Cost of weak institutions, powerful individuals
03 March 2010
Daily Independent
Lagos: President Olusegun Obasanjo has never failed to employ every opportunity to remind the nation of the great sacrifices he has made towards building and protecting Nigeria. He did so again a few weeks ago at the Seventh Trust yearly lecture organised by Daily Trust Newspapers. It was at a forum where he explained his role in the making of the presidency of Umaru Yar'Adua and Goodluck Jonathan.
The ex-President at the event, which came in the wake of sustained debate on the propriety of Yar'Adua remaining in a Saudi Arabian hospital while the nation drifted because there was no formal hand over to Jonathan to enable him steer the ship of state, had thumbed his chest for his role in the Nigerian-Biafran civil war and his role ever since at the various stages of national development.
Even though many seem not to be contending his military records, the institution being a conservative, close circuit affair, not a few are raising issues with his claims on the establishment, nurturing and growth of democracy in the country, especially in the eight years that he was in office.
On the basis of this, some critical observers are asking the questions about what model the former President left behind. How much building did he do and what were the materials he employed for the structure he claims to have put in place. To underscore the import of their critique, they seek answers from the current situation in the country. Would the on-going harrowing experience the nation is undergoing have been so if there had been attempts in the last 10 years of democratic practice to play according to the rules?
Against this backdrop, have the principles, processes and institutions which form the foundation for democracy been made formidable enough to play their roles?
In The Beginning
For 16 years after the military truncated the second republic, Nigeria had groaned under the iron fist of military rule and bemoaned its effect. Apart from arguing that it was out of fashion given the template across the world, Nigerians also complained bitterly about its main features, especially high-handedness arbitrariness and impunity.
It was therefore a great national relief that on May 29,1999, democracy returned in the country after several battles in open field and behind the scene, an outcome that took the blood of many Nigerians high and low. Expectations were high that a new dawn had finally arrived and that Nigeria would quickly connect to the rest of the world and reap the abundant benefits of an open society that democracy brings.
However, it did not take a long time for these expectations to start dimming as the civilians who took over began to replace the vices Nigerians complained about with their own brands. What has since emerged, is what American Secretary of State, Hilary Clinton described as a culture of building powerful individuals rather than powerful institutions. Like the local saying of one finger touching oil that soils the others, virtually every institution has witnessed the negative effect of this phenomenon.
Political Parties: One Man All Votes
It is not unusual all over the world for political parties to be built around individuals, kingmakers that determine who gets what. For instance, American President, Barack Obama was never sure of the Democratic ticket in 2008, despite his swelling image and groundswell of support from across the party, until he got the nod of the late Massachusetts Senator, Ted Kennedy. Kennedy, because of his track records both as a Senator for 47 years and the quality of representation of his constituency and American people as a whole, had occupied a special place in the Democratic Party, such that many people looked in his direction to take a cue on various issues.
In other words, his revered place in the minds of the people stemmed from respect and not coercion. Therefore, that Obama sought after him, was not that he was capable of raising the iron hammer to cajole anybody to submission, but because his leadership abilities had attracted to him droves of loyal followers as bees to a nectar.
But in Nigeria, the situation seems largely different. The new crop of leaders that emerged on the political scene appears quite contemptuous of persuasion as a weapon to obtain loyalty. Instead they see more potency in the use of raw force.
Thus, instead of relying on charisma, oratory and wits, which created tin gods out of the likes of the late Owelle of Onitsha, Nnamdi Azikiwe, Chief Obafemi Awolowo, Ahmadu Bello, Kingsley Ozumba Mbadiwe and even Moshood Abiola, the new politics of today seems to rely more on military type model, which demands loyalty by command. The result of this is that "garrison commanders" were created everywhere leading to Obasanjo declaring the 2007 general election as a do-or-die affair.
In the political parties, little regards appear to be paid to general opinions in preference to individuals, who are either in control because they wield power by virtue of their ability to dispense privileges or because they had some other uncanny powers to determine the fortunes of others. Thus, it was not surprising that despite the outcry by members and Nigerians at large, Obasanjo, was able to change the leadership of the PDP as easily as his cabinet without anybody doing anything to reverse it.
