Notes on Forms and Organisation of Government
The
Nature of Government and Politics
Introduction
As with
most issues in the Social Sciences context, different explanations are ascribed
to issues basically because of the difference in scholastic perception and
operational environment. This chapter therefore seeks to illuminate the nature
of Government, Politics and Political Science in order to construct acceptable
definitions.
Government
First and
foremost, Government is the whole establishment of the State or the whole
machinery for carrying out the business of a country (Price; 1996:22). This
refers to a situation as when we say ‘the Government of Nigeria is
demonstrating concerted efforts to improve the economy’. Also, Government may
also be employed to mean the executive organ of government of a State as
inferred when we say ‘The Nigerian government has recognised the Kabila led
Government of the Democratic Republic of Congo”. In a similar vein,
Government may connote the carrying out of the business of a country (as when
we say ‘President Goodluck Jonathan of Nigeria found the burdens of government
too heavy to sustain’), in other words, governing.
Concretely
speaking, the word ‘Government’ can be ascribed with different meanings
depending on the context in which it is used to describe the following:
(a) An
organization or institution of the state.
(b) The
process of governing.
(c) An
academic field of study.
Government
as an organization or institution of the State
Government
in this sense refers to the institutions or machinery through which the state
policies are formulated and implemented. Government as used here connotes the
executive, legislative and judicial institutions that make policies, execute
them and adjudicate disputes arising from these processes.
As an
instrument of managing the affair of people, government is expected to provide
different services and infrastructures that can make living with one another
within the state peaceful.
Such
services include among others
(a) Formulation
of rules, policies and enforcement of the same.
(b) Provision
of security for lives and property.
(c) Provision
of social facilities like good roads, electricity and pipe-borne water.
(d) Provision
of health facilities like hospitals, clinics and drugs.
(e) Provision
of educational facilities and funding of educational programmes
for the citizens.
(f) Mediating
in conflicts arising from the co-existence of the people within a state.
(g) To
provide a conducive environment for productive activities within the state.
Government
as the Process of Governing
Government
as a process of governing embraces the activities carried out by the three arms
of government, i.e., the executive, legislature and judiciary, to achieve the
aims of government. Another way of expressing this is to say that government is
the process of ruling. Government as a process of governing involves the task
of taking decisions by different arms of government. These borders on law
making, law execution and enforcement as well as interpretation of the laws
made in matters of relationship between individuals and institutions existing
within a state.
Government
as an Academic Field of Study
Government
is also the name of a subject of study just like History, mathematics,
Geography, and Economics. This field of study deals with the institutions of
governance and their interactions in the process of ruling, i.e, how they make
and implement state policies. This starts from primary and secondary schools
with subjects such as Civics, Social Studies and Government. Government as an
academic discipline has great linkage with Political Science at the tertiary
level with subsidiaries like Public Administration, Comparative Politics and
International Relations.
Concretely
speaking, Government is best explained as the agency or machinery through which
the will of the State is formulated, expressed and realised. The
concept includes the sum total of the legislative, executive and judicial
bodies in the State at all levels, and the activities of all those who are
engaged in making, administering and interpreting law for the overall
governance of a State.
Politics
The
frontiers of Political inquiry have continued to expand overtime. The word
“politics” is derived from the Greek word ‘Polis’, meaning a
city. In ancient Greece,
the basic unit of human organisation, coterminous with the State, was the city.
From ‘Polis ‘ came the word ‘Polities’ meaning ‘citizen’, and ‘Politikos’, an
adjective meaning ‘appertaining to the city, the citizen, and citizenship’.
(Khan, et al, 1987:3). From ‘Politikos’ is derived the English word “politics”
which implies the study of the general principles on which government can be
carried on successfully; in other words, the study of the exercise of power.
The truth
remains that the entire gamut of human activities falls within the sphere of
political control. The above brings to fore the Aristotlean
conception that ‘every man is a political animal’. Not animal in the
lower animal sense but simply because politics dictates man’s basic existence. The
American Political Scientist, Robert Dahl (1990:1) puts it more
succinctly: Politics is one of the unavoidable facts of human existence
and if politics is inescapable, so are the consequences of politics”.
Thus, since
politics is the concern of everybody, no one should ever pride himself as being
‘not interested in politics’.
Harold
Lasswell conceives politics as “Who gets What, When and How?” (Lasswell,
1936). The above definition conceives politics from the sense
of people who are in power at a particular moment or those who can influence
incumbents to determine how the power and resources of the State are
appropriated. Also, George Kousolas (1981) limits the scope of politics to the
State and its institutions by explaining it as “those activities that are
closely related to the State and its structure of government” (Kousolas
1975:4). On the other hand, David Easton views the issue from the perspective
of resource and value allocation by defining politics ‘as the authoritative
allocation of values’. (Easton, 1965:50). It may be noted however, that all
these divergent definitions and opinions about the concept of politics can be
resolved by synthesizing all of them to posit politics as the conscious attempt
to control the minds and resources of men and nations.
