people by the people and for the people as given to us by Abraham Lincoln of the blessed ... That was why Abraham Lincoln defined' democracy as, "the.
· DEMOCRACY, GOOD GOVERNANCE AND HUMAN RIGHTS IN NIGERIA: AN APPRAISAL Fine/ace Ogoloma, Ph.D and Dr. Beatrice Sampson Nyege
Abstract
Nigeria is one of the foremost countries in Africa with about a population of
150 million people. She wants to grow and niche a place for herself in the
comity of nations as a country in the move. Right now. she is in the throes
of internal contradictions. Not only is she facing security challenges arising
from the Boko Hararn terrorist activities but also, from the
institutionalization of bribery and corruption in the body politic, economic
sabotage, inftation, unemployment and poverty, nepotism, smuggling, examination malpractices•. police and military brutality in a civilian government and others. In the mist of these, can democracy, good governance and hu.nan rights thrive? The study is going to reveal this. Otherwise what is the way alit.
Nigeria, often referred to as the "Giant of Africa" got her independence in 1960 and became a republic in 1963 after renouncing the dominion status. It had an estimated population of 34 million at the time of independence but now is said to be 150 million. Being the most populous state in Africa, out of every four Africans one is a Nigeria. Nigeria's societal base comprises indigenous societies ranging in scale from smallest autonomous village tribe to the largest kingdoms and empires of pre colonial Africa, Within Nigeria, there are varieties of sects ranging from the Christian and Islamic sects, to those of African traditional religions. The contradictions in Nigerian societal base, amongst other issues, is the tribal politics and the irreconcilable differences between the political elites that brought to an end the first republic. This equally led to the institutionalization of the military rule in Nigeria till 1999 when the Obasanjo administration came to power. The ills of the first republic like corruption which brought in the military coup in the country has been on the rise instead of abating. The consequence is that the fortunes of the country instead of increasing is dwindling everyday. Instead of a government of the people by the people and for the people as given to us by Abraham Lincoln of the blessed memory, we have the government of the few for their selfish interests. To what extent can democracy thrive with good governance and human rights and has become a matter of conjecture.
Etymology and Definitions of the Term The term "Democracy is derived from the two Greek words, "Demos" and "Cratia", Demos means the people and Cratia means power. Democracy therefore means power of the people. That is government based on the people. That was why Abraham Lincoln defined' democracy as, "the government of the people, by the people, and for the people". This means that, in modern democracy, representative institutions derive authority from the people. The electorate is the political sovereignty in a democratic state. Democracy therefore arose in opposition to dictatorship, personal or arbitrary rule. It is an anathema to personalized rule. For Osai (2001), democracy is the mass participatory process of choosing leadership which thrives where the electoral process is understood by a preponderance of the populace, The electoral process in turn, requires the existence of political parties and rules of the game, which spell out the party system, to function optimally. Knowledge Review Volume 31 No.3, December, 2014
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Fille[ace Ogoloma, Ph.D alld Dr. Beatrice [j{lmpsoll
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Conceptualizing, and Meaning of Democracy According to Jega (2007), democracy evolved and spread worldwide and as the dominant system of political organization in modern nation-states, attempts to conceptualize and theorize it have become too amorphous and imprecise. With the result that, democracy has become a heavily contested albeit over flogged concept. Not only are there numerous often contradictory definitions of the concept, it also seems to mean different things to different people. For example, we have, People's Democracy, Guided Democracy; People's Democratic Dictatorship (Chinese). Democracy means, it is not personal rule and that it is different from authoritarian/dictatorial rule. It can be said also that democracy is based on some form of participation and/or representation. It is assumed that in a democratic political system, government derives legitimacy from the people. Government also exercises authority within the frame of a body of supreme laws called the constitution. Citizens have equal political rights to vote and to be voted for. From the definitions of democracy, we are able to realize that, they are a set of ideas, institutions and processes of governance that allows the broad mass of the people to choose their leaders and that guarantees them a broad range of civic rights. This conception of democracy could be criticized as narrow for focusing only on formal political rights and processes to the exclusion of economic concerns. In actual democracies, poverty often prevents the mass of the people from actualizing and enjoying their political and civic rights while the concentration of wealth in the hands of a few, gives the economically privileged minority preponderant political influence. It is the recognition of these paradoxes that has led to calIs for broadening of the notion of democracy to incorporate 'social and economic upliftment of the masses". (Jega:2007).
