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Lawrence Smith COURSE CODE: CSS 312 COURSE TITLE: CITIZEN AND THE STATE COURSE OUTLINE Definition of citizenship, Methods of acquiring citizenship, Rights of the citizen, Duties of the citizen, Qualities of good citizens. State Definition Elements Functions
- The relationship of the citizens to the state in terms of the duties and obligations of citizens to the state.
- The responsibilities of the state to the citizens must also be investigated.
- The nature of strain relations and the process of rectification.
- Political obligation, basis of freedom, loyalty and patriotism. DEFINITIONS OF A CITIZEN Aristotle says that a person is a citizen who takes active part in the administrative affairs of the city-state According to Professor Gettell, citizens are the members of that political society who are obliged to discharge theirs duties to that society and have the right to enjoy all the benefits from that society. Professor Laski says, "A person is a citizen who enjoys the facilities of the state and pays obedience to state."
Citizens are those people who are organized as members of a State and with full political, social and economic rights and are normally accorded special status of citizenship. In the context of these concepts we can define Citizens as people who are organized as members of a State, who owe allegiance to the state, want the welfare of the state and are accorded special status of citizenship. They are entitled to full political, social and economic rights given by the state. an association of human beings whose members are at least considerable, occupying adefined territory, and united with the appearance of permanence for political ends, for the achievement of which certain governmental institutions have been involved (Keeton as cited in Awolowo, 1968:13).What is implied here is that a state should be sovereign; autonomous, have a territorial boundary and have a government. The method of acquiring citizenship: Citizenship can be acquired in two ways: (1) By birth (2) By naturalization or formal grant. Citizenship by birth: Those who acquire citizenship by birth are called the citizens by birth. There are two methods of acquiring citizenship by birth. These are-(l) Jus soli and (2) Jus sanguinis. Jus Soli (law of the soil). : According to the principle of Jus Soli, somebody can become a citizen of a country of his/her birth. In other words, the place of birth determines the citizenship of a man. Thus the children born within the jurisdiction of a state becomes the citizen of that state, irrespective of their parents' citizenship. This rule is followed in the USA. Jus Sanguinis (law of the blood) : According to the principle of Jus Sanguinis, one becomes a citizen of the country of ones parents. In other words, it is the citizenship of the parents that determines the citizenship of the child no matter where it is born. This method is practiced in Nigeria. The United States of America follow both the principles of Jus sangunis and Jus Soli. Naturalized citizen: A person can acquire citizenship of another country on the approval of the law, fulfilling various conditions prescribed by the state. Such citizens are naturalized citizens. The United States and United Kingdom are examples of countries where naturalized citizenship is practiced. Generally no difference is created between naturalized citizens and citizens by birth, full rights of citizens are granted to them. However, in some countries, certain limitations are placed on naturalized citizens, in the US for instance, a citizen by naturalization cannot vie for the office of the president or vice president. To acquire citizenship by naturalization certain processes are involved. In the US for instance, an applicant/ group must be over18 years old, must have lived in the US for five years, and have not left for more than twelve consecutive months or a total of 30months throughout that five-year
According to Procter (1978), rights are "the political, social, etc., advantages to which someone has a just claim, morally or in law. Oyovbaire et-aI., (1991: 60), the "rights of citizens are the just and legal entitlements and claims which are inalienable to the citizens of a State and which the government of a State has a duty to protect and guarantee." From these definitions, it is clear that rights are the privileges which the citizens of a State could enjoy by virtue of being citizens of that State. Rights could be political, social, economic, moral, civil or legal. Usually, such rights are entrenched in the written Constitution of every country and their enjoyment is within the limits and protection accorded then by the government, and they are normally specified in the constitution (Adefolarin, 1989:95). The axiom your rights ends/stops where another man’s begins buttress the fact that rights are not absolute. In the exercise of an individuals right, thoughts should be given to the rights of others, ensuring that no citizen encroaches on the rights of other citizens. The classification of rights: The rights are generally divided into two broad categories as: moral right and legal right. Moral rights : These are rights that are created from the rules of society and conscience e.g. the right of the beggars to get alms. If the moral rights are violated, the society frowns or criticizes it. But