Department Of Political Science & Public Administration
University Of Benin
Benin-City, Edo State, Nigeria.
O. Igho Natufe is a Senior Policy Adviser with the Government
of Canada, Ottawa, Ontario, Canada. He taught Political Science and
International Relations in Canadian, Ghanaian, and Nigerian universities. The
views and opinions expressed in this paper do not reflect the views and opinions
of the Government of Canada.
Introduction
It is an honour being here, once again, in the midst of
colleagues with whom I shared almost ten years grappling with the essence
of Politics and Government as we prepared a new generation of Nigerian Political
Scientists and Public Administrators. It has been 17 years since I congregated
with you in such an environment. I thank Professor Augustine Ikelegbe, the
Acting Head of the Department of Political Science & Public Administration at
UNIBEN for granting me the opportunity to, once again, share my thoughts with
you on an issue of vital importance to Nigeria, especially at this crucial time
in the Political History of the country. It is less important that my thoughts
should converge with yours, or reinforce yours or in fact are incongruous to
yours. The critical element of this discourse is that we agree to trade our
ideas on the subject-matter.
This lecture examines the concept of governance and its
relationship to politics, with emphasis on Nigeria. The issue of governance has
gained universal currency as nations and international institutions seek
appropriate mechanisms to enhance the role of government by making it more
transparent, accountable, responsive and responsible to the constituencies. We
will take a broad view of the concept and juxtapose it with the functions of
politics. This general theoretical escapade will set the stage for zeroing in on
Nigeria as a case study. The intent is to identify gaps in the Nigerian polity
and prescribe some remedial measures to bridge those gaps. Our objective
is to provoke critical intellectual debate on how best to ensure good
governance in Nigeria. A systemic analytic approach will be employed as we
examine the array of problems that beset the Nigerian polity. We shall focus on
the salient features of those problems and illustrate how the incompetence of
the Nigerian state to grapple with them has caused the society to drift toward
anarchy and potential disintegration.
On
Governance and Politics
The question of good governance has captured the attention of
international institutions, including the World Bank[1]
and several inter-governmental organizations like the G-8[2].
Both institutions have made this issue a critical prerequisite in their aid and
donation policies to countries with poor records on governance.
But what do we mean by governance? There is a
temptation to use governance and government interchangeably. Government
is said to derive from the Greek word kyberman which means to steer.
Being in the company of Political Scientists, I do not have any urge to define
government in greater details. But, let us agree to define a government
as a collective body of elected and appointed institutions empowered to
legislate and adjudicate for the good of society, while governance is
conceptualized as the processes and systems by which a government manages the
resources of a society to address socio-economic and political challenges in the
polity. Thus, a government is elected or appointed to provide good,
effective and efficient governance. According to Daniel Kaufmann,
governance embodies “the traditions and institutions by which authority in a
country is exercised for the common good.”[3]
A good governance system is defined by its relationship to
some key prerequisites, including Accountability, Transparency, Participation,
and Predictability. Let us briefly review these elements.
►Accountability
In a democracy, elected and appointed government officials,
from the president down to the office messenger in a local government council,
must be accountable for their actions and policies. They must provide answers
for their activities to the general population. It is imperative that the
population demands this from all government officials at all levels of the
political system. One way of doing this is for members of each electoral
constituency to construct a performance measurement framework compelling
respective government officials to provide answers for their activities and
policies. They must demand regular meetings with their respective elected
officials at the constituency level.
►Transparency
Simply put, transparency is the easy and unrestricted access
of government information by the population. The general public must have access
to information on government policies and programmes. It is vital that ministers
and bureaucrats ensure the unedited dissemination of such information as
demanded by the general public, excluding information pertaining to a nation’s
security. The general public should agitate for the enactment of an Access to
Information Act that guarantees the unrestricted access of the public to
information on government policies and programmes. The enactment of such an Act
will compel governments to adhere to the tenets of transparency in their
decision making process as well as limiting the chances of government officials
engaging in corrupt practices.
►Participation
This is a very important component of the elements of
governance. It is imperative that citizens participate at all levels of their
government’s decision making process. Their participation does not end with
merely casting their votes on Election Day. They must insist and ensure that
their votes are counted. For effective participation in public policy, it is
essential for citizens to organize themselves into credible interest groups
(professional associations, academic unions, students’ unions, labour unions,
non-governmental organizations, etc) that constantly review government policies,
articulate the positions of the general population, and engage elected officials
in public debates regarding the rationale and impact of their policies and
programmes on the population.
► Predictability
A democratic polity is governed by laws and regulations
anchored on the Constitution of the country. Therefore, it is imperative that
the application of these be fair and consistent, and thus predictable, within
the boundaries of the Constitution. Any arbitrary application of the laws and
regulations would vitiate the Constitution and inhibit good governance. A
critical element of this is the recognition of the principles of jurisdictional
responsibilities, especially in a federal polity like Nigeria. For example, can
a federal government establish an Act empowering itself to review the finances,
policies and activities of state governments and punish erring state officials?
The above elements presuppose an educated, politically
conscious, enlightened and an actively proactive population. Where the
population is ill equipped to engage in any of the above, it is a certainty that
the rudiments of good governance will readily be compromised by the government
of the day. This situation buttresses the view that a society gets the
government that it deserves.