Attributes of Democracy The concept of good governance has been clarified by the work of the former Commission on Human Rights. In its resolution 2000/64, the Commission identified the key attributes of good governance as; (a) Transparency (b) Responsibility (c) Accountability (d) Participation (e) Responsiveness (to the needs of the people). By linking leadership and good governance to sustainable human development, emphasizing principles such as accountability, participation and the enjoyment of human rights, and rejecting prescriptive approaches to development assistance, the resolution stand as an implicit endorsement of the rights based approach to development. Resolution 2000/64 of the Human Rights Commission expressly linked good governance to an enabling environment conducive to the enjoyment of human rights and "prompting growth and sustainable human development". In underscoring the importance of development cooperation for securing good governance in countries in need of external support, the resolution recognized the value of partnership approaches to development cooperation and the inappropriateness of perspective approaches. The attributes of democracy according to Kumokou (2007:) are as follows; 1. The existence of more than one political party in the system to allow for competition and free choice.
16
The existence of periodic elections for the election of potential members of the government Legislators etc. The elections are to be free uud fair and also peaceful. that is, a change from one government to the other is peaceful and orderly. ~
The existence of rules of the 'game' and the acceptance of these as binding in the struggle for political power.
-+.
The existence of an independent judiciary which sustains and upholds the existence of the rule of law.
5.
Economy is determined by the market forces of supply and demand. That is, most democratic countries are capitalist countries.
6.
The constitution of the country guarantee the existence of fundamental human rights, associations, speech, movement etc.
-.,
The mass media are not controlled and owned by the government. Individuals own and control the electronic and print media.
, .
Conditions Necessary for Democracy to Thrive The following conditions are necessary for democracy to thrive in any given society. According to Enernuo (2008), the people must desire it and be willing to struggle to actualize its tenets. They must be willing to tolerate opposing views and show respect for the lives of other people. While the majority must act in a tolerant way, the minority must learn to accept the decisions of the majority. In effect for democracy to "Irive, it is necessary that the people be broad-minded and have a 1iberal dis pos iti on. To those desiring freedom in a democracy, crnzens are expected to possess "an educated sense of political responsibility". According to Heater. this trait stands for, "a positive interest in public affairs, a sense of responsibility to lise one's political rights for the public good, a certain minimum of education in order to be capable of making a responsible and independent political judgment, and finally, the existence of political debate to stimulate thought". Democracy equally requires a cultural milieu that permits freedom of thought, association and expression as well as a reasonable level of economic well-being among the people. As for Africa, democracy has been made on two principal grounds. They are; that it is a value in itself und that it presents a framework for reconciliating cultural diversities and facilitating development. The basic principles of democracy therefore are poli.ica] equality, tolerance, popular sovereignty, popular consultation. majority rule. rule by consent, open society and change of government through constitutional means. The old pattern of Hausa, Ibo and Yoruba groupings as regarding things of majority against minority still exist but conscious efforts are being made to eradicate monster tribalism. Bribery and corruption are still noticeable but by and large the future of democracy in Nigeria looks very bright.
Origin of the Term Good Governance The term "Governance" is of recent origtn in Nigeria and Africa in general. Like liberal democracy, it is a standard terminology developed by the western societies to showcase their level of transparency and responsiveness to the needs and aspirations of the people as well as their adherence to Human Rights. It was developed by the World Bank and International Monetary Fund (IMP) in the 1980s and 90s with their Structural Adjustment Programmes (SAP) to access in economic and political matters the performances of the states and governments ill terms of the prescriptions handed
17
Fineface Ogoloma, Ph.D and Dr. Beatrice Sampsoll Nyi!ge
over to them and their endeavours in executing them thereof. Its components are;' transparency, accountability, responsibility, responsiveness, etc. Today, it has become a model to be used to access the performances of the states and governments specially the Third World countries in the areas of economic, political, Human Rights observations, etc. The Western societies are believed to be the harbingers of these good governance ideas. Any country therefore that reneged or fall short of these ideas are rated to be low in the observance of these principles. And indeed in Nigeria, the term governance is a terminology taken to be democratic dividends and international best practices. Before delving into the terminology of good governance, it is necessary to understand the
term governance. Governance is the process by which authority is conferred on rulers, through which
they make the rules, and by which these rules are enforced and modified. Understanding governance
therefore requires an identification of both the rulers and the rules, as well as the various processes by
which they are selected, defined, and linked together and with the society generally.
