Introduction
Nigeria’s democracy, either as a concept or a system of rule, has become excessively ambiguous in contemporary political analysis. It has been fragile and fluctuating, since independence. Today, our discourse will be on whether Nigeria is practising true democracy or not. Please, read on.
Is Nigeria Practising Democracy ?
Indeed, Nigeria, especially under the President Muhammadu Buhari administration, does not practise democracy at all. Rather, it practises electionocracy, judocracy, executocracy and legislatocracy. I will explain these terms which I have personally coined from my personal lexical dictionary. That was what informed the aliases of “Ozek Baba”, “Mobile Dictionary” and “Mobile Library”, that my late legendary mentor, the iconic Chief Gani Fawehinmi GCON, SAN, SAM, fondly called me whilst working with him, up to becoming his Deputy Head of Chambers in 1985.
Electionocracy
“Electionocracy ” is a system of government where elections are held as a ritual, at intervals of 4 years in Nigeria, with the emergent elected or selected leaders, rather than giving the electors dividends of democracy, merely stabilise themselves in power, commence primitive acquisition of wealth and forget the electorate that erected the leaders in the first place. They then begin another round of campaigns, after pretending to work for two years. They are already looking forward to the next election when the electorate has not benefited from any democratic dividends from their first term.
Judocracy
“Judocracy” is a genre of government practised only in Nigeria, where Presidents, Governors, Legislators and LG Chairmen are thrown up as having “won” in an election. Their victory is immediately challenged. They get enmeshed in these legal callisthenics for the next two to three years of their corruption-ridden governance. Then, suddenly, they are conceived, incubated and delivered in the hallowed Chambers and precincts of our law courts, rather than through the ballot box. The will of the people is thereby subsumed in the decision and judgement of courts of law, the non-representatives of the people.
Executocracy
“Executocracy ”, as practised in Nigeria, is an aberrant form of government, far removed from democracy, where the executive arm of government acts in torrerem of other arms of government. The Executive continually browbeat, intimidate, harass, marginalise and subjugate the Legislature and the Judiciary. It is usually headed by a maximalist, autocratic, absolute and dictatorial head, who views himself as Loius XIV of France. Loius XIV was so intoxicated with the effect of liquor-inebriating power that in 1655, he proudly stood in front of parliament and declared “L’etat, C’ est moi” (I am the State). He said this to indicate his complete hold on power, to the exclusion of all other lesser mortals.
Legislatocracy
“Legislatocracy” is another peculiar genre of democracy, as practised only in Nigeria. It is a fundamentally flawed legislative system, where there is an over-bloated and virtually jobless 360 members of the House of Representatives and 109 Senators, all of whom are not unsurprisingly permitted by the 1999 Constitution to sit for only six months out of 12 months in a calendar year of 12 months. This enables them to seamlessly engage in extra-legislative businesses, and money-making ventures. These legislators, contrary to the clear provisions of the 1999 Constitution, legislate on Everything except making laws “for the peace, order and good government of the Federation”.
The law makers carryout oversight functions under Sections 88 and 89 of the Constitution, not in furtherance of any public interest or any common good, but in pursuit of their private pockets after extorting money (during budget presentations) from Ministeries, MDA’s and other government establishments, both at the Federal, State and LGA levels.
Under legislatocracy, Mr President’s requests are sacrosanct and written on Hamurabi tablet of inviolability. So, like the agama lizard, the law makers can only nod their heads “yes, yes, yes”, to all Presidential requests, however anti-people. Legislatocracy ensures free padding of budgets, to accommodate their insatiable bacchanalian propensity to consume and indulge in primitive acquisition of vulgar wealth in a rentier economy.
Legislatocracy also ensures that rather than make laws, Legislators fight over constituency projects. When given hundreds of millions to execute these projects, they end up digging few boreholes, repairing village culverts; buying motor cycles, hair dryers, grinding machines and wheel barrows, to their hapless clapping peasants and thugs that were used during the last elections. Nigeria’s peculiar legislatocratic system, ensures that the law makers receive the highest pay amongst law makers across the globe, including older, tested and more established democracies of the world.
Constitutional and Sound Democratic Culture Afford Citizens Protection in a Democratic Society
Democracy as a form of government, is man-based; it is a humanistic, individualistic and moralistic institution, created for the sake of what the ancient philosophers called the “Good life of society”. Democracy will therefore, be meaningless without a constitutional framework providing for freedom of dissent and respect for the individuality of each person. For, man is first and foremost an individual human being, and his individuality must come before the demand of equality with other members of society. A democratic society must therefore, combine social equality with respect for each person’s individuality and his freedom (within certain limits) to be different and to dissent.
It is against this background that the Constitution of Nigeria clearly provides that:
“The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice”
And that:
(a) Sovereignty belong to the people of Nigeria from whom government through this constitution derives all its powers and authority;
(b) The security and welfare of the people shall be the primary purpose of government; and
(c) The participation by the people in their government shall be ensured in accordance with provisions of this constitution.”
The most singular and outstanding Constitutional protection offered the citizen on our Democratic Nigeria, is the Fundamental Human Rights provisions enshrined in Chapter IV of the Constitution, which chapter provide for the protection and enforcement of every individual’s Right to life, Right to dignity of human person, Right to personal liberty, Right to fair hearing, Right to private and family life, Right to freedom of thought, conscience and religion, Right to freedom of expression and the press, Right to peaceful assembly and association, Right to freedom of movement, Right to freedom from discrimination, Right to acquire and own immovable property anywhere in Nigeria, non-compulsory acquisition of property,
By virtue of Section 46(1) of the Constitution,
“Any person who alleges that any of the provisions of this chapter has been, is being or likely to be contravened in any State in relation to him may apply to a High court in that State for redress.”
The record of our courts in the protection of the fundamental human rights, could be said to be commendable. The Supreme Court of Nigeria has, over the years, surpassed the record of most united Nations member States’ constitutions, as the jealous guardian of the human rights of the people of this country. In the celebrated case of Bello v Attorney-General of Oyo State, Aniagolu, JSC in his concurring judgement picturesquely captured the horror and shock.
The Concept of Good Governance
The concept of good governance therefore, is not new or novel. It is as old as human civilisation. Simply put, going by Coleman, governance means the process of decision making and the process by which decisions are implemented (or not implemented). Governance has been described as an approach or perspective that focuses on State, societal institutions and the relationship between them, as well as on how rules are made in a society, which are accepted as legitimate to enhance values that are sought by individuals and groups within the society. Governance has also been identified with the founding values and constitutional policies that constitute the nature of governing institutions, guide their actions, and shape the complex relations between them and the society.
Public management based on principles of good governance as one that attempts to improve the system of government, to emphasise efficiency and responsibility for all institutions, to promote democratic principles and to establish a new relationship between government and civil society. Good governance according to Downer is the process whereby public institutions conduct public affairs, manage public resources and guarantee the realisation of human rights. Good governance accomplishes this in a manner essentially free of abuse and corruption, and with due regard for the rule of law.
The True Test of Good Governance
From the above definitions and concept of governance, it become crystal 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 mange a country’s processes and institutions through which citizens and groups articulate their interests, exercise 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, 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 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 behaviours 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 performance in improving the welfare of their people. Much of this is attributable to standards of governance, which may stifle and impede development. 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. Michels states that Government is one of the actors in governance. (To be continued).
THOUGHT FOR THE WEEK
“Democracy is the theory that the common people know what they want, and deserve to get it good and hard”. (H. L. Mencken)