there is no provision for inflicting punishment for it. Legal rights : The rights created and approved by the state are called legal rights; e.g. the right to property. For the violation of this right the violator is punished. Right to life: The right to security of life is about the most fundamental and the most crucial of all the rights. Unless there is the safety of life other rights become meaningless. Every person has the right to live and no citizen should be intentionally deprived of his life either by an individual or a group of persons or even the government. It is the responsibility of the state to save the life of the citizens. This right is however limited by the execution of the sentence of a court in respect of a criminal offence of which a person has been found guilty in Nigeria. A person cannot be regarded as having been deprived of his life if he dies as a result of the use of such force as is reasonably necessary and in such circumstances as are permitted by law such as in the defence of a person or property; to effect a lawful arrest or prevent the escape of a person legally detained; and for the purpose of suppressing a riot, insurrection or mutiny. However, a judicial inquiry to determine the cause of the death of such a person must be held within one month after his death. Right to Dignity of Human Persons : Every individual has the right to, and respect for the dignity of his person. Thus, a person should not be subjected to any form of inhuman and torture or any form of degrading treatment. He should not be held in slavery or servitude. Neither should he be required to perform a forced or compulsory labour. Any labour that is required and reasonably necessary as stated in the constitution shall not be regarded as forced or compulsory
labour. Every individual has a right to a good name and reputation and could seek redress in the court of law for any defamatory statement made about him. Right to property : it includes the right to acquire and enjoy property, as well as right and the facilities to transfer property. The meaning of this right is that one's property is not to be encroached upon or plundered by others. A citizen of Nigeria has the right to own private property including land, house and business. Under the provision of this right, no movable property or any immovable property shall be taken away compulsorily by government without prompt payment of adequate compensation. While individuals could own as much property as they could legitimately acquire in capitalist societies, the State owns all the wealth in the socialist societies. Although there is the right to private ownership of property in Nigeria, the State owns, regulates and controls all the mineral resources such as petroleum and natural gas as they constitute a major sector of the economy. Individuals can be made to pay tax and rates on private property. It is the responsibility of the state to give security of property. Right to Private and Family Life : every citizen is entitled to the privacy of their lives, their homes, correspondence, telephone conversations and telegraphic communications. Right to form family is indispensably necessary for any society. Social life grows up centering round the family. Individuals have the right to marry and rear children. Couples have the right to run the affairs of their homes the way they deem fit without any external interference. The right to private and family life should be guaranteed and protected. Right to movement/personal liberty : All the citizens have the right to move freely everywhere within the country and to reside in any part of the country. No Nigerian citizen should be expelled from or refused entry into or exit from Nigeria. This is a fundamental right. He has the right to free movement without restriction, detention or imprisonment However, restrictions could be imposed on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence. This is in order to prevent him from escaping from the country. A government also reserves the right to restrict free movement by imposing a curfew during a 'state of emergency'. A person suffering from a contagious disease could have his movement restricted in order to prevent the spread of the disease. Likewise, every person is entitled to his personal liberty and should not be deprived of it. He could enjoy his life the way he deems fit as long as it is within the limit of the law of the land. A citizen is free from any form of assault and battery or molestation through this right. An individual unlawfully arrested and detained could, through the application of writ of habeas corpus, regain his freedom. The writ of habeas corpus is a court order which commands any person or authority detaining a person to either produce him in court for fair trial or to release him (Oyovbaireet al., 1991:61). Such an unlawfully arrested or detained person is entitled to compensation and public apology from the appropriate authority or person. However, the right to personal liberty is limited by lawful arrest, detention or imprisonment by a court of law for an offence committed; confinement of persons below 18 years for the purpose of their education or welfare; and confinement of persons with contagious diseases as well as the confinement of lunatics and drug addicts for the purpose of their care or treatment or the protection of the community.
