Nigeria and the census question

By 

Martins Yellowe

Census represents a fundamental prop on which any nation-state can be constructed solidly. On the domestic scene, not only does census serve as the basis for the determination of politico-administrative units of the country, but also it constitutes an aggregate of information and indices for effective national planning and equitable governance. On the international scene, in view of the imperatives of co-operation, integration and interdependence of nations in contemporary trends, the census of a country is relied upon for certain global objectives of governance.

Census in Nigeria

Nigeria's first-ever general census was conducted in 1911. Throughout the colonial era subsequent censuses were conducted ñ approximately every ten years. Since independence in 1960, there have been three attempts at head-count in Nigeria, all of which have been controversial or lacking in credibility. The first of these, the 1962/63 census, though controversial, generated figures that remained in force for over thirty years. This was so because the second census (1973) was inconclusive; and no attempt at census was made throughout the 1980s.

The third attempt at census was in 1991. This census itself was so controversial that the 1994/95 National Constitutional Conference, which I was privileged to have participated in, rejected it. Somehow, the Abacha administration overturned that rejection, and the figures, as controversial as they were, remain in current use.

At the root of the controversy and credibility crisis that has bedevilled all post-independence attempts at head-count is the political chicanery of major ethnic groups over power and resource control, and over the allocation and distribution of revenue. As the country approaches another census, there are already clear signs of tension and suspicion. Opposing groups have been drawn into the polemics of whether or not to relate the forth-coming census with the rather epileptic ID card project.

Nevertheless, Nigeria needs, and should have a census that should be conducted transparently, honestly and responsibly, whose result and figures should be acceptable to an overwhelming majority of Nigerians as well as the international community. Indeed, to demonstrate our collective sincerity and commitment to the consolidation of our long-sought-for and hard-won democracy and to the task of nation-building, not only should this be so, but also we should inculcate in ourselves the ethos, and put in place the machinery for repeat performance of the census exercise periodically every ten years.

The 1999 Constitution on census

The constitutional provisions for census may be found in the following parts and sections of the 1999 Constitution:

• Item 8 of the Exclusive Legislative List which empowers the National Assembly to legislate exclusively on census;

   

• Part 1 of the Third Schedule to the Constitution which in item J paragraphs 23 and 24 vests the National Population Commission with the responsibility of conducting periodical enumeration of population and prescribes its composition and powers;

   

• Section 153 which lists the National Population Commission as one of the Federal Executive bodies guaranteed independence and autonomy; and Sections 154, 157 and 158 which insulate it from executive control; and

   

• Section 213 of the Constitution which describes the procedure of treating the report of the National Population Commission on census.

  There appears to be two fundamental weaknesses of the constitutional provisions on the National Population Commission, both of which may lead to the politicising of census. First, the provision (item J paragraph 23 of Part I of the Third Schedule to the Constitution) that the commission shall comprise a chairman and one person from each state of the federation and the Federal Capital Territory, though conforming with the Federal Character requirement of Section 14(3) will introduce strong political sentiments and considerations as each representative will take positions to advance his state's interest. It is instructive to observe that the Independent National Electoral Commission (chairman and twelve other members), the Federal Civil Service Commission (chairman and fifteen other members), and the Code of Conduct Bureau (chairman and nine other members) do not have representation on the basis of one per state.

  Ideally, the composition of the National Population Commission should be similar to that of any of these bodies. What should be paramount and of fundamental importance is that the members are professionally qualified men and women of high integrity, and of unquestionable track-record of success preferably from the organised private sector, none of them should be associated with any political party; and the chairman and a majority of the members should come from minority ethnic groups in the country.

  Secondly, the independence of the National Population Commission, guaranteed by Section 158(2) can be undermined by Section 213 which requires the commission to submit its report on census to the President, who shall on the advice of the Council of State (all politicians) accept or reject the report. This provision clearly subjects the census figures to political considerations by this body of influential politicians. Ideally, the power to decide on the fate of the census should vest first in the National Population Commission (as is the case with the INEC in electoral matters) after the necessary demographic tests shall have been undertaken, and in case of complaint or objection to census figures, in the Census Tribunals set up by Decree 31 of 1991. Such power should include the cancellation of census figures in any such enumeration areas or districts that fail the given demographic tests, and the ordering of recount accordingly. On no account should the results for the whole country be cancelled simply because of irregularities and falsification of figures in some areas, however widespread this could be.