It is pertinent to note that, Daniel Kaufmann et.al
have identified six dimensions of governance which could be collapsed into the
above categories. Their six dimensions of governance are:
“Voice and
accountability (VA), the extent to which a country’s citizens are able to
participate in selecting their government, as well as freedom of expression,
freedom of association, and free media
Political
stability and absence of violence (PV), perceptions of the likelihood that
the government will be destabilized or overthrown by unconstitutional or
violent means, including political violence and terrorism
Government
effectiveness (GE), the quality of public services, the quality of the civil
service and the degree of its independence from political pressures, the
quality of policy formulation and implementation, and the credibility of the
government’s commitment to such policies
Regulatory
quality (RQ), the ability of the government to formulate and implement sound
policies and regulations that permit and promote private sector development
Rule of law
(RL), the extent to which agents have confidence in and abide by the rules
of society, and in particular the quality of contract enforcement, the
police, and the courts, as well as the likelihood of crime and violence
Control of
corruption (CC), the extent to which public power is exercised for private
gain, including both petty and grand forms of corruption, as well as
‘capture’ of the state by elites and private interests.”[4]
We have provided a macroscopic view of governance. Now let
us view politics. In a political system, particularly in a multi party
democratic system, political parties are established to articulate contending
interests of the population. Members of a political party meet to elect their
officials. Citizens cast their votes on Election Day to elect their
representatives in parliament. Members of parliament (National Assembly, etc)
debate their contending views on national development and seek a compromise
resolution. An elected government formulates policies and enacts laws that
determine how the nation’s policies and programmes are to be administered.
Citizens involved in the above processes are engaged in politics.
What is politics? This is a question that we expect students of Political
Science 101 to be able to answer.
In his celebrated book entitled Politics: Who Gets
What, When, How, published in 1936, Harold Lasswell opined that politics
is a process engaged by elected officials to determine “who gets what, when,
where, and how.” This formulation subsequently influenced the widely held notion
of politics in the West as a contest for power for the distribution of resources
in the polity. Thus, politics is a process of
resolving societal conflicts that arise when determining who gets what, when and
how. On the other hand, Marxist scholars perceive
politics as an ideological struggle for power for the acquisition and
distribution of resources. By injecting ideological struggle into their
definition, Marxists sharpened the content of the concept with the emphasis on
class differentiation in the political process. Mao Zedong offered an
interesting definition when he declared that: “Politics is war without
bloodshed while war is politics with bloodshed.”[5]
Unfortunately, Mao Zedong did not live long enough to see that in Nigeria,
politics is war with bloodshed.
At this juncture, I would like us to explore the relationship
between governance and politics, while we hold constant the above definitions of
both phenomena. We will use as an example, the process of policy formulation in
a matured democratic environment where the above identified elements of
governance are at play. By a matured democratic environment is meant one where
citizens are actively engaged in the political process, and where elected
officials are responsive to the elements of governance. Policy formulation in
such an environment elicits the active participation of various citizen’s
groups, professional organizations, etc., at every stage of policy debate in the
country’s parliament. Effective policy formulation requires a solid policy
making environment and, as noted by the World Bank, “policy reforms are less
likely to succeed when public institutions and governance are weak.”[6]
The process and quality of policy formulation and
implementation are critical elements in determining the level of engagement of
the population and measuring the quality of governance of the society. To what
extent is the process, to paraphrase Kaufmann et.al. a “ ’capture’ of the
state by elites and private interests.”[7]The environment for policy formulation must be democratic and
it is imperative that the process be transparent. The degree of citizens’
participation in this process is determined by the level of their education and
political consciousness, as well as on the access to political elites and
effective communication.
For example, if the debate is on the banning of methyl
bromide in agriculture, we expect spirited contributions from opposite sides of
the issue, including farmers’ unions, scientists, labour unions, and legislators
representing their contending views, to actively participate in the debate to
shape the policy decision making process.
POLICY FORMULATION
OBJECTIVES
OPTIONS
EFFECTS
COST
COST-BENEFIT ANALYSIS
DECISIONS
The process of policy debate is captured by the above
diagram. First, the objectives of the proposed policy are thoroughly defined and
debated. The next stage is to consider the options available. Arising from the
options’ debate is a consideration of the corresponding effects and cost of
adopting the respective options. This is followed by a detailed cost-benefit
analysis of the effects and cost. The result of the cost-benefit analysis will
inform the policy decisions. In a matured democratic environment with a high
degree of confidence in the elements of governance exemplified, for example, by
Canada and the United States of America (USA), (Accountability, Transparency,
Participation, and Predictability) policy decisions reached via this approach
have a higher probability of reflecting a balanced option anchored on informed
reasoning, as compared to an infantile democratic environment represented by,
for example, the Nigerian polity.
But there is an important qualifier in this comparative
analysis. That is, the level and scope of corruption in either system. As a
prerequisite for granting “poor countries” including Nigeria, debt forgiveness
by the G8 at the Gleneagles 2005 Summit, the summit agreed, inter alia:
“To provide
extra resources for Africa’s peace keeping forces so that they can better
deter, prevent and resolve conflicts in Africa; and
To give
enhanced support for greater democracy, effective governance and
transparency and to help fight corruption and return stolen assets.”[8]
The determination to enhance “greater democracy, effective
governance and transparency, and to help fight corruption” in Africa was a
pivotal theme on African development at the 2005 G8 Summit.
Democratic practices and good governance flourish in an
environment where political elites possess the required leadership skills
anchored on the tenets of democracy. It is essential that they represent a
broader constituency beyond their immediate surroundings in articulating their
respective policies, which derive from a sound knowledge of the rudiments of
interest aggregation. Education, political consciousness and the level of
poverty have a vital role to play in this process. It has been argued that “the
euphoria of independence disguised the reality that (beyond a consensus in favor
of independence) support for many African regimes was drawn from a narrow base,
often with quite weak roots in the society at large.”[9]
The political history of immediate post colonial African countries, including
Nigeria, would lend credence to this thesis. For instance, national support for
the Northern Peoples’ Congress-National Council of Nigerian Citizens (NPC-NCNC)
coalition government of Nigeria between 1960 and 1963 was weak. The senior
partner of the coalition, NPC, was a regional Northern-based party with
insignificant following in other regions of Nigeria. National support for the
coalition further weakened in the 1963-1965 period, because of the glaring
absence of a universal construct to bind the diverse constituencies represented
in the coalition and in the entire country.