Fundamental
concepts in Government and Politics
Introduction
An
essential fact in Social Sciences inquiry is that we cannot think clearly in
basic terms unless we know what these basic terms mean. This is fundamentally a
question of communication. If someone writes a newspaper article, make a
political speech or broadcast, or even take part in a friendly or acrimonious
political discussion in a local bar, he cannot really communicate effectively
with those to whom he is speaking unless they know precisely what he means by
the words he uses. This underscores the importance of conceptual discussions.
Power: Power
is the central issue in government and politics. A chairmanship candidate in a
Local Government election is out to acquire power (political). A young man who
schemes to marry from a wealthy family or vice versa is seeking power
(economic), likewise, the military boys who frequently incur in African
politics are out to exercise power ( military). Naturally man loves
power because of the benefits it carries and he will go to any extent to
acquire it.
Thomas
Hobbes assessed human life and saw it as tied to “a perpetual and restless
desire of power after power that ceaseth only in death”. Power is the ability
to get other individuals to do what perhaps ordinarily, they would not have
done. As Kousoulas puts it, it is “the capacity to make other human
beings do what they would not ordinarily have done of their own accord”.
(Kousoulas 1975:16). In a similar vein, Schuman (1989: 272) explains
power essentially as the ability to win friends and influence people, to
evaluate sympathy and to command obedience. In other words, power is the
ability to compel obedience.
Man
acquires power principally through who he is (personality), what he has
(property) and where he belongs to (organisation). Man also submits to power
due to threat of punishment; promise of pecuniary reward and exercise of
persuasion. Apart from the economic, military and political variants of power
already mentioned above, others are industrial power, gender power, physical
power and spiritual powers. Nevertheless, the most important variant which
stands as the core of other powers is political power. It is
exercised in the context of the State.
Authority: Authority
is the right to exercise power. Rais Khan et al are
of the opinion that authority is the right to influence the behaviour of
others. If power is the ability or capacity to compel obedience, it simply
means that whoever possesses the right to compel obedience possesses
authority. It is power wrapped in legitimacy.
For
instance, by virtue of the mandate given President Goodluck Jonathan in the
recent constitutional power succession in Nigeria, he has acquired authority
from the electorate to influence their behaviour for a given time, that is,
until his mandate for governance expires. One important fact to note is that
the person who is being influenced must accept that the person influencing him
has the right to do so. The above probably influenced Robert Dahl to posit that
“Legitimate power or influence is generally called authority” (Dahl,
1990:33). In other words, authority provides legitimacy for power.
Legitimacy: Joseph
LaPalombara stated the obvious when he declared: “Legitimacy is a state of the
mind and not a condition of legality” (LaPalombara, 1974:48). This
is to say that an action simply becomes acceptable if it is legitimate. This
concept has much to do with the conscience of an individual upon which certain
actions are to be operated.
Corroborating
the above is George Kousoulas, who opined that the extent to which citizens
regard the State, its institutions, its policies and personnel as morally right
and acceptable determines the legitimacy or otherwise of a State action
(Kousoulas, 1975:73). The commonest test question that citizens employ in
determining the moral acceptance of State action is “do I accept that the
person exercising power over me has the basis to do so?”.
Political
Culture: Every society has its own peculiar tradition, which is a kind of
culture that encompasses a prevalent political attribute and orientation. It
includes the opinion of citizens about the political system, the government,
the political actors, political events and the capacity and capability of the
political system to satisfy the political demands of the people. It is
basically the perception and expectation of individuals from the political
system.
According
to De Gracia, political culture is that complex whole which includes knowledge,
belief, art, custom and other capabilities and habits by man as a member of
society (De Gracia, 1985:36). It is also the commonly accepted rules and
commonly shared goals of politics (Macridis, 1982:31). Eric Rowe (1979:12)
explained political culture as a pattern of individual values, beliefs and
emotional attitudes. David Barber (1988: 50) defined the concept as the pattern
of orientation in which every political system is embedded as well as people’s
orientation towards political objects (which include the legislature, the
executive, the judiciary, political parties, pressure groups, political actors,
the constitution as well as any other object that makes an impact on the
political system).
Political
culture is therefore the totality of peoples view of the what, when and how of
the politics of a particular place at a particular period of time. Thus, if an
election takes place with low turn out; if citizens demonstrate on an issue or
if people in a constituency attempt to recall their representative from
government, such actions will simply be demonstrating the people’s orientation
to the political system at that particular time.
