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Social Security, Citizenship and Restructuring of Nigeria
Social Security, Citizenship and Restructuring of Nigeria
DOI: 10.5281/zenodo.4650484
Abstract
The territorial integrity of our dear nation remains unshakable, as the calls for restructuring are rather called for rejuvenation
of the country. This paper titled: Social Security, Citizenship and Restructuring of Nigeria, seeks to strike at the root of
discontents leading to the restructuring debate. As an academic discourse based on archival sources, with a tinge of historical
analysis, it attempts at creating a link between the lack of social security on one hand, and the contradictions between statutory
citizenship and citizenship as operationalized in Nigeria, on the other hand, and their implications on the human condition in
Nigeria. It queries the alleged structural deficit of Nigerian nationhood against the fundamental tenets of federalism. With an
exposition of the Restructuring Debate, within the threshold of social contract theory, it seeks to unravel the possibility of a
befitting structure for corporate Nigeria, with lessons from the root.
Introduction
The territory now referred to as Nigeria was once a composition of indefinite identities of people diverse in every sense of
diversification. As belligerent kingdoms and expansionists entities coexist, there were suspicion and fear of possible invasion by
alienated neighbors from afar and near as assailants and marauders, sometimes pitched against one another by the Europeans who
nurse multitude of missions: exploration, trade (slave and commodities), proselytization, colonization, and neo-colonization. The
contraption called Nigeria is a periphery that was made by the metropole for the metropole. Hence, a Machiavellian device. In the
colonial calculations, the merger of disparate nationalities into a marriage of inconvenience is an engine of progress. National
boundaries were thus randomly drawn with the intention of balkanization of ethnic nationalities along international borders, thereby
alienating homogeneous people, and merging heterogeneous people, making immense gains from their inherent incompatibility, and
the problem of trust arising from their age-long suspicion.
The prebendal postcolonial leadership having been tutored in statism, have strictly held unto power (for personal gains) at the
detriment of plans for nation-building. The result of the historical leadership deficit and the resultant immanent contradictions of
underdevelopment had left in its trail the yawning and yearning for a functional federation through restructuring. The issue at stake
is how to right the wrongs of a unitary system intertwined into a federal arrangement heralded by the Unification Decree No. 34 of
1966.
This paper is composed of four sections. The first is an assessment of the extent of conformity of federalism as practiced in Nigeria
to the fundamental tenets of federalism. The second section discusses the privatization of social security and human rights and the
implication of these on the human condition of the Nigerian masses. It also entails the interpretation of what it means to be a citizen
in Nigeria, in comparison with that of South Africa, Ghana, and India. The third section entails an inroad into the strands of the
theory of social contract as an umbilical cord between leadership and followership, as they apply separately to the Western and
African societies. The fourth section entails a look at the fundamental structural deficits and the root of discontent for the political
equation of Nigeria, with attempts at suggesting alternatives to causes of discontent.
Thesis: the problem leading to the hullaballoo about restructuring is not regarding structure per se, but about the dysfunctioning of
the Nigerian state in delivering the dividends of citizenship for the Nigerian masses.
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federal government should be the same. No state government should have more or fewer powers than the other or be accorded a
special position in the federal government. Otherwise, the state governments cannot interact among themselves and with the national
government as equal partners. The lodging of greater powers in one state government would tend to produce in it, an attitude of
superiority and arrogance towards the others, and then destroy the equilibrium which should exist between them.
A Supreme Constitution
As is obtainable in precedents set in the United States, Australia, Switzerland, and Canada, the structure of the Nigerian state was
built on a written constitution, which proclaims its supremacy in the opening section, over any other law in the country (Section 1
(1) of the 1999 Constitution of Federal Republic of Nigeria. A supreme constitution by its provisions safeguards the independence of
each tier of government.
An assessment of the status of Nigerian federalism against the yardstick of the above-stated tenets indicates that we are midway into
the journey of realizing true federalism. In the first place, our constituent units are not truly autonomous as Nigeria is unitary in
many ramifications. Examples of the unitary nature can be found in the following instances:
i. In the dispensation of justice where final decisions on matters emanating even from state laws are given at the Court of
Appeal and the Supreme Court.
ii. In the operation of a police force, the supreme command flows from the Inspector General, on the instruction of the
President, to the State Commissioner of Police, thereby undermining the authority of the State Governors as the Chief
Security Officers of the state, unlike the practice in other federations as the United States and Canada where each state has
its police and the security system is greatly enhanced.