The same was also true with state governors, not only from the PDP, but other political parties. In this strange chain, all elected representatives at the state level owed their allegiance to the state governors, who in turn, owed same to the President. Elements who failed to follow this rather established system, in most cases paid dearly for their actions in various ways.
Dependent, Independent Umpires
Perhaps the powers wielded by these powerful personalities would have been of little consequence if they had no consequences on electoral fortunes. However, the reverse seems the case. They not only influenced electoral outcomes, but determine them. At the state levels, the fact that no other candidate wins local government elections than those of the ruling parties is ample indication of the monumental influence of the governors on the process. This stems from not only the fact that all the members of the State Independent Electoral Commission (SIECS) are appointed by the governors but the massiveness of the control exerted on them.
This also applied substantially at the national level, with the only difference being, perhaps, the extent. It is no secret that many of the National Assembly members who opposed Obasanjo during his time never made it back to office.
That some former governors, like Orji Uzor Kalu in Abia, Bola Tinubu in Lagos and James Ibori in Delta, were able to return to office despite their open battles with then President is believed to have resulted from the fact that they were equally "powerful individuals" in their own rights, with immense personal capacities.
The huge control the President seems to wield on the polity is also seen as consequential to the powers given him in the Constitution. He not only appoints the members of the Independent National Electoral Commission (INEC), but also the heads of the security agencies.
This is believed to have given him the leeway to influence how they apply themselves, in the doctrine of who pays the piper dictates the tune. This is underscored by the ugly political picture that engulfed states like Anambra and Oyo states between 2003 and 2007, when certain elements in the states assumed power of political life and death despite their palpable unpopularity.
Security According To Their Wishes
Nothing underscores the fact that the extent of work security agencies carry out is determined by the thinking of powerful individuals in the country more than the litany of unresolved killings in the country. The endless list contains names like former Attorney General of the Federation, Bola Ige, Chieftain of the All Nigerian Peoples Party (ANPP), in Rivers State, Harry Marshal, his counterpart in the PDP, Alfred Aminasaori Kala Dikibo, Lagos State governorship hopeful, Funso Willams, Ayo Daramola, PDP governorship aspirant in Ekiti State and recently Action Congress (AC) candidate in Ogun State, Dipo Dina.
Of course there are victims, though apparently of lesser national status, but whose cases were equally high-profiled including, Sunday Ugwu, elder brother of Nwabueze Ugwu, a legislator representing Nkanu East LGA in Enugu State, Momoh Lawal, a relation of Umar Akaaba, former Chairman, Okene LGA in Kogi State, Odunayo Olagbaju, member of the state assembly in Osun State, Victor Nwankwo, younger brother of leader of Peoples Mandate Party (PMP) and founder of Eastern Mandate Union (EMU) Arthur Nwankwo. Others include chairman of the Anambra branch of the Nigerian Bar Association (NBA), Barnabas Igwe and his wife, Abigail, former Vice Chancellor of University of Nigeria Nsukka (UNN), Prof. Chimere Ikoku, Alhaji Isyaku Muhammad, National Vice Chairman, North West United Nigeria Peoples Party (UNPP) and Chief Ogbonnaya Uche, an aide to former Imo State Governor, Achike Udenwa, said to be aspiring to the Senate.
There is every reason for many Nigerians to believe that these murders are yet to be resolved because of the protection their perpetrators enjoy from the powers that be. In fact, things got to a head at a time that Nobel Laureate, Wole Soyinka described the PDP as a habouring a "nest of killers."
This ugly record is accentuated by the obviously weird use to which security agents are put by politicians at various times especially during elections.
Judiciary: Justice By Other Means
Despite some landmark judgements that have come from the law courts in Nigeria, not a few Nigerians believe that this crucial arm of government is as guilty as anyone else in the parlous political situation in the country. The symbol of justice as depicted by the blindfolded maiden is believed to be inapposite to many of the judges in Nigeria, most of who appear to unveil it so as to look at faces and dish out justice accordingly.