Political
Socialisation: Rodee, et al (1983:84) explains
political socialization as the process by which individuals and the
mass public, are introduced to a nation’s political culture. In other words, it
is an avenue through which ideals; values and beliefs get transmitted from one
generation to another. It is also the process and system of political learning.
Each individual learns about the politics of his or her society because the
methods of politics are not inborn. Although Aristotle in his book, Politics, opined,
“all men are political animals” the strategy and tactics of politics are
learned and acquired. Furthermore, because politics has to do with all facets
of life, it makes all facets of life political.
Donald J.
Devine for instance, in The Political Culture of the United States explained
the core of American political culture to be the liberal tradition of American
democracy. Therefore, an average American grows up cherising liberal democracy
as a system of government. In contradistinction, in a country like Nigeria,
the orientation has been toward the military way of life to the extent that
even civilian leaders find it difficult to govern democratically.
The
processes of transmitting ideas, values and beliefs from one generation to
another are through parental or family influence; self or group participation;
memorable events and environmental factors among others. In similar vein, the
agencies that carry out these important transmissions are the family; the
school; political parties; the mass media, peer groups and the character of the
society.
Ideology: Leaders
commonly employ this term to condition acceptance and obedience from their
followers. The concept simply means an exposition of ideas.
Christenson, et al (1973:4) explained it as
“science of ideas”. An ideology is an action-related system of
ideas. Ideologies typically contain a programme and a strategy for its
realisation and their essential function is to unite organisations, which are
built around them… Ideologies are sets of ideas relating to the existing
political and social order and intended either to change it or defend it.
(Friedrich, 1983:89). It is a system of ideas that explains or
justifies a particular social reality.
Ideologies
are essential in every political system because of the functions they perform.
First and foremost, an ideology performs the role of legitimation, that is, it
accords the structures and government personnel the needed legitimacy. Secondly,
it stimulates the citizens for more active participation in the political
process, and as such, it stands out as an essential ingredient of mass
mobilisation. Thirdly, it is an instrument of self identification; and lastly,
it helps to foster national integration. As opined by David Krech et al (1980:402):
the existence of a common ideology tends to minimise behavioural differences
due to different wants among members. A common ideology does this by creating a
core of common wants among members and by inducing a common method of
expressing different wants.
Capitalism: economic system in which private individuals and business firms
carry on the production and exchange of goods and services through a complex
network of prices and markets. Although rooted in antiquity, capitalism is
primarily European in its origins; it evolved through a number of stages,
reaching its zenith in the 19th century. From Europe, and especially from
England, capitalism spread throughout the world, largely unchallenged as the
dominant economic and social system until World War I (1914-1918) ushered in
modern communism (or Marxism) as a vigorous and hostile competing system.
The term
capitalism was first introduced in the mid-19th century by Karl Marx, the
founder of communism. Free enterprise and market system are terms also
frequently employed to describe modern non-Communist economies. Sometimes the
term mixed economy is used to designate the kind of economic system most often
found in Western nations. The individual who comes closest to being the
originator of contemporary capitalism is the Scottish philosopher Adam Smith,
who first set forth the essential economic principles that underguard this
system. In his classic An Inquiry into the Nature and Causes of the
Wealth of Nations (1776), Smith sought to show how it was possible to
pursue private gain in ways that would further not just the interests of the
individual but those of society as a whole. Society's interests are met by
maximum production of the things that people want. In a now famous phrase,
Smith said that the combination of self-interest, private property, and
competition among sellers in markets will lead producers “as by an invisible
hand” to an end that they did not intend, namely, the well-being of society.
Throughout
its history, but especially during its ascendency in the 19th century,
capitalism has had certain key characteristics. First, basic production
facilities—land and capital—are privately owned. Capital in this sense means
the buildings, machines, and other equipment used to produce goods and services
that are ultimately consumed. Second, economic activity is organized and
coordinated through the interaction of buyers and sellers (or producers) in
markets. Third, owners of land and capital as well as the workers they employ
are free to pursue their own self-interests in seeking maximum gain from the
use of their resources and labor in production. Consumers are free to spend
their incomes in ways that they believe will yield the greatest satisfaction.
This principle, called consumer sovereignty, reflects the idea that under
capitalism producers will be forced by competition to use their resources in
ways that will best satisfy the wants of consumers. Self-interest and the
pursuit of gain lead them to do this. Fourth, under this system a minimum of
government supervision is required; if competition is present, economic
activity will be self-regulating. Government will be necessary only to protect
society from foreign attack, uphold the rights of private property, and
guarantee contracts. This 19th-century view of government's role in the
capitalist system was significantly modified by ideas and events of the 20th
century.
