INTRODUCTION
Nigeria has transitioned different political eras and dispensations from independence in 1960. We have had successive coups and counter coups and have had uninterrupted democracy for the past 25 years. The country continues to grapple with numerous challenges that threaten its corporate existence and chief among them is lack of good governance.
The current trends and events has brought to fore burning issue and questions on the viability of our political system, on our governance structure, the failing economy of Nigeria, lack of social cohesion due to unending ethnic rivalry, collapse of rule of law and rising insecurity in Nigeria.
Irrespective of the achievements recorded over the years, the fact remains that there is yet a long way to go in building the Nigeria of our dreams. Achieving good governance in Nigeria is a necessity and the bounden duty and responsibility to attain this height rests on all Nigerians from all walks of life, irrespective of religion, ethnicity, status, political affiliation etc.
This duty extends to persons elected to serve in different capacities, public and civil servants appointed in different ministries, agencies and parastatals of government.
Unfortunately, the lack of collective will, commitment and passion to foster and promote fundamental principles necessary for national development which include patriotism, equity, fairness and justice places a clog in the wheels of our collective progress as a country. Nigeria being a multicultural, multi-ethnic and religious country, there has been a failure of national orientation, to champion and mobilize key features of our heterogeneous nature as a driving force for unity and progress. This continues to erode every opportunity for national cohesion, good governance and seem to be at the root of the unending ethnic rancor, social strife and political conflicts which is now rife all over the country.
This presentation is an attempt to highlight the major factors that impede good governance in Nigeria and the challenges we face as a nation which are predicated on those issues. We shall also seek to proffer solutions and the way forward.
DEFINITION OF TERMS
Good Governance: Wikipedia defines good governance as the process of measuring how public institutions conduct public affairs and manage public resources and guarantee the realization of human rights in a manner essentially free of abuse and corruption and with due regard for the rule of law.
The United Nation Human Right-Office of the Hague Commission has defined good governance as all processes of governing, the institutions, processes and practices through which issues of common concern are decided upon and regulated. Good governance adds a normative or evaluative attribute to the process of governing. From a human rights perspective it refers primarily to the process whereby public institutions conduct public affairs, manage public resources and guarantee the realization of human rights.
While there is no internationally agreed definition of ‘good governance’, it may span the following topics: full respect of human rights, the rule of law, effective participation, multi-actor partnerships, political pluralism, transparent and accountable processes and institutions, an efficient and effective public sector, legitimacy, access to knowledge, information and education, political empowerment of people, equity, sustainability, and attitudes and values that foster responsibility, solidarity and tolerance.
The prominent point to note from these definitions is that good governance is a product of a conscious effort by critical stakeholders in and out of government, to manage the affairs of a country in such a way and manner that it works for every citizen of that country. The key words as noted in these definitions shall be the fulcrum of this presentation.
There can be no claims to good governance if these indices of good governance do not form part and parcel of national outlook and political landscape. The concept of good governance is reflective on all spheres of national life including political, socio-economic and philosophical stratas. The assurance of electoral franchise and free, fair and credible electoral process conducted in full compliance to due process and the law, the maintenance and distribution of resources in an equitable manner for the good of the public, the protection of human rights of citizens, respect for rule of law and administration of justice without fear or favour are all indicators to a measurable semblance of good governance.
There are indeed, identified characteristics of good governance which are globally recognized. Thus, good governance means that a government must be consensus centered, accountable, transparent, responsive, efficient, and effective to lay claims to being a legitimate government with the mandate to ensure good governance. It must also be equitable and fair to political dissidents and opponents and promote unrestrained and inclusive political participation including a free press and must abide by the rule of law.
Status Quo: The term Status quo which when stated in full reads “in status quo res errant ante beullm,” is a Latin term that means “in the state of which things were before the war.” Status quo refers to an existing state of affairs used most commonly in regards to social, legal, or political situations.
Thus, to maintain status quo simply means keeping or preserving things, a state of affair, condition or situation the way the currently are until a certain thing is done or condition is met . With respect to this presentation, the argument is whether the present political atmosphere in Nigeria should be left to continue to subsist or should conscious efforts be made to change the state of affairs and move away from the present status quo marred by deceit, nepotism, tribalism, corruption, indiscipline, lack of good governance and maladministration.
INDICES OF GOOD GOVERNANCE
Good governance is not an abstract term that can be used without context. It is a lived experience that can only be achieved through careful consideration and execution of various tasks, attaining lofty heights through dedication to promoting the common good of a people. Globally, there are benchmarks used to evaluate whether a country is properly governed or not. We shall attempt to highlight some and why they are relevant for the present day Nigeria, considering the dire consequences we now face due to many years of lack of good governance and failed leadership.
