Advancing The Nigerian Democratic Outlook Through The Law (3) By Ebun-Olu Adegboruwa, Esq

In the previous two editions of this piece, we have considered
the factors that will engender a true democratic experience in our
dearly beloved country Nigeria. We also discussed those factors
that seem to hinder the growth of democracy. In this concluding
part, we shall further x-ray the impediments to democratic
attainment, proffer suggestions and recommendations, for the
players to deploy as action plan towards achieving true democracy
and trust our leaders to implement them.

THE GODFATHER FACTOR/IMPOSITION OF
CANDIDATES

Democracy as we have all come to recognize it, is a rule of
choice, whereby the people are allowed the exercise of their free
will, not only in their choice of leaders, but also and more
importantly, in the system and style of governance. So, when a
political party or any other organization involved in the
democratic agenda, makes the practice of forcing leaders on the
people, then democracy cannot thrive, simply because imposition of
any kind at all, is antithetical to the freedom of choice.

All across the major political parties, there is the complaint
and protest against the imposition of candidates, against even the
constitution of these parties. In some cases, the electorates have
paid the godfathers back in their own coins, with the loss of
elections, and in other cases, the courts have helped to water down
their ego by reversing their several acts of impunity. My point
however is that we don’t even need to get to the point where the
people have to protest before the players and actors will agree to
respect the freedom of choice. It should simply be part of us.

EXECUTIVE/LEGISLATIVE RECKLESSNESS:

The executive at all levels in Nigeria seems to have the notion
that, that ‘executive might is right’. They operate the machinery
of government most times according to their whims and caprices,
without due regard for the laws of the land and this has weakened
the advancement of democracy in many respects. A few examples
include but are not limited to:

i. Selective obedience to the judgments of court. Whereas
section 6 (b) of the Constitution empowers the courts to determine
disputes between governments and citizens, sad instances abound
where the executive arm of government has failed or neglected to
obey orders granted by the courts, reminding us of the hey days of
the military juntas.

ii. Attempts at emasculating the legislature and the judiciary:
The executive arm has carried on the activities of governance in
Nigeria, with so much loath for the principles of checks and
balance. Thus, any institution that stands on its way must be
crushed. The law has been thrown to the wind in such instances,
with frivolous prosecution of members of the legislature and
intimidation of the judiciary in some other cases.

iii. Abuse of the fundamental rights of Nigerians: The End SARS
campaign by a majority of the Nigerian masses on social media, is a
sad reminder of the many cases, where security agencies operate as
though either there is no law in the land or they are above the
laws of the land. This is against the spirit of democracy by all
standards.

iv. Interference in the Judiciary by the Executive: By the
combined provisions of sections 4, 5 and 6 of the Constitution, the
principle of checks and balances was entrenched, whereby one arm of
government should not be seen as lording it over another arm of the
same government. In practice however, the Executive arm of
government has been guilty of this more in breach, on a daily
basis. A good example is the case of the former Chief Judge of
Kebbi State and current Chief Judge of Kogi State, who both had a
running battle with their State Governors, for daring to resist
executive takeover of the judiciary. Which was why the Nigerian Bar
Association, at its last Executive Council meeting in June, 2019
rose up in defence of judicial autonomy and independence.

WEAK INSTITUTIONS:

Former President Barrack Obama in his address to the Ghanaian
Parliament as part of his maiden visit to that country stated thus
“No person wants to live in a society where the rule of law gives
way to the rule of brutality and bribery. That is not democracy,
that is tyranny, and now is the time for it to end.” “Africa
doesn’t need strongmen, it needs strong institutions,” The Nigerian
society has not taken advantage of the instrumentality of law to
build enough capacity in institutions to deliver on their mandates
and this has created a lot of inconsistency in governance.

A DOCILE CITIZENRY: The laws themselves do not
have mouths, hands and legs to walk the talk. Their enforcement for
the common good requires human agents. Now a docile citizenry is
one that watches while state actors or politicians continue to
flout the laws of the land and do nothing. Now ask yourself: are u
a docile citizen? What have you done or are doing to speak out
against the breach of the law by elected officials?

It is on this note that Pat Merloe in the article published in
“Democracy Works” urges us thus:
“There is no democracy without the engagement of citizens.
Engagement is thus both a right and a responsibility of citizens in
establishing, developing and sustaining democracy. Citizen
engagement is not an abstraction; it takes tangible forms and
serves particular purposes to improve people’s’ lives. Citizen
engagement pursues economic, social, cultural and political
development, including the provision of opportunity, resources,
services, and security.”

SUGGESTIONS FOR REFORM

This discourse is not the book of lamentation and as such, I
shall attempt to make some recommendations towards the advancement
of democracy in Nigeria. These include:

i. Strengthening the Electoral Process: There is the urgent need
to tinker with the electoral laws and the Constitution, to firmly
entrench the deployment of technology in the electoral process.
Besides, it is a joke that in this 21st century, all that is needed
to be President of Nigeria is a school certificate or its
equivalent. Law makers in the 9th assembly must as a matter of
urgency initiate amendments in this regard to a minimum of a
University Degree with a minimum diploma in law or political
science. This is to equip the leader with the requisite intellect
to manage a modern society such as ours.
ii. The Nigerian judiciary must remain fearless and bold in holding
governments accountable when it flouts the laws of the land. The
court must assist the Nigerian people through innovative and
inspiring judgments, inn defence and advancement of the
judiciary.

iii. The Nigerian state must continue to build the capacities of
democratic institutions, through amendments of obsolete
legislations, proper funding and appointment of competent officials
to head such institutions.

iv. A vibrant bar, civil society and populace willing to hold
government accountable for acts which undermines and jeopardizes
democracy. Lawyers must remain the obstacle to every dictatorship,
rise up to protect the judiciary when under unprovoked attack and
when the lawyers rise up, the judges must find courage to decide
the law according to their conscience, no matter whose ox is gored,
as happened in Kogi State recently, the maxim being, Fiat Justitia
Ruat Caelum, (let justice be done, though the heavens fall).

CONCLUSION

In concluding this discourse, it is important to reiterate that
the “rule by law’ as distinct from the ‘rule of law’, is a catalyst
for the erosion of democracy. In the former, law is an instrument
in the hands of the government and it is above the law; whereas in
the later, everyone is bound by the laws of the land. Consequently,
it is safe to say, there is no democracy without law. In fact, law
is the midwife of democracy. Permit to end with the admonitions of
CHARLES E CLARK in his article titled ‘The function of law in a
democratic society’ published in the University of Chicago Law
Review thus:

“If the people are not in command of their own government, but
are actually subordinate to some yet more remote sovereign who
upholds and justifies unsanitary conditions, poor housing, long
hours of labour, and general defiance of social welfare legislation
as a freedom required by some vague constitutional command or
higher law of nature, then we are nearer either anarchy or the rule
of the autocratic few than we are democracy.”

Birthday Tributes

WOLE SOYINKA

The other week, Nobel Laureate, Professor Wole Soyinka, turned
85. He is no doubt an icon of a special breed, reputed to know the
English Language more than the English people. Combining his
literary prowess with his struggle for good governance, democracy
and human rights, has no doubt placed him in a special and uncommon
position as a nationalist, poet, activist and a friend of the
masses. Happy birthday sir.

NDUKA OBAIGBENA

He has not been christened the Duke for no reason, having turned
around the Nigerian media space, in such a little time, challenging
the status quo, to be firmly established as a vibrant brand of no
mean reputation. At 60, Mr. Obaigbena has no doubt threaded in the
midst of the lion and survived. There is still so much going for
him, in the many years ahead. Keep doing what you best sir.