It is instructive to note, however, that the failure of
politics and poor governance in less developed countries is not always due to
the leaders of the respective countries. Very often the policies of
international donor institutions, including the World Bank, play a crucial role
in setting the countries astray as donor policies contribute to “undermining the
ability of governments to affect national and strategic choices in public”
policy.[10]
While governments, without exception, recognize the value of good governance
practices, most of them, especially in the less developed countries, face
systemic challenges that hinder their implementation of those practices. First,
as observed by the World Bank, “the major political players who dominate the
state apparatus are fundamentally unwilling to change their behaviour and to
move toward more accountable governance..”[11]
Second, the regime lacks the capacity to affect good governance. Third, and
perhaps of more vital importance is the role of donor organizations in dictating
policy choices to recipient governments. The World Bank represents this group of
donors, as witnessed by its structural adjustment policy (SAP) that was imposed
on several Asian and African countries, including Nigeria. As now recognized by
the World Bank, “many of the earlier failures of” its public sector management
“initiatives were the result of a failure to recognize this diversity in
political and institutional starting points, and to tailor the reform program
accordingly. Yet donors, including the Bank, persisted in providing technical
assistance for improved management in contexts where the pre-conditions were not
present.”[12]Irrespective of the admitted policy failures of the World
Bank, it must be stressed, however, that the success of good governance in any
country depends on the leadership skills of the elected leaders and their
attitude towards democratic practice.
The Issue
SEQ CHAPTER \h \r 1A random conversation with people across Nigeria reveals a
growing sense of disenchantment vis-à-vis the various levels of government,
particularly towards the Nigerian federal government. In varying degrees, this
disillusionment is evident in all regions and communities in the country.
Citizens do not see the value of participatory democracy, they wonder about the
existence of any government in Nigeria, they are baffled and overwhelmed by the
deteriorating political institutions and devastated by the chronic unemployment
rate in the population, high crime rate, and the theft of public money by those
entrusted with the governance of the country. Engagement in Nigerian politics
renders obsolete the concept of fair play and justice in a supposedly federal
democratic polity. On the eve of the April 2003 federal elections, a Lagos-based
national newspaper, THISDAY published a disturbing catalogue of the
escalation of violence, murders and attempted assassinations of political
opponents.[13]
Between that publication and the elections of April 12 & 19, 2003, there were
incidents of armed conflict directed against candidates of rival political
parties in various parts of the country. This wave of political assassinations
has been repeated in mid 2006 as the nation, once again, prepares for another
federal election in March 2007. Governorship candidates in Lagos, Ekiti, and
Plateau states were assassinated between June and September 2006. Thus, these
cases which indicate a crisis of governance would seem to suggest a deliberate
attempt by some Nigerian political actors to return to the politics of the
1962-65 period that precipitated the military intervention on January 15, 1966.
Nigeria is experiencing a fundamental crisis in governance. Though the people of
Nigeria share a collective identity as Nigerians, they are by no means
united in their prism of Nigeria. The shared collective identity is merely a
geographical descriptor of their location within a state in the international
system, and does not reflect any concerted stratagem to mould a NIGERIAN.
Therefore, the citizens of Nigeria are more comfortable identifying themselves
as Angas, Bini, Efik, Esan, Fulani, Hausa, Ibibio, Idoma, Igbo, Ijaw, Isoko,
Itsekiri, Kalabari, Kanuri, Nupe, Okpe, Tiv, Urhobo, Yoruba, etc. These are the
nations of Nigeria. They are hardly collaborative nations, but intensely
confrontational and hostile in their political discourse as a result of the
failure of the Nigerian State to construct a viable strategy of national
integration.[14]
In his address to the African Ministerial Forum on Integrated Transport in
Africa, in Abuja on March 11, 2003, President Olusegun Obasanjo explained the
abysmal economic development of Africa as a reflection of the “poor and
sometimes outrightly irresponsible leadership” in several African countries. He
acknowledged that “poverty remains a major challenge, and most countries on the
continent have not benefited fully from the opportunities of globalisation.”[15]
Any perceptive observer of Nigeria’s political scene will readily conclude that
President Obasanjo was describing the failure of governance in Nigeria as a
consequence of the “poor and sometimes outrightly irresponsible leadership” that
has characterized his presidency since 1999.
The issue of corruption, which is a major hindrance in
ensuring good governance, is a political economy phenomenon. In a matured
democratic environment, like the USA, influence peddling, also known as “legal
corruption,” plays a prominent role in America’s policy decision making
process. Lobbyists spend billions of dollars annually in influencing American
legislators to enact laws favourable to their respective private sector clients,
in return for which such legislators receive contributions from those lobbyists
for their electoral campaigns and all expense-paid vacations. As argued by
Daniel Kaufmann and Pedro C. Vicente, legal corruption has an “impact of
inequality in influence, which is reported to generate a self-reinforcing
dynamic in which institutions are subverted.”[16]
This subversion of public institutions to favour private sector clients, which
is legitimized by a lobbyist act, is in actual fact a corrupt practice with
severe consequences on good governance. It depicts societies whose policies are
determined by the wealthy private sector, and thus reflect private sector
interests to the detriment of the gross majority of the population. The
difference in this type of (legal) corruption from that of Nigeria is that, in
the latter’s case, heads of government and legislators, in collusion with their
colleagues and members of the private sector, engage in illegal corruption
by looting public treasuries.
