Introduction
I considered it a great honour and privilege to be invited to
deliver a paper on the theme “Federal Character principles;
its Implementations, Implications and Challenges in Tertiary
Institutions.
Delighted because this is an opportunity for the Federal
Character Commission as a Constitutional body to impress
on those responsible for future recruitment into the Federal
College of Education to have first-hand information on the
need to be guided by Constitutional provisions on filling
vacancies in the Federal College of Education. The idea I
believe is for the appointees to be well grounded so as not
run fowl of the Law. This presentation will further enhance
the prospects of constructive deliberations with Federal
College of Education and the Education sector which will
further broaden public understanding of application of the
Federal Character Principle.
HISTORICAL BACKGROUND
To understand the concept of Federal Character permit me to
dwell a little on the evolution of the Federation which with all
intent and purpose was not only to accommodate the land
mass, but was to foster harmonious conditions for cohabitation
of all Nigerians.
Before independence various Constitutional provisions were
geared or aimed at unifying the Country as one entity. These
Constitutional provisions of legislative and Executive were
designed to create avenues for equal representation.
When Independence was granted in 1960 there was
apprehension and fear of domination or sidelining within the
evolving central machinery of governance by one section or the
other, or one group or a combination of groups against others
were palpable in the air yet the commitment to the concept of
unified Nigeria was strong.
The emerging class of political leaders were strong in their
resolve to design principles on which to organise the Nigerian
State even as they embarked on the formation of political
parties to promote their several and conflicting ethnic and
Sectional Interest.
However, and quite interesting was that even under such
circumstances, it is worthy of note that our leaders were
unanimous in embracing the ideology of Federalism and
they strenuously worked to resolve the nascent
contradictions generated not only by the competition for
dominance but also by the search for structural balance
in the Nigerian Federation.
Since independence, as pointed out earlier, our resolve to
forge a united, indivisible, indissoluble nation has
provided for relative compromises among competing
claims as well as a delicate balance between the demands
put forward by the various groups. This approach in our
plural society is best captured in the description, by our
founding fathers, of that Federal process as ‘unity in
diversity’. Through the expression of this principle of
unity in diversity, we have been able to expand the access
of our various groups to the centre of engagement in the
The Federal Character Commission and indeed all
other similar establishments face the challenge of
building a much stronger and much more just political
communities in which interests cross-cut, identities
gradually overlap, and inter-group recognitions are
based on the Principle of fair and equal access.
Opportunities are provided at different levels for
component units to affect compromises while
protecting their identities and pursue their legitimate
goals while traversing the same tracks with others.
The key to the success of our nation-building is
therefore the extent to which we are prepared to
accommodate others and the extent to which we
develop a spirit of give and take.
I must say however that the issues that created the
imperatives for the establishment of the Federal Character
were not peculiar to Nigeria alone. Most multi – cultural,
multi –ethnic, multi – religious and sometimes multi – racial
Nations of the World had always been confronted with the
delicate need to accommodate imbalances in all sections – for
these in balances have the tendency of bringing about
suspicion and conflict of alienation among various ethnic
nationalities.
It should be further noted that under these situations which
inevitably breed instability and discord amongst the different
groups, it become patently difficult for a Nation to be
effectively administered for the benefit of all the people.
Therefore the need for remedial measures gave birth to the
Federal Character Commission.
ESTABLISHMENT OF THE FEDERAL CHARACTER COMMISSION
The Federal Character Commission is one of the fourteen (14) Independent
Federal Executive Bodies established by Section 153 (1) of the 1999
Constitution. The Commission was established to give effect to section 14(3)
and (4) of the Constitution which provides as follows:
14(3) “The Composition of the Government of the Federation or any of its
Agencies and the conduct of its affairs shall be carried out in such a
manner as to reflect the Federal Character of Nigeria and the need to
promote national unity and also command loyalty, thereby ensuring that
there shall be no predominance of persons from a few states or from a few
ethnic or other sectional group in that Government or in any of its
agencies.”