For several
decades after World War II, the mixture of Keynesian ideas with traditional
forms of capitalism have proved extraordinarily successful. Western capitalist
countries, including the defeated nations of World War II, enjoyed nearly
uninterrupted growth, low rates of inflation, and rising living standards.
Beginning in the late 1960s, however, inflation erupted nearly everywhere, and
unemployment rose. In most capitalist countries the Keynesian formulas
apparently no longer worked. Critical shortages and rising costs of energy,
especially petroleum, played a major role in this change. New demands imposed
on the economic system included ending environmental pollution, extending equal
opportunities and rewards to women and minorities, and coping with the social
costs of unsafe products and working conditions. At the same time,
social-welfare spending by governments continued to grow; in the United
States, these expenditures (along with those
for defense) accounted for the overwhelming proportion of all federal spending.
The current
situation needs to be seen in the perspective of the long history of
capitalism, particularly its extraordinary versatility and flexibility. The
events of the 20th century and the beginning of the 21st century show that modified
“mixed” or “welfare” capitalism has succeeded in building a floor under the
economy. It has so far been able to prevent economic downturns from gaining
enough momentum to bring about a collapse of the magnitude of the 1930s. This
is no small accomplishment, and it has been achieved without the surrender of
personal liberty or political democracy. The elusive goal for capitalist
nations is to secure, simultaneously, high employment and stable prices. This
is a formidable task, but given the historical flexibility of capitalism, the
goal is both reasonable and attainable.
Communism: This is a theory and system of social and political organization
that was a major force in world politics for much of the 20th century. As a
political movement, communism sought to overthrow capitalism through a workers’
revolution and establish a system in which property is owned by the community
as a whole rather than by individuals. In theory, communism would create a
classless society of abundance and freedom, in which all people enjoy equal
social and economic status. Such a society would ultimately be governed by the
principle of ‘from each according to his ability and to each according to his
need’.
In
practice, communist regimes have taken the form of coercive, authoritarian
governments that cared little for the plight of the working class and sought
above all else to preserve their own hold on power. The idea of a society based
on common ownership of property and wealth stretches far back in Western
thought. In its modern form, communism grew out of the socialist movement of
19th-century Europe. At that time, Europe was
undergoing rapid industrialization and social change. As the Industrial
Revolution advanced, socialist critics blamed capitalism for creating a new class
of poor, urban factory workers who labored under harsh conditions, and for
widening the gulf between rich and poor. Foremost among these critics were the
German philosopher Karl Marx and his associate Friedrich Engels. Like other
socialists, they sought an end to capitalism and the exploitation of workers.
But whereas some reformers favored peaceful, longer-term social transformation,
Marx and Engels believed that violent revolution was all but inevitable; in
fact, they thought it was predicted by the scientific laws of history. They
called their theory “scientific socialism,” or communism. In the last half of
the 19th century the terms socialism and communism were often used
interchangeably. However, Marx and Engels came to see socialism as merely an intermediate
stage of society in which most industry and property were owned in common but
some class differences remained. They reserved the term communism for a final
stage of society in which class differences had disappeared, people lived in
harmony, and government was no longer needed.
The meaning
of the word communism shifted after 1917, when Vladimir Lenin and his Bolshevik
Party seized power in Russia.
The Bolsheviks changed their name to the Communist Party and installed a
repressive, single-party regime devoted to the implementation of socialist
policies. The Communists formed the Union
of Soviet Socialist Republics (USSR,
or Soviet Union) from the former Russian
Empire and tried to spark a worldwide revolution to overthrow capitalism.
Lenin’s successor, Joseph Stalin, turned the Soviet
Union into a dictatorship based on total state control of the
economy and the suppression of any form of opposition. As a result of Lenin’s
and Stalin’s policies, many people came to associate the term communism with
undemocratic or totalitarian governments that claimed allegiance to
Marxist-Leninist ideals. The term Marxism-Leninism refers to Marx’s theories as
amended and put into practice by Lenin.
After World
War II (1939-1945), regimes calling themselves communist took power in China, Eastern
Europe, and other regions. The spread of communism marked the
beginning of the Cold War, in which the Soviet Union and
the United States,
and their respective allies, competed for political and military supremacy. By
the early 1980s, almost one-third of the world’s population lived under
communist regimes. These regimes shared certain basic features: an embrace of
Marxism-Leninism, a rejection of private property and capitalism, state
domination of economic activity, and absolute control of the government by one
party, the communist party. The party’s influence in society was pervasive and
often repressive. It controlled and censored the mass media, restricted
religious worship, and silenced political dissent.
Communist societies
encountered dramatic change in the late 1980s and early 1990s, as political and
economic upheavals in the USSR, Eastern
Europe, and elsewhere led to the disintegration of numerous
communist regimes and severely weakened the power and influence of communist
parties throughout the world. The collapse of the USSR effectively
ended the Cold War. Today, single-party communist states are rare, existing
only in China, Cuba, Laos, North
Korea, and Vietnam.