public peace and order. Associations that are allowed are such that are creative and noble. This implies that such meetings in which members conspire to commit crime or to destroy life and property are unlawful and prohibited. The state can control those activities. Equality before the law : Equality in the eye of law means that law is applicable equally for all. The rich and the poor, the strong and the weak- all must obey the law of the state. For committing crime all will suffer the punishment. Right to election: every citizen has the right to exercise his franchise provided the required age is already attained by that citizen. This right is of two types. One is the right to vote in election and the other is the right to be voted for. In addition to all these fundamental rights discussed above, the citizens of Nigeria also have the right to the basic necessity of life such as food, shelter and clothing. Right to education and good health, that is indispensably necessary. The state must ensure the security of public health providing treatment of illness, cleanness, nutrition and safe drinking water. Education makes worthy and conscious citizen. Every citizen has the right to education. It is the duty of the state to provide opportunity of education for all. Nigerian citizens are equally entitled to gainful employment according to their qualifications. Citizens are equally entitled to contract for trade and commerce. The state helps the citizens to maintain the terms of the contract. But a contract against the state or public welfare cannot be entered into. Citizens also have the right to participate in government through objective and constructive criticisms and suggestions which could help the government to perform more effectively. Right to culture and language : citizens have the right to maintain the identity of his own culture and language. This right is indispensably necessary for the citizens of all religion and community to maintain their own independence and identity To safeguard the rights of citizens The rights of citizens could be safeguarded through a number of means.
- The rights of citizens should be entrenched in a written and rigid constitution. When citizens’ rights are contained in a constitution that is written and rigid, it can be referenced, it cannot be easily doctored, because alteration or amendment involves processes that are approved by law.
- Ensure the existence of the principle of the rule of law. This principle is based on equality, law and liberty. Since the law is supreme and must be respected by both the government and the governed, it provides and protects human rights.
- Separation of powers: when the powers of the arms of government (the legislature, executive and the judiciary) are separated accordingly, it will guarantee the independence of the judiciary. This would enable judges to discharge their duties without any form of partiality.
- Freedom of the press: the press is the voice of the people. When there is freedom of the press, people can express their views, ideas and opinions. They can cry out when their rights are infringed, encroached or denied.
- Existence of opposition: this acts as a watch dog against abuse and the excesses of the government. So when there is opposition, the government is cautious of its actions knowing that whatever activities they engage in is bought under scrutiny by the opposition.
- Vigilance of citizens: the citizens on their part need to know their rights and be vigilant to ensure that such rights are not infringed or encroached on. DUTIES AND OBLIGATIONS OF THE CITIZENS The conferment of citizenship imposes certain responsibilities and functions on the government which it must perform to the citizens on behalf of the State. Similarly, the acquisition and enjoyment of inalienable rights from the state also bestows certain duties and obligations which the citizens owe the state, all these are obligations. Thus, an obligation is a duty that is expected to be performed by individual citizens, organization and the state. For example, it is the responsibility of the State to guarantee the rights of citizens and also to determine the limitations of these rights. Such limitations are aimed at ensuring that the citizens enjoy these rights equally and that no citizen encroaches on the rights of others. The duties of Nigerian citizens are clearly stated in the 1989 Constitution of the Federal Republic of Nigeria under Chapter 2, Section 24. According to the Constitution, it is the duty of every citizen to: Abide by the Constitution : every citizen is obliged to abide by the stipulations of the constitution, respect its ideals and its institutions, the National Flag, the National Anthem, the National Pledge, legitimate and properly constituted authorities. To enhance the power, prestige and good name of the country and defend the country and render national service as may be required. Allegiance : One of the responsibilities of citizens is to owe allegiance to the state. Allegiance means to remain obedient. Citizens are expected to obey all the prevalent laws of the state. Everybody must obey the laws for the maintenance of peace, discipline and security of the state. The citizens will always be ready to make sacrifice at the necessity of the state. It is the duty of citizens for instance, to join the armed forces and fight for the defense of the country and as well, maintain law and order. Protect and preserve public property : citizens should be aware that the wealth of the nation belong to them, therefore it is their duty to protect it just as they would their personal belongings. They should fight against misappropriation and squandering of public funds.
Intelligence : Intelligence is necessary for the performance of the state duty, forming government, conducting the administration, formulating government policy etc. Along with enjoyment of state facilities, the intelligent citizens become active in discharging their duties. For the development of knowledge education is necessary. It is the duty of the government to make all the citizens conscious by introducing universal education. Self Control : Self control is an indispensable virtue of the citizens to build up a disciplined state obeying the government and the laws. Self-control inspires the citizens to sacrifice the small self interest in the greater interest of the state. Besides, self-control is also necessary for toleration of others opinion. Self-control is also indispensably necessary to remain free from corruption and nepotism remaining aloof from all temptations. So, self-control is one of the best qualities of a citizen. Conscience : The citizens must have conscience to discharge the duties and responsibilities of the state and for the welfare of the state. A conscientious citizen remains alive to his own responsibilities and duties. He becomes eager to take any step for the development of the state. The right and the unjust depend on judgment and conscience. Social welfare and patriotism give rise to the sense of conscience. So the citizens with the qualities of intelligence, self-control, conscience are called good citizens. RESPONSIBILITIES OF THE GOVERNMENT TO THE CITIZENS Just like individual Nigerian citizens have responsibilities and duties to perform, the Nigerian government, like any other government has the responsibility of performing certain duties and functions for the citizens.