It is instructive to note that, in these two variants of
corrupt practices, the system of legal corruption is financed by the
private sector, while that of illegal corruption is financed by the
treasury of the public sector. In global discourse on corruption, it is the
Nigerian variant that has captured the attention of the international community,
a view of corruption which Kaufmann perceives as too narrow due to its focus on
the “abuse of public office for private gains.” His analysis places
responsibility on the private sector which operates under “many acts which are
not ethical (and thus may be regarded as corrupt) may not necessarily be
illegal.” His empirical evidence points to the “extent to which many powerful
private firms engage in undue influence, to shape state policies, laws and
regulations, for their own benefits…” by making “campaign contributions, which
may, in fact, be legal, but which unduly influences the rules of the game, for
their benefits.”[17]
There is a tendency in political economy parlance to describe
legal corruption as functional corruption, while illegal corruption is
categorized as dysfunctional corruption. Such a dichotomy seeks to justify legal
corruption as a legitimate practice anchored on the ethnos of matured democratic
polities, while it condemns the other variant with roots in less developed
democratic systems. Thus we have a “good thief, bad thief” scenario. In both
scenarios, however, the state is captured by a group of political elites in
collusion with the private sector, a phenomenon which leads to the privatization
of the state for private sector interests.
In the case of illegal corruption, however, the impact on the
population is immediate, visible and more devastating as socio-economic
infrastructures completely break down, driving the poor into extreme poverty and
obliterating the middle class of society. Using the state of Nigerian roads as a
demonstration of the failure of governance in Nigeria, Reuben Abati lamented:
“The state of Nigerian roads is the state of Nigeria and a reflection of the
level of governance in the country. Every sphere of national life is like the
roads: pot-hole ridden, abandoned to the vagaries of nature, crying out loudly,
for vision and difference….The roads are bad; the
hospitals are ill-equipped, the school system is in disarray, access to health
remains a problem, human life in both the cities and the rural areas, is on the
edge of despair….Since 1999, contracts have been awarded by governments at all
levels for the repair, rehabilitation and construction of roads. There have been
stories told of how this has provided great opportunities for corrupt
self-enrichment; the beneficiaries being contractors, public officials and
consultants.”[18]
Abati’s analysis succinctly encapsulates the failure
of politics and poor governance in Nigeria. In early 2003 President
Obasanjo questioned where were the roads that his government had spent over 300
billion naira constructing. His confidant, Chief Anthony Anenih was the minister
responsible for that portfolio. Neither Obasanjo nor Anenih answered the
question, but the public knew in whose pockets the money was diverted to. In
rendering his assessment on the quality of state governors in the Fourth
Republic, the secretary general of the Arewa Consultative Forum, Col. Hamid
Ibrahim Ali (rtd) declared that “Ninety percent of them are corrupt, absolutely
corrupt.”[19]
While Nigeria boasts a legion of millionaires and billionaires, there are no
corresponding industrial plants to justify the rise of le club des riches.
It is interesting to note that while oil has intensified the rate of corruption
in Nigeria, the polity has become less democratic and ridden with poverty.
On page 4 above, where we discussed Predictability as an
element of governance, we identified the recognition of the principles of
jurisdictional responsibilities as a critical property of this element,
especially in a federal polity like Nigeria. We posed the question whether a
federal government can establish an Act empowering itself to review the
finances, policies and activities of state governments and punish erring state
officials. Nigerians are familiar with the Economic and Financial Crimes
Commission (EFCC) that was established by President Obasanjo to fight corruption
in Nigeria. We shall return to the EFCC later.
Nigeria is a federal political system, a system that defines
the structure of the polity in a way that underlines the independence of the
federating units vis-à-vis the central government in key areas of national
economy and politics. Being a federal system, it is imperative that we discuss
the properties of good governance under federalism. As has been argued
elsewhere,[20]a federal system “provides a vital conceptual base for good
governance as it emphasises the two fundamental premises of federalism. First,
both levels of government – the central government and the states (federating
unites) – are independent, but never subordinate to one another. Second, the
relationship between the central government and the federating units is
horizontal and not vertical….When any of these elements are vitiated, federalism
is compromised and the basis of good governance under federalism is eroded.”
For there to be good governance under federalism, it is vital that elected
officials at all levels of the political system are conversant with the tenets
of federalism.
Since the inception of Nigeria’s Fourth Republic in May 1999,
elected officials, especially those on the platform of the Peoples’ Democratic
Party (PDP), have contributed to the erosion of federalism by their actions
which have facilitated the entrenchment of unitary practices in a supposedly
federally polity. The regular visits, either voluntary or mandated, of State
governors belonging to the PDP, to the Presidency and party headquarters in
Abuja for instructions considerably weaken the premise of federalism. The
federal government has assumed the status of a national government akin
to that of a unitary system, with the state governments reduced to mere
administrative arms of the presidency in Abuja. Because the state governors
have acquiesced to the erosion of the fundamental premises of federalism, they
lack the audacity to challenge President Obasanjo when it is clear that his
policies negate those premises. The establishment of the EFCC vividly
illustrates this point.
