Nigeria’s democratic transition back to autocracy

We have always felt that it will be very difficult to transform an autocrat to a democrat. But that has not stopped us from trying. It would have been nice to see how Babangida would have handled the transition, if circumstances did not compel him to “step aside”. Given his charisma, he may have surprised us. It would really have been wonderful to see how Abacha would have handled the transmutation or transformation. It really would have been excitingly-catastrophic, but death stopped him in his track.

‘Obasanjo’s struggle with democracy’ must be a major subject for the researchers at the Obasanjo Presidential Library Inc. Unfortunately, the researchers may not have the ability to interview Evan(s) Enwerem and Chuba Okadigbo, former senate presidents who were victims of the transitional conversion of Obasanjo from a military autocrat to a civilian democrat, which, in my opinion, was a partial success and may be if we had allowed him the third term, he may have turned out better than the ‘auto-democrat’ we ended up with in 2007. Not to worry though, Pius Anyim, Ken Nnamani, Adolphus Wabara (past Senate presidents) and  Ghali Na’aba, Former House Speaker are still alive and should be able to tell a lot about the struggle. Other victims of the struggle like Chief Audu Ogbe, Senator Barnabas Gemade, HE Okwesilieze Nwodo and Chief Vincent Ogbulafor (all past Chairmen of PDP) will put icing on the cake.

The military seems to have utter disdain for the legislature, perhaps with a few exceptions. That’s understandable, giving their training and mode of operations. They see the legislature as a completely unnecessary block to the quick implementation of decisions. That’s why their first act in those days of “Fellow Nigerians” would be to suspend the constitution and to disband the legislative houses. The judiciary was allowed to remain, though often without their full independence. So when General Muhammadu Buhari (now President) was being packaged as a democrat, many wondered if the transition this time would be successful. But for many other Nigerians, democracy and its ethos: rule of law, respect for human rights & civil liberties, right to peaceful dissent, freedom of speech, separation of powers, due process, minority having their say and majority having their way seemed not to be as important . We wanted change badly!

Now two years into the Presidency of PMB, we are close to a major executive-legislative face off that could hurt the economy and indeed the nation. This is not to say that the relationship between the executive and the legislature has been cordial since the inception of this administration. But it looked like it was essentially a battle against Saraki, Ekweremadu and to a lesser extent Dogara for emerging leaders in place of the ruling party’s preferred candidates. All kinds of accusations have been brought against Saraki and Ekweremadu in an unrelenting effort to dethrone them. They have faced several investigations and have been dragged to several courts. But somehow they have survived and the legislature has largely continued to do its work.

But now the fight has taken a new turn for the worse. It has moved from a battle against mostly Saraki to what looks like a full scale battle between the Senate and the executive.

Babachir Lawal, secretary to government was indicted on alleged corruption charges by the Senate, who recommended he should be tried or removed from office. The office of the AGF rather than the police or the judiciary cleared him of the corruption charges, encouraging the SGF to treat the Senate with disdain. He has said he would not honour their invitation and seems to be getting away with the bluff. Retired Colonel Hammed Ali, who is the comptroller General (CG) of the Customs decided when it would be convenient for him to answer the invitation of the Senate and when he was asked to come dressed in the uniform of the agency he leads, he became angry and decided not to show up and from all indications the President is in support of this effrontery. If a man is not proud to wear the uniform of the agency he leads or feels it is an insult, then in my humble opinion, something is seriously wrong. Civilian Presidents who are commanders-in-chief of their armed forces sometimes appear dressed in the uniform of the armed forces to perform some roles.

Then Mr Ibrahim Magu, my favourite for the position of chairman of EFCC was rejected by the Senate on the basis of a security report by the DSS. He was re nominated by the Executive and again an adverse security report was issued by DSS and this encouraged the Senate to reject confirming him a second time. The executive is angry. The President must have his way nilly wily. And he has the full support of Prof Itsay Sagay who has joined the executive to hold the legislature in utter contempt. There must be something that intoxicates people when they walk in the corridors of power. The constitution empowers the senate to confirm or to refuse. And when they have rejected a candidate twice, it makes sense for the President to either lobby the Senators or to send another nominee. Despite my praise for Mr Magu for the great job he has been doing in my view, he is certainly not the only one who can do well in that position. To now begin to harass vocal members of the Senate, and looking for all kinds of misdemeanours to accuse them of, including not having graduated from universities and clearing imported cars with fake papers, is a new low. If that was true, why were they not brought out earlier on. Why must we wait to blackmail people? Which means their alleged crimes would be covered as long as they remain mere rubber stamps for what the executive wants. Is that not an indictment on the integrity of our security chiefs?

It is not in my place to declare any senator innocent of any accusations that are being brought up against them. But to me, it is distasteful that the accusations are apparently being used to force the legislature to back down and get them do what the executive wants. This in my view is dangerous to the sustainability of a viable democracy. Where then is the check and balance mandated by the constitution? Like it or not and it does not matter our views on the quality of the members of the legislature, the truth is that the 109 Senators were individually elected and indeed the entire National Assembly (469 of them) were individually elected by their constituents. In contrast, only one person in the executive (the President) was elected. And for the Judiciary, no single person was elected by the people of Nigeria; they are essentially a creation of the executive! Thus indeed, the legislators are the representatives of the people and the true symbol of democratic governance. Certainly, the legislature has its shortcomings and at times tries to over reach its powers, and indeed needs to reform some of its practices. But in my view and for the ordered and peaceful development of our nation, the legislature must be allowed without hindrance to fulfil its constitutional roles of law making, including appropriation, oversight and confirmation of specific executive appointments and covenants. It is in the greater interest of Nigerians that impunity and one-man rule is not allowed to return.

In the last week, Nicholas Maduro, the Venezuelan President supported by the military is using the judiciary to supplant the legislature. Indeed the Supreme Court of Venezuela attempted to appropriate the legislative functions by fiat. The consequences are telling and Venezuela is heading fast down the abyss. Without a virile legislature or with one that is emasculated, handicapped or redundant, Democracy essentially dies. Nigeria cannot and must not tow such lines. The justification for the separation of powers in a democracy are unassailable and Nigerians have made tremendous sacrifice to get our democracy this far. The current attempt to whittle down the power of the legislature or make it redundant portends a democracy that is transiting back to autocracy and that signals real danger for Nigeria.

Mazi Sam I. Ohuabunwa OFR