- It is the duty of the government to maintain peace and ensure internal security and harmonious relations among citizens through enactment, enforcement and interpretation of laws. The government organises the State for the benefit of every citizen; preserves individuals liberty; ensures social, political and economic justice and also protects the citizens against any form of external aggression (Awolowo and Adesanya, 1990:2).
- The government determines the political rights and duties of the people in the State. It passes laws to regulate voting and delimits constituencies. These and other responsibilities and duties are further discussed below. Personal Security and Protection of Citizens : The right to life and liberty must be guaranteed by the government. Individual personal security must be ensured and every citizen must be protected. General Welfare and Education of individuals : The government through the State must show concern for the general welfare of the citizens. It is the duty of the government to establish schools through which the people could be educated and develop themselves. She must provide
welfare services including the provision of infrastructural facilities such as good roads, supply of water and electricity, health facilities, education and also take care of the motherless, disabled and the aged through the old age pension. Promotion of Economic and Social Development: The government must promote economic and social well-being of the people. Respective government agencies should direct and utilize both human and natural resources in conjunction with the appropriate agency for the provision of man's basic needs including food, shelter a clothing. Local industries must be established and existing indigenous manufacturers and inventors must be protected against foreign domination to enable them grow. The development of the agricultural sector is also important for national economic growth. Maintenance of Diplomatic Relations : It is the duty of the government to ensure that the country maintains friendly and good diplomatic relations with other countries. Some of the problems facing the nation are such that their solution transcends national boundaries and hence require international unity as a necessary condition for solving them. In order to facilitate and concretize international relationship, Nigeria has her embassies in other foreign countries. Protection against External Aggression : The government must preserve the sovereignty of the country and protect her against external aggression. A country must have a strong defence base to guard against external invasion. The armed forces including the Army, the Navy and the Air Force must always be at alert. National government that is unable to perform this duty of protecting preserving the sovereignty of the nation places the nation at a very great risk and such a government is certainly not desirable. The government maintains properly equipped armed forces in order to achieve this task of protecting the country against external aggression. Taxation : Another responsibility of the Nigerian government is that of imposing taxes and rates on the people thus generating some revenue. The revenue generated is in turn used for development purposes. Maintenance of Law and Order : The maintenance of law and order within a society is the responsibility of the government. The government makes, enforces and administers the laws of the land through the law enforcement agencies. It is the duty of the Nigerian government to provide the necessary instruments of law and order and also ensure the general protection of lives and property. The government must define and punish crime and also administer justice. The means to protect the right to private property and the right to free transference of property by gift and sales must be provided by the government through the state. The government also enforces the right to fulfill contracts that are freely entered into with people within or outside the state. Formulation and Implementation of Policies : It is the duty of the government to formulate and implement necessary and relevant policies that will enable the people to produce, exchange
Population : population is the number of people living in a state. The state is a human institution, so population is its primary and indispensable element. However, there is no hard and fast rule about population. There can be no minimum or the optimum population necessary to constitute a state. Plato and Aristotle favoured a small population. According to Plato, an idle state should have a population of 5040. Aristotle on his part laid down a general principle that the population of a state should be large enough to make a good government possible. It must be remembered that both of them were thinking in terms of small city-states. Rousseau, prompted by considerations of direct democracy, fixed the number at 10,000. In modern times, states vary greatly from the few thousands of San Marino they are little more than twelve thousand people to about ninety scores of people in China or of India. The modern tendency is in favour of large states. All that can be said is that a large population is an advantage from the point of view of military defense. However, a large population can be a liability if the resources of the state are not adequate for its maintenance. One of the main problems faced by developing countries is over-population. Thus there should be a balance between the size of the population and the material wealth of the state. Definite Territory: The population that forms a state must have a definite territory to live permanently. Territory includes the land, the rivers, the sea, and the air space which the jurisdiction of the state extends. In modern times, the citizens are bound together by residence on a common territory. Land, water and air space comprise the