Elsewhere, communist parties accept the principles of democracy and operate as
part of multiparty systems.
Socialism: Socialism is an economic and social cum political doctrine that
demands state ownership and control of the fundamental means of production and
distribution of wealth, to be achieved by reconstruction of the existing
capitalist or other political system of a country through peaceful, democratic,
and parliamentary means. The doctrine specifically advocates nationalization of
natural resources, basic industries, banking and credit facilities, and public
utilities. It places special emphasis on the nationalization of monopolized
branches of industry and trade, viewing monopolies as inimical to the public
welfare. It also advocates state ownership of corporations in which the
ownership function has passed from stockholders to managerial personnel.
Smaller and less vital enterprises would be left under private ownership, and
privately held cooperatives would be encouraged.
These are
the tenets of the Socialist party of the U.S.,
the Labour party of Britain,
and labor or social democratic parties of various other countries. Therefore
they constitute the centrist position held by most socialists. Some political
movements calling themselves socialist, however, insist on the complete
abolition of the capitalist system and of private profit, and at the other
extreme are socialist programs having objectives entailing even fewer changes
in the social order than those outlined above. The ultimate goal of all
socialists, however, is a classless cooperative commonwealth in every nation of
the world.
The terms
socialism and communism were once used interchangeably. Today, however,
communism designates those theories and movements that, in accordance with one
view of the teachings of Karl Marx and Friedrich Engels, advocate the abolition
of capitalism and all private profit, by means of violent revolution if
necessary. Marx organized the International Workingmen's Association, or First
International; when this congress met at Geneva in
1866, it was the first international forum for the promulgation of Communist
doctrine. This doctrine was later explained by Lenin, who defined a socialist
society as one in which the workers, free from capitalist exploitation, receive
the full product of their labor. Most socialists deny the claim of Communists
to have achieved socialism in the USSR,
which they regarded as an authoritarian tyranny. But after World War II, many
Communist-led political parties in the Soviet sphere of influence still used
the designation socialist in their names. In East
Germany (now part of the united Federal
Republic of Germany), for example, the name adopted by the merged Communist and
Social Democratic parties was the Socialist Unity party.
The modern
socialist movement, as distinguished from communism, had its origin largely in
the revisionist movement of the late 19th century. The worsening condition of
the proletariat, or workers, and the class war predicted by Marx for Western
Europe had not come about. Many socialist thinkers began to doubt
the indispensability of revolution and to revise other basic tenets of Marxism.
Led by the German writer Eduard Bernstein, they declared that socialism could
best be attained by reformist, parliamentary, and evolutionary methods,
including the support of the bourgeoisie.
Communalism: This
is a socio-economic cum political arrangement that is hinged on the voluntary
sharing of a way of life by a group of people who believe that they can live
better together than they can alone. Under communalism, assets and liabilities
are mutually owned and shared. In a commune, the welfare of the group is more
important than the comfort of the individual. Communal groups sometimes strive
to build durable institutions that will maintain utopian values. Utopian
communities are based on the principles that people can achieve an ideal
society by living and working together. This system of administration is still
in practice in Aiyetoro community of Ilaje Local Government Area of Ondo State.
Human
Rights: Human rights are the benchmark rights below, which no municipal or
national law may fall. As UNESCO puts it,” human rights are neither a new
morality, nor a lay religion and are much more than a language common to all
mankind.” Human rights simply mean those rights that are essential to the
realization of human aspirations; without them, life is meaningless and may be
regarded as nasty, brutish and short.
These
rights can now be classified into three categories.
These are:
1. Civil
and Political Rights
2. Economic
Social and Cultural Rights
3.
Environmental Rights.
The first
category enjoys prominence than the other two because it is the one the State
finds politically convenient to enshrine in the constitution. The rights are
extracted from the United Nations Universal Declaration of Human Rights in 1948;
the International Covenant on Civil and Political Rights of 1976; and with
particular reference to Africa, the
African Charter on Human and Peoples’ Rights. This class of right is referred
to as
Fundamental Rights as contained in the Chapter 4 of the 1999 constitution of Nigeria.
The rights can be listed as follows:
Section
33-Right to life
Section
34-Right to dignity of human person
Section
35-Right to personal liberty
Section
36-Right to fair hearing
Section
37-Right to private and family life
Section 38-Right
to freedom of thought, conscience and religion
Section
39-Right to freedom of expression and the press
Section
40-Right to peaceful assembly and association
Section
41-Right to freedom of movement
Section
42-Right to freedom from discrimination
Section
43-Right to acquire and own immovable property anywhere in Nigeria
Section
44-Compulsory acquisition of property.