Definitions of the Term Good Governance Good governance (UNDP) is .... "among other things participatory, transparent and accountable. It is also effective and equitable. It promotes the rule of law". It " ... encompasses the role of public authorities in establishing the environment in which economic operators function and in determining the distribution of benefits as well as the relationship between the ruler and the ruled. To world Bank, it is " ... epitomized by predictable, open and enlightened policy making, a bureaucracy imbued with professional ethos; an executive aim of government accountable for its actions, and a strong civil society participating in public affairs, and all behaving under the rule of law" (World Bank, 1994). According to UNDP, "Good governance is among other things, participatory, transparent and accountable. It is also effective and equitable. It promotes the rule of law. Good governance equally ensures that political, social and economic priorities are based on broad consensus in society and that the voices of the people are heard. The term good governance has no single and exhaustive definition neither is there any limit to its scope that is universally accepted. The term is used with great flexibility to it's advantage, but also it is a source of some difficulty at the operational level. This depends on the context and the overriding objective sought. Good governance has been said at various times to encompass (a) Full respect of human rights (b) The rule of law (c) Effective participation (d) Multi-actor partnerships (e) Political pluralism (f) Transparent and accountable process and institutions (g) An efficient and Political effective public sector (h) Legitimacy, access to knowledge (i) Information and education empowerment of people (k) Equity (I) Sustainability (m) Attitudes and values that foster responsibility, solidarity and tolerance.
m
Equally, there is a significant degree of consensus that good governance relates to political and institutional processes and outcomes that are deemed necessary to achieve the goals of development. Tt has been said that good governance is the process whereby public institutions conduct public affairs, 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 true test of "Good governance is the degree to which it delivers on the promise of human rights that is; civil, cultural, economic, political and social rights.
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Democracy, Good Governance and Human Rights ill Nigeria: All Appraisal
What is Human Rights In a simple form, it is the rights every person has to justice and freedom. This also denotes the idea of natural rights. Human rights manifests as, freedom of speech, worship, and peaceful assembly which have been endorsed in the UN Charted and also in the Helsinki Accord of 1979 (Charturvedia 2006: 141). It must be noted that it is only in a democratic society that basic rights of the citizens are guaranteed. That is why every modern constitution contains some formal guarantees of civil rights. Nevertheless, there is a great disparity at the level of sincerity that these rights are protected by different countries. This prompted Austin Ranney to remarked that, "the mere presence of formally guaranteed rights in any nation's constitution means at least that the framers, for whatever reason, deemed it desirable to pay at least lip service-and perhaps more to the idea of the rights of men" (Ranney; 1975 :528).
In the words of Obaseki, "Human rights have been variously described as the rights of a man or fundamental freedoms. They are claimed and asserted as those which should be or sometimes stated to be those which are legally recognized and protected and secure for each individual the fullest and freest development of personality and spiritual, moral and other independence. They are conceived as rights inherent in individuals as rational free willing creatures, not conferred by some positive law nor capable of being abridged or abrogated by positive law". (Obaseki, 1992). With the foregoing it means that human rights are inalienable rights that belong to man by virtue of his humanity and therefore should be granted and guaranteed to everyone. While some are already recognized by law others are still ideals that are yet to be legalized (Anifowose: and Enemuo; 2008: 147).