territory of a state. Just as it is with population, no limit can be laid down. Small states and large ones exist side by side. There are tiny states like San Marino with an area of less than twenty-five square miles, as well as giant states like the U.S.A., China, Russian Republic and Australia with millions of square miles. International law stipulates that all states are equal in status and right, no matter how unequal they are in population and area. It is claimed that small states are good for efficient administration and inculcating among the people a sense of unity and love for the state. However, the truth is that a small state is at a disadvantage in its relations with larger ones. Small states are under the influence of one or the other large and powerful state. It is said in favour of large states that they are strong in defense and because of availability of resources they are economically self-sufficient. It may be pointed out that the power and security of a state are not determined only by the size of its territory. Some other factors in this regard are geographical location, resources and climate. Government : A people occupying a definite territory cannot form a state unless they are politically organized. Government is the political organization of the state. It is the concrete and visible instrument of state power. It is the agency through which the will of the state is formulated, expressed and carried out. Garner, defined government as the agency through which "common policies are determined and by which common affairs are regulated." Without a government the population living in a definite territory cannot form a state. The state wills and acts through the government. A state invests its authority in certain persons or groups of persons defined by law (i.e. entrenched in the constitution). These groups of persons differ from state to state. In the United States of America sovereignty is distinguished between the president, the congress and the Supreme Court, in Britain, it is between the Queen in parliament i.e. the Queen, the Lords and commons, in Nigeria, it is with the president, national Assembly (senate and House of Representatives) and Supreme Court. They represent the three organs, namely,
legislature, executive and judiciary. The legislature makes laws; the executive enforces laws while the judiciary interprets the law and adjudicates cases or disputes. There are different kinds of government in different states such as monarchy, democracy and dictatorship. For Government to be effective; it must possess the capacity to maintain order and enforce obedience through one of its defining characteristics, that is ultimate authority, to which all are subordinate. Authority is a legal concept which means that government has the legal right of making decisions which people are required to obey; and the right to use coercion to enforce its laws. This feature is very important because governmental policies are not likely to be effective if the rules are not obeyed. Without a government and the authority it welds, there would be lawlessness and anarchy. There can be no state without government Sovereignty: The chief element to form a state is sovereignty. It is the characteristic which distinguishes the state from all other associations. This word derived from a Latin word superamus which means supremacy. It denotes the supreme power or the final authority from which there is no appeal. Sovereignty or independence is the power to command and enforce obedience free from foreign control. It has two aspects internal and external. Internally viewed, the state has supreme power over all individuals and associations within its fixed area. It can compel obedience of its people to its laws and commands. Externally viewed, the state is free from control of any foreign state or alien rule. Sovereignty key features are: a) Absoluteness: Sovereignty is legal in nature in the sense that it is binding on all inhabitants that fall within the jurisdiction of sovereignty i.e. citizens and associations alike. There is no limitation to its legal powers. However, it is important to note the fact that when a state is a member of international organizations like African Union ((AU), United Nations (UN) etc it will have to abide with the regulations of the organisation, in this sense, the state will be subjected to the laws of the international organisation. For instance, a state like Nigeria is bound to act in accordance with the principles of such organisations not minding her sovereignty. An example of how a state is bound to act in accordance with the principles of International organisations is evident in Nigeria acting in accordance with the decision of the International Court of Justice that forced Nigeria to cede Bakassi Peninsula to Cameroon. From this example it appears Nigerias sovereignty has been limited to a certain extent. But in actual fact, the country is abiding by the regulations of the international organisation as a member state; hence this subjection does not in any way limit the countrys sovereignty. In the same way, world opinion for the safe acquittal of Amina Lawal in Katsina State from the claws of Sharia propagandist did not in any way limit the countrys sovereignty in handling domestic affairs. It simply shows that there is no absolute sovereignty. In actual practice no state is able to exercise unlimited power either over individuals and associations within its territorial domain or in its international relations. This is because a state is bound to respects and abides by international laws, treaties and the policies of the international organizations and its agencies. A number of writers have attacked the concept of absolute sovereignty on theoretical grounds, noting that it is undesirable. H. J. Laski, for example, regards it as incompatible with the interests of humanity and world peace.