Instead of challenging the locus standi of the EFCC, federal
legislators, state governors and their respective legislative assemblies blindly
accept the EFCC as a normal instrument with multiple jurisdictional
responsibilities under a federal political system. The question is not whether
the federal government can establish the EFCC to investigate federal
institutions, but whether the federal government has the jurisdiction to
investigate the fiscal management of the state governments and punish state
officials. The role of the EFCC in the impeachment proceedings of state
governors, and the fact that the head of the EFCC is a member of President
Obasanjo’s “kitchen cabinet,” makes a mockery of the EFCC. But state governors
and other elected officials have come to accept the EFCC as a legitimate
institution with the authority to investigate state and local government
performance. This display of acquiesce by elected officials (federal
legislators, state governors and state legislators) emboldened President
Obasanjo to establish a 20-man committee in June 2006 “to go round the 36 states
of the Federation and Abuja for the purpose of compiling reports on how
allocations to the states have been spent.”[21]
In a critique of this committee, I took issues with state governors for
mortgaging “the independence of the federating units to the extent that their
respective state administrations are now managed as a department under the
presidency in Aso Rock…” as “they seem to be at awe of President Obasanjo whom
they reverently refer to as ‘Baba,’ and thus are prepared to accept as legal any
directives”[22]
emanating from him. It has become “normal” for local and state matters to be
brought to the attention of President Obasanjo for resolution. It was on the
basis of this premise that the president of the Senate, Ken Nnamani, sent a
petition to President Obasanjo in July 2005, detailing his allegations against
Governor Chirmanoke Nnamani of Enugu State – his home state. In the petition,
he accused Governor Nnamani of “undemocratic tendencies” and “corruption,”
requesting that President Obasanjo authorize an investigation of the governor’s
assets.[23]
President Obasanjo governs Nigeria and the PDP as his fiefdom
with state governors and members of the PDP as his indentured serfs whose
freedom from servitude depends on their unquestioned loyalty to him. Indicative
of this is the statement by the embattled governor of Ekiti State, Ayodele
Fayose, whose impeachment by the state’s legislative assembly on October 16,
2006 has posed serious constitutional challenges for the polity. In a telephone
interview with the Nigerian Tribune from his hide-out, he declared: “I
want to appeal to the President like he did in Sao Tome and Principe to use the
goodwill of his office to restore me to my office. I have always been his boy.”[24]
The alleged role of President Obasanjo and the PDP in the
impeachment of Governor Fayose is an example of poor governance It was
reported that President Obasanjo and the leadership of the PDP had met with PDP
leaders of the Ekiti State House of Assembly in Abuja to discuss the impeachment
of Governor Fayose, and pleaded with the House leaders that the deputy governor,
Mrs. Abiodun Olujimi “should be spared.” According to the report, the President
allegedly instructed the Federal Minister of Justice and Attorney General, Bayo
Ojo, to declare the impeachment as unconstitutional when the Ekiti State House
of Assembly impeached the deputy governor together with the governor. President
Obasanjo and the leadership of the PDP subsequently “rejected the impeachment of
the Deputy Governor, Chief (Mrs) Abiodun Olujimi, insisting that the state House
of Assembly as a matter of urgency reverse the impeachment.”[25]
.In a national broadcast declaring a state of emergency on Ekiti State on
October 19, 2006, President Obasanjo cited relevant sections of the Constitution
of the Federal Republic of Nigeria 1999 to demonstrate the unconstitutional
actions of the Ekiti State House of Assembly in effecting the impeachment of
Governor Fayose and Deputy Governor Olujimi, and to justify his constitutional
powers in dismissing the Ekiti State House of Assembly. He appointed
Brig.-General Tunji Olurin (rtd) as the Administrator of Ekiti State for six
months. According to him his action was to resolve the counter claims of three
governors and to “preserve law and order, good governance and ensure probity in
governance in Ekiti State.”[26]It is instructive that President Obasanjo would appoint a
(retired) military officer as the Administrator of Ekiti State. If there was a
breech of the constitution that led to three claimants of the governorship, one
would have thought that the Judiciary would have been the appropriate authority
to interpret the constitution and decide accordingly and not the Presidency.
Irrespective of the imperfections in the 1999 Constitution of
Nigeria as a federalist treaty, it is difficult to find any justification
therein for the way state governors, especially those of the PDP-ruled states,
have accepted the interference of President Obasanjo in the administration of
their respective states. By so doing, they have not only abrogated the
independence of the federating units but aided President Obasanjo in subverting
the fundamental tenets of federalism. This is exemplified by the role of
President Obasanjo in determining when and how a state governor can be
impeached. In briefing journalists on the outcome of his telephone conversation
with President Obasanjo, the embattled governor of Anambra State, Peter Obi,
revealed that President Obasanjo “told me to face my work because the matter is
being looked into by the PDP. He also told me that he is saddened about what is
happening but asked me to continue my work in the state."[27]Unfortunately for Governor Obi, the PDP looked into the
matter from a different perspective and impeached him on November 03, 2006.
Since the defeat of the proposed amendment to elongate the
term of President Obasanjo beyond May 2007, by the National Assembly in May
2006, there has been heightened unpredictability in the polity. Will President
Obasanjo hand over power in May 2007 if his successor is not his personal
choice? Will President Obasanjo allow a free and fair election? Will the
Independent National electoral Commission (INEC) be able to conduct a free and
fair election in 2007? Will there even be an election in 2007? These questions
are only legitimate in a political system riddled with poor governance, one
where the rules of political contest are determined by undemocratic practices.
That the population, as reported in various Nigerian newspapers,
will even contemplate whether or not President Obasanjo will hand over power in
May 2007 is indicative of the failure of politics and governance in the system.
How do we explain these troubling developments?
An explanation is located in two inter-related phenomena. The
first is the military background of President Obasanjo that moulded his anti
federalist policies. Secondly, we have the weak personalities of state governors
and most of the elected federal and state legislators vis-à-vis federalism. For
the purpose of this lecture we shall focus mainly on the first phenomenon. The
intrusion of the military in governance in January 1966 ushered in a systematic
dismantling of federalism in Nigeria, in favour of a military-command system.
President Obasanjo was a product of that military-command system. He operated
this system during his tenure as Nigeria’s military dictator in 1976-1979.
