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SLGP Consultants’ Report Number 104 1 Slgp DFID CNTR: 00 0512A SLGP Consultants’ Report Number 104 (Original Number 153) Improving Inter-Governmental Collaboration and Coordination in National Delivery Process by Ike Osakwe and Martin Pierce October 2004 Table of Contents 1.0 SUMMARY ........................................................................................................ 3 1.1 Objectives ...................................................................................................... 3 1.2 Activities Undertaken ..................................................................................... 3 1.3 Findings ......................................................................................................... 3 1.4 Recommendations ......................................................................................... 4 2.0 INTRODUCTION ............................................................................................... 4 2.1 Background .................................................................................................... 4 2.2 History of Ministry of Inter-Governmental Affairs ........................................... 4 2.3 Institutional Reform and Strengthening of the Ministry .................................. 5 2.4 Proposed Restructuring of the Ministry .......................................................... 5 2.5 Rationale for this Support .............................................................................. 5 2.6 Objectives of the Scoping Study .................................................................... 6 3.0 APPROACH AND METHODOLOGY................................................................ 7 4.0 ISSUES AND FINDINGS .................................................................................. 7 4.1 Implementation of the Proposed New Structure for the Ministry .................... 7 4.2 Extent of MoIGA Presence Across States and LGAs .................................... 8 4.3 The Place and Scope of Legislation Anticipated............................................ 8 4.4 Interface with NEEDS .................................................................................... 8 4.5 Horizontal and Vertical Responsibilities ......................................................... 9 4.6 Recommended Sectors ................................................................................. 9 4.7 Pilot States ..................................................................................................... 9 4.8 Collaboration with Other Key Ministries ......................................................... 9 5.0 PROPOSED PLAN OF ACTION....................................................................... 9 5.1 Objectives for the Next Stage ...................................................................... 10 5.2 Composition of the Study Teams ................................................................. 10 5.3 Proposed Activities and Timescale .............................................................. 12 6.0 ACTION REQUIRED FROM MOIGA AND SLGP BEFORE START OF NEXT STAGE ....................................................................................................................... 13 6.1 MOIGA ......................................................................................................... 13 6.2 SLGP ........................................................................................................... 13

104 - formatted - SPARC Nigeria · 1.3 Findings A number of key issues were identified and, following discussions with MoIGA, the following main findings were arrived at:

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SLGP Consultants’ Report Number 104 1

Slgp

DFID CNTR: 00 0512A

SLGP Consultants’ Report Number 104 (Original Number 153)

Improving Inter-Governmental Collaboration and Coordination

in National Delivery Process

by

Ike Osakwe and Martin Pierce

October 2004

Table of Contents 1.0 SUMMARY ........................................................................................................ 3

1.1 Objectives ...................................................................................................... 3 1.2 Activities Undertaken ..................................................................................... 3 1.3 Findings ......................................................................................................... 3 1.4 Recommendations ......................................................................................... 4

2.0 INTRODUCTION ............................................................................................... 4 2.1 Background.................................................................................................... 4 2.2 History of Ministry of Inter-Governmental Affairs ........................................... 4 2.3 Institutional Reform and Strengthening of the Ministry .................................. 5 2.4 Proposed Restructuring of the Ministry .......................................................... 5 2.5 Rationale for this Support .............................................................................. 5 2.6 Objectives of the Scoping Study .................................................................... 6

3.0 APPROACH AND METHODOLOGY................................................................ 7 4.0 ISSUES AND FINDINGS .................................................................................. 7

4.1 Implementation of the Proposed New Structure for the Ministry.................... 7 4.2 Extent of MoIGA Presence Across States and LGAs .................................... 8 4.3 The Place and Scope of Legislation Anticipated............................................ 8 4.4 Interface with NEEDS .................................................................................... 8 4.5 Horizontal and Vertical Responsibilities......................................................... 9 4.6 Recommended Sectors ................................................................................. 9 4.7 Pilot States..................................................................................................... 9 4.8 Collaboration with Other Key Ministries ......................................................... 9

5.0 PROPOSED PLAN OF ACTION....................................................................... 9 5.1 Objectives for the Next Stage ...................................................................... 10 5.2 Composition of the Study Teams................................................................. 10 5.3 Proposed Activities and Timescale .............................................................. 12

6.0 ACTION REQUIRED FROM MOIGA AND SLGP BEFORE START OF NEXT STAGE ....................................................................................................................... 13

6.1 MOIGA ......................................................................................................... 13 6.2 SLGP ........................................................................................................... 13

SLGP Consultants’ Report Number 104 2

Slgp List of Annexes

Annex 1 Terms of Reference for Scoping Study (Phase 1) Annex 2 Draft Terms of Reference for Design Stage (Phase 2) Annex 3 Workplan for Design Stage Annex 4 Suggested Person Specifications for Consultants for Phase 2

Acronyms/Abbreviations DFID Department for International Development, United Kingdom

Government IEC Information, education and communication strategy LEEDS Local Economic Empowerment and Development Strategy LGA Local Government Area MDGs Millennium Development Goals MoIGA Ministry of Inter-Governmental Affairs, Youth Development and

Special Duties NEEDS National Economic Empowerment and Development Strategy NOA National Orientation Agency NPC National Planning Commission OPSR UK Office for Public Sector Reform PPPs Public/private partnerships SEEDS State Economic Empowerment and Development Strategy SLGP State and Local Government Programme ToRs Terms of Reference

SLGP Consultants’ Report Number 104 3

Slgp

1.0 SUMMARY

1.1 Objectives The purpose of this assignment is to carry out a preliminary scoping study to support the Honourable Minister of Inter-Governmental Affairs, Youth Development and Special Duties (MoIGA), Frank Nweke Jnr, in his determination to find ways of improving coordination and collaboration in service delivery provision in Nigeria. This preliminary stage has been set up to finalise an action plan and terms of reference for the design stage, which will involve in-depth assessments of four key sectors working at national, state and local levels in six states. The final phase will be an implementation stage with a recommended framework and models being applied on a pilot basis in each of the six states.

