I guess this might seem to be a strange question. The immediate answer is, “Of course!†We have a constitution, various statutes, edicts, decrees and laws. We have British-derived laws, we have Sharia laws. We have courts, a judicial system, a Sharia judicial system, customary courts, Bar Associations, and all the trappings and fittings of jurisprudence. We have law enforcement agencies with a variety of names, ranging from the police, to “Road Safetyâ€, to “Operation Fire for Fireâ€, Customs,etc, etc, etc. We even have prisions.
But seriously, do we have laws in Nigeria?
Local Government Elections
We are in a democracy. In a democracy, the people that occupy government positions are supposed to be determined by ELECTIONS. We are constitutionally a “three-tier†system, which means that ELECTIONS are supposed to decide who occupies political office at each of the three tiers.
This year, 2004, most states have indicated they will hold LGA elections. But we are ignoring a very important question, one that impacts on the more significant issue of whether or not we are practicing “democracyâ€.
Why has there been a nearly two-year delay between the end of the last term of LGA offices, and elections to the next term?
Many might brush off this question as irrelevant. But this “I-don’t-care†attitude to government is part of the reason we inevitably end up complaining about the quality of our government. It can only be one of two things. We are either in a democracy, which means we are entitled to elections as a constitutional right, or we are not in a democracy in which case we only get elections when the powers-that-be feel like extending us the privilege. And if they can deny us the right for two years without punishment, then what stops them from doing it again?
Are we constitutionally entitled to have LGA elections, to have LGA governments fulfill their term of office, and to have immediate elections to replace or reinstate them? If we are, did the federal government, the state governments, INEC and the SIECs violate the constitution by refusing to obey the constitution? And if they have violated the constitution, why has no one been punished or sanctioned for unconstitutional behaviour? And if political office-holders can violate the constitution without punishment, then what sort of “democracy†are we running.
On the converse end, maybe our constitution does not guarantee us elections. Maybe the state governments were well within their power to convert the LGAs into their private property, appointing and sacking rulers at will. Perhaps, our constitution intends LGA elections to be nothing more than an option for the governors, a choice, something to do if they feel like it, and to avoid if they are not in the mood. Perhaps a constitutional subsection allows the state governors (and the federal government by PDP-dominated extension) to convert LGAs into machines for delivering the votes for them at the next election. And maybe we need to bow down, and thank the governors for pitying us, and allowing us to vote this year (2004) in LGA elections – albeit the early signs from the first two states indicating that this years LGA elections will be unanimously “won†by whichever party occupies the state governor’s mansion. We should be grateful they are giving us “democracyâ€, since our constitution does not seem to require it.
Anambra Saga
Actually, Chris Ngige and Chris Uba have done Nigeria a favour by exposing the truth about how government works. If anyone knows the textbook definition of the word “oligarchy†(as opposed to its meaning in Nigerian politics) then you will know that Nigeria as a whole has been an oligarchy from the beginning. The faces and names of the oligarchs change, but the impact of their parasitism remains the same.
But that is besides the point. The bigger question is: Do we actually have any laws?
There have been a flurry of lawsuits in the Anambra Saga, but in all honesty, the judiciary has long since lost any credibility. Since 1999, whether it is Justice Wilson Egbo-Egbo, or somebody else, we have been treated to many court decisions that make you want to either pull your hair in dismay or grab your belly with laughter. There does not appear to be any clear concept of law, at least not in political or governmental matters (and not just in political hot-button issues like Sharia Law).
The Judiciary is not alone in this. Most of the time, the various federal and state executive branches seem to think they are monarchs and emperors with no need for legislative approval before they do anything. Likewise the various state and federal legislators seem unclear about what they are supposed to be doing. What do they do anyway? Other than source for money for themselves and for “constituency projectsâ€, they contribute little to the concept of constitutional checks-and-balances. Impeaching a succession of Speakers for being “close to the governor†is as close as they come (the impeachments, when they happens, have no visible impact on the governor’s actions).
But I digress.
Today, I read a report from THIS DAY on another “peace meeting†held between Ngige and Uba. Apparently they have agreed to abide by the provisions of the “Owerri Peace Accordâ€; a prior “peace deal†they signed. This is an application of PDP’s theory on the Anambra Saga; according to them, “it is a political issue.â€
Excuse me? Political issue? How is this not a criminal issue?
Chris Ngige entered into an agreement with Chris Uba. According to the agreement, Uba would sponsor Ngige’s election, and in exchange Ngige would steal from Anambra State to repay him, as well as appointing a large number of Uba’s men into state offices (and given the nature of the “dealâ€, you can speculate about the activities these appointees would engage in).
More to the point, elements of the Anambra State Police obeyed orders from a civilian with no constitutional political authority (isn’t this a crime?), kidnapped a governor (isn’t this another crime?), and purported to replace him as governor of the state (isn’t this another crime?). And in recent weeks at a PDP convention, gunmen and thugs loyal to both sides (crime, abi?) engaged in violence (crime again) and mayhem (crime again) to press their respective cases.