Thus, by electing a former military dictator as their
president in a civilian democratic regime, Nigerians unwittingly entrenched the
military command system of government inimical to good governance and
federalism. Given his military command background, President Obasanjo does not
appreciate the need to separate party and state
jurisdictions. For him, party intrusion in state legislative jurisdictions is a
normal political activity even under a federal system. As is argued elsewhere,[28]
the “authority of the PDP national executive committee replicates that of the
supreme military council under the military regime that Obasanjo was familiar
with. Unable to extricate himself from the military concept of governance, he
accords semi state jurisdictional powers to the PDP in assisting him to handle
PDP state governors and PDP elected legislators, just as the supreme military
council had over state military governors,” under his military dictatorship. His
undue interference in the governance of the constituent states is influenced by
his conception of governance from his tenure as a military dictator. That his
two principal aides, Chief Anthony Anenih and Dr. (Col.) Ahmadu Ali are products
of the command system, being former police and military offices respectively,
underlines his preference for the military command system of governance.
Nigerians recall the role of the PDP in Akwa Ibom, Anambra,
Bayelsa, Delta, Edo, Ekiti, Oyo, and Plateau states where, in varying degrees,
the intrusion of the party into areas of exclusive state jurisdictions has
further entrenched corruption and compromised good governance in Nigeria. These
events were headline newspaper stories.[29]The role of the PDP in compromising good governance is best
illustrated in the cases of Anambra and Oyo states, where the party’s godfathers
were encouraged and aided by the federal government’s security forces to
incapacitate the elected governments of those states. With Chris Uba and Lamidi
Adedibu in Anambra and Oyo states respectively, President Obasanjo, in his dual
role as the head of state and leader of the PDP, encouraged the policies of
these PDP godfathers in their undermining of the governments of those states.
The anti-federal characteristics that define federal-state
relations in Nigeria are replicated in state-local government relations across
the country, where a local government council is considered a division of the
governor’s office. In fact, a chairman of a local government (equivalent to a
Mayor in North America) holds his seat at the mercy of his state governor. These
levels of dependency akin to a unitary system hinder the practice of federalism,
and thus compromise good governance in the polity. As was the practice in feudal
societies, where the principle of the serf of my serf is my serf defined
the power and authority of the feudal lord, President Obasanjo presides over a
similar system in Nigeria as he controls state and local government officials.
This strangulation of federalism is more pronounced in the 28 (out of 36) states
controlled by the PDP, as the monolithic philosophy of the party further
subjugates state and local party officials under the rule of President Obasanjo.
It is obvious that the decades of military dictatorship (1966-1979; 1983-1999)
since independence in 1960 have left scars injurious to good governance and
federalism in the fabric of Nigerian politics. To the extent that Nigeria has
survived 8 years of post military rule, under the Obasanjo civilian presidency,
can be considered a victory for democracy. It is tempting to postulate
that General (President) Obasanjo’s influence on the military may help to
explain the longevity of the Fourth Republic. Irrespective of this, the
population has been denied any dividends of democracy. Religious and
inter-ethnic conflicts, the epileptic supply of electricity, the collapse of
socio-economic infrastructures – education, health and roads, etc - and the
confrontations between Niger Delta youths and federal military forces in the
Niger Delta are all symptoms of poor governance on the part of the three levels
of government in Nigeria.
Without prejudice to the negative effect of military rule on Nigerian politics,
it will be preposterous to place all the blames of poor governance on this
phenomenon. Elected public officials, a vast majority of whom were never in the
military, have compromised the tenets of federalism in their various offices.
State governors, who are supposed to defend the sovereignty of their respective
states, have mortgaged this imperative to monolithic forces outside their state
jurisdictions. Governor James Ibori of Delta State exemplifies this category of
elected officials. He demonstrated his debility of thought on this issue when he
“blamed the abandoned projects in the state on party patronage.” He revealed
that “party pressure had often led to the award of contracts to members who
turned out to be inefficient.” He declared: “The problem is due to patronage.
You will be accused of not looking after your party constituency.”[30]
It is interesting to note that Governor Ibori issued this declaration on August
10, 2006, more than 7 years after his initial election in May 1999. When did he
know of these “abandoned projects?” Why should “party pressure” compel him to
award contracts to “inefficient” party members? Is the problem “due to
patronage” as he alleged, or is it due to mutually agreed corrupt practices
between the contractors and his government? Why did his government fail to
ensure that the contracts were fully executed with the best quality and
technology? These are some of the vital questions that Governor Ibori failed to
answer. But the effect of his government’s supervision of abandoned projects was
to deny the citizens of Delta State the benefits of their investments in
schools, health centers, roads, employment, etc. In late 2005, it will be
recalled, Governor Ibori also imputed the reason of dissolving his cabinet and
appointing a new one to the directives of the national executive committee of
the PDP.
Resolving
the Issue
The 1960 Independence Constitution and the 1963 Republican
Constitution provided solid foundations for good governance under a federal
system in the country. The practice of federalism was on the right track until
the military struck on January 15, 1966. There is an urgent need to recapture
elements of that period. As entrenched in those documents, Nigerian federalism
in the pre January 1966 period respected the jurisdictions of the federating
units in key areas, including revenue derivation, agriculture and local police
force. Each Region had its own constitution and flag. Therefore, in order to
construct a renewed federalism it is vital that we recognize and respect the
premises of good governance in a federal democratic polity. Thus,
particular attention must be paid to the following:
►A genuine federal system.
While it is conceded that federalism is not synonymous with good governance, the
fact that Nigeria is a federal system suggests that we consider the properties
of federalism as prerequisites for good governance in a federal polity. As we
indicated above, in a federal system, both levels of
government – the central government and the states (federating unites) – are
independent, but never subordinate to one another, and the relationship between
the central government and the federating units is horizontal and not vertical.