1.2 Activities Undertaken In order to fulfil the Terms of Reference (see Annex 1), the consultants carried out the following main activities:

• reviewed the role and responsibilities of MoIGA, together with the current restructuring programme being carried out;

• analysed the external environment relating to intergovernmental coordination of service delivery, including the NEEDS programme and other service delivery initiatives;

• held discussions with the Resident Consultant to the Honourable Minister and the Deputy Director (Policy) to ensure both congruity as this initiative unfolds and alignment with the restructuring of MoIGA;

• identified key issues and arrived at recommendations to inform the planning of the next stage.

1.3 Findings A number of key issues were identified and, following discussions with MoIGA, the following main findings were arrived at:

• the restructuring currently being carried out in MoIGA is crucial to the success of an enhanced role for MoIGA; it has been established that the implementation of the proposed new structure is a priority for the Honourable Minister and will be carried out in stages;

• the framework and models for intergovernmental coordination are intended to result in a lighter and more nimble involvement of federal government in coordinating service delivery provision;

• if, as is likely, there is a need for the MoIGA to be assigned more powers to play an effective role, the next stage will culminate in the drafting of appropriate policies or legislation to give authority to the powers required, following public consultation;

• little acknowledgement of the role of MoIGA is currently made in important and relevant initiatives, most pertinently NEEDS; it was agreed that the study teams should include an assessment of ways in which MoIGA can contribute to the success of the NEEDS initiative;

• whilst there is an invaluable role that MoIGA can potentially play in coordinating service delivery on a horizontal plane, between other ministries and parastatals, the primary emphasis will initially be placed on its more vertical coordination role across the three tiers of government.

SLGP Consultants’ Report Number 104 4

Slgp 1.4 Recommendations The following are the key recommendations resulting from this scoping study:

• an analysis of the opportunities presented by the NEEDS/SEEDS/LEEDS initiative should be incorporated as a critical addition to the original scope of this initiative

• the study team should include representatives from the four key ministries recommended for involvement – Education, Health, Water Resources and Works – and from the National Planning Commission (NPC), to maximise cooperation and the spread of information

• research should be carried out in one state from each geo-political zone ensuring a sensible balance between a variety of relevant factors; the states recommended are: Benue, Cross River, Enugu, Jigawa, Lagos and Borno.

• a ‘next stage’ assignment is recommended which will last a total of eight weeks; it will involve six representatives from government, seven consultants and utilise a total of approximately 430 person days, inclusive of the time committed by those who will be seconded from the ministries

• until the findings of the design stage begin to emerge the extent to which MoIGA requires additional legal and statutory powers to be effective will not be clear; terms of reference for the legal drafting stage will, therefore, await the conclusions of the field visits and the stakeholder workshop.

2.0 INTRODUCTION

2.1 Background By a letter dated 14th July 2004, the Honourable Minister of Inter-Governmental Affairs, Youth Development and Special Duties (MoIGA), Frank Nweke Jnr, wrote to DFID Nigeria requesting DFID’s financial assistance to enable the Ministry to hire a consultancy firm to undertake “a study to ascertain the effectiveness of organs set up to foster collaboration and coordination in the national service delivery process and to recommend ways of fostering more effective and efficient collaboration”. The DFID Head of Office, Nigeria, invited the State and Local Government Programme (SLGP) to respond to the Minister’s request. Following consultation with the Ministry two consultants, Ike Osakwe and Martin Pierce, with finance and legal backgrounds respectively, were contracted to undertake a scoping study as a first stage of the technical assistance requested by the Honourable Minister.

2.2 History of Ministry of Inter-Governmental Affairs The forerunner of the present Ministry was established in 1993 as the Ministry for States and Local Government Affairs to promote synergy and harmony in common areas of interest, amongst the three tiers of government – federal, state and local governments. The Ministry was charged with ensuring an effective and efficient approach in the management of intergovernmental relations and, as far as possible, reduce the areas of duplication, friction and gaps in service delivery amongst the three tiers of government. In 1995 there was a reorganisation of the federal cabinet which resulted in the loss of a cabinet seat for the Minister. In 2003 a substantive cabinet post was reinstituted, with the full title of Ministry of Intergovernmental Affairs and Special Duties. Since January 2004 the Ministry has been entrusted with the additional responsibility of Youth Development.

SLGP Consultants’ Report Number 104 5

Slgp The current mandate of the Ministry, in the words of the Honourable Minister, is “To encourage coordination and collaboration in areas of common interest amongst the three tiers of government, in order to ensure efficient and effective service delivery to Nigerians”.

2.3 Institutional Reform and Strengthening of the Ministry Since June 2004 a team of consultants from KPMG Professional Services has been assisting MoIGA in conducting an organisation redesign to strengthen the Ministry in order to effectively carry out its mandate. Three reports have so far been published, an Inception Report and two Interim Reports and a final report is awaited. One conclusion of the KPMG team is that

“A review of the organisation structure of the department reveals that the current structure supports the functions of the department; however, because some of the functions of the department are not aligned with the mandate of the Ministry there is a need to refine the structure of the department to ensure complete alignment with the new mandate of the Ministry with respect to intergovernmental affairs.” (p.13, First Interim Report)

2.4 Proposed Restructuring of the Ministry The recommended restructuring which has particular relevance to this project relates to the merging of two current Departments, States Affairs and Local Government Affairs, into the Intergovernmental Affairs Department, with three new Divisions: ‘Intergovernmental Collaboration’, ‘Policy Analysis and Advocacy’ and ‘Capacity Building’. The functions of the Intergovernmental Affairs Department are identified as follows:

• provide strategic and policy advice; • review and analyse policies, programmes and legislation; • identify, recommend and facilitate the delivery of effective/optimal solutions to

emerging issues; • provide awareness and drive information sharing on important issues and

initiatives; • facilitate training and provision of technical assistance in the area of capacity

building to States and Local Government employees; • coordinate intergovernmental and inter-agency relations amongst the three tiers; • articulate and develop a framework to facilitate the selection process for the siting

of Federal Government priority programmes (e.g. HIV/AIDS prevention programme);

• oversee the monitoring of selected priority federal-funded projects; • act as a secretariat for relevant intergovernmental fora/committees, and provide

support services in the areas of planning and conduct of intergovernmental meetings where required.