FUNCTIONS OF THE STATE
According to political scientists Willoughby, Gettell, Gilchrist the functions of the modern welfare states can be divided into two classes:
- Essential or Main functions
- Welfare or Optional functions Essential or Main functions: To maintain the existence, independence and sovereignty of the state and to protect the rights of the people the functions performed by the state are called the essential function. To form and maintain the defence force for the deference of the country and to protect the country from foreign invasion are the essential duties of the state. It is the responsibility of the state to give security of life and property of the citizens and to ensure personal freedom. To maintain internal peace and order is another essential function of the state. In the field of international affairs to sign pact, form alliance, to establish diplomatic relation with other states, to conclude different contracts etc. are also essential functions relating to foreign affairs. Besides to conduct good administration by establishing the rule of law is the essential responsibility of the state. 2. Welfare or optional functions: The modern states are doing various types of welfare works for the total development of the citizens' moral, social, economic and cultural life. All these activities helpful in development are optional functions. The more the state makes development, the more the scope of its optional functions expands. The optional functions of the state are as follows:
- To spread education : The development of a state depends on its educated citizens. So, it is the function of the state to make all efforts for the spread of education.
- To maintain public health: Strong and healthy people are the wealth of the state. For that reason, to establish medical centres to maintain public health, to take preventive and curative measures and to take steps for safe drinking water etc. are under this responsibility of the state.
- Development of industry and commerce : The economic development of the state depends on industry and commerce. To encourage establishing heavy industry, to conduct Bank, Insurance etc. are the optional functions of the state.
- To maintain communication : The state maintains the communication system both internal and international levels. Good transportation and communication are indispensable for the development of the state.
- Welfare of the workers : The state takes step to fix up the working hour and wage, to provide medical, housing facilities, to establish Court etc. for the welfare of the workers.
- Social security : state takes up social security measures helping the destitute, giving pension to old and unemployed persons etc.
- Public works : Construction of roads and bridges, development of agriculture and irrigation, helping people at the time of natural calamity, prevention of famine and epidemic, providing sports ground, park, garden etc. are done under the supervision of the state. The aim of the state is to do the over-all welfare of the people. As a result the scope of the optional functions is also increasing extensively. EVOLUTION OF THE NIGERIAN STATE Nigeria came into being in its present form in 1914 with the amalgamation of Northern and Southern protectorate by Sir Frederick Lugard. This included such widely differing groups of people with exacerbating identity differences between the three major ethnic groups (Hausa, Igbo and Yoruba) and the minorities which now dominate Nigerias social and political scene. It also culminated in the perception of northern Nigeria as being predominantly Muslim while the South would be portrayed as being predominantly Christian. The demographic constituency of the new state was such that the North protectorate was far larger than the south. Basically, colonialism (Balandier, 1951, 1966) was a disruptive force in the evolution of the Nigerian state and of democracy variously. His argument was that understanding the realities of the society under colonial rule cannot be divorced from the interplay of the relationships between the coloniser and the colonised so much so that it brought about dislocation of state-society relations. It is this dislocation that has underpinned the character of the Nigerian state as it relates to ethnicity, minority issues as well as the politics of citizenship. The first concerns border on the formation of the new state and the definition of the citizenry. Second, the colonial state was created basically to ensure law and order with no welfarist pretensions which was sine qua non for furthering the ends of colonialism which is contrary to colonial ideologies of civilizing mission. However, while this was on, the individuals identity with, and loyalty to the state transformed. This is in relation to the emergence of autonomous state ethnic organisations that came to be welfare agencies which emerged and therefore became something of an alternative state or, in any case, a rival, competing with the state for the individuals loyalty and support. It could be said that apart from the colonial experience bequeathing a political economy that emphasised patronage over production, it created a political culture that tried to socialize the local population as passive subjects. This situation entailed the development of two public realms: a) A communal realm based on membership in an ethnic group.
