counterproductive and simply serve
as an instrument for sharing positions and enthroning mediocrity,
especially when the other key components of that policy, improving
access to education and opportunity are not vigorously pursued. Federal
character was only intended as part of the means to an end and not the
end itself.

We call on other government bodies to emulate the Nigeria Police
Force. We also urge the National Assembly to take advantage of the
ongoing Constitution review to revisit the federal character clause
reexamine its usefulness and manner of implementation thus far. Whether
for the civil service, or for elective office, we consider the
principle of zoning anachronistic, and most undeserving of retention in
the Nigerian Constitution.