2.5 Rationale for this Support Whilst the Honourable Minister has taken steps to strengthen the internal functioning of his Ministry, the external environment within which it operates does not serve to optimise the contribution the Ministry can make to an improvement of the service delivery process in Nigeria.

SLGP Consultants’ Report Number 104 6

Slgp From the discussions held with the Ministry, the findings of the KPMG report and the following words of the Honourable Minister himself, it is clear that existing agencies and structures “have had limited success in ensuring collaboration and integration of interdependencies in service delivery amongst the different tiers of government, as several duplications, frictions and overlaps still exist in government’s service delivery machinery.” That there is an urgent need to improve co-ordination of the service delivery process is in little doubt. Aside from the various reports, this priority has been fully articulated in the draft National Economic Empowerment and Development Strategy (NEEDS) document that has been circulated for comment, and in the report from the UK Office for Public Service Reform (OPSR) entitled ‘Delivering Service in Nigeria: A Roadmap’. Given this identified gap in the coherent, integrated and effective collaboration of service delivery processes and the urgent need for improvement in this area, both vertically through the three tiers of government and horizontally across other ministries and over 400 parastatals, the clear challenge is how best to ensure cooperation, harmony and accountability where there are interdependencies in the functions of government agencies. The call for greater clarity and coherence is also pertinent to those systems and structures designed to have an oversight and coordinating role in the delivery of services. MoIGA has a clear mandate in this respect, and yet it is little mentioned as an available resource in the major studies addressing these issues. In the meantime other structures are being developed to address the frictions, duplications and gaps in service provision, such as those within the NEEDS framework, which may lead to greater confusion in the roles of various oversight bodies unless an attempt at coherence is made in the near future. For this reason it is timely that the Honourable Minister has called for a study “to ascertain the effectiveness of organs set up to foster collaboration and coordination in the national service delivery process and to recommend ways of fostering more effective and efficient collaboration.” The intention, as has been made clear in our discussions at the Ministry, is to clarify and rationalise the coordinating responsibilities, thus ensuring that government at federal level is more nimble. The intention is explicitly not to expand the present scope of federal powers.

2.6 Objectives of the Scoping Study In response to the request of the Honourable Minister, SLGP has recommended that the study be carried out in three stages:

• a scoping study to determine a detailed plan of action based on the requirements of the Honourable Minister’s letter of 14th July 2004;

• a design stage, concluding with the development of a draft policy or bill to guide intergovernmental collaboration and define roles, responsibilities and powers;

• an implementation stage which aims to obtain stakeholder support and roll out pilot schemes of the proposed collaboration framework in a number of states.

This report covers stage one of the initiative. Accordingly, the aims of this scoping mission are to:

• carry out a summary review of the existing structure of MoIGA; • identify and reach agreement on which focal ministries to involve and sample

from; • develop a timetable for the design stage of this assignment;

SLGP Consultants’ Report Number 104 7

Slgp • develop detailed terms of reference for the next stage assignment and agree

them with the Honourable Minister and the Ministry; • make suggestions on what next steps will be needed to move the initiative

forward. The Outputs required from this scoping mission are:

• a detailed draft plan which spells out clearly what shape and direction the input should take;

• agreement with the Honourable Minister on the terms of reference for the next stage;

• agreement on the key ministries and states to be part of the initial work; • a report, together with details of the indicative cost of the proposed intervention.

See Annex 1 for the full Terms of Reference.

3.0 APPROACH AND METHODOLOGY In the course of this scoping study the consultants undertook the following processes:

• read background material to understand the current roles, responsibilities and powers of MoIGA;

• considered the external environment as well as the internal capacity of MoIGA in relation to this initiative;

• identified and noted the key issues arising on this assignment (see Section 4.0) • discussed the key issues and proposed approach with the Ministry in order to

establish congruity in the direction proposed; • noted the comments of the Ministry and integrated them into a draft report and

Terms of Reference (ToR); • submitted the draft report and ToR to SLGP and the Honourable Minister for

comment; • following receipt of feedback, finalised the report and ToR for the next stage.

4.0 ISSUES AND FINDINGS The proposed assignment is a formidable one in the sense that it will try to address a number of particularly intractable problems in government, whilst trying to work with the full cooperation of all parties involved. The design of the assignment will have to consider any available antecedents, and have a good feel for what is achievable as well as where the Ministry wants to go. In the light of this, a number of key issues were identified and discussed with the Honourable Minister and his Resident Consultant responsible for Programmes and initiatives, Mr Chioma Nwobi. These are presented below, along with those conclusions that have informed the design of the next stage of this initiative:

4.1 Implementation of the Proposed New Structure for the Ministry The restructuring of MoIGA, as outlined in the KPMG reports, is predicated on the mandate and functions of the Ministry. It is clear that the restructuring will make heavy demands on the human resources available to the Ministry. Accordingly, it has been confirmed that the restructuring will be carried out in stages. Hopefully, this staged implementation will be able to deliver a Department of Inter-Governmental Affairs which has the capacity, at least, to undertake the responsibilities that will be required in the implementation of the pilot stage of this initiative.

SLGP Consultants’ Report Number 104 8

Slgp It is important to note that the way that implementation takes place will determine the effectiveness of the new Department of Inter-Governmental Affairs and, in turn, the success of this initiative, which has always been intended to run in parallel with the restructuring.

4.2 Extent of MoIGA Presence Across States and LGAs One option facing the Ministry, if it is to fill the gaps currently existing in the oversight of service delivery processes, is to increase its physical presence in all three tiers of government. This would be an expensive option, and one that would leave the Ministry unwieldy and in danger of exacerbating some of the problems it intends to solve, especially given the presence of federal bodies such as the National Planning Commission (NPC) and the National Orientation Agency (NOA) which already have a cross-tier structure and some responsibilities in overseeing service delivery provision. As has been noted the Ministry requires a solution that leaves its operations light, nimble and largely inexpensive to operate, given the challenges that lie ahead. Fresh solutions are also required, including the possibility of further development of public/private partnerships (PPPs).