  However, this observation, like the former, is a constitutional issue and cannot be attended to without constitutional amendment.

  The National Population Commission Act (Cap 270 LFN, 1988)

  The responsibility for census vests in the National Population, established by the National Population Commission Act (Cap 270 LFN, 1988). This Act has undergone two separate amendments through Decree 31 (1991 ) and Decree 16 of 1999.

  Decree 31 (1991) amended sections 6, 9 and 10 of the Principal Act, and established Census Tribunals for the hearing of complaints and objections to census results. Decree 16 (1999) amended the Principal Act to accommodate the decision of the Federal Government contained in paragraph 22 of the white paper on Civil Service Reforms by making the director-general of the commission the accounting officer of the commission, and by assigning him the duty of assisting the chairman to ensure that all the rules and regulations relating to the management of the human, material and financial resources are adhered to in accordance with the objectives of the Federal Government.

  In addition to these two amending decrees, Decree 69 (1992) Birth, Etc. (Compulsory Registration) Decree mandates the National Population Commission to appoint a registrar-general to perform the duties of compulsory registration of births, deaths, etc. This function is provided for in paragraph 6(b) of the Principal Act and in paragraph 24(b) of item J of Part 1 of the Third Schedule to the 1999 Constitution. The same Constitution in item (i) of paragraph 1 of the Fourth Schedule to the 1999 Constitution (Functions of Local Government Councils) also empowers local government councils to register births, deaths and marriages. This may pose some jurisdictional conflicts; but once again, it is a constitutional issue that cannot be dealt with without constitutional review or amendment. Needless to say that this function, if performed properly by the commission in all the local governments of the federation, will generate cumulative figures over ten years that will be more accurate, and against which the figures deriving from adhoc conduct of census could be juxtaposed and tested for veracity and validity.

  The National Population Commission Act, as amendment, has some deficiencies deriving from the following sources:

   

• First, it was enacted and subsequently amended under military rule; and like most enactments under military, it contains clauses and usages that do not conform to democratic tenets;

   

• secondly, it ante-dates the 1999 Constitution and any clauses in it which may not be consistent with corresponding sections of the Constitution are unconstitutional and to that extent null and void. Any such clauses need to be brought in consistence with the provisions of the Constitution;

   

• thirdly, the Principal Act, as amended, like the Constitution, provides for a periodical census, but falls short of expressly prescribing the periodicity of the exercise. This leaves the issue of conducting census at the whims and caprices of politicians;

   

• fourthly, there is a problem with subordination of judicial powers to executive control in the manner of exercise of the powers of Census Tribunals created by Decree 31 (1991). This is inconsistent with the separation of powers granted in the 1999 Constitution.

  The forthcoming census

  The last census was conducted in 1991 in the last decade of the 20th Century. Exactly ten years after and at the beginning of a new decade, a new century, and a new millennium, Nigerians and indeed the entire country and the international community expect and await a census this year for the first time since 1963 under a democratically-elected government.

  The executive branch of government should, without further delay, reconstitute the National Population Commission and through a supplementary budget, appropriate and release sufficient funds to the commission for the exercise. The National Assembly should take the appropriate legislative initiative to update the National Population Commission Act, as amended, to:

   

• bring it in conformity with democratic tenets in general;

   

• divest it from any inconsistencies with the 1999 Constitution in particular;

   

• expressly determine the periodicity of census (every ten years), starting from 2001; and

   

• ensure that the outright rejection of census figures and cancellation of census by the executive, though provided for in the 1999 Constitution, is prevented.

  This is the kernel of this Bill. This distinguished Senate is hereby requested to support this Bill and pass it accordingly. In doing so, it is further requested to expedite action on it as the time left at the disposal of this administration is short indeed. The Senate may wish to consider the Bill in the committee of the whole in accordance with Rule 81(1) and (6) of our Rules.

  Furthermore, the distinguished Senate may wish to pass a resolution to the effect:

   

• that the executive arm of government reconstitutes the National Population Commission without further delay;

   

• that the executive arm of government, without delay, submits a supplementary budget to the National Assembly for sufficient funds to be made available to the commission for the exercise; and

   

• that the National Population Commission swings into full action forthwith.