By Maroof Asudemade

Governor Seyi Makinde’s assertion in a viral video that the Federal Government is not superior to the states has provoked a wave of criticism. Many commentators have hastily declared the statement false, portraying the Governor as either ignorant of the Constitution or attempting to score political points. Yet, in their eagerness to condemn him, they have overlooked one crucial fact: the Nigerian Constitution does not place the Federal Government above the states.

The supremacy recognised by the Constitution is not that of the Federal Government over the states; it is the supremacy of the Constitution over every institution and every level of government. The Federal Government and the 36 state governments derive their powers directly from the same Constitution. Neither created the other, and neither exists at the pleasure of the other. This is the essence of federalism.

A federation is built on the principle of constitutional division of powers. The Constitution allocates certain responsibilities exclusively to the Federal Government, such as defence, foreign affairs, currency, customs, immigration and aviation. It also reserves numerous responsibilities for the states while allowing both levels of government to legislate on concurrent matters. That constitutional arrangement does not establish a superior-subordinate relationship; it establishes separate spheres of authority. This is where many critics have confused federal supremacy with federal superiority.

Federal supremacy simply means that where the Constitution gives the National Assembly exclusive authority over a subject, or where a valid federal law conflicts with a state law on a concurrent matter, the federal law prevails. That principle exists because the Constitution says so, not because the Federal Government is inherently superior to state governments. The distinction is not academic; it is fundamental.

If the Federal Government were constitutionally superior to the states in the broad sense suggested by Makinde’s critics, governors would merely be administrators acting on behalf of Abuja. State Houses of Assembly would exercise delegated powers. States could have their constitutional powers withdrawn at the discretion of the Federal Government. None of these propositions reflects Nigeria’s constitutional order.

Indeed, the Supreme Court has repeatedly reaffirmed the autonomy of the federating units within their constitutional spheres. Recent judgments strengthening local government autonomy also demonstrate that constitutional authority, not political convenience, determines the powers of each tier of government.

None of this means that states are free to ignore federal laws or constitutional obligations. They are not. States must comply with valid federal laws enacted within the constitutional competence of the National Assembly, just as the Federal Government must respect the constitutional powers reserved for the states. Federalism is a system of shared constitutional authority, not a hierarchy of political masters and subordinates.

Whether Governor Makinde made the statement in a political context is another matter entirely. His motives are open to political debate. However, constitutional interpretation should never become a casualty of political disagreement.

The proper response is therefore to separate politics from law. Politicians may disagree over policy, governance or intergovernmental relations, but the Constitution remains the final authority.

On the law, the position is clear. The Federal Government is not superior to the states. The Constitution is superior to both. Each level of government is sovereign within the constitutional powers assigned to it, and where constitutional boundaries overlap or conflict, the courts—not political rhetoric—have the final say.

Those who criticised Governor Makinde would do well to revisit the Constitution before accusing him of constitutional error. In this instance, the controversy says more about widespread misconceptions of Nigeria’s federal system than it does about the Governor’s understanding of it.

However, there is where Governor Seyi Makinde can be faulted. Following recent Supreme Court decisions affirming local government financial autonomy, state governments are also not constitutionally permitted to withhold or control funds belonging to local governments in ways that undermine their autonomy. So, constitutionally, states are superior to local governments in the governmental hierarchy and exercise constitutional oversight over them. But that superiority is not absolute. Local governments have constitutionally protected status and enjoy powers and autonomy that states must respect. Faulting Makinde on that ground is valid.