4.3 The Place and Scope of Legislation Anticipated In the original letter to DFID from the Honourable Minister one stated objective is to ‘develop a draft policy/bill that would guide intergovernmental collaboration’. One possible direction for this initiative is to take a ‘top down’ approach – to review all the shortcomings in service delivery across government and to design a comprehensive framework, policy and, ultimately, legislation which would serve to replace existing provision with a new, overarching framework, informed by models found successful in other federations. The alternative, which is consistent with the Honourable Minister’s instructions, is to pursue a more low-profile, pragmatic approach – to select key sectors and programmes and demonstrate visibly how MoIGA can successfully carry out its role of improving coordination and collaboration. In this latter case, which is the recommended option, legislation or other means of allocating necessary powers, such as Presidential directives, may need to be framed and approved to ensure MoIGA is recognised to have sufficient authority to exercise its mandate and functions. It was also agreed that the Ministry would need to include some process of public consultation in order to expand the coalition of support for a much more active role for the Ministry and the development of appropriate policies or legislation.

4.4 Interface with NEEDS It is noted that in the reports emanating from KPMG on the functions of MoIGA there is only one fleeting reference to NEEDS. Similarly, there is no mention at all of MoIGA in the NEEDS consultation document or in the recent OPSR report on service delivery in Nigeria. This is a strange anomaly given the central and natural role that the Ministry could play in the NEEDS initiative. The Honourable Minister summarised both the anomaly and the potential contribution of the Ministry in his letter to the Chief Economic Adviser to the President as part of the NEEDS consultation process. In this response the Honourable Minister stressed that the problem is not so much the absence of a coordinated national plan, but the failure of different components to implement plans. He also made it clear that he sees the role of MoIGA as a political one complementing the planning function of the NPC. There is clearly a valuable contribution the Ministry can make to the NEEDS process and the challenge is to find appropriate entry points that complement and strengthen existing provisions.

SLGP Consultants’ Report Number 104 9

Slgp 4.5 Horizontal and Vertical Responsibilities MoIGA’s role is mainly represented as one that focuses on the three tiers of government, i.e. the vertical lines. Equally critical is the coordination of service delivery across the other government Ministries and parastatals. However, as there are a range of mechanisms and structures that already focus on the overlaps, gaps and frictions that exist on the horizontal plane, it is assumed that the primary focus of this study will be on the desired improvements in the coordination of service delivery provision across the tiers of government, at federal, state and local levels.

4.6 Recommended Sectors It is proposed that this study should be limited to a direct focus on four sectors across the tiers of government. This should provide adequate coverage (sample size), whilst still remaining small enough to be manageable. Specific sectors have been picked with the following considerations:

• sectors with a pro-poor bias • sectors with a Millennium Development Goal (MDG) focus • sectors which will easily throw up commonly recognisable issues which directly

affect everyday life. Four specific sectors fit the above criteria neatly. These are Education, Health, Water (particularly potable water) and Roads. They are therefore proposed as sectors in which the next, design stage of the assignment should work. In addition, there will be a need to cover those issues which arise from the Ministry’s natural coordinating role within the NEEDS programme.

4.7 Pilot States It is suggested that the study team should visit six states, one in each geo-political zone, for both the design and the implementation stages of this initiative. In view of the logistical and information support that will be available, there is much to be gained by visiting states in which DFID already has a significant presence. The states proposed to be included in this study are: Benue, Cross-River, Enugu, Jigawa, Lagos and Borno.

4.8 Collaboration with Other Key Ministries MoIGA acknowledges that this initiative relies on the support of key Ministries and has undertaken to write to specific Ministries and State Governments that will be involved in the proposed sampling/design exercise in order to inform them of what is planned. In addition, MoIGA has agreed to request that a representative from each of the Federal Ministries concerned (i.e. Education, Health, NPC, Water Resources and Works) join the study team during the course of the field visits that need to be made.

5.0 PROPOSED PLAN OF ACTION As mentioned previously this study will be completed in three stages:

• a scoping study, which concludes with this report and ToR for the next stage • a sampling/design stage which is designed to lead up to the drafting of a policy or

legislation • an implementation stage which will roll out pilot schemes in six states.

SLGP Consultants’ Report Number 104 10

Slgp This plan of action is being proposed to cover the design stage up to the point where pilot initiatives have been developed for roll-out. It will not, however, include the legal drafting component as it is not yet clear what kind of powers are specifically required to be added to those already existing in MoIGA and how those powers should be given the authority necessary for them to be effective (e.g. through policy, presidential directive, statutory instruments or legislation).

5.1 Objectives for the Next Stage Using selected programmes and sectors as baseline models of intergovernmental collaboration the study team will investigate the structures and systems that currently operate to coordinate service delivery provision across the three tiers of government, identifying examples of good practice as well as the overlaps, gaps and frictions that inhibit collaboration. It will collate its findings and make proposals for improved coordination, including the steps necessary to invest MoIGA and other coordinating bodies with effective powers to implement the recommendations. More specifically the study team will:

• research models for coordination in other Federations and identify those that have relevance to Nigeria;

• visit key ministries at the federal level and selected ministries and LGAs in six states;

• identify the existing scope and functions of bodies that currently have the responsibility of coordinating service delivery provision;

• synthesise the findings, incorporating identified ‘best practice’ solutions, and present these at a dissemination/stakeholder workshop;

• make proposals for improved coordination and identify those powers that are required to effect any changes;

• recommend a process for enshrining those powers with the political and legal authority where necessary to ensure the required impact;

• develop a series of models and options for more effective and integrated national planning and intergovernmental collaboration and cooperation among the three tiers of government in Nigeria, taking into consideration the peculiarities of the country’s political and socio-economic environment;

• identify benchmarks and an appropriate monitoring and evaluation strategy for the implementation stage;

• develop an information, education and communication (IEC) strategy to facilitate the next stage;

• produce a report which identifies the processes and justifications for the recommendations;

• write draft ToR for the implementation stage of this initiative.