Furthermore, federating units exercise exclusive jurisdictions over key areas of
the economy and natural resources, and decide on which of their powers they
would each concede to the federal government, excluding Defense, custom, and
foreign policy which reside under exclusive jurisdiction of the federal
government. There is a federation because federating units agree to federate.
Adherence to these fundamental premises is essential in establishing a solid
conceptual base for good governance in a Federal Republic of Nigeria.
The persistent clamour for state creation suggests that rationale thought be
given to the number of federating units that the system, as a whole, can
adequately support. The fact that the four federating units as of 1963 have been
balkanized into 36 states underlines a fundamental problem with the approach
Nigerians have adopted on this issue. Besides the Midwest State which was
constitutionally created in 1963 under a civilian government, most of the
subsequent 32 states created by successive military dictatorships lack the
capacity to survive as independent entities.
In restructuring Nigerian federalism thought must be given to the idea of basing
it on ethnic nationalities. As a framework for a renewed federalism in Nigeria,
we propose the construction of homogeneous federating units (states) for the top
10 most populous ethnic nationalities that have contiguous
territories, and a maximum of 15 multi-ethnic federating units (states) for the
other ethnic groups. Thus, there will be homogeneous ethnic-based states for the
Hausa, Igbo, Ijaw, Kanuri, and Yoruba, etc., while the others will constitute a
maximum of 15 multi-ethnic states (federating units). ethnic nationality in a
heterogeneous state will constitute an autonomous region with due
constitutional jurisdictions. SEQ CHAPTER \h \r 1An ethnic
group with multiple kingdoms in a heterogeneous state will fuse into one
kingdom to constitute an autonomous region in the given
heterogeneous state. SEQ CHAPTER \h \r 1 An
autonomous region shall have concurrent jurisdiction with the heterogeneous
state over natural resources (mines, minerals, oil and gas) found in its
territory, but shall exercise exclusive jurisdiction over primary education,
culture, language, and traditional institutions. Depending on its capability, an
autonomous region may also establish its own Autonomous Regional Police Force.
If an Autonomous Region cannot have its police fore, it could contract the State
police for its policing duties. A Charter of Rights and Freedoms
protecting minority rights will anchor this renewed federalism.
►Federalism compliant institutions.
Just as a federating unit (the state) is independent of and not subordinate to
the central government, political parties in the states must be independent of
the parties’ national executive committees that they are affiliated with. The
unitary structure of political parties vis-à-vis the federating units is at
variance with the tenets of federalism. If we argue in favour of federating
units (state) maintaining their independence from the central government, and
postulate that they are coordinate with and not subordinate to the central
government, then it is incongruous for us to permit a national unitary command
structure in political parties that govern those federating units. Irrespective
of the fact that a state chapter of a political party shares similar
philosophical positions with a particular national political party with which it
is affiliated, the state party concerned must be governed by the core interests
of the given state whose interests may conflict with those of the national
executive committee of the party. Similarly, the state executive committee of
the party is not obliged to endorse the presidential candidate of the party if,
in its judgment, such a candidate espouses policies inimical to the core
interests of the given state. Thus, the national executive committee of the
party has no jurisdiction over the state executive committee. This is a core
aspect of federalism. It also dictates that political parties do not need to
satisfy any geographical spread as a criterion for contesting elections for any
office in the polity. Respect for this fundamental principle will eliminate the
interference of a party’s national executive committee in the internal affairs
of a state, and thus facilitate the prospect of good governance.
►Credentials
of elected officials.
Elected officials must possess and demonstrate excellent leadership qualities
and credentials for the offices they occupy. The question of leadership quality
is crucial to the rudiments of good governance, as the quality of leadership
determines the incorruptibility, accountability and transparency of the
government. In addition, they must recognize their constitutional jurisdictions
and the superiority of their public elected offices vis-à-vis the diktat of
their respective political parties. Compared to the caliber of leaders that had
presided over state affairs in Nigeria’s previous republics, the collection of
leaders in the Fourth Republic (1999 - present) are the most corrupt, the least
accountable, and the least qualified. Besides the vexing issue of corruption,
which has damaged Nigeria’s image in the international community, the quality of
leadership, especially at the third tier of government, has contributed
significantly to the poor governance in the polity. This factor accounts for the
increasing absence of government at the local government level. Local
government council is the bedrock of governance in a federal democratic system.
As the government closest to the population, the measurement of the success of
governance begins at this level. Unfortunately, most of the chairmen and
councilors across the local government councils in Nigeria do not seem to
possess the prerequisite skills and experience required to manage a government
institution.
For this level of government to play its constitutional role in governance, it
is vital that it enjoys a degree of independence from the undue interference of
a state government. The idea of a state governor determining the choice of
chairmen and councilors of local government councils is injurious to the basic
construct of free and fair elections that underline a democratic polity. Because
of the characterization of local government chairmen as errand boys of their
state governors, qualified people with the knowledge, experience and integrity
to manage government institutions are dissuaded from vying for offices at this
level. That Mr. Andrew Young, a former Untied States Ambassador to the Untied
Nations Organization would later become the mayor of Atlanta (that is, local
government council chairman in Nigeria) underlines the caliber of leadership and
experience that is required mostly at the local government council level. When
Nigeria’s counterparts of Andrew Young vacate this crucial level of government,
then it is inevitable that the least qualified and those more susceptible to
corruption would fill the void to serve as militant brigade for their respective
state governors. The nature of Nigerian politics dissuades many qualified and
principled persons from seeking elective positions at all levels of government
in Nigeria. For as long as “Ghana-must-go-bags” continue to determine the
qualifications for such offices, corruption, mediocrity and ineptitude will
remain supreme in Nigerian politics. The challenge, therefore, is for Nigerians
to alter this construct.