I am not a lawyer, but aren’t there laws in Nigeria covering conspiracy to commit a crime? Wasn’t the initial contract between the Chrises a crime in itself? Haven’t all of the events following been crimes of one kind or another, including violent crimes? And yet the “solution†to this state of affairs is a “peace deal†protecting the interests of both parties? I thought our government’s job was to enforce the laws of the land. So if two oil bunkerers disagree on which of them should steal crude oil from which pipeline, they should go to the government (or is it PDP?) for mediation and arbitration, leading to a “peace deal� Wow! If only this “energy†was diverted to mediating the Warri crisis.
Where is the Law and the Constitution?
The Anambra Saga is only the most well-known issue. Unconstitutional and illegal behaviour is quite widespread, and every state has been touched by events that defy constitutional and statutory logic. There have been gunfights and thug invasions in State Assembly halls, dubious payments to judges, assassinations, extra-judicial killings, missing money, etc, etc. One local government areas was completely taken over by thugs in the employ of a politician. Soldiers under orders from senior political or military figure(s) who is(are) yet to be identified (much less prosecuted) blasted the towns of Odi and Zaki-Biam. State governors spend state financial resources with no visible legislative, judicial or accounting checks or balances.
Speaking of well-known issues….
Nasir El-Rufai accused two Senators of demanding bribes from him. The Senators denied the allegation. El-Rufai presented no evidence at all, except his word. The Senators, in their response, curiously refused to swear on the Koran (a move that is very significant in a country like Nigeria). It is either one of two things. Either El-Rufai lied (and under oath too), in which case he should be forced to resign. Or the Senators are guilty, and should be forced to resign. But the whole thing has just been swept under the carpet, much like the mysterious “Ghana-Must-Go†bags of Naira that were deposited in the legislature as evidence of executive bribery.
The El-Rufai accusations, and how they were handled, is indicative of the nature of the so-called “war on corruptionâ€. For one thing, nothing happens, except after external stimulus. And even then, when external stimulus jolts the government into some sort of act, a lot of noise is made, followed by thunder, lightening, and brimstone. The government’s publicists attempt to make a single mud brick of action look like a mighty skyscraper of achievement. The media inundates us with reports on the issue, usually rumours from “sourcesâ€. And the population hails and praises the moves, and expresses thanks that we are finally beginning to fight corruption ….
…. but after the noise dies down, and the attention fades away, the issue is quietly swept under the carpet as if nothing happened. No more is said about it. Five years into our “war on corruptionâ€, if you sweep past the noise, the thunder, and the lightening, you will realize that nothing has actually happened. It is actually possible that the men behind the National I.D. Card Scandal (Akwanga, Afolabi, Nwodo, etc, etc) will come to trial. There are a variety of external pressures that will leave the government with no choice. Then again, putting the “I.D. Card Crew†in prison (if it happens, and it might not) will be as effective in fighting corruption as the arrest and prosecution of Lawrence Anini was in fighting armed robbery. Armed robbery continued to be a major menace because one-off, single, isolated events (even when spectacular) are no substitute for strong consistent policies backed by strong consistent action. As far a corruption is concerned the only consistent policy of the federal, state and local governments is disinterest and neglect. I am talking about “actions†not about “wordsâ€.
One Law for some … One Law for others
Do we have any laws? Or should I rephrase that question to ask whether our laws only apply to “the people†but not to “the leaders� Governor Bola Tinubu moved very swiftly to demolish the “illegal†Ladipo (spare parts) Market; the same governor has moved very slowly to hold constitutionally-mandated LGA elections. And speaking of the much-delayed LGA elections in his state, how does Governor Tinubu explain his initial plan to hold elections for council and chairmanship spots in 37 new/additional LGAs that are not recognized by the constitution?
Unfortunately for him (and many of the other governors), the Council of State recently decided to recognize only constitutional LGAs. But the Council’s action does not erase the fact that state governors willfully ignored the rule of law and due process in creating these “new LGAs†in the first place.
The Council probably acted because excess numbers of LGAs split the national cake further, giving each politician less cake to control. It is not like they are truly interested in the rule of law. Afrter all, the Council did not mind 2 years of unelected dictatorships imposed on all the LGAs (probably because all concerned were using these constructs to “deliver†the 2003 elections). And yes, I said dictatorships. If the President suddenly decided to postpone state gubernatorial elections, and instead “appointed†his friends into the governor’s mansions, what would we call it?
Rule of Law
The people of Nigeria demand good government. The people also demand democracy. But we will have neither true democracy, nor real good government until we are protected by a constitution and laws that are fair and applicable to every citizen, especially those wielding political and economic power. If the “Law†remains something that is occasionally active, but mostly dormant, we are in for no more than a continuation of everything we are trying to grow beyond. They have already unilaterally denied us constitutionally-required elections at the LGA level for two years, with no sanction or punishment at all. What next? What sort of “democracy†is it where we can not compel them to hold elections until they decide to “pity†us 2 years later in 2004? And given the near-unanimous “victories†for the state governors in the LGA elections so far, have they even “pitied†us, or are they just openly holding selections (not elections) with no fear of punishment or consequence?
Ike Naijaman is a Nigerian writer and commentator.
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