History & Legal Framework
History of the Federal Character Commission
The expression “Federal Character” is defined in Section 14(3) of the 1979 Constitution as:
‘the distinctive desire of the people of Nigeria to promote national unity, foster national loyalty and give every citizen of Nigeria a sense of belonging to the nation, notwithstanding the diversities of ethnic origin, culture, language or religion which may exist and which is their desire to nourish and harness to the enrichment of the Federal Republic of Nigeria.
Evolution:
The concept of Federal Character is not a new phenomenon in our socio-political life. Before its introduction as an official policy, there was the concept of quota system. The latter had its origin in the measure introduced during the period immediately preceding independence by the Colonial Administration for regulating recruitments into the Nigerian Armed Forces. Quota system as practiced then was meant to ensure that the Military was not dominated by any particular section of the country.
The policy implementation was effective and the events immediately before and after independence encouraged some interest groups to agitate for its extension to the Federal Public Services as well.
The idea of applying quota system for appointments into the Federal Public Service rapidly gained popular support in some quarters while attracting resentment from other quarters.
However, by 1979, the idea had become so entrenched in the national discourse that it was accorded constitutional recognition and became an official state policy. In the 1979 Constitution, the provision was made non-justifiable and therefore did not have the desired effect. This made it possible for persons and authorities who were supposed to implement it to ignore it.
Notwithstanding the lacuna in the 1979 Constitution as it affected the principle of Federal Character, the principle remained a vehicular device for ensuring that all Nigerians have a stake in the nation. Consequently, at the 1994/95 Constitutional Conference, lopsidedness and imbalances in the composition of the Government at all levels and in their respective agencies became a major issue. That Conference took a critical look at previous efforts and did not only retain existing Constitutional provisions but also recommended the establishment of a permanent Executive Body to coordinate, monitor and enforce compliance with the Federal Character principle. It mandate was further expanded to include ensuring fair and equitable distribution of socio-economic amenities and infrastructural facilities. These recommendations were accepted by the Government of the day.
Legal Framework
The activities and authority of the Federal Character Commission are grounded in the Constitution of the Federal Republic of Nigeria. The Federal Character Principle mandates that the composition of the Federal Government and its agencies shall reflect the diversity of the
Nigerian federation, ensuring that no single state or ethnic group predominates.
This constitutional provision provides the legal basis for the Commission’s regulatory and
monitoring functions.
Establishment of the Federal Character Commission
The Federal Character Commission (the Commission) is one of the fourteen independent Federal Executive Bodies established by Section 153(1) of the 1999 Constitution. However, its actual existence pre-dates that Constitution by three years having been set up by the Federal Character Commission (Establishment, etc.) Decree No. 34 of 1996 (“the Enabling Act”). This Act was a direct result of the recommendations of the 1994/95 Constitutional Conference earlier referred to. 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 national loyalty, thereby ensuring that there shall be no predominance of persons from a few states or from a few ethnic or other sectional groups 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 a sense of belonging and loyalty among all the peoples of the Federation.