The intrusion of the military in Nigerian politics has severely damaged the
fabric of federalism and democratic institutions in the country. This is
reflected in the caricature nature of federalism and the unitary command system
that has come to characterize political discourse on federalism in Nigeria.
Thus, in line with the proposal of General David Ejoor (rtd), a 20-year ban of
the involvement of retired military officials in contesting for elective offices
in government and political parties will help to gradually cleanse the polity of
these undemocratic tendencies. Furthermore, it is ironic and contradictory that
while Nigerians perceive military rule as an aberration and undemocratic, they
find it necessary to legitimize those responsible for these infractions by
assigning them constitutional responsibilities via the Council of State in a
democratic polity. If Nigerians are resolute in their condemnation of military
rule as undemocratic, it remains a bafflement that certain political leaders
take this abnormality into consideration in their calculation of the number of
years that military dictators from some “geopolitical” zones have occupied the
presidency (head of state) in Nigeria as they argue for a power shift or
rotational presidency in favour of their “turn” to produce the next president.
Such an argument lends credence to a military coup as a legitimate and
democratic process of regime change.
► Electoral independence.
Each state must have its own electoral commission whose responsibility it is to
conduct and supervise elections for the offices of governor, deputy governor,
state house of assembly, and local government council on a schedule different
from or coinciding with national elections for the presidency and national
assembly. As an independent entity in a federal system, federating units must
possess exclusive jurisdiction over the institution that is responsible for
conducting and supervising elections for political offices in their respective
territories. To accord this function to a national electoral commission is to
vitiate the independence of the federating units and to compromise federalism.
► Governors’ security votes.
It is alleged that each state governor receives 65 million naira monthly[31]
as a security vote, for which he is not required to render any accounts. It is
either this practice is abolished or state governors are compelled to render
monthly accounts on how this public fund is spent. Failure to do this would be
tantamount to encouraging corruption in the system. It is safe to postulate that
state governors divert this sum to their respective personal uses, including the
maintenance of armed youth brigades that have become agents of terror against
political opponents within and outside their political parties.
In conclusion, I once again thank Professor Ikelegbe and his colleagues for
giving me this opportunity to share my views with you. I hope that I have
succeeded in provoking your thoughts on the subject matter. The future of
Nigeria depends on our collective preparedness to engage in such debates, and
ensuring that the rule of law and good governance underline political contest in
a Federal Republic of Nigeria.
[1]
See, The World Bank, Reforming Public Institutions and Strengthening
Governance. A World Bank Strategy, Washington, D.C., November 2000.
[3]
Daniel Kaufmann, “Myths and Realities of Governance and Corruption,” in
Working Papers & Articles, World Bank, Washington, D.C.,
September 2005, p. 82
[4]
Daniel Kaufmann, Aart Kraay, and Masimo Mastruzzi, Governance Matters
V: Aggregate and Individual Governance Indicators for 1999-2005,
World Bank Institute, World Bank, Washington, D.C., September 2006, p.4.
[5]
Mao Zedong, “On Protracted War,” in Selected Works: Vol 2,
Peking, 1965.
[6]
The World Bank, Reforming Public Institutions and Strengthening
Governance: A World Bank Strategy, p.1.
[17]
Kaufmann, “Myths and Realities of Governance and Corruption,” p.82.
[18]
Reuben Abati, “Nigeria’s deplorable roads,” The Guardian, Lagos,
Friday, October 13, 2006.
[19]See, ThisDay online, Lagos, Monday,
June 12, 2006.
[20]
O. Igho Natufe, “Toward The Demilitarization of Nigerian Politics: A
Prerequisite for Good Governance,” A Keynote Address presented at a
seminar on NIGERIA: THE WAY FORWARD organized by the Nigerian Awareness
Group in Zurich, Switzerland, on June 24, 2006, pp.7-8.
[21]
See, Vanguard, Lagos, Wednesday, June 21, 2006.
[22]
See, O. Igho Natufe, “Another Assault on Federalism,” Nigeria Today
Online, Lagos, Friday, June 23, 2006.
[23]
See, Alifa Daniel, “Call Enugu Governor to Order,” The Guardian,
Lagos, Monday, July 18, 2005.
[24]
Tope Abiola and Gbenga Olumide, “Fayose: I’m still Ekiti gov – Wife
arrested inside church,” Nigerian Tribune, Ibadan, Wednesday,
October 18, 2006.
[25]See,
“FG considers state of emergency in Ekiti – Olujimi, Aderemi runs
parallel govts,” Nigerian Tribune, Ibadan, Wednesday, October 18,
2006.
[27]
See, “Face Your Job, Obasanjo Tells Obi,” Daily Independent,
Lagos, Friday, October 20, 2006.
[28]
Natufe, “Toward The Demilitarization of Nigerian Politics: A
Prerequisite for Good Governance,” p.6. See also, O. Igho Natufe,
“Discordant Chords in Nigerian Politics,” in Nigeria Today Online,
Lagos, December 09, 12, 13, & 14, 2005.
[29]
See, for example, “PDP probes Akwa Ibom impeachment,” Vanguard,
Lagos, Tuesday, June 28, 2005; “PDP Wades into Budget Probe,” THISDAY,
Lagos, Thursday, August 04, 2005; “PDP speakers meet Ali, plead for
Lalong,” Daily Independent, Lagos, Thursday, August 18, 2005;
and “PDP orders reinstatement of suspended Igueben LG chief,” The
Punch, Lagos, Thursday, August 18, 2005.
[30]PUNCH ON THE WEB, Lagos, Friday, August 11, 2006.
[31]
See, Ugochukwu Ejinkeonye, “Echoes From The Jungle,” Nigeria Today
Online, Lagos, Friday, February 03, 2006.