Even though some of the judges, like Wilson Egbo Egbo of the Abuja Federal High Court and Kingsley Nnaji, his counterpart in Enugu as well as Okechukwu Opene and David Adedoyin of the Court of Appeal Enugu lost their jobs because of this, many analysts believe that they were just unlucky because there are many of their counterparts who were as guilty or even more culpable. Apart from bad judgements, the judiciary is also being blamed for delaying justice. Till date, some of the cases emanating from the 2007 election remain unresolved as all manner of judicial magic are being employed to scuttle their early determination.
Representatives Without Representation
One of the vital institutions in most democracies all over the world is the legislature. Its duty is so important in a democratic setting, particularly in a presidential system of government that Nigeria operates, that it is described as the first branch of the three arms of government.
Even though the executive, represented by the President is seen as the face of any country, the legislature is taken as the soul, such that without winning it, the Presidency as an institution becomes heavily impaired. That is why today, Obama, is trying every gimmick to get the American Congress on his side to move his health reform forward.
In fact, one of Obama's predecessors, Bill Clinton had to face the hardest task of his presidency when this arm of government took him on in the celebrated Monica Lewinsky case. Clinton, who was impeached by the House of Representatives for lying on oath over his inappropriate behaviour with the White House intern, managed to escape a similar fate in the Senate, which eventually saved his job, but not before being thoroughly shaken and humbled. Richard Nixon, another of his predecessor, was not as lucky over the Watergate scandal, as he had to step down from office when the same congress came after him. Such is the immense power of this arm of government.
However, this profile appears to be in reverse order in Nigeria. Here members of the legislature, both at the federal and state levels seem comfortable in the pockets of individual governors and presidents, as well as other powerful individuals who call the shots at various points.
Today, not only does the Nigerian National Assembly (NASS), seem totally ineffective in the face of several executive breaches of the Constitution, but even go steps further to aid and abet them.
Apparently because some of these infractions, which began early enough, were treated with kid gloves, in what the PDP would gratuitously described as "family affair," the perpetrators began to add more feathers to their wings to the extent that they virtually became untouchable no matter the level of their mistreatment of the Constitution.
For instance, one of the earliest crises in the country's fresh democracy was the unilateral insertion of amendments in an Act passed by NASS by Obasanjo. Despite the controversy it generated, the NASS was persuaded to give the ex-President as little as a tap on the wrist. Of course, most of those who raised eyebrows at this and other infractions never made it to back to either the green or red chambers.
This was followed by similar and even more damning acts that by the time he left office in 2007 after the failure of the third term agenda, the ex-President had assumed such powers that he could do anything.
In fact, it is believed that Obasanjo would not have tried the third term agenda, which nearly brought the wheel of the nation to a full stop if he had been checked early enough.
Even Yar'Adua, despite his mantra of rule of law and due process is believed to have also acted in manners that would have seen him out of office were he operating in more democratic-compliant environs. For instance, it is a known fact that despite its damning implication he had shown very scant regard to the implementation of national budgets.
Yet the only thing Nigerians see as reaction is the deep grumblings from the NASS members without any step taken to whip the President into line as the Constitution empowers them.
Even in the current health saga of the President seems to rest substantially on the inability of the NASS to live up to its billing. A few days before Yar'Adua travelled out of the country, the nation had been treated to a mysterious rift purportedly existing between the two chambers of NASS over which was to host the presentation of this year's budget.
While the disagreement was hyped as resulting from an alleged deep rift between Dimeji Bankole, Speaker of the House of Representatives and David Mark, Senate President, many Nigerians, used to the nation's anything-can-happen style of democracy, had suspected something different. Like the bird dancing in the middle of the road, many had looked in the forest for the drummer.
But not until the story of the President's illness broke, after the budget was eventually sent to both chambers by his Special Adviser on National Assembly Matters, Muhammed Aba-Aji, were their suspicions confirmed. It emerged that the whole unholy episode had to do with Yar'Adua's inability to perform his duty.