1. Respect and protection of human rights: The respect and protection of vulnerable members of the society through the instrumentality of the law is a very crucial feature of a civil society. This presupposes that the laws of a country and its judiciary should operate in a manner that protects the weak from the strong and ensure that all human transactions are regulated and controlled under the law and that nobody suffers harm due to their station or position in life but should be subject to a system which is fair, just and equitable. Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 as amended made provisions for the fundamental rights that all citizens are entitled to under the laws of Nigeria.
Countries where civil liberties and human rights are breached without repercussions or redress made by a court of competent jurisdiction will soon descend into anarchy and a state of nature as described by Thomas Hobbes where people will take laws into their own hands for self-help in order to protect their rights, privileges and interest.
There can thus be no good governance in such atmosphere of chaos and civil unrest. The right to freedom of speech, freedom of movement and Association are all critical to promoting a just and fair society.
2. Access to justice and promotion of rule of law: The Judiciary, the law enforcement agencies and the legislature should be at the forefront to promoting access to justice through performing their constitutional roles. The Courts should ensure that justice is done in all cases and without undue delays. The rule of law is an intangible asset that every country that desires political stability and economic growth need. Where there is no rule of law, there will be rule by tyranny as can be seen in numerous dictatorships around the world. Democracy guarantees the rule of law as the will of the majority and not that of a single individual, or a select few reigns supreme.
Countries without democratic rule often than not cannot lay claims to rule of law because leadership often times is based on the whims and caprices of the leader and this negates the basic principle of rule of law which is equality before the law and submission to the jurisdiction of Court no matter how highly placed.
3. Effective political participation: Good governance is a product of collective efforts by those who govern and those who are governed. Political participation ensures that the people are at the forefront of making political choices through free, fair and credible elections held periodically for elective positions. This way, only persons with the capacity, commitment, competence and credibility will have the opportunity to occupy leadership positions. Where there are good leaders, good governance is almost a given.
Countries without good leaders selected through a transparent process suffer misgovernance as has been the case in Nigeria over the years. People rarely offer what they don’t have and no bad leader can give good governance. That is why effective political participation is very crucial. The right to political participation is also guaranteed under Chapter 2 of the Constitution of the Federal Republic of Nigeria 1999 as amended .
Attempts to stifle this right or deny citizens the privilege of voting and being voted for has been condemned globally and different international treaties and laws has been enacted to ensure that people are allowed to exercise their franchise because that’s the only way they can effectively have a say in who governs them and how their common wealth is applied.
4. Transparent and accountable and institutions of government: For good governance to take place, organs and institutions of state must maintain a high level of transparency and compliance to enabling acts and regulations. The law enforcement agencies, the electoral commission, the civil service structure must remain independent of interference from political actors and other external factors like bribery, nepotism and corruption. An efficient civil service structure can only translate to efficient service delivery and by extension, good governance.
The politicization of institutions of government and manipulation for selfish interest, is at the root of the failed system of government now rife in Nigeria. Good governance is a product of transparency and accountability and all public and civil servants must strive to maintain the highest standard of discipline, integrity and passion to serve the Country without reservations.
5. Access to knowledge, information and education: Education is a crucial for national development and growth. Countries that invest in the education of their populace enjoy increased productivity, social cohesion and integration. The lack of human capital development can negate very developmental strides made towards good governance as ignorance and lack of education often than not breeds criminality which by extension leads to absence of rule of law, anarchy and chaos.
6. Free and uncensored Press: Freedom of speech, a free press guarantees that government officials and their activities are brought to the knowledge of citizens who will have the privilege to access them in line with expectations. Attempts to gag the press or censor what they report are a recipe for disaster.
To attain good governance, the right to hold an opinion, express such opinion without fear of harm and to criticize actions or policies of government is the bedrock of good governance. Bad governance thrives in secrecy and the press owes the people a duty to cast spot lights on pressing social issues in order to make sure that they receive the attention they deserve.
CHALLENGING THE STATUS QUO IN NIGERIA: THE WAY FORWARD
Without a responsible and responsive approach to governance by organs and institutions of government including the Executive, Judiciary, and Legislature, Nigeria will be shaken to its foundations and we may be faced with collapse of law and order. No nation can maintain its social, political and economic structures for too long if it continues to neglect the overall welfare of its citizen, if it continues to tow the path of recklessness and lack of foresight.