It must be
noted that what makes them fundamental is that the constitution makes them so
and not that they are inherently fundamental. Indeed they are no more
“fundamental” than the other categories. Consequently, it is improper to refer
to this category of rights as “fundamental human rights” rather than
“fundamental rights”
Economic,
social and cultural rights will include right to gainful employment, right to a
good standard of living, right to education and shelter among other things as
provided for in the Chapter 2 of the 1999 constitution where they are presented
as Fundamental Objectives and Principles of State Policy. These rights are
however referred to as ‘non-justiciable’, that is the enforcement of these
rights cannot be subject of litigation in court. Thus, the safeguard of these
rights as it were, is at the grace of the Executive arm of Government.
Environmental
rights are a new generation of rights. These posit the right to a clean
environment as spelt out in the Federal Environmental Protection Act of 1990.
Prior the
return to civilian rule in May 1999, the human rights situation in Nigeria was
very poor. The esteemed Nobel laureate, Prof. Wole Soyinka once remarked that
“I smell the sperm of tyranny before the rape of the nation”, (CDHR, 2001) in a
bid to describe the excruciating human rights situation in Nigeria during
the dark days of military rule. At present, the situation has improved but the
drawbacks and ineptitude of the military interregnum still affects the human
rights situation. This is because democracy has only succeeded in revealing the
rot of the Human Rights situation.
At present,
fundamental rights of citizens still come under attack despite the advent of
democracy. For instance, the protection and enjoyment of the right to life and
respect for human dignity is hampered by the non-availability of the necessary
socio-economic infrastructures that can guarantee the realization and
fulfillment of such rights. According to the CDHR report on Human Rights
(ibid), “the traditional means by which the Nigerian rights to life and respect
for human dignity were abused are: death penalty, extra-judicial killings
including assassinations; arbitrary arrests and detention; disappearances;
avoidable disaster and the poor administration of our prison system.” Apart
from the above,” a new dimension has emerged and this have to do with the
individuals and groups who were dissatisfied with the ineptitude of the state
functionaries and the brazen killings and maiming of Nigerians by
unconventional security organizations who hijacked the duty of maintaining laws
and order from the Nigerian police and assumed the business of protecting lives
and properties in various parts of Nigeria.”
Extra-judicial
killings have also increased in the land against one of the twin pillars of
natural justice, which requires that a person must be heard before any punitive
measure can be taken against him. The Nigerian police and the numerous ethnic
militia groups in Nigeria took
unenviable lead in the killings and brutalities that took place across Nigeria and
the truth in most case is that the rights of Nigerians (many of them mere
suspects) were violated. Police and military task force brutality have also
increased and the rights of innocent Nigerians are trampled upon whether in
their homes, highways, offices or public places.
Although
the military has gone back to the barracks for well over a decade, the human
right situation has not really improved. It still presents the recurrent
anomalies of extra-judicial killings, arbitrary arrest and detention without
trial, torture and degrading treatment, which are perpetually perpetrated on a
daily basis.
The
State, Society and Nation.
State: This
is another word which has several meanings in the English Language depending on
the context in which it is employed. It can simply mean a country,
as when we say ‘War has broken out between the two States.’ It can mean a
constituent unit, with its own government, of a Federal republic, as when we
talk of Ondo State or Akwa- Ibom State of Nigeria.
It can also mean the government of a country, as when we talk of State land, or
State ownership of industry.
Actually,
the State represents the level of organisation and civilisation in human
societies. It is a well defined geographical territory with human population,
government and sovereignty. This implies that a State must not only have
distinct border demarcations, it must of necessity be occupied by people with a
constituted machinery for the organisation and realisation of their individual
and group interests.
State is
also used to mean an association of men and women formed for specific purposes,
with a clearly defined territory and an organised system of government.
The
essential elements contained or implied in this sphere are:
(i) A
definite territory (some states may exist without definite territories as
evinced by Palestine).
A State
must have a determinate geographical territory or boundary that is
internationally recognized. And importantly, any person within the
boundaries of a state is be bound by the laws of such State. Geographical
territory includes the land area, sea and water areas and outer space within
the boundaries of a State.
(ii) A
government organised to achieve the purposes for which the State was set up.
This is the
machinery by means of which law and order are maintained, and which carries out
all functions on behalf of the State. Unusually government is said to consist
of three branches or arms viz: the Legislature, the Executive and the
Judiciary. The three constitute the administrative organ of the State.
Government runs the State for the common good of the members of society.
(iii) Population (A
body of men and women having a purpose).
It is not
merely a group of people. Here population means a group of people
organised to obey the same set of laws and distinguished from other peoples by
their loyalty to the same central government. Such a people may be
of same or diverse cultures or races.
