Thursday, 17 December 2020
Saturday, 24 October 2020
IRRESPONSIBLE POLITICAL LEADERSHIP, PREDATORY POLICING SYSTEM AND THE HOPE OF A PEOPLE THAT ARE LIVING IN A CONJECTURED UNITY. (By kay Aderibigbe)
Thursday, 6 August 2020
MILITARY CONSTITUTIONAL MENTALITY AND THE TRAVAILS OF DEMOCRACY IN NIGERIA. (By Kay Aderibigbe)
MILITARY CONSTITUTIONAL MENTALITY AND THE TRAVAILS OF DEMOCRACY
IN NIGERIA.
(By Kay Aderibigbe)
One permanent feature of the Nigerian political life is that elites of various ethnic groups are periodically at loggerheads internally as to what should be the modus operandi of their respective local politics. This, on the one hand is in sharp contrast with the politicians' ultimate motive, which is how best they could nationally coagulate diverse interests for the purpose of perpetual rulership on the other hand. Invariably, such incongruent and wishy-washy political mannerism was the harbinger of the incursion of military into Nigerian politics in the first instance; and it was on the pedestal of the same parochial mentality that the military built their own method of governance as well.
The same issue of pecuniary interests of the elites was always at play from republic to republic whenever the hue and cry gets louder from Nigerians and the international communities concerning the transfer of political power to an elected government. In fact, the art of negative statecraft by Nigerian politicians shows how astute, maneuvering and whimsical they could be whenever it comes to ensuring the positioning of their interests.
The actual implication of the above assertion is that, the Nigerian society, in a matter of about three decades after independence has reached an epoch, where those that were categorized by the great German Political Philosopher Karl Marx, as in the "class for itself" (elites), are irrevocably committed to strategically dehumanizing and ignoring those that are in the "class in itself" (masses).
This very idea of society polarization is evident, and ever present in the ideological underpinning and policy structure of the Nigerian state. Consequently, different constitutions adopted by various dispensations from 1979 till date have been nothing but an imposition of the typical will and methodology of the military rulers and their gangs on the Nigerian people.
The 1979 constitution for instance, represented our first real test at democracy. We failed woefully because the politicians had all the powers to do and undo. One other problem about the constitution is the fact that it was arranged in such a way that it will ensure allocations of political offices to reflect ethnic representation by jettisoning the place of merit. This was done without looking further into the possible escalation of the by-products of such peculiarity in our law frame.
The federal character principle that was suffused over our law by the CDC - Constitution Draft Committee of 1978 only did a little in terms of addressing the fears of the minority groups, but actually brought about a chauvinistic, redundant and dysfunctional public service system. This is just one aspect out of the myriads of setbacks the constitution brought upon the country after the second republic.
Nigeria's stillborn third republic would have made use of Babangida's 1989 constitution had it been the June 12, 1993 election was not annulled. But political observers opined that the country would have been plagued by the same regular political crisis because those who fed fat from the purse of the previous government are likely to be affected by the policies of the SDP - Social Democratic Party of Chief MKO Abiola. Unfortunately for Nigeria, the 1989 constitution was a copy and paste of the 1979 constitution, except that the Political Bureau of 1987 under Professor Samuel Cookey gave Nigerians the platform to decide on the platter of two party system for the first time.
General Sani Abacha inaugurated the NCC - National Constitutional Conference on Monday, 27th of June 1994, with the aim of arranging another constitutional framework for Nigeria. Twelve months later, the Justice Adolphus Karibi-White led conference submitted two reports: volume I and II to the SMC - Supreme Military Council. Abacha later used Prof. Awalu Yadudu, his legal advisor, to manipulate the reports and produce his own version of the draft constitution because the military dictator believed he would eventually succeed himself, and also perpetuate himself in power no matter what.
It became incumbent upon the Abdulsalam Abubakar's administration to provide a constitution for the return of democracy in 1999 as such, the Abacha's draft constitution was adopted. Some political Analysts argued that "the need to accept the 1994 draft constitution in 1999 was a child of necessity because we had little time to prepare"; while some opined that "any adventure into discussing another brand new constitution as at the time of Abacha's death may result in an automatic and indefinite change of hand-over calendar by the military boys who had no genuine intention of handing over in the first place".