14(4) “The composition of the government of a state, a Local Government
Council, or any of the agencies of such Government or council, and the
conduct of the affairs of the Government or council or such agencies shall
be carried out in such manner as to recognize the diversity of the people
within its area of authority and the need to promote sense of belonging
and the loyalty among all the peoples of the federation.”
The embodiment of this provision, Ladies and gentlemen is to
promote the unity of the country. This is encapsulated through
the functions the Commission is to perform which include.
The functions of the Commission amongst others are:
i. To work out an equitable formula for the distribution of all
cadres of posts in the civil and public services of the Federation
and of the states, the Armed Forces, the Nigerian Police Force and
other security agencies, corporate bodies owned by the Federal
or a State Government and Extra – Ministerial Departments
parastatals of the Federation and States;
ii. To promote, monitor and enforce compliance with the Principles
of proportional sharing of all bureaucratic, economic, media and
political posts at all level of government;
iii To work out an equitable formula for the distribution of socioeconomic services, amenities and infrastructural facilities;
modalities and scheme for redressing the problems of imbalances
and reducing the fear of relative deprivation and marginalization
in the Nigerian system of Federalism.
iv. To take such legal measures including the prosecution of the
Heads or Staff of any Ministry, Extra – Ministerial Department or
Agency which fails to comply with any Federal Character
Principle of formula prescribed or adopted by the Commission.
The purpose of this paper therefore is to enlighten you
more on the guidelines of the Commission especially as
it relates to recruitment exercise. It is also a platform
where issues and problems of implementation of
Federal Character Principle and Guidelines could be
discussed with a view to ensuring that the
heterogeneous nature of the nation is reflected in the
composition of the staff of all public
Institutions/MDAs funded by Government,
particularly the Federal Colleges of Education.
THE STRUCTURE AND ORGANS OF THE COMMISSION
The Federal Character Commission has Executive Chairman who
is the Chief Executive and (37) Commissioners representing each
State of Federation and FCT. The Commission operates Committee
system in dealing with MDAs. All MDAs are grouped into 24 and
each group is under the purview of a Committee chaired by a
Commissioner selected from one of the six (6) geo-political
zones. For example we have Committee on Federal Colleges of
Education chaired by a Commissioner from the North-East with
members from other zones.
The Committee invite Chief Executives of MDAs to an interactive
meeting during which they discuss issues relating to application
of Federal Character Principles and guide them as appropriate.
The Committee supervise, monitor, and enforce the process and
procedure for employment in the respective MDAs. Under its
purview the Committee Members attend interviews as monitors.
The structure and various organs of the Commission enable it to
enforce the Federal Character Principles. The Commission is
therefore, able to effectively monitor and enforce its principles
and guidelines in the employment process. No MDA will employ
without receiving a “Certificate of Compliance” from the
Commission. Any employment done without certificate of
compliance renders such exercise illegal and invalid.
THE POWERS AND RESPONSIBILITIES OF THE
COMMISSION
In effect, the powers of the Commission as an
Institution can be further summarized as follows, to:
a Promote, monitor and enforce compliance with the
principle of proportional sharing of all bureaucratic,
economic, media and political posts at all levels of
government;
b.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 formulae prescribed or adopted
by the Commission.
c.Formulate and provide guidelines for Government
Agencies and other employers and providers of
services and socio – economic amenities;
d.
Monitor compliance with the Guidelines and
formulae at the Federal, State, Local government and
Zonal levels in the employment and provision of socioeconomic ;
e.Enforce compliance with its guidelines and formulae in
the areas of the provision of employment
opportunities, distribution of infrastructural facilities,
socio-economic amenities and other indices;
f. Demand and receive returns on employment and
socio-economic indices from any enterprise or body
corporate and penalize any enterprise which does not
comply with a request from the Commission;
g.Institute investigation into any matter relating to any
institution or organization which is subject to the
provisions of this Enabling Act.