(iv) A
system of laws (A constitution)
This system
of laws refers to the body of rules, which directly or indirectly regulates the
arrangement, and the exercise of power in a State. It is the collection of
principles upon which the powers of the Government, the rights of the governed
and the relations between the two are designed.
(v) Sovereignty
- the power of the State to make laws and enforce them with all the means of
coercion it cares to employ; and the independence of the State from foreign
control.
It has two
aspects. The first aspect is the internal supremacy within the state and the
second aspect is the external independence from direct political control by any
other State or political authority. Legal sovereignty is the most important
aspect of the State. The ability and the right to manage one’s own
internal and external affairs is what distinguishes a State from other units or
entities such as an association, a union, a protectorate or the constituent
part of a federation.
Theories of
Origin of the State
Organic Theory: The
organic theorists see the State as evolving naturally. Aristotle, a foremost
scholar in this realm believes that the State emerged naturally because it is
the evolutionary apex of the movement from the family to the village, the city
and the ultimate culmination in the complex association of people – the State.
Aristotle also believes that the State is ultimately a natural occurrence that
hinges on human development and evolution.
Also, Hegel
sees the State as a natural creation because it exists on earth to symbolize
law and order in a bid to govern the society.
Divine
Theory: This theoretical perspective argues that States are divinely
created by God. Thus, both spiritual and temporal authority comes from God.
Appadorai (1960) summarized the position of these theorists in the following
way: (1) the State has been established by an ordinance of God; (2) its rulers
are divinely appointed, and (3) the rulers are not accountable to any other
authority but God. This school of thought is greatly inspired by religion.
Patriarchal
Theory: This school of thought argues that the unit of ancient societies
is the family in which descendancy was traced through males. This school
further argues that members of the patriarchal family should trace their
genealogy to the male person and that it is the patriarchal affinity that
formed the basis of the modern state.
Matriarchal
Theory: This is the opposite of the Patriarchal theory. This theory posits that
the State emerged out of blood relationships that are better traced to mothers.
It argued that masculinity has limitations and that the ancient societies were
firmly built by feminine bonds.
Force
Theory: The thrust of this theory is the proposition that all contemporary
political communities developed out of successful warfare. The State is thus
founded when a leader with his army occupies a conquered territory and
establishes control and authority. The continuation of such exploits according
to some theorists, in some respect, culminates in the modern State.
The Social
Contract Theory: This is the most popular theory of State formation. It
was postulated and developed (with similar propositions) by the trio of John
Locke (1690), Thomas Hobbes (1651) and Jean Jack Rousseau (1962). A common
argument in their theoretical escapades is that the society emerged by a
decision of men who agreed to be under the same political body with a
superintending authority. The three scholars argued that men used to live in a
state of nature where the hands of every man was over every other
man and life was said to be very short, brutal and nasty. In other words, the
state of nature was a phenomenon under which might was considered to be right.
The modern state is therefore a product of the contract between the people and
the ruler, and both parties have responsibilities and obligations in accordance
with the terms of the contract. The postulation of the social contract
theorists can be summarized thus:
No man can
make himself emperor or king;
a people
sets a man over it to the end that
he may rule
justly, giving to every man his
own, aiding
good man and coercing bad; in
short, that
he may give justice to all men.
If then he
violates the agreement according
to which he
was chosen, disturbing and
confounding
the very things which he was
meant to
put in order, reason dictates that
he absolves
the people from their obedience;
especially
when he has himself first broken the
faith which
bound him and the people together
(Carlye,
1977).
Nation: The
word Nation is often wrongly confused with the word State. The two
concepts however mean different things; Nation has a sort of inherent spiritual
quality, which the concept, State does not have, and in consequence, it is very
difficult to define. In fact, no single definition fits every conceivable
circumstance in which it would be proper to use the term Nation.
The term
‘Nation’ is however obviously allied to nationality, both being from the same
Latin root, ‘natus’, meaning birth. Harold Laski defines it as “a
population with ethnic unity, inhabiting a territory with geographic unity”.
(Laski, 1970:28) Khan, et al also
explain it to be a body of people who feel themselves to be naturally linked
together by certain affinities which are so strong and real for them that they
can live happily together (Khan, 1987:31).
Basically,
a Nation should be a group of men and women who have, or who feel that they
have, some, all or more of the following things in common: a common ancestry; a
common history or tradition; a common language; a common culture; a common
religion; a common territory; and a common government.
Now the
Yoruba of Nigeria for example have a common ancestry (in that traditionally
they are descendants of Oduduwa), a common history and tradition, a common
language, a common culture, a common traditional religion, and a common
territory. But we become stucked because they do not have a common government,
since there are Yoruba living under the governments of the six South- Western
States of Oyo, Ondo, Ogun, Ekiti, Lagos and
Osun as well as Edo, Kwara, and Kogi States in Nigeria.