Consequences: Counting Costs
Today, the direct consequence of the whole story of Nigeria's democratic journey is seen in the precipitous state the nation has found itself regarding the Yar'Adua saga. Because of the lack of will to arrest bad situations, straighten crooked lines and concretise the columns and pillars, the nation seems to have found itself standing on a platform built by termite-eaten planks, which appear too weak to carry its democratic structure.
With the past faltering of each of the institutions, such as the political parties, NASS, Executive Council of the Federation (EXCOF) and other bodies, it is evident that they have found themselves in a precarious spots, where every option before them seems wild and dangerous; where quick fixes, though attractive may result into dire consequences.
Moshood Erubami, Transition Monitoring Group (TMG) Chairman, blamed the situation on the brand of politics in Nigeria. He said: "It is the political system breeding the kind of dichotomy that is making the few very powerful at the expense of the majority. What we should do is to make public office less attractive and place enormous power at the disposal of the people. For instance, subject public officers at the whims and caprices of the governed. It is either we get this in place or we forget about democracy," he said. Joe Okei-Odumakin, of Campaign for Democracy (CD) President concurs, saying the way to ensure a truly representative democracy is to ensure institutions strong and tested to resist any overbearing influence of any individual in power of outside of it. "This will entail whittling down the emoluments of public office. We should make it purely service-oriented. But above all we must work towards attitudinal change in our society. We should also ensure that politicians fear the people; they must nurse the fear of what lies ahead of public office. They must nurse the fear of election year, as it is the case in decent democracy." she added.
National Chairman of African Renaissance Party (ARP), Yahaya Ndu, traced the root of the aberration to the type of system bequeathed to Nigeria by the colonial masters who he accused of contriving administrative structures that ensured colonial administrators were powerful enough to subjugate the natives. "Nigerians who took over from the British simply stepped into the shoes of their colonial masters. There were no fundamental changes."
The way out, he posited, would be for the enthronement of a people's government in which the views of the greater number.
Head of Secretariat of the Mega Summit Movement, Wale Okuniyi, suggested strong political foundation based on mass participation and consultation. He said: "We need to evolve a framework that is consultative and which would derive life and continuity from the sanctity of public institutions; we need to develop political processes with strong foundations built on mass support. At the moment, we in the process of evolving a constitution, now is the time to consider how best to ensure the individuals no longer control institutions but are obliged to keep faith with it. If the ruling party were such, it would have long taken far-reaching decisions that would have forestalled the kind of situation in the country today."
Spokesman of Afenifere Renewal Group (ARG), Yinka Odumakin, expressed concern over the inability of Nigeria to evolve a credible electoral process that would ensure that those in government draw their legitimacy from the people and owe their allegiance to them, and noted that this was a necessary condition for the emergence of strong public institutions. "It is extremely important that there is one man one vote, so that those who occupy the seat of power would draw their mandate from the people, and this would require a credible electoral system," he said.
Lagos State Governor, Babatunde Fashola told journalists at the Murtala Muhammed Airport in Lagos institutions were greater than individuals even if those individuals created those institutions. Hear him: "It is a clarion call to all political leaders to get ready to contribute their quota to the building of institutions, in the recognition that institutions need great men and women to build them. When institutions fail or when they succeed, it is men or women that have failed or succeeded. The roles of men and women in building and managing institutions are important."
While leaving the 1787 American Constitutional Convention, Benjamin Franklin was asked by a bystander, "What have you given us, a republic or a monarchy?" His answer: "A republic, madam, if you can keep it."
Robert Hutchins in his own postulation said about democracy: "The death of democracy is not likely to be an assassination from ambush. It will be a slow extinction from apathy, indifference, and undernourishment."
Perhaps, Nigerians may begin to imbibe the meaning of these postulations to avoid a relapse into the precarious situation it has presently found itself. That's if it survives this time.
* By Sunny Igboanugo
Keywords: Nigeria, executive, bureaucracy, political parties, presidentialism, military rule
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