5.2 Composition of the Study Teams It is proposed that four teams are assembled under the leadership of an overall team leader. Each team will focus on separate sectors and states, as well as identify general issues relevant to the objectives identified above. Each team will also include representatives of key ministries to enhance the specialist knowledge required as well as to enable a transfer of information and skills to the individual ministries.

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Slgp The following table identifies the proposed composition and roles for the teams:

Team Positions Roles Sectors States

1 International/national team leader

International/national expert

Representative from MoIGA

Representative from NPC

• Coordination • Continuity • Review of

NEEDS/SEEDS/ LEEDS

• NEEDS • SEEDS • LEEDS

2 International/ national expert

National level consultant

Representative from M. of Health

Representative from M. of Education

Review of: • Federal Ministries• State Ministries • LGAs

• Health • Education • General at

state level

3 International/national expert

National level consultant

Representative from M. of Water Resources

Representative from M. of Works

Review of: • Federal Ministries• State Ministries • LGAs

• Water • Roads • General at

state level

To be allocated by MoIGA

Benue

Cross River

Enugu

Jigawa

Lagos

Borno

4 Nigerian constitutional lawyer

• Scoping existing powers

• Legal drafting

All Federal

level

A table identifying some of the skills, knowledge and experience required of the consultants is attached in Annex 4.

SLGP Consultants’ Report Number 104 12

Slgp

5.3 Proposed Activities and Timescale For a visual representation of the timescale for the next stage please refer to the Workplan in Annex 3. A detailed breakdown of the anticipated timescale and main activities for this next stage is as follows: In week 1, team 1 will arrive in Abuja to:

• establish contact and make introductions to the Honourable Minister and MoIGA • review background papers and commence review of replicable frameworks from

other federations • reconfirm meetings and logistical arrangements at federal, state and local levels

In week 2, teams 2 and 3 will join team 1 for:

• team briefings and planning meetings • visits to Federal Ministries

In weeks 3 and 4, teams 1, 2 and 3 will:

• visit states and LGAs to identify both sector specific issues and general issues across the board

• meet with state ministries and relevant parastatals • identify areas of frictions, gaps and overlaps • consider suggested options and recommended solutions

In week 5, all three teams will return to Abuja to:

• review and document their findings • analyse the findings and issues • identify what is working well and the common gaps, overlaps and frictions • consider and incorporate best practice experience from other federations • discuss options and recommendations for solutions to problems found • identify new powers required for MoIGA and other coordination bodies • prepare to present findings and recommendations to a stakeholder workshop

In week 6 all teams, (including team 4 for part of the week), will:

• prepare for and attend the stakeholder workshop • incorporate feedback from the workshop and complete the separate sections of

the draft report • develop a series of models and options as solutions to address the problems in

intergovernmental coordination • identify what powers need further authority to be effective • attend a debriefing meeting

In week 7, teams 1 and 4 between them will:

• refine the recommended models and options for implementation as pilots in the next stage

• agree a monitoring and evaluation strategy for the implementation stage • develop an IEC strategy to build the coalition of support for the recommendations • agree the steps to be taken to complete the policy/legislation component, and

make a start on drafting appropriate provision • finalise the draft report • submit the draft report to MoIGA and SLGP, including ToR for the legal drafting

stage, if required, and implementation stage

SLGP Consultants’ Report Number 104 13

Slgp After sufficient time has been agreed for the MoIGA and SLGP to respond with their comments, a further week (8) will be required for Teams 1 and 4 to:

• incorporate feedback and finalise the report • finalise ToRs for the implementation phase • draft the appropriate policy and legislation to present to MoIGA for further action.

The assignment as described is, therefore, a very inclusive process which allows a significant amount of input from all organisations within the perceived stakeholder community. This should go a long way to engender support for what will be a sensitive initiative in so far as it attempts to smooth the frictions currently arising in intergovernmental relationships.

6.0 ACTION REQUIRED FROM MOIGA AND SLGP BEFORE START OF NEXT STAGE

Following the completion of this scoping stage and the submission of the report and ToRs for the design stage, certain steps will need to be taken by MoIGA and SLGP in order to move the process forward to a point where the next stage can reasonably commence. Specifically, the activities within the Ministry which relate to communicating with, and eliciting support from, other ministries and state governments will require careful management as it is probably the task that should be addressed first and on which all the rest depends. The main steps that will need to be taken next are identified as follows:

6.1 MOIGA • approve final report and ToR for design stage • agree start date with SLGP • reach agreement on the list of sectors and states, and inform SLGP • write to ministries in the selected sectors, including the NPC, informing them of

this study and requesting cooperation and identification of appropriate staff members to be included in the teams

• write to states and LGAs to inform them of this initiative and to request cooperation with the visiting teams

• identify MoIGA representative for team 1 • reserve appropriate meeting rooms for the teams in weeks 1 and 2.

6.2 SLGP • approve report and ToR with MoIGA • agree funding with DFID for next stage • identify and recruit suitable team leader and other consultants • agree start date with MoIGA • make logistical arrangements for accommodation for consultants.