The opposite of good governance is bad governance which indicates nothing more than a failed state. With this comes impunity, anarchy, brigandage, arson, violence, breach of law and order, reckless and abusive show of state power without restraint and total collapse of the rule of law. All over the world lies examples of failed states which failure is linked directly to leadership failure and break down of rule of law and we must strive while we still can to redirect Nigeria from going the same way.
The human cost of bad governance is evident in the low level of basic infrastructure, weak healthcare and educational system, high unemployment level that is now our reality. In Nigeria, the number of multi-dimensionally poor people, the number of out-of-school-children which continues to skyrocket, the widening economic gaps and high level of insecurity across the country is suggestive of the fact that we are gradually tiptoeing into a failed state. Our middle class has now been eroded due to high inflation rate, unemployment and harsh financial policies of government that discourage investment and scare away foreign investors from Nigeria.
Indeed, across all socio-economic class divide, we can now all feel the palpable effects of bad governance and the only way forward is to challenge this status good by demanding good governance from those who have been elected into different elective positions and who have the constitutional duty to mobilize human and material resources to change the tides of the sail of navigation of Nigeria and steer it away from hitting the rock.
It is pertinent to note that the primary impediment and challenge to good governance in Nigeria is corruption which has become an official state of affairs in Nigeria. The misappropriation and embezzlement of public funds, reckless looting of our common patrimony by public officials in different arms and agencies of government pose an existential threat to our growth as a nation and this must be resisted by all well-meaning Nigerians who have the interest of the nation at heart.
Over the years, institutions like the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices Commission (ICPC) has failed to live up to expectation. There has no doubt been some commendable prosecution and conviction of corrupt politicians in Nigeria, however, the number pales in comparison with the population of past and present public officials who should be investigated and prosecuted for financial crimes.
This will serve as deterrence to others who may also have such propensity. The nation will also recover the funds and use them for provide critical amenities that will lead to growth and development.
There can be no good governance in a country where funds advanced for construction of roads, schools, provision of quality education, electricity, portable water, creation of jobs and other critical infrastructures necessary for national development find their way into private and individual pockets. Until we stop the above from happening, good governance in Nigeria may remain a dream for us all which may never materialize in our lifetime.
Unfortunately, Nigerians have allowed this decay to go on for too long without revolting against the handful bourgeois who have ruined the gains of our national prosperity especially during the oil boom of the 1970’s and even till date.
The lack of commitment to resolve the issue of good governance which has plagued us for many decades and our collective failure to proffer objective solutions and execute them in a constructive manner, have led to widespread disenchantment and Nigerians are beginning to lose faith in government, in democracy, in rule of law and in humanity.
Crime rate is soaring, insecurity is getting more intense, social instability is increasing, poverty rate is skyrocketing, and our currency is falling, so also our social values and cultural norms.
It should therefore be noted that we, today, stand at a critical point in history and it should be for us a matter of extreme urgency to challenge ‘The status quo’. The pertinent question therefore is – Are we ready to challenge the status quo and how?
Because we are in a constitutional democracy where selection into leadership positions is done through elections, every Nigerian of voting age must get involved in the art of governance. Active citizen participation is at the heart of good governance. Nigerians must own the entire process of choosing who governs them.
They must keep an eye on how they are governed and declare their verdict on the performance of their elected representatives on the ballot paper at every election cycle because that way, they can purge our political landscape of mediocre who do not have the capacity to deliver good governance.
The Independent National Electoral Commission (INEC) must live up to its responsibility as an unbiased umpire and give Nigerians the privilege of determining the fate through the ballot paper.
Nigerians must vote only for persons with a pedigree and history of service to the people and not corrupt individuals who see the art of governance as a means to their selfish ends. We must enthrone selfless holders of public office who must serve solely in the interest of the masses. We must elect people with proven integrity to lead us in line with 21st century best practices of good governance.
Nigeria should elect leaders that respect the rights and civil liberties of its citizens, that recognize the sacrosanct nature of the rule of law. We must avoid making the mistakes of the past where the least amongst us is allowed to lead whereas we have best minds shaping global perspectives shut out of our local politics, who though willing to serve their country but detest the primordial nature of our political landscape.
CONCLUSION
Nigeria can only get better through the conscious efforts of Nigerian. No international agency, government or institution can change the trajectory of Nigeria if we do not rise, take responsibility and do the heavy lifting necessary for attaining good governance.
We hope that this submission serves as the motivation we need to stand at the forefront of changing the narrative and championing the movement for a better Nigeria where the dividends of democracy will be accessible to all.
AUTHOR: Njoku David Chibueze, Esq., ALIFIN, AICMC, ACIArb (UK)