Law as a Vehicle for Good Governance and National Integration in Nigeria (Part 3)

Introduction

In the second part of this treatise, we examined the conceptual framework of the subject through the prism of the definitions of ‘law’ and ‘national integration’. This week, we shall conclude that aspect of our discourse and move on to ‘good governance’; we shall examine it’s definitive markers, and explore how it differs from country to country. Read on.

National Integration (Continues)

Without much ado, national integration envisages a group of people achieve integration through consensus, social structure, and function in the society. The hurdles of national integration in Nigeria, cannot be settled without dialogue. We must all agree on the precepts of governance to follow, in order to attain integration. All this ruckus reminds me of a famous expression by the late Obafemi Awolowo, SAN, one of the progressive founders of the nation, that, ‘’Nigeria is not a nation, but a mere geographical expression.’’ (See: Awolowo, O. (1947). Path to Nigerian Freedom. London: Faber).  

Good Governance

The term “good governance” was first used by donor agencies in the 1980s, by the International Monetary Fund (IMF) and the World Bank. It is a “stick and carrot instrument” being used by the IMF for keeping in line errant developing countries, that must match their request for aid with good behaviour. This implies that countries with satisfactory records of good governance, could count on the IMF and the World Bank for aid. On the contrary, those countries that have performed poorly in good governance, must improve, to qualify for adequate support (See: Bamgbose, A. (2005); Language and Good Governance. The Pointer, 5th September, 2005). In the same vein, Salim Ahmed Salim, the former Secretary General of the former Organisation of African Unity (OAU), now African Union (AU), had emphasised quality leadership, sound management of the economy, a strong judicial system, an independent and responsible media, as good governance.

The United Nations Development Programme (UNDP) classified governance into three – political, economic and administrative (UNDP 2001); and defines the term as “The exercise of economic, political, and administrative authority to manage a country’s affairs at all levels. It comprises mechanisms, processes, and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their differences” (See: UNDP Definitions of Governance from UNDP; Available at http://unpan1.un.org/intradoc/groups/public/documents/un/unpan022332.(accessed July 3, 2023).

Thus, the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) has identified the following as the major characteristics of good governance. (See: Emeh Ikechukwu, Eke Jeffrey, Onyemaechi Christopher Ugwuibe, Olise Charles Nnamdi ‘Good Governance: The Conceptual and Contextual Perspectives’). These features are that good governance is participatory, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and follows the rule of law. It assures that corruption is minimised, the views of minorities are taken into consideration and that the voices of the most vulnerable in society are heard in decision-making. It is also responsive, to the present and future needs of society. 

The World Bank, defines governance as, the way “… power is exercised through a country’s economic, political, and social institutions”.

The concept of Good Governance is a relatively new concept, having entered the political lexicon in the 1970s and 1980s, as a large number of underdeveloped countries were struggling to deal with the political and economic problems which poor political leadership had generated for their countries (See: Odock C. N. (2006), Democracy and Good Governance. National Open University of Nigeria. ISBN: 978-058-458-7). By way of definition, we can say that good governance refers to a system of government based on good leadership, respect for the rule of law and due processes, the accountability of the political leadership to the electorate, as well as transparency in the operations of government. 

Some of the features adopted from the study above, to determine if a nation governed by the principles of democracy and good governance are; 

(i) In whose name, interest and authority does a ruling group claim to hold and exercise government power? (ii) Does the government accept or reject the functional distribution of power among different institutions in the society? (iii) How those in authority are selected for their positions? Are they chosen, in free and open elections, or are they selected otherwise? (iv) Does the government seek to dominate and control the totality of the political, economic and social life of the society, or does it accept the autonomous existence of other groups in the economic, social and political spheres? (v) Is there a recognisable link between the political, social and economic programmes pursued by the government and the expressed wishes of the people? (vi) Is the business of the government conducted in an open manner, or is it operated by some secret ruler? (vii) Does the government willingly accept criticism, or will it silence all contrary voices? (viii) How does the government treat the fundamental rights of its citizens?

According to Dr Palamagamba John Kabudi, “Good governance as a concept has steadily entrenched itself in the political and development discourse. It has permeated all sectors, and become part of the common shared principles and virtues of different countries in the world. It has attained universality as an indicator of adherence to democracy and the rule of law” (See: Good Governance.<http://tanzania.fes; international.de/doc/good;governance.pdf>(accessed July 4, 2023).

To Nkom, Good governance therefore means the positive exercise of political power to attain positive societal goals and development, while bad governance could be taken to be synonymous with the negative exercise of political power, usually for the private, sectional or group interests of the key political actors (See: Nkom, S. A. (2000), “Culture, Empowerment and Local Government with Reference to North Western Nigeria” in Adedeji, A. and Ayo, B. (eds), People–Centred Democracy in Nigeria? pp. 73 – 85).

The True Test of Good Governance 

From the above definitions and concept of governance, it has become clear that, the true test of good governance is the degree to which it delivers on the promise of human rights; civil, cultural, economic, political and social rights. Conable is of the view that Good Governance is the exercise of power or authority, political, economic, administrative or otherwise to manage a country’s processes and institutions through which citizens and groups articulate their interests, excise, their legal rights and harmonise their differences. The UN Human Development Report pointed out that governance has two faces: first, the leadership which has responsibilities derived from the principles of effective governmental organisations. Second, the governed, that is the citizens, who are responsible for making relevant inputs to the socio-economic and political affairs of their society. In other words, governance is a relationship between rulers and the ruled, the State and society, and the Governors, and the governed. It is important that the two principal actors be as close as possible, to ensure the legitimacy, accountability, credibility and responsiveness of the rulers and that the effective participation, corruption and responsiveness of the ruled is achieved. An important aspect of the relationship within and between the two components of governance, is the change that usually occurs. For instance, laws regulating certain behaviour and activities may sometimes change. Where these changes become too frequent, without well thought out appraisals, instability results, and this may paralyse operations.

Good Governance Differs from Country to Country

Various countries that are quite similar in terms of their natural resources and social structure, have shown strictly different performances in improving the welfare of their people. In countries, where there is corruption, poor control of public funds, lack of accountability, abuses of human rights and excessive military influence, development inevitably suffers. 

Michaels states that, government is one of the actors in governance. Other actors, according to Regina .O. Arisi and Ukadike, O. J, involved in governance vary, depending on the level of government that is under discussion. In rural areas for example, other actors may include influential landlords, associations of peasant farmers, cooperatives, NGOs, research institutes, religious leaders, financial institutions, political parties, the military, etc. Similarly, Odion-Akhaine stated that formal government structures constitute one means by which decisions are arrived at and implemented. At the national level, informal decision-making structures such as “Kitchen Cabinets’’, or formal advisors may exist. In some rural areas, powerful families may make or influence decision-making. Such informal decision-making is often the result of corrupt practices, or leads to bad governance. 

THOUGHT FOR THE WEEK

“Society cannot exist without law. Law is the bond of society: that which makes it, that which preserves it and keeps it together. It is, in fact, the essence of civil society”. (Joseph P. Bradley)