SLGP Consultants’ Report Number 104 14

Slgp Annex 1

Terms of Reference

Improving Intergovernmental Collaboration and Coordination in National Service

Delivery Process Background The State and Local Government Programme was designed in early 2000, a year after the new democratic elected government in Nigeria, and in the context of DFID’s Country Strategy developed in the same year. In 2003 DFID revised its CSP and now has an Interim Country Assistance Plan (I-CAP). Recent reviews of SLGP and other DFID programmes have been conducted in the context of the new I-CAP, and the Joint Inception Review (JIR) recommended changes in the design of these programmes. The JIR recommends that SLGP be re-focused to improve its flexibility (so it can engage in a variety of States) and that it should become DFID’s major short to medium term vehicle for supporting the National Economic Empowerment and Development Strategy (NEEDS) and the State Economic Empowerment and Development Strategy (SEEDS) policy initiatives as well as any reform agenda that contributes greater efficiency in service delivery and also to the overall achievement of the millennium development goals (MDG). In the near future it is proposed also that technical assistance for reform would also be made available to the Local Economic and Environmental Protection Strategy (LEEMPS). With institutional reform as a key focus in the heart of LEEMPS, SEEDS and NEEDS, the State and Local Government Programme has provided support to a number of government institutions at various levels. It is important also to note that as a federated nation, Nigeria operate a 3-tier government structure vis-à-vis the federal, state and local governments. SLGP is currently working in four states but this is going to change both in volume and direction in the months ahead. The major thrust of this would be working closely with the federal structures to achieve greater reform and support policy agenda that pushes forward the reform initiatives. The Ministry of Intergovernmental Affairs and Special Duties At the heart of the present democratically elected government is reform in all its ramifications. The Ministry of Intergovernmental Affairs and Special Duties (MoIGA) is in theory charged with the responsibility of creating synergy amongst all government agencies involved in the effort towards better service delivery. In practice inter-government relationship is at best none existent and at worst competitive in the way they struggle for resources. Instances abound of complete lack of communication and cooperation amongst these ministries. With this scenario contributing to the poor delivery of services, the new Minister for Intergovernmental Affairs and Special duties opined that the ministry could do better with some technical support that focuses on institutional reform and general overhaul of the existing structure. As it stands there are possibilities that this intervention might include streamlining or right sizing the numerous parastatals attached to the ministry, reviewing existing communication strategy and feedback mechanisms amongst ministries or designing one outright where there is none as well as suggest ways of implementing a workable coordination strategy that directly impact on efficient service delivery .

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Slgp MoIGA could be an important player in the overall drive towards improved service delivery and general efficiency within the civil service when it has gone through the structural change that is currently plans. It is an encouraging fact to note that the ministry itself requested for this technical assistance from DFID to which we are responding. MoIGA is therefore among the federal establishments to benefit from the Department for International Development (DFID) of the United Kingdom Government sponsored technical assistance programme through the State and Local Government Programme (SLGP) projects. SLGP is providing a package of short term support to the Ministry to achieve an initial programme of institutional reform. The planned development assistance package to MoIGA includes a critical review of its existing structure and performance in relation to service delivery and its core objectives. It is hoped that when completed this initial exercise would among other things improve the performance and the capacity of MoIGA to play more important role in service delivery. The Assignment As a first step towards achieving the objectives of this input, SLGP plans to do a scooping mission. The aim of this mission would, amongst other things:

• Seek to understand working of the existing structure of MoIGA • Map out the extent of the ministries to be included • Set aside the focal ministries to start with • Come up with a timetable of the whole exercise • Agree the terms of reference with the honourable Minister and the ministry • Suggest next step to moving the input forward

Specifically, following the review of existing documentation on MoIGA, discussions with the honourable Minister and all relevant stakeholders, the consultant shall focus on making a plan that would address the following areas:

• Strengthening of Existing Framework for Intergovernmental Collaboration and Co-operation

o Identify sectors/programmes that have existing structures/framework for intergovernmental co-operation in national service delivery amongst the three tiers of government

o Using selected programmes/sectors as baseline models of intergovernmental collaboration, review areas of common/integrated planning and programme delivery among the tiers of government and determine why problems of overlap and poor coordination still exist despite efforts at collaboration

o Determine whether the current organs and initiatives aimed at collaboration and intergovernmental cooperation are properly structured/constituted to achieve the set objectives

o Conduct best practice research on ways to deal with identified gaps (primarily process and structural) in intergovernmental cooperation and collaboration as well as approaches and measures that have been adopted in order federations to enhance integrated planning and collaboration in the national service delivery process

o Develop various options and models for more effective and integrated national planning and intergovernmental collaboration/cooperation among the three tiers of government in Nigeria taking into account the peculiarities of the country’s political and socio-economic environment

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Slgp o Develop a draft policy/bill that would guide intergovernmental

collaboration

• Intergovernmental Reform Implementation Support Following the design of options and models for strengthening intergovernmental cooperation, the MoIGA will require assistance in facilitating the implementation of the recommended frameworks/structures in order to deliver improved, more effective and integrated programmes and services across the three tiers of government. To this end the consultants will be expected to assist in:

o The development of an implementation strategy and plan for the roll-out of the model intergovernmental cooperation frameworks in selected sectors among the three tiers of government

o Provision of support in obtaining stakeholder buy-in to reform initiative o Facilitating the roll-out of pilot schemes of the new collaboration

framework in selected states across the federation (with at least one state in each of the 6 geopolitical zones of Nigeria)

o Conduct a post implementation review to assess and evaluate the implementation effort and feedback results into improvement initiatives on the collaboration framework.

Outputs Phase 1 It is expected that at the end of this first initial input, the consultants shall deliver the following outputs:

• A draft plan to spells out clearly what shape and direction this input should take. This plan would also identify the strategy for delivering the objectives of the second phase listed below and identify other technical expertise that might be required for further support

• Agreement with the ministry on the terms of reference • Agreement on the key ministries and states to be part of the initial work • Come up with criteria for selecting the initial states and ministries • Setting benchmarks against which reform agenda could be monitored in future • Give an indicative figure of how much this intervention might cost financially and

time wise • A report that details the indicative cost of the proposed intervention

Phase 2 The second phase shall seek to achieve the following objectives;

• draft policy/bill that would guide intergovernmental collaboration • Suggestion of a practical framework for intergovernmental collaboration and

cooperation that can advance the implementation of the Federal government reform initiative, NEEDS/SEEDS/LEEMP etc.

• A clear timetable or action-plan for reform as an annex to the main report and an agreement on the next step with MoIGA and SLGP

• A strategy for monitoring and evaluating progress of reform • Produce a written report following the SLGP standards.

