The
Nature of the Federation
The
Federal Constitution is an indicator of the nature of the Federation. Against
the comprehensive list of the federal prerogatives must be placed that of the
federated states. According to Article 38(1) of the Constitution, 'Any
subject not listed in Article 5 and 6, and whose regulation is not specifically
entrusted by the Constitution to a federal law shall be the exclusive
jurisdiction of the Federated States, which within these limits may adopt their
own Constitution'. Except for the West Cameroon House of Chiefs and the
customary courts which were excluded from the federal jurisdiction, none of the
subjects under the jurisdiction of the federated states was specifically
referred to in the Federal Constitution. Yet the State of West Cameroon
claimed for itself such items as primary education, local government, social
welfare, archives and antiquities, agriculture, cooperatives, internal trade,
state public works and other minor matters. Even then, as Edwin Ardener (1967:
309) points out, except for primary education, none of these items would have
had any constitutional validity if claimed by either of the federated states.
By
arrogating to itself all the important sources of revenue, including foreign
aid, and by leaving the governments of the federated states with very little
financial autonomy, the federal government made the governments of the
federated states financially dependent. This severely curtailed their powers.
Indeed, by claiming for itself nearly all the most important functions of state
business, the federal government ensured the redundancy of the governments of
the federated states and denied them any raison d'être, except
political. President Ahidjo said as much on the 6
th
May 1972 when he declared that the federal structures were adopted at
Reunification in order to assure the Southern Cameroonians that the heritage
which they were contributing to the nation would not be ignored, 'but
would be taken into consideration within the framework of a bilingual
multicultural state'. The implication being that if the political factor
waned, or could be made to look as having lost its relevance, the federal
system might give way to a unitary one.
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