Both lines of thoughts were right as at May 29, 1999, but the fact that we refused, failed or continue to be circumstantially incapacitated to have taken any meaningful actions in order to change or rewrite the faulty constitution after twenty one (21) years reveals that "we are an unserious people, being governed by irresponsible rulers who neither have foresights nor the will to save the country from its chaotic existence".
The resultant effects of a haphazardly concocted constitution being managed by mentally lazy set of government officials is what we witness everyday when questions arise on the issue of restructuring, true federalism or resource control. Since we do not have a constitutional means to working out these important political questions, hence, it looks as if we are talking about rocket science. The matter has been made worse since 1999 by different sets of Nigerian legislators who intentionally, in the name of the attainment of the wishes of the political elites, periodically ensure that the constitution remains rigid, unclear, contradictory and incapable of being employed for the purpose of addressing any important 'national question'.
The dilemma of the type of constitution we operate is that the federal government will continue to be more powerful, omnipresent and all-encompassing at the detriment of the constituent units; but at the same time will continue to be too busy, weakened and ineffective to attend to all the 68 items it encapsulated in its exclusive legislative list. Invariably, the people will continue to agitate, the society will continue to be fragmented and the relationship between the state and the people will continue to deteriorate.
Nigerian politicians owe us the debt of writing a constitution that can out rightly return this country to a modernized regional structure; break the centripetal yoke of the present system; empower the 'people' to stamp out corrupt practices; delete the federal character mentality; and above all, set a new path through which the beauty in the plurality of our society can be explored by anyone for the purposes of healthy internal socioeconomic development.
Unless the military type of constitution that was foisted on the people is expunged from the political fabrics of the Nigerian state, the country will eventually collapse at some point when politicians have exhausted all the legitimate and illegitimate channels through which they exploit the people, and when the people can no longer absorb the excesses of the politicians.
Monday, 1 June 2020
LOOKING AT SOME CHALLENGES OF GLOBALIZATION AND THE POST-CORONAVIRUS WORLD ECONOMY
Tuesday, 26 May 2020
THE VEROCIOUSNESS OF CORONAVIRUS: EXPOSING THE DEFICIENCIES OF CAPITALISM AND THE INEVITABILITY OF DIALECTIC MATERIALISM
Saturday, 25 January 2020
STATEHOOD AND THE CRISIS OF SOCIAL CONTRACT IN NIGERIA: A CASE OF AMOTEKUN. By Kay Aderibigbe.
STATEHOOD AND THE CRISIS OF SOCIAL CONTRACT IN NIGERIA: A CASE OF AMOTEKUN.
By Kay Aderibigbe.
The Nigerian state, since inception in 1960, has been grappling with the contents, scope and definitions of certain do's and don'ts that revolve around who gets what, when and how. Consequently, different ideologies have continuously been infused into the federal paraphernalia agreed upon at the London constitutional conference of 1953. But the most problematic characterization of Nigeria's social contract idea is that the constitution keeps tilting towards centripetalism, instead of maintaining its initial centrifugal mannerisms that can help the federating units grow and blossom at their respective pace.
Due to numerous reasons, and obviously, the overloading of the exclusive legislative list (68 items), the federal government has failed considerably in discharging its primary duties of securing lives and property as enshrined in Sec 14 of the 1999 constitution. This very act of incapacitation on the path of federal government has become quite acute, most especially in the last ten years; thereby, prompting the six governors from Western Nigeria to come together, after months of deliberations, and launch what has been described as a supplementary effort to the conventional national security outfit with the code name 'Amotekun'.
Amotekun as a security ideology has been bitterly criticized and declared illegal by the federal government through the office of Attorney General of the Federation Mr Abubakar Malami. The reason for such condemnation according to the AGF stems from the fact that the outfit runs contrary to constitutional provisions in the second schedule, under items 17 and 45 of the 1999 constitution. Whereas, there is also a widely believed insinuation that a staid suspicion exists in the core North, whose indigenes dominate the present-day federal government, on the modus operandi of Amotekun.