Origin of Human Rights The conceptions of human rights are traceable to the ideas of natural law which where developed by ancient Greek philosophers, the stoics, Roman Lawyers, Christian fathers such as St. Thomas Aquinas and the Social Contract theorists of the seventeenth and eighteenth centuries. For example one of the foremost Social Contract philosophers, John Locke, argues that, "obedience to government is based, on the fact that men join together in civil societies and form governments only for one reason the mutual preservation of their lives, liberties and estates" which naturally belong to all men simply because they are human beings. He insists that whenever a government fails to preserve these right and thereby ceases to serve the end for which it was created, the people have the right and even a duty to rebel and replace it. (Enemuo 2008: 147). According to Anifowose and Enemuo, "The view of human rights as the rights to which the individual is entitle by virtue of his being a human being has been carried into other main human rights declarations such as the French Declaration of the Rights of man and citizen (1789), and the Universal Declaration of Human Rights adopted by the United Nations in 1948 and as well as the constitutions of many nations. The natural law tradition also informs the formations of many writers. It is to be noted, however, that, there are those who espouse the positivist view and insist that there can be no rights outside those granted by state law". Ashivji has noted, these writers argue that "Natural Rights are not rights at all but some kind of moral ideas. (CODESRIA, 1989:21).
Categories of Human Rights
Human rights are divided into two categories. They are:
(A) Limitations on government, which are things that government is forbidden to do to the indi vidual.
19
Fineface Ogoloma, Ph.D and Dr. Beatrice Sampson (B)
N~
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Obligations of government that is series of duties that government pledges to perform for the individual (Ranney, 1975:522).
But Eze (1994) came up with more comprehensive groupings that classified human rights into five heads. E.g. civil, political, social, economic and cultural rights. Nevertheless, in general terms these compositions consists of the following rights. They are as follows:
(A) Civil and Political Rights These are the right to self-determination, the right to life, freedom from torture and inhuman treatment; freedom from slavery and forced labour; freedom of movement and choice of residence, the right to a fair trial, the right to privacy freedom of opinion and expression; the right to assembly; freedom of association; the right to marry and found a family; the right to participate in one's government either directly or through freely elected representatives; and the right to nationality and equality before the law. (B) Economic, Social and Cultural Rights These are in the form of the right to work; the right to just conditions of work; the right to fair remuneration, the right to an adequate standard of living; the right to organize, form and join trade unions; the right to collective bargaining; the right to equal pay for equal work; the right to social security; the right to property; the right to education; the right to participate in cultural life and to enjoy the benefits of scientific progress (Eze; 1984:5-6). Nigerian constitution of (1999:34-41) has these rights enshrined the constitution. They are as follows: I. Right to life- Article 33 2. Right to dignity of human person - Article 34. 3. Right to personal liberty- Article 35 4. Right to fair hearing - Article 36 5. Right to private and family life - Article 37 6. Right to freedom of thought, conscience and religion - Article 38. 7. Right to freedom of expression and the press Article 39. 8. Right to peaceful assembly and association - Article 40. 9. Right to freedom of movement - Article 41 10. Right to freedom from discrimmation - Article 42 (1999:34-41).
The Relationship between Democracy, Good Governance and Human Rights The relationship between good governance and democracy is predicated upon the fact that, it is only when there is liberal democracy around that good governance could prevail where all the arms of the government were expected to leave upto their expectations by being transparent in all their activities. The executive it is hoped will pay attention to the aspirations, demands and expectations of the people. The leadership should see himself as a servant not the master. Through that way, they will pay attention to the yearnings of the people. While the national assembly shall make sure that bills are passed. They will go a long way in solving the problems of the people. The judicial system should look at itself as the watch dog of the peoples rights. They should all aim for the greatest happiness of the greatest number. The democratic government therefore should be geared towards governance in the form of transparency, accountability of public officials, responsible conduct in line not only with the international best practices but as well as responsiveness to the demand, needs and aspirations of the governed. In the world of today, Nigeria and most democratic countries of Africa and indeed the Third World countries are judged in their performance in relation to their adherence to good governance principles. Donor countries sometimes insists on continuing to give aids to these countries by firm assurance to good governance, the guarantee of human rights which is adherence to international best practices. 20
Democracy, Good Governance and Human Rights ill Nigeria: All Appraisal
Therefore, civil rule must translate into credible democratic rule that must be predicated on democratic ideas, institutions, processes and practices. And its operators and top functionaries must have a democratic mind set, framed within the context of a viable democratic political culture and the rule of law. It is such a mind-set that can guarantee good governance and protect human rights instead of violating them. That prompted Jega (2007) to say that, "it takes a while to nurture a democratic political culture and make it the framework work for democratic praxis. It also takes time to establish and entrench institutions and processes for a consolidated democracy". Therefore, the more public and elected officials exhibit irresponsibility, unaccountability and responsibility to popular needs and aspirations, the more poorly they conduct themselves in governance and state craft. the greater the threats to democratic consolidations and sustainability.