IMPLEMENTATTION, STRATEGIES
The Commission worked out and adopted a set of guidelines and
formulae for the distribution of posts in the Federal Public Service. It is
important to note that the thrust of these guidelines is that the
Commission is not to be used as a lever to elevate incompetent
personnel or be associate with the lowering of standards by any
Ministry, Department or Agency.The guiding principles state that:
“The indigenes of any State shall not constitute less than 2.5% or not
more than 3% of the total workforce in an MDA including junior staff at
the Head Office”.
At the Federal level, the unit of representation is the local government
while the unit of representation at the local government level is the
wards.
Where there are only two posts, one will go to the North and the other
to the South. Where there are six positions, one will be allocated to each
of the six geo-political zones of the country. Where a state cannot find a
candidate to fill a position, it will officially be noted and a candidate
from another state in the same zone will take the position. The
distribution at the zonal level states that indigenes of zone should
constitute a minimum of 15% and a maximum of 18.0% depending on
the number of states within each zone.
It is important to highlight that the individual establishment is
responsible for the selection process to determine the eligibility of the
candidates.
FEDERAL CHARACTER PRINCIPLES: ITS
IMPLEMENTATION, IMPLECATIONS AND
CHALLENGES IN TERTIARY INSTITUTIONS
The implementation of the principle of Federal
Character had generally been a herculean one.
In general terms, MDAs must come to terms to the
effect of Constitutional provision. The Commission
view the Implementation of the principle in
Federal College of Education as one of the fairest
because of the level of understanding and the need
to attract the best in its teaching staff.
Opportunities are offered by Tertiary Institutions
to Nigerians that have the requisite qualifications
and to an extend its meets the yearnings of the
Federal Character Principle.
In the past we have cause to intervene between local
communities and Management of these Institutions.
There are cases of communities claiming ownership of
Federal Institutions because it is located in their area.
The Commission have commenced intervening in such
disputes to make it known that Federal Institutions are
for Nigerians, and in as much as some Nigerians are
working in their locality, there are also some of their
indigenes working elsewhere.
In recent time, some of the tertiary Institutions were
inherited/acquired by the Federal Government from
States Government.
Under this arrangement majority of the initial workforce
including Management staff are dominated by indigenes of
the State the Institution is located. There must be a
deliberate and concerted attempt to redress the imbalance
overtime, as the Commission does not apply punitive
measure.
It is believed that with time and commitment there shall be
improvement in redressing the imbalance as retirements,
death and other factors set in.
The overbearing influence of Board Chairmen and
Members on recruitment exercise temper with principle of
proportion sharing. Council Members must be above board
to ensure Federal Character Compliance. This engagement is
now a barometer to draw attention to this anomaly. We
believe no matter where board Members come from there
are avenues in ensuring the principle of equity, fairness, and
justice is upheld.
Management structures have become a challenge. The
Commission is worried that some Colleges of Education
throw caution and every decency to the wind by
having all Management staff from the same state –
sometime brazingly from the same local government
areas council Members are to ensure that such anomaly
does not occur as having Provost, Bursar, Registrar,
Librarian, Director of Works from same area is
tantamount to turning public Institutions to personal.
The implication of Federal Character Principles in
Tertiary Institutions lies in the fact that the application
of Federal Character Principles does not comprise
merit. Each State and the FCT is supposed to fill its
slots(s) in line with the requirements set by the
recruiting MDA.
Therefore the implications of application of Federal
Character Principles in Tertiary Institutions are among
other things that the Chief Executives of the
Institutions should ensure that:
A.
Admission facilities are equitably shared among
the Federating Units not only in terms of number of
spaces but also in terms of courses (Programmes).
B.
Provision of not only quantitative but also
qualitative education to enable each State to get
qualified indigenes to fill any vacancies that might be
allocated to the State/Zone.
C.
To ensure equitable distribution of staff among the
Federating Units especially at Management level.
FEDERAL CHARACTER AND MERIT
One thorny issue that have become a recurring decimal
is the erroneous assertions of the position of merit
under the Principle of Federal Character.
Antagonists of the Federal Character Principles suspect
or believe that its application undermines merit and
also of the view that it “robs Peter to pay Paul”. This is
not true because strict adherence to laid down
guidelines will ensure that merit is not compromised.
