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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