'!i
i
According to Jega (2007), the promotion of human rights involves making citizens know their rights, to be able to defend them, as well as know the rights of others, to be able to respect and not breach them. It also includes training of the law enforcement personnel and those involved the administration of jus tice, to enable them show greater respect for other people's rights, and sensitivity and tact in handling human rights issues in their duties as public officers. All these are aimed at entrenching the culture of respect for human rights. Nevertheless, protection of human rights, on the other hand, entails efforts targeted at preventing violations of constitutionally and legally guaranteed rights and offering redress, remedies or sanctions if human rights situation and anticipating problems and using effective strategies and mechanisms to deal with the anticipated problems before they occur. It also involves receiving and responding approximately to, and acting upon individual and group complaints on human rights violations.
i
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Appraisal It must be realized that, democracy and good governance are interwoven. Without good governance there can be no democracy. It means that democracy is the foundation of good governance. Democracy therefore involves increasing the welfare of the people by the government. This concept occupies pre-eminent position in chapter two of the 1999 Nigerian Constitution as amended. This chapter in the constitution expressly mentioned that sovereignty belongs to the people of Nigeria from whom government derives its powers and authority. The constitution went on to say that the security and welfare of the people shall be the primary purpose of the government.
Moreover, it is only in democracy that we expect our leaders to provide responsible, transparent and accountable leadership which is generally regarded as good governance. Good governance is also possible when people are aware of their power and position as well as play positive and influential roles in the society which will keep the leadership on their toes. Apparently therefore, it is only in a liberal democratic dispensation that people can enjoy :-::Jman rights. This is because; the civilian rulers are expected to imbibe the attributes of good ;Jvernance in response to the popular wishes of those who elected them to be responsible and ~::sponsive.
In a military or civilian dictatorships, the leaderships are not accountable to any particular or persons. They govern as well as rule arbitrarily and by dictatorial fiats. Rule of law and : :'ostitutionalism are thrown to the winds. Human rights are disregarded. Peoples' rights are abused. :-:lOcent citizens are arrested and thrown into prisons without trials and where it is done Kangaroo _.urts are set up to try them. The people were already condemned before they are tried. Justice is not : :":y delayed but denied. This was the case in Nigeria under the military rules before 1999 when = -asanjos administration came to power. ~'Jdy
21
Fine[ace Ogoloma, Ph.D and Dr. Beatrice Sampsoll Nyege
Nigeria is one of the dynamic nations of the world. And it must be mentioned here that, the Nigerian internal contradictions like the Boko Haram insurgency and terrorism, the militancy in Niger Delta, pipeline vandalism, kidnapping, bribery and corruption, unemployment, inflation, poverty, examination malpractices, police and army brutality on civilians, etc, can also impinge on the stabilization of democracy in the country. So also will the internal contradictions affect good governance and human rights protections.
Conclusion From the context of our study despite the internal contradictions, we have come to realize that, it is only in liberal democracies that good governance and human rights are guaranteed. Military dictatorships as experienced in Nigeria before 1999 for example as in other parts of the world, did not bother about good governance and human rights. They did not care about the aspirations and genuine feelings of the people. People were detained with little ease and on flimsy excuses. Their basic freedoms were thrown to the wind. And no one dare raise his or her voice. Any head that is raised is regarded as ugly that needs to be done away with. But since democracy came in, things are different even though it will take time before democratic ideas and principles will germinate and take root in the country. With an informed parliament and public, improved infrastructural development and living standards, minimal corrupt practices and efficient bureaucracy, democracy will grow, good governance with international best practices would be in place, human rights of the people shall be respected and maintained in the country. In the process, the country would grow and move ahead and compete favourably with other nations of the world. Recommendations As a result of the foregoings, it is recommended that; I) The government should allow free flow of information between itself and the people. Because, the public has the right to be informed regarding the activities, policies and performances of the government. Democracy needs free flow of information to be able to thrive in the country. This will equally enable the masses to contribute their quota not only to the growth of democracy in Nigeria but also for the government to appreciate the contributions of the people. For democracy is a two way system between the people through their elected representatives with the government of the day. This in the process will usher in a vibrant society that will help bring about growth in the country. 2)
The Bureaucracy should be strengthened, restructured and given free hand to perform without much pressure or interference from the government. Otherwise, there will be no transparency. And corruption, ineptness and maladministration would be the order of the day. This if allowed to happen, would not put the bureaucracy in a good light in the eyes of the impartial Umpire which is the Nigerian public and the comity of nations. The bureaucracy must therefore be transparent and adhere to the international best practices.