effect, it not only led to the elevation of force, order, intimidation, compulsion and control but also to the excessive centralisation of power. To date the need for a symbiotic relationship between the executive and the legislature is still undermined. For example, while the attitude of the executive is largely intolerant the legislature tends to over exert its oversight powers on the executive. At the state level the governors are always at strife with the legislature so much so that impeachment clause is invoked even in issues undeserving. Little wonder that legitimacy of the 1999 constitution has been contested to the extent that there is agitation for genuine democratic reforms. The concept of a constitutional democracy requires the elected government to be responsive to the needs of the people, their rights, well-being and safety and not following a military command structure. However, the paradox is that the Nigerian democratic culture appears to be in a dilemma in achieving the features of democratic rule because of the manifestations of authoritarianism such as arbitrariness, intemperate language, total absence of debate, intimidation of civil society, absence of rule of law and due process, total disregard of civil rights and non-independence of the judiciary. The point is that Citizen State relations has been riddled with frustrations not because Nigerians are impatient with matters that require due process but because the structure of the State and pattern of allocation of resources needs to be demilitarised. In the absence of these, Nigerians will not only continue to be intolerant of one another but be embroiled in the lack of acceptance of ethnic diversities, religious pluralism and cultural differences. This frustration with the pattern of orientation has culminated in the resort to violence which is now a common feature in Citizen-State relations. Re-Orientating the Nigerian society : Nigerians need to be reoriented from authoritarian culture to embrace the norms and values of democracy which can be achieved through a massive education of the citizenry through the media and civil society organisations. The reorienting of the society should be at three levels: the family, society and the State. The Family : The expectation is that as the first arena of contact, children inevitably should absorb democratic norms and values. However, in most homes the opposite is the case because children are commanded instead of being consulted. The expectation is that attitudes should guide behavior. To be a part of the process of re-orientating the family towards a democratic culture, childrens rights need to be inculcated in the home in order to nurture future democrats (IDEA, 2000:53). In effect, for a well rounded upbringing parents should be less autocratic, less overbearing and less rigid with children. The essence of this is to checkmate the incremental possibility of militarised society. Society: The essence of building a strong civic culture among the citizens is that most civil society organisations due to the incursion of military in governance have tended to focus on the civil and political rights to the detriment of economic, social and cultural rights. However, it must be reiterated that democracy must yield dividends in order to reinforce civil society only
through political education at all levels of society. This is pertinent because as long as the attitude of the leadership is positive towards the culture of democracy the citizens will inevitably be obligated to it. Nigeria needs to build on its institutions as well as on policies that are people- oriented so as to enhance the development of its citizenry. The necessary issues are education, media, arts, political parties, religious and traditional institutions, human rights commission, gender equality, corruption and decentralisation. The State : The problems and challenges of the structure of the Nigerian State can only be achieved when the problems and challenges that are itemized below are addressed. These are:
- The practice of a federal system should be in reality such that power should be devolved to an acceptable level in the federating unit and not on paper. This position becomes important based on the fact that a federal state, is a political contrivance intended to reconcile national unity and power with the maintenance of state rights for certain common and mutual purposes.
- There should be an adherence to the provisions of revenue allocation that would be in the adherence with the Constitutional Allocation of Revenue between the Federal, States and the Local Government are in sections 162-168 and A and D of part 11 second schedule under the 1999 constitution. Section 162 of the 1999 constitution provides for common pool of financial resources (called the Federation Account) which is to be distributed among the Federal and State Governments as well as the Local Government Councils in each State, on such manners as may be prescribed by the National Assembly. In the same vein, to pacify the oil-producing areas agitating against the Federal Government owning a lion share of the mineral revenues, the allocation of 13% to the states was put in place to resusciticates the principle of derivation.
- The executive should display more of openness and transparency in leadership.
- The civil service should jettison bureaucracy and ensure that people are served promptly, politely and efficiently.
- The legislature should make laws independent from the influence of the executive.
- The anti-corruption should not be about witch-hunting but an agenda aimed at nipping corruption in the bud. Assessment of Government Performance Provision of Health Services: Provision of Health Services Health has been defined as a state of complete physical and mental well being and not merely the absence of disease or infirmity. In effect, the government has the social objective to provide adequate medical and health facilities for all persons as specifically stated in section 17(3d) of the 1999 Constitution of the Federal Republic of Nigeria. However, access to good health remains a mirage for many Nigerians for reasons. First, the state of the medical and health facilities are far from adequate owing to the degeneration or poor handling of the health sector (prior the refurbishing of some teaching
