By Nnabugwu Chizoba (Development
Practitioner)
In a previous write up, I made a
case for all the organs of Government, the Legislature, Executive and the Judiciary,
to co-exist without the executive stifling or emasculating the other organs,
which interestingly also derive their power and being from the Constitution
that also created the executive organ.
I tried in that piece also, to make
some clarifications regarding the three organs in a Presidential system of
government, which is what Nigeria, as a country, is practicing, presently.
It is my humble submission
therefore that, one fundamental approach to help deepen democratic governance in
Nigeria is to focus on institutional strengthening. In this regard the independence
and constitutional mandate of the various organs of government, as enshrined in
the Constitution must be respected and seen to be continuously enforced. This
will ensure that Separation of power and the instruments of checks and balances
are what is guiding the activities of government.
This, to my mind is more likely
to occur when the real owners of power and authority, the masses, come to realize
their role(s) and hold the government accountable.
In a situation where the citizens
fall prey to a very dangerous scheming aimed at not just deceiving the masses but,
destroying the basic tenets of Presidential System of Government: the
disrespect to the principles of separation of powers, which the Executive arm has
embarked upon presently, that is also been enforced and pursued with vigor and
vitality, if not checked immediately, will certainly spell doom for the Nation,
when their objectives are finally achieved.
As members of the Nigerian
masses, there is every reason to realize that, the exhibition of differences
and disagreements among the organs of government in a democratic setting is not
unusual. As a matter of fact, they are inevitable and therefore very healthy
for Nigeria’s development. The dangerous signal, even, is when there are no
differences.
Come to think of it, if there are
no differences in opinion, there would be differences in style, pattern and/or
method of delivery and the likes. This is why it is expected that anybody that
aspire to lead and to partake in a democratic system of government must be very
skillful in negotiation, bargaining, lobbying and all other forms of engagement.
Nobody under democracy is GREAT until these skills work for him/her.
What I have found awkward is the
manner the Executive arm, whose duties, as vested in the President is to
execute or implement laws made by the Legislature. From the actions of the Executive,
it is very glaring that it does not expect that there would be any reason(s),
whatsoever that should warrant any of the other organs of government to differ
from its views and opinions.
The incessant display of
arrogance, show of superiority, and impunity in handling any opposing views
from the other organs of government, are strange and has no bearing with the
highly revered and celebrated tenets of democratic principles and values. Such
behaviours are definitely not in tune with the principles of checks and
balances, and common sense too. They are good, only to the effect that they
tend to prick and agitate the mind, to be wary of something ominous being in
the offing.
I attribute such arrogance,
impunity and lack of control, as being displayed by the present government to uncouth
way of life, backed by military mentality. Don’t forget that, such similar
behaviours were displayed the last time a former military officer was saddled with
the reign of power, in Nigeria.
Another contributory factor is
the point that over time, the Executive arm has had control of the mass media,
which it has deployed over time to demonize the other arms of governments and
to curry the favour of the masses. They usually use the media to sway peoples’
emotion, and tilting what they should know to their own benefit and favour. As
I compose this write up, I am aware that none of the Legislative and Judiciary arms
of government, at the Federal, state and LGA levels, owns a Radio or Television
station or both.
I have not seized to wonder, what
could have given the Executive the impression that it has the power of control over
the state owned media houses, over and above other organs of government. As
much as I know, all the government media outfits are owned by the government
not the Executive. What I have not been able to comprehend is why the Executive
arm, would dominate activities in the stations and even have the right(s) to repress
what concerns other organs of government, while promoting media reportage that upholds
the interest, whims and caprices of the Executive. My worry, just as I said…
may be issue for another day.
I have followed the face-off
between the Executive and the Legislature, as it relates to the appointment of
the Chairman, Economic and Financial Crimes Commission (EFCC). From available
information the Senate rejected the nominee of the President for the Chairman
of that Commission. And the President in his usual and characteristic macho style,
have stuck to his gun and would never shift ground, instead “let the worst happen.”
I consider this, a sort of grandstanding.
I am in pains, witnessing this kind of position from the President. I view this
as unbecoming. I consider it as an act of gangsterism (with all due respect) and therefore, unsuitable for a person of his status. It is
unbecoming, for the person occupying the highest office in the land. It is also
not good for a man of his age (70s), what is he teaching the youths? It is equally, not good for his health. It is
matter of public knowledge that he has been in and out of hospital, in the
recent time; at a point for upwards of three months in a stretch.
The 1999 Constitution of the
Federal Republic of Nigeria, in Section 153 (1), recorded the establishment of
Commissions, though EFCC is not mentioned. Recall, at the time the 1999 Constitution
was signed into Law, EFCC has not been created. However, I wish also to draw the
attention of the reader to Section 154 (1), which states:
154 (1) Except in the case of ex
officio members or where other provisions are made in this Constitution,
the Chairman and members of any of the bodies so established shall, subject to
the provisions of this Constitution, be appointed by the President and the appointment shall be subject to
the confirmation of the Senate.
No matter what the ardent and self-serving
supporters of Mr. President, may want the public to belief, it is evident that Mr.
President’s position is not in tandem with the Constitution. Thus, his vision
of a Nation, in the modern world is slim, his passion notwithstanding. It is
also apparent that his energy, drive, stamina, and indeed, composure and
persuasive ability cannot match the level of knowledge that drives modern
societies. His quest for Nigeria’s advancement, even if it is not in doubt is
limited by his present level of reasoning and leadership style.
All well-meaning Nigerians and lovers
of the President and Nigeria as a whole, which many Nigerians are, except for
the very few individuals who are bent on portraying other Nigerians, in a bad
light; because of their own parochial interests. Such individuals, know that
Mr. President is presently not functioning in the capacity that a leader of a
Nation like Nigeria, should. Those riding under the cover of his office, to fan
the embers of disunity and to widen the dichotomy and existing gap between
where we are and where we should be as a nation, have succeeded in lowering the
standard of leadership necessary to make Nigeria, an organic part of our dream.
Whatever camp anybody may belong,
especially those that would accuse me of hatred for Mr. President, would agree
that lack of respect for the Constitution and institutions vested with
authority by the Laws of the land is a way of not just undermining the laws of
the land but, indeed, a very strategic approach towards destroying the
democratic process and entrenching anarchy in the land.
The pursuit of development must
be based on the attainment of common good and respect for all organs of
government. Similarly, respect for the rule of law must over ride personal
sentiment.
For the avoidance of doubt and to
erase the argument of those, who would reason that the EFCC is not mentioned in
the Constitution, let us consider the Act that established the EFCC
(Establishment Act, 2004), which in PART 1 Section 3 states:
(3) The Chairman and members of
the Commission other than ex officio members shall be
appointed by the President and the
appointment shall be subject to confirmation by the Senate.
Finally, since we now live in an
era of sting operations and the use
of military armored tanks, would we claim surprise, if we wake up tomorrow, to
hear that sting operation has been carried out on the Senate members and
military tanks released on the judiciary?
As a matter of fact, any reason is
enough to strike. It does not need to be Constitutional, mind you.
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