The Yorubas are also found in Togo and Benin Republic.
Whatever group of people we pick, we find out that in at least one respect,
this definition gets inadequate. Therefore, for all practical
purposes the most reliable definition of a Nation is: a group of people who
considers itself as having something in common that distinguishes it
substantially or completely from all others. It is therefore a
concept whose content evolves over time.
While it
has some political underpinning, the concept is usually suffused in culture,
the important thing being that if a people believes that it is a nation, it
will behave like a nation, as there are abundant opportunities to create a feeling
of ‘nationhood’ or ‘togetherness’, a “we feeling” as it were, amongst
previously separated people, as has happened for instance in the United States
of America.
It must
also be noted that while a state may consist of different nations, the
psychological and cultural boundaries of a nation may transcend that of a
State. For example, whereas the Nigeria State is
made up of many ethnic nations (Yoruba, Hausa, Fulani, Igbo, Ijaw, etc), the
Kurdish nation is scattered over many countries in Europe and
the Middle East.
Nation
State: A nation-state is a territory controlled
by a single government and inhabited by a distinct population with a common
culture that shapes the identity of its citizens. All the essential elements of
the modern state are also embedded in the nation-state. According to Oyeleye
(2003), the difference between a state and nation-state cannot be found in
these common elements; rather, the prominence of social coherence and
nationalism in the state makes it a nation-state.
Society: A
society is an association of human beings. As a concept, it suggests
the whole complex of relations of man to man. It also consists of
the complicated network of groups and institutions expressing human
association. There are many groups in a society, among which are the family,
the caste, the church, etc which influence social life in one way or the other.
Social occurrences such as customs, values and norms are created by a society
to guide human conduct.
The society
focuses on social relationships, which cannot be approximated by the State or
its government. Not minding the level of organisation or management, the
concept society is applicable to all human communities whether primitive or
modern.
Organisation of
Government
Introduction
A common feature of
modern States is the organisation of the dynamics of power among its citizens
and its constituent parts. This framework is essential to foster unity and
peace as well as to forestall anarchy and chaos. This chapter will highlight
and discuss the essential frameworks upon which modern governments are
organised.
Constitution
A constitution is a body
of fundamental principles and rules by which a country is governed. It is a
document that establishes the institutions of the government and defines their
powers. It also contains rights and duties of citizens.
Features of a
Constitution
Constitution differs from
one country to another. The sources of constitutions are its features:
Historical experiences.
Class structure or social
stratification.
Level of socio-economic
development of the country
Leadership quality and
ideology.
Ethnic composition of the
state.
Certain fundamental
aspects of government are clearly outlined by all constitutions. These are:
i. Preamble or National
objectives
ii. Structure of
government
iii description of how
the powers of the state are to be distributed and exercised
iv Amendment process.
v. Human rights and
freedom of individuals.
Source of Constitutional
Rules
Constitutional rules come
from four main sources:
Written laws
ii. Organic laws
iii Judicial decisions, and
iv Customs and conventions
Written laws
The written laws are
produced for the State by the Constitution Drafting committee (and constituent
Assembly).
The Nigerian 1979
Constitution was drafted by the Constitutional Drafting Committee (CDC). The
written document was later ratified by a Constituent assembly and promulgated
by the military administration in power by then.
Organic laws
These are special laws
that explain in detail, broad constitutional provisions. They are laws
concerning the basic structural procedures by which the government will
function. For example, the written constitution establishes the executive
branch of government and public service. The particular ministries and
department of government to be established are the result of organic laws made
by the legislature. Organic laws therefore, give meaning to the constitution
but are not directly part of it.
Judicial decision
The judiciary takes part
in making constitutional rules in two ways:
Through Court decision,
i.e. interpretations of provisions of the constitution.
Through Judicial review,
i.e. review of acts based on the constitution.
Constitutional provisions
are usually broad statements of law, so their application often leads to
controversy. Such controversies are resolved by the court’s interpretation of
the constitution thus forming part of the Constitution. Judicial review is the
power of the courts to determine whether or not a legislative or executive act
is constitutional and to declare such an act as null and void, that is, of no
effect if it is found to be unconstitutional.
(iv) Customs and
Conventions
These are practices and observances (not
written down as part of the constitution), which are, accepted as part of the
way the government functions. They are usually obeyed as much as any written
constitutional rule.
Types of constitution
All constitution falls
into two broad categories namely:
(a) Written and unwritten
constitution.
(b) Rigid and flexible constitution.
Written constitution
This is a constitution in
which the fundamental principles for the organization