Units or Tiers of Government in a Federal System

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Units or Tiers of Government in a Federal System
      As we have vividly mentioned from the foregoing section that federalism entails power sharing or devolution from central or federal level to federating units. This shows that in federalism, besides federal government, there are other tiers of government. In Nigeria and some other federal state, they are classified into three tiers via which power is being constitutionally exercised. These are:

1. First Tier -- represent federal government
2. Second Tier – represent state government
3. Third Tier – represent local government
       In similar contents but different expression, Roskin et al (19988: 263-264) argue thus: in many federal states, there are three levels: the national (or federal) government, the state or provincial governments, and local governments.”
        Hence, constitutionally under federalism, power and functions that exist in a state are divided or shared into three lists which are also exercised by the three units. These powers are:

1. Exclusive Legislative List
2. Concurrent  Legislative List
3. Residual Legislative List

Exclusive Legislative list contains items that are constitutionally reserved for the federal government only. It contains items like currency, immigration and emigration, oil exploration, creation of states, defence, arms and ammunition, aviation, awards or national title of honour, census, citizenship, copyright, custom and excise duties, export duties, external affairs, extradition, insurance etc. Hence, in the second schedule of 1999 constitution of the Federal Republic of Nigeria (as amended) it contains 68 items that are exclusively reserved for the federal government.

Concurrent legislative list contains items that both the central government (federal government) and its component units (state governments) have constitutional power to legislate on and perform functions on them. The two bodies (federal and state governments) have legislative power over the items under this legislative list. But in a case of interest or functional inconsistency or contradiction between the duos, that of the federal government will prevail. Some of the items under the list include: education, agriculture, road construction, health, employment creation etc. In the Second Schedule Part ii of 1999 Constitution of the Federal Republic of Nigeria (as amended) there are 30 items under concurrent legislative list. (See Second Schedule of 1999 constitution).

Residual legislative list contains functions that are exclusively reserved for the component units or federating units like states and local governments in case of Nigeria. The list contains items that are mainly local issues such as chieftaincy affairs, construction of local market etc.

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