The emerging reactions from different quarters concerning why the federal government made a move to outlaw Amotekun have polarized the country into there groups. One, the group of Western Nigerians who believe there is an urgent need to do more in terms of securing the West and their sympathizers who believe in restructuring. Two, the group of federal government who condemned Amotekun on the ground of illegality and those core Northerners who believe that Amotekun is embedded with sinister objectives. Three, the group of middle-range rational thinkers who are neither persuaded nor dissuaded by ethnic sentiments but by facts, fairness, realities and pragmatism.
All the groups have spoken as audibly as possible but I want to use this piece to echo the voice of the last group to the best of my ability. An empirical analysis of the concept of Amotekun will reveal some sound judgments about its making; the inherent advantages and its intrinsic flaws. Likewise we shall be able to juxtapose the essence of Amotekun with the functions of conventional security apparatus of the state and how it does not in the real sense undermine or amount to duplicity as espoused by some.
To start with, one should ask if Amotekun was a well-thought-out idea? We could say yes because the Western Nigeria is in dire need of an appropriate security after years of kidnappings, killings and robberies in daylights when people go about their normal businesses. We could as well say no because there is more to security than just the willingness to provide security. Economic factor, such as, funding (remunerations and maintenance), political factors such as communal relations, and psychological factors such as the scope of operations, training/orientation, and succession plan must be considered in setting up a security outfit of such large scale.
In the case of Amotekun, we are talking about a security outfit that consisted of a large number of uneducated and untrained personnel, but who are versatile in policing the terrain earmarked for its operations. It is not a bad idea to bring up such an arrangement in the face of necessity but how can we be so sure that this is not another OPC, or bandits in the making? We should be careful not to breed a Leviathan we may not be able to control. From the angle of viability therefore, in one word, since the Nigerian state is broke and the federating units are also poor, the progenitors of this noble idea should work more on the convocation of investment plans that can: foot the bill of a training institute for Amotekun; take care of its welfare; monitor its operations; candidly checkmate its excesses and sanction any erring member(s). Unless this is done, the same Amotekun we are happy about today will likely metamorphose into the highly detested OPC, the Nigerian police and a host of other security agencies that have become public nuisance to the Nigerian society.
The question of legality raised by the federal government, and the insistence of the governors of Western Nigeria to forge ahead with Amotekun has transmogrified into a political pregnancy which is capable of bringing forth anything; but only time can tell. Can one say the establishment of Amotekun is unconstitutional? We can say yes because the creation of such an outfit is under the exclusive competence of the federal government according to the 1999 constitution. While we can also say no because there are other security outfits such as Hisbah police in the North West and Civilian-JTF in the North East, whose establishment cannot be traced to the constitution but are still performing security functions under this same all laws-knowing federal government.
Though the existence of other security outfits in the North does not legitimize Amotekun in the real sense while a critical and philosophical appraisal of the constitution will find loopholes in our conventions and as such, negates the claims of the federal government. Let's take for instance, Lagos State laws forbids anyone from erecting street gates. But the activities of hoodlums and miscreants made it necessary for people to clamour for street gates all over the places and it has become a norm. Another example is a case where the federal government through the Office of Inspector General of Police licensed private security outfits to carry arms and function as defenders of the state despite the fact that the constitution does not expressly permit such activities.
As far as the case of Amotekun is concerned the question of legality shouldn't be the bone of contention. After all, the country is under-policed while the business of crime strives effortlessly. Since Sec 11(2) of our constitution encourages the government to ensure the peace, orderliness and good governance of its people, I believe the federal government should ask questions about the viability, operational scope and the political dimensions of this outfit called Amotekun. For instance, if a guarantee pact can be signed that the outfit will not be manipulated. This is because Amotekun is a supplementary program to the conventional policing system. Instead of rivaling or frustrating the endeavour, the federal government should support the outfit with a caveat or absolve Amotekun into the conventional police in order to provide succor to the people of the West. This way, the federal government will receive praise for restoring the strained relationship between the people and a government that has been described as dormant since 2015.
In conclusion, the very hue and cry about Amotekun should be politically managed because we do not want to witness a face-off between Western Nigeria and the federal government. The case of seizure of Lagos State allocations for 14 months by Obasanjo's government in 2014 for instance, though illegal, should remind one of how a dictator in a civilian garb could act irrespective of what a competent court says.