Instead the principle seeks to moderate the excess of
the greedy to redress the shortage of the needy in the
interest of national unity, security and stability.
Implementing the principle of Federal character, the
measures put in place to avoid compromising merit
include:
a. The set objectives of the organization are to be clearly
stated and defined by the recruiting agency for the
understanding of all;
b. Every employer of labour in the Public Service is expected
to prescribe adequate job description for every position to
be filled;
c. Minimum standards regarding basic educational
qualifications and cognate experience required for each
position are to be set;
d.Vacancies are to be advertised in at least two (2) newspapers
circulating widely giving prospective applicants a period of
six weeks within which to respond. This is aimed at
attracting the best candidates from the nooks and crannies
of the country;
e. Only candidates who have met the prescribed minimum
standards are to be short-listed for any selection process
adopted by the recruiting Agency or Institution;
f. Under no circumstance should an unqualified candidate be
short-listed for interview purportedly on the basis of
Federal Character consideration;
g.A minimum pass mark (bench mark) is to be
prescribed by the recruiting Agency of Institution for
the interview which should be open, transparent and
competitive;
h.The best and most competent candidates from each
State of the Federation are to be shortlisted to compete
for positions meant for their States and Zones and also
select the best ones who obtained the bench mark from
each State to fill the positions.
i. In the letter and spirit of the Constitution (as
amended) and Federal Character Act, recruiting MDAs
are to invite the Commission to monitor the
recruitment exercises in order to ensure fairness,
equity and justice as well as merit in the selection
process.
j.
The final list of successful candidates indicating among
other things, State of origin and Local Government area of
each candidate are to be presented to the Commission
with a request for certificate of compliance. The certificate
is issued after ascertaining substantial compliance with
laid down guidelines and equitable representation or
rejected if there are deviations from the guidelines.
The above procedures, which incorporate elements of
justice, equity, fairness and competitiveness if strictly
followed in any recruitment process, the likelihood of
employing an unqualified or incompetent candidate is
almost completely eliminated. Application of Federal
Character recruitment procedures and guidelines will not
only guarantee quality representation but also make merit
feasible. This is because there is no part of the country that
cannot produce the required candidates in any field of
specialization.
CONCLUSION
Having understood our history and the need to forge our
destiny and the challenges to promote National cohesion
through the instrumentality of Federal Character, the
reasons why we needed fair representation cannot be
overemphasised. Most of the conditions forcing us to be
apprehensive and distrustful of one another fade away. The
challenge facing us is to build a much more just political
community in which interests cross – cut, identities
gradually overlap, and inter – group economic interactions
are based on the principle of fair and equal access. We must
evolve a society in which there is confidence among our
people and be our brothers keepers. This will build
commonness and loyalty as we all thrive to contribute our
quota in evolving an egalitarian society.Now Nigerians from
all sectors are to be encouraged whenever and wherever
they come from, in our quest to achieve true integration.
Ladies and gentlemen I have the feeling that overtime
and with Institutions accepting our diversity our fears
will ultimately disappear and we shall be one nation
and Federal Characterism will be less contentious and
may finally fade out. Our evolution as a nation is a
pointer to this.
From Empires and Kingdoms we become Protectorates,
then to regions, then to one Nigeria, then to 12, 19, 21,
30 and 36 States and a Federal Capital Territory and 774
Local Governments. Nigerians co- exist in all nooks and
crannies of this country engaged in fair competition of
survival.
We must take advantage of this unity in diversity and
teach our people to accommodate one another rather
than seeing themselves as benefiting because they came
from one section or the other.
This is my strong view that adhering to the Principle of
Federal Character particularly in the provision of
employment with equity, fairness and justice is in the
interest of the nation. National interest most to be
informed by the needs of the populace but the
provision of such needs must be balanced, equitable in
the interest national unity and security.
It is instructive to mention that every segment of our
nation especially our educational Institutions,
Universities, Polytechnics, Colleges of Education;
Communities have a responsibilities to contribute
towards eradicating structural inequalities whichever
form it exist.
I thank you for listening.
Thank you for listening.