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Slgp Phase 3 The third phase of this work will be the implementation stage. The consultants would be expected to provide support to MoIGA as it goes through the stage of implementing the strategy in Phase 2. Specifically following the design of options and models for strengthening intergovernmental cooperation and collaboration, the MoIGA will require assistance in facilitating the implementation of the recommended frameworks/structures in order to deliver improved, more effective and integrated programmes and services across the three tiers of government. In this regard, the consultants would be required to deliver the following outputs for Phase 3:

• Develop an implementation strategy and plan for the roll-out of the model intergovernmental cooperation frameworks in selected sectors among the 3 tiers of government

• Assist and provide support in obtaining stakeholder buy-in to reform initiatives • Facilitate the roll-out of pilot schemes of the new collaboration framework in

selected states across the federation (with at least one state in each geopolitical zone – there are six geopolitical zones altogether)

• Conduct post implementation reviews to assess/evaluate the implementation effort and feedback results into improvement initiatives on the collaboration framework.

• A report documenting the process, outcome, lessons learned and future framework for expansion

Duration of Engagement Please note that the terms of reference would provide a timeframe for the first phase only as a starting point. The second and third phase schedule would be agreed after the first phase of the input has been conducted. The consultants input for phase one output will be as follows: Consultant Preparation Travel Field Reporting Total

Martin Pierce 2 2 10 2 16Ike Osakwe 2 1 10 2 15

It is expected that the input would start from 20th September 2004 for up to 16 days. Should the consultants require additional days to complete the scoping exercise outside the time allocated, this has to be agreed with the Programme coordinator. The consultant shall report directly to Mr. Neil Orchardson – the Programme Coordinator for SLGP. A draft report shall be submitted two weeks after the input. MoIGA and SLGP would send back comment within two weeks of getting the draft policy and report. The consultants will submit the final report incorporating the agreed changes and comments within one week of getting these from SLGP/MoIGA. Where necessary the consultant might agree a slightly different arrangement for the submission of report with the Programme Coordinator or his assignee.

SLGP Consultants’ Report Number 104 18

Slgp Annex 2

Draft Terms of Reference

Improving Intergovernmental Collaboration and Coordination in National Service

Delivery Process – Design Stage (Phase 2)

Background The State and Local Government Programme (SLGP) was designed in early 2000, a year after the new democratic elected government in Nigeria, and in the context of DFID’s Country Strategy developed in the same year. In 2003 DFID revised its CSP and now has an Interim Country Assistance Plan (I-CAP). Recent reviews of SLGP and other DFID programmes have been conducted in the context of the new I-CAP, and the Joint Inception Review (JIR) recommended changes in the design of these programmes. The JIR recommends that SLGP be re-focused to improve its flexibility (so it can engage in a variety of States) and that it should become DFID’s major short to medium term vehicle for supporting the National Economic Empowerment and Development Strategy (NEEDS) and the State Economic Empowerment and Development Strategy (SEEDS) policy initiatives as well as any reform agenda that contributes greater efficiency in service delivery and also to the overall achievement of the millennium development goals (MDG). With institutional reform as a key focus of LEEDS, SEEDS and NEEDS, the State and Local Government Programme has provided support to a number of government institutions at various levels. It is important also to note that as a federated nation, Nigeria operates a three-tier government structure vis-à-vis the federal, state and local governments. SLGP is currently working in four states but this is going to change both in volume and direction in the months ahead. The major thrust of this would be working closely with the federal structures to achieve greater reform and support policy agenda that pushes forward the reform initiatives. Ministry of Intergovernmental Affairs, Youth Development and Special Duties Reform in all its ramifications is at the heart of the present democratically elected government. The Ministry of Intergovernmental Affairs, Youth Development and Special Duties (MoIGA) is charged with the responsibility to ‘encourage coordination and collaboration in areas of common interest amongst the three tiers of government, in order to ensure efficient and effective service delivery to Nigerians.’ This responsibility is not made easier with the exclusion, thus far, of a significant role for MoIGA in major key national initiatives, such as the NEEDS programme and other service delivery initiatives of the Federal Government. MoIGA can be an increasingly important player in the overall drive towards improved service delivery and general efficiency within the civil service after it has gone through the structural change that is currently being carried out under a separate initiative. This input of technical assistance complements the internal restructuring of the Ministry by focusing on the external environment of service delivery provision and identifying the roles, responsibilities and powers that MoIGA can bring to improved service delivery across the three tiers of government. It is an encouraging fact to note that the Ministry itself requested this technical assistance from DFID to which we are responding.

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Slgp MoIGA is, therefore, among the federal establishments to benefit from the Department for International Development (DFID) of the United Kingdom Government sponsored technical assistance programme through the State and Local Government Programme (SLGP) projects. The Assignment Scoping study completed (Phase One) The original request to DFID from the Honourable Minister was for “support to embark on a study to ascertain the effectiveness of organs set up to foster collaboration and coordination in the national service delivery process and to recommend ways of fostering more effective and efficient collaboration”. As a first stage, in October 2004, SLGP brought two consultants together to carry out a scoping study to:

• Seek to understand the mandate, functions and structure of MoIGA • Review the external environment as well as the internal capacity of MoIGA in

relation to service delivery provision • Identify key issues and agree a proposed approach for the next stage • Recommend the ministries and states to be included in the design and pilot

stages • Identify inputs required and likely timetable • Agree these terms of reference with the Honourable Minister and the Ministry • Suggest next steps to moving the input forward.

Design stage (Phase Two) Following agreement with the Honourable Minister the report of the scoping study was finalised, and the following tasks were identified for this next stage of the initiative:

• Using selected programmes/sectors as baseline models of intergovernmental collaboration, review areas of common/integrated planning and programme delivery among the tiers of government and determine why problems of overlap and poor coordination still exist despite efforts at collaboration

• Determine whether the current organs and initiatives aimed at collaboration and intergovernmental cooperation are properly structured/constituted to achieve the set objectives

• Conduct best practice research on ways to deal with identified gaps (primarily process and structural) in intergovernmental cooperation and collaboration as well as approaches and measures that have been adopted in other federations to enhance integrated planning and collaboration in the national service delivery process

• Develop various options and models for more effective and integrated national planning and intergovernmental collaboration/cooperation among the three tiers of government in Nigeria taking into account the peculiarities of the country’s political and socio-economic environment

• Develop a draft policy/bill, as appropriate, that would guide intergovernmental collaboration

• Based on its findings, agree an implementation strategy and plan for the roll-out of the next stage.