3)
To improve on our judicial system for speedy dispensation of justice for "Justice delayed is justice denied. To this end, the judiciary must be made effective and more viable. There should no longer be adjournments, disappearance of case files and delivering judgment as to the merit and substance of the case. Judgment should not be according to the power of your pocket for the judiciary is "the last hope of the common man". The interests of the majority of the poor people should be to prevent both the parliament and the executive from carrying out unpopular policies that is not in the interest of the masses. Finally, the judiciary should be independent in all ramifications as to remain impartial, and to be able to mediate between the executive and the parliament as well as, the parliament, executive and the people.
4)
There should be a bold parliament that can be able to introduce solid legislations that could promote democracy, good governance, human rights as well as aim at international best 22
Democracy, Good Governance and Human Rights ill Nigeria: All Appraisal
practices. This will carry the country forward, promote confidence and attract direct foreign investments, improve health conditions as well as food production and availability and good investment in agriculture for sustainable development. 5)
It is the duty of Nigerians to remain united and patriotic to their "Father land" without any ethnic bias that could derail the transformation programmes of the government which is aimed at ushering in sustainable development. This will reduce corruption and other negative vices that does not allow the nation to grow. For internal contradictions distracts the government will make it not to not remain focused.
References Ake, Claude (1993), "Is Africa Democratizing" Text of Guardian Annual Lecturc,Guardian Sunday, December 12, A 9.
Anifowose & Enemuo (2008), Elements of Politics. Lagos: Sam Iroanusi Publications. Appadorai A. (2003), The Substance of Politics. New Delhi: Oxford University Press. Beetham & Boyle, K. (1995), Introducing Democracy. Paris: UNESCO. Chaturvedi, A. K. (2006), Dictionary of Political Science New Delhi; Academic (India) Publishers. CODESRIA (1989:21), Natural Rights are not rights at all but some kind of moral ideas. P.21. Diamond, L. (1988), Class, Ethnicity and Democracy in Nigeria: The Failure of the First Republic London: The Macmillan Press. Eze, O. (1984), Human Rights in Africa: Some Selected Problems, Lagos: Nigerian Institute of International Affairs. I ~
I
Osai J. & Ogoloma F. (2011), Peace and Conflict Studies: An Introduction. Publishers.
Port Harcourt; Ularnba
Jega A. M. (2008), Democracy, Good Governance and Development in Nigeria. Abuja; Spectrum Books, Limited. Kumokou I. (2002), Fundamentals of Politics. Port Harcourt: Sonite
Publishers Limited.
Otonti, N. (2006), The Roots ofAfrican Underdevelopment and other Essays. Ibadan: Books Limited.
Spectrum
Obaseki, A. O. (1992), "The Judiciary and Human Rights In U. Kalu and Osinbajo, Pp. Perspectives on Human Rights, Lagos: Federal Ministry of Justice.
(346-247)
Okoye, U. C. (2012), "Nigeria: Issues in National Development". October, 2012.
Osai, J. O. (2001), Introductions to Political Science: A Nigerian Perspective. Port Harcourt: Osai
International Publishers Limited. Ranney (1975), The Governing of Men, 4 th Edition, Hinsdale: The Dryden Press, -:-he (1999) Nigerian Constitution of the Federal Republic of Nigeria. JECD:www.oecd.org/dac/). 23