Secondly, compliance with the doctrine of mutual non-interference is only on papers in Nigeria. Just as the states are not immune
from overbearing by the federal government, the local government levels are not immune from overbearing by the state
governments. While the state enjoys some level of autonomy, the freedom of local government from the shackles of the state
governors is a salient key to true federalism, on one hand, the enhancement of social security and the dividends of citizenship on the
other hand. This is because local government autonomy would bring the dividend of governance to the doorsteps of Nigerians. The
redetermination of the revenue sharing formula to the advantage of states and local government would allay the cry of
marginalization and neglect by some interest groups. In the third place, the regions, zones, or states that make up the Nigerian state
are structurally lopsided in favor of northern Nigeria, which is greater in size (19 states) and population than the other two parties
combined (17 states), but the least developed economically and educationally. Fourthly, given the number of units constituting the
federation in Nigeria, we can conveniently say that there is a level playing ground for political pluralism. This counts in favor of our
unity in diversity, making secessionists only adventurists. Both the technique for power-sharing and the existence of a supreme
constitution is highly contentious constitutional issues for a greater discourse. However, we can say that there is room for
improvement for federalism in Nigeria.
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death of breadwinner or unemployment. Honore (1968) viewed the concept of social security as being rooted in welfarism. He
further viewed social justice as an application of social justice that involves the apportionment of an equal share of beneficial things
to all persons who have a genuine claim to them for their wellbeing.
The variants of social security include security from want and security of lives and properties. The importance of social security in
contemporary societies cannot be underestimated because of its enormous benefits. Social security has been instrumental in giving
back to the citizens in time of need; the essence of a social contract is attached with strings that include welfarist orientation. The
institution of social security is capable of injecting calmness into tumultuous situations. It is a fundamental right of the citizens
especially the downtrodden, who might have to choose criminal enterprises as a social strain alternative. Social security has also
been beneficial in the enhancement of a better standard of living and ultimately, life expectancy.
Social security is a universally recognized human right. It is a strand of socioeconomic right to which every human being is entitled.
This was first established in the 1944 International Labour Organization (ILO) declaration of Philadelphia as an obligation to ensure
the provision of basic income to all in need of such protection and comprehensive medical care. The declaration heralded the ILO
Income Security Recommendation 67 of 1944 and the ILO Social Security (minimum standard) convention 102 of 1952. The right
to social security is also given recognition in Article 22, 23, and 25 of the Universal Declaration of Human Rights 1948; Article 9
(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR); Articles 11(1 )(e) and 14(2)(c) of the
Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW); Article 26 of the Convention on the
Rights of the Child (CRC) and Articles 16 and 18 of the African Charter on Human and Peoples’ Rights.
Writing about social security policy in Africa, Anifalade (2017) believes that the right to social security has been entrenched in the
constitutions of several nations, either directly as an explicit justiciable right in the Bill of Rights, or indirectly as part of the
Directive Principles of State Policy. He enumerated efforts at enhancing the right to social security in the region to include: the
Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter on Human and
Peoples’ Rights; the African Common Position on Human and Social Development in Africa in the year 1994; the Ouagadougou
Declaration and Plan of Action on Employment Promotion and Poverty Alleviation in the year 2004; the Social Policy Framework
for Africa in the year 2008, the Extraordinary Summit of the African Union on Employment, Poverty Eradication and Inclusive
Development in Africa in the year 2014, among many others.
Unfortunately, the Nigerian masses have been subjected to historical social exclusion, as second class citizens, in comparison to
their counterparts in the Republic of South Africa and Ghana where the social security provisions in the constitution and the Bills of
Rights respectively are made justiciable, whereas, the right to social security in the Nigerian constitution remains non-justiciable.