Pilot Implementation stage (Phase Three) It is intended that, following the design of options and models for strengthening intergovernmental cooperation and collaboration, the various options and models identified will be piloted by MoIGA, with further technical assistance for:

• Assisting in obtaining stakeholder buy-in to the reform initiative

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Slgp • Facilitating the roll-out of pilot schemes of the new collaboration framework in

selected states across the federation (with at least one state in each of the 6 geopolitical zones of Nigeria)

• Conducting a post implementation review to assess and evaluate the implementation effort and feedback results into improvement initiatives on the collaboration framework.

Outputs and Activities Phase 2 In this second phase the study team will investigate the structures and systems that currently operate to coordinate service delivery provision across the 3 tiers of government, identifying examples of good practice as well as the overlaps, gaps and frictions that inhibit collaboration. It will collate its findings and make proposals for improved coordination, including the steps necessary to invest MoIGA with the powers needed to implement the measures and framework recommended. More particularly the study team will:

• Research models for coordination in other federations and identify those that have relevance to Nigeria

• Visit key ministries at the federal level and selected ministries and LGAs in 6 states

• Analyse ways in which MoIGA can contribute to the effective implementation of the NEEDS/SEEDS and LEEDS programme

• Identify the existing scope and functions of government bodies that currently have the responsibility of coordinating service delivery provision

• Collate its findings and present these at a dissemination workshop • Finalise proposals for an improved framework and model for intergovernmental

coordination, based on the findings of the fieldwork • Make recommendations on issues which it is felt should be backed by

appropriate legislation and/or government regulations • Identify benchmarks and an appropriate monitoring and evaluation strategy for

the implementation stage • Develop an information, education and communication (IEC) strategy for the

next stage • Agree a plan of action for the next stage incorporating the findings and

recommendations arrived at • Produce a written report in line with SLGP standards which identifies the

processes and justifications for the recommendations • Write draft ToRs for the final stage of this initiative, and, if required, for the legal

drafting process. Duration of Engagement: For more details please refer to the workplan contained in the Report of the scoping stage. Depending on the conclusions arrived at about the type and scope of legal drafting required, ToRs for the second part of this design stage will need to be completed and agreed for any further inputs of the legal expert.

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Slgp An indicative assessment of the consultants’ inputs for the second phase output, based on a six day working week, is as follows:

Consultant Preparation Travel Field Total Team leader 2 4 48 54National level consultant – team 1 1 2 48 51International level consultants (x2) 1 2 30 33National level consultants (x2) 1 2 30 33Nigerian lawyer and drafting expert 1 2 12 15

It is expected that the input would start from early January 2005 for up to seven weeks for the first part of the next stage. Should the consultants require additional days to complete this stage outside the time allocated, this has to be agreed with the Programme Coordinator – Mr Neil Orchardson, to whom the consultant will be ultimately reporting. A draft report shall be submitted before the end of the input. MoIGA and SLGP would send back comments within two weeks of getting the draft policy and report. The consultants will submit the final report incorporating the agreed changes and comments within one week of receiving these from SLGP/MoIGA. Where necessary the consultant might agree a slightly different arrangement for the submission of report with the Programme Coordinator or his assignee. Background Papers

• Institutional Reform and Strengthening of Ministry of Intergovernmental Affairs KPMG Advisory Services Inception Report – July 2004

o First Interim Report: Current State Assessment - August 2004 o Second Interim Report: Organisation Design and Responsibility

Definition - September 2004

• Nigeria: National Economic Empowerment and Development Strategy NEEDS

o January 2004 Zero Draft

• Delivering Service in Nigeria : A Roadmap Report by Wendy Thomson, OPSR – Office for Public Sector Reform, UK

• Letter to William Kingsmill from Honourable Minister dated 14th July 2004

• Letter to Prof. Charles Saludo, The Chief Economic Adviser to the President, National Planning Commission from the Honourable Minister (undated) – The role of the Ministry of Inter-governmental Affairs and Special Duties in the implementation of NEEDS

• Letter to the Economic Adviser to the President, dated 26th March 2004, from Honourable Minister – Comments and suggestions on the zero draft of NEEDS document

Annex 3

Workplan for Design Stage

Week No.Planning, setting meetings, best practice researchTeam 1Team 2Team 3

Arrival, initial briefings, planningTeam 1Team 2Team 3

Reviews at Abuja federal ministriesTeam 1Team 2Team 3

Visit to Various States (2 per team)Team 1Team 2Team 3

Review of findings in Abuja, & dissemination workshopTeam 1Team 2Team 3Legal Team

Report Completion, submission and finalisationTeam 1Legal Team

two weeks

Scoping Study for MoIGA - Proposed Workplan for Stage 2 Assignment

1 2 3 4 7 8

more than

5 6 9 10

Time forConsultation

May last

11

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SLGP Consultants’ Report Number 104 23

Slgp Annex 4

Person Specification for Key Posts

Skills, knowledge or experience International

level consultants

National level

consultants

Lawyer

Experience in governance work E E E

African experience, preferably in Nigeria

E E E

Experience of other federal government systems

D - -

Working with donors E E -

Strong inter-personal & team leadership skills

E D -

Articulate spoken & written skills E E E

Computer literacy E E E

Background in one or more of following:

• public/social policy • public accounting • financial management

E

E

-

Experience of one or more of following sectors:

• Education • Health • Water resources (esp. potable

water) • Roads

E

D

-

Constitutional/administrative law - - E

Legal drafting processes - - E

Key: E = Essential D = Desirable