in order to bring it in line with policing in a democracy. The size of the
police force has more than trebled since 1999, with massive investment in
equipment and training.
217.
Greater focus on enhancing police effectiveness has yielded positive
improvements in the operational efficiency of the force, but the level of
crime remains high. The security forces are now more subject to the rule
of law and are formally subordinate to civil authority. Gaps nevertheless
remain, particularly as regards the misuse of state security services by
some politicians for private, personal purposes. The military hierarchy has
been rather evasive on issues of funding and equipping military formations.
There is also the lingering weakness of parliamentary and civil society
oversight mechanisms.
218.
Compared with the military period, since 1999 there have been huge
improvements in the protection of individual rights, in more equitable
distribution of resources and in competition for power. Democratic
institutions that were established in 1999 are gradually maturing as
regards performance of their functions and an understanding of the limits
of their powers. Major gaps still remain in the allocation of functions and
revenue, in the observance of checks and balances, in developing a culture
of effective opposition, in effective control of the security forces and, above
all, in developing a generally acceptable and robust constitutional and legal
framework for elections and politics in general. Agitations for constitutional
review have persisted owing to major concerns regarding the 1999
constitution, especially regarding its content, character and legitimacy.
ii.
Findings of the CRM
The clamour for constitutional reform
219.
There was a general consensus among stakeholders that the uninterrupted
continuation of civilian rule since 1999 has created a supportive
environment for the promotion of constitutional democracy in the
country. The constitution itself has serious shortcomings in several areas,
especially as it concentrates too much power in the central government
and the executive arm of government, thus inhibiting greater devolution
of power to the states and local governments. In the consultative sessions,
many participants viewed the present constitution as hindering ‘true
federalism’. However, the CRM was assured that a constitutional review
that would limit executive powers and remove most of the immunity
clauses, among others, would soon be proposed.
Decentralisation and local government
220.
Decentralisation of governance to lower levels where the majority of
Nigerians are to be found remains a challenge to the constitutional order.
Local government councils are the third tier of government in Nigeria. In
order to facilitate their functions, they receive funds from the Federation
Account and largely depend on these transfers to execute their functions.
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