The social security laws are meant mostly for the workers in the formal sector of the economy, thereby, increasing poverty in the
country. Section 27(1)(c) of the South African Constitution of 1996 provides that everyone has the right to social security and social
assistance. Under section 27(2) thereof, the state is obliged to take reasonable legislative and other measures, within its available
resources, to achieve the progressive realization of the right of access to social security. In this context, other measures have been
interpreted to mean ‘financial, judicial, administrative, economic, social and educational measures.
In addition to Ghana’s Bills of Rights, Article 33(5) of the 1992 Constitution of Ghana makes provision for other socio-economic
rights, which are not expressly contained in the Bill of Rights. Nigerian citizens have been increasingly denied of their right to social
security explicitly given recognition in Section 14(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria, which provides
that ‘the security and welfare of the people shall be the primary purpose of government’. This section is included in Chapter II of the
Constitution entitled ‘Fundamental Objectives and Directive Principles of State Policy. The Chapter II of the 1999 Constitution also
contains provisions on the right to suitable and adequate shelter; suitable and adequate food; a reasonable national minimum living
wage; old age care and pensions; unemployment benefits; sick benefits and welfare of the disabled S. 16(2); the right to adequate
medical and health facilities; 17(2) and the right to education S. 18(1). These provisions are key components of a viable social
security scheme. However, they are prima facie non-justiciable by the provisions of section 6(6)(c) of the Constitution which has
generally ousted the jurisdiction of the court in respect of any issue or question as to whether any act or omission by any authority or
person or as to whether any law or any judicial decision conforms with the Fundamental Objectives and Directive Principles of State
Policy set out in Chapter II of this Constitution.
As observed above the denial of an average Nigerian of the status of statutory citizenship is fundamental in the constitution, which is
still subjected to the directives of the colonialists, even after five decades of its existence. This is the manifestation of citizenship as
operationalized in Nigeria. The second-class citizens have been reduced to panhandlers by the first-class citizens, who use peanuts
(as dividends of democracy) to cajole the pauperized former into mere rubberstamps during electioneering politics. The doors to the
attainment of the ideal-typically statutory citizenship; as enjoyed by South Africans and Ghanaians, have remained “permanently
closed” through the directive principle of state policies. The term citizenship originally denoted residence of a city or, more
precisely, the status of the freemen of that city. Citizenship was concerned with freedom, whether it was the freedom from a self-
governing patrician elite in the cities of ancient Greece or Rome or the freedom from feudal servitude that had been won by
Burghers of the late medieval. Citizenship is a special status that has attendant rights and obligations and accords the citizen social
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protections flowing from the social contract - not in my country. The development of citizenship, according to sociologist T. H.
Marshall (1950), has been a weapon for the amelioration of social inequalities based on class division. Being in sync with Alfred
Marshall, the economist, foresaw equality of opportunities and lifestyles, rather than material equality of income. T. H. Marshall
conceives citizenship through the effects of a meritocratic state education system as an alternative instrument of social stratification.
He further argued that full citizenship requires three components, which are the rights accompanying the status. Namely: civil rights,
political rights, and social rights. Hartley Dean distinguished. civil, rights as civil liberties, property, and legal rights, political rights
as voting and democratic rights, and social rights as entitlement to a basic standard of education and health and social care, housing,
and income maintenance. The afore-stated facts are applicable to the few holders of statutory citizenship who enslave the others and
redefined their status of citizenship in Nigeria.
Poverty is inimical to full citizenship, as the supposed function of social rights is to guarantee the satisfaction of human needs. The
relief of poverty may be a necessary condition for the achievement of human emancipation (Dean 2002).
In western societies where the social security system guarantees the subsistence needs of the citizens, it does so selectively, treating
different social groups differently. It functions to enforce particular patterns of family dependency and social exclusion. In Nigeria
unlike in Britain, there is no social legislation, the social objectives in the Nigerian constitution are not justiciable. Consequently; it
becomes trite to state that no Nigerian legislation guarantees the right to work, it rather imposes stringent conditions upon those
who are unemployed or who are incapable of work. Similarly, Nigerian social legislation does not guarantee a right to a home, nor
does the government care for the homeless, unless and except there is an outbreak of emergencies such as war, flooding, or inferno,
where the National Emergency Management Commission (NEMA) is occasionally set to task. Nigerian government possesses a
diminishing level of control over excessive housing costs. It does not protect the citizens’ rights to education, basic health, and social
care. The rights enunciated in Chapter II of the Constitution are not binding legal entitlements, but mere aspirational goals. The non-
justiciability of these rights is said to have been informed largely by fiscal constraints (Ibe 2010). Whither our bogus budgetary
allocations, including those meant for the phantom constituency project of our lawmakers? What is the business of the members of
the federal legislature with constituency project, if not for competition and duplication of the functions of the executive? Is it not
another window for money politics in a government that chants an anticorruption mantra?
Nigeria practices an expensive system where lips services have been paid to cutting down on the cost of governance. It has rather
resorted to an embarrassing cycle of indebtedness. Our lawmakers earn more than their counterparts in the developed world.
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recorded in the midst of pandemic wholesale insecurity from kidnappers, terrorists, bandits who have recorded unparalleled success
in the 11th December 2020 kidnap of more than three hundred schoolboys in Kankara boarding school in Katsina State, home of
President Muhammadu Buhari while he was on weeklong visit, in addition to the February 19 th, 2018 kidnap of one hundred and ten
schoolgirls of the Government Girls’ Science and Technical College, Dapchi, Yunusari Local Government Area of Yobe State, and
2014 abduction of more than two hundred and seventy Chibok School Girls in Chibok town, south of Borno State, Nigeria.
Recommendations
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Legislation through the amendment of section 6 (6) of the 1999 constitution of the Federal Republic of Nigeria for the justiciability
of the provisions of the social objectives in the fundamental objectives and directive principles of state policy is imperative for the
national assembly. Their inclusion within the Exclusive Legislative List under item 60(a) is a demonstration that they can be turned
into enactments by the National Assembly, as was done in India.
To expand the social safety nets, the institutionalization of tax-financed, non-contributory schemes to address the needs of the
informal sector of the economy is recommended.
The strengthening of the local government administration in Nigeria is key to the attainment of even development, far greater than
those attained during the the1954 - l966 regional government.
There is an urgent need to establish and adequately equip state police in Nigeria to fight the emergent trends of crime. This goes
concomitantly with the imperative of devolution of power to conform to true federalism so that there will be interdependence and
autonomy characteristic of a federal system, rather than the unitary system disguised as federalism as is presently constituted in
Nigeria.
Constitutionalism, rather than ethno-sectional interests should color our concern for restructuring.
References
[1]. Anifalaje, K. (2017). Implementation of the right to social security in Nigeria, African Human Rights Law Journal. Vol. 17 No. 2
Pretoria.
[2]. Dean, H. (2002) Welfare rights and social policy. Prentice-Hall.
[3]. Honore, A. M. (1968). ‘Social justice’ in R. S. Summer (ed) Essays in legal philosophy 61 62.
[4]. Hornby, A. S. (2015). Oxford Advanced Learner’s Dictionary (International Students’ Eighth Edition). Oxford University Press.
[5]. Ibe, S. (2010). ‘Implementing economic, social and cultural rights in Nigeria: Challenges and opportunities’ 10 African Human Rights
Law Journal 203.
[6]. Ige, B. (1995). Constitution and the problem of Nigeria, the Nigerian Institute of Advanced Legal Studies, Lagos.
[7]. Malemi, E. (2012). The Nigerian Constitutional Law. Princeton Publishing Company.
[8]. Marshall, T. H. (1950). ‘Citizenship and social class’, reprinted in Marshall, T. H., and Bottomore, T. (1992). Citizenship and Social
Class. Pluto Press.
[9]. Nwabueze, B. 0. (1989). Social security in Nigeria. Nigerian Institute of Advanced Legal Studies, Report of the CDC Vol. 1 Lagos, 1977
p. ix
[10]. CASES
[11]. Adaka Boro v The Republic (1966) All NLR 263 Sc.
[12]. Attorney General of Ogun State v. Attorney General of the Federation SC 53/1981 of 05/02/1982
[13]. D’Emden v. Pedder (1904) 1 C.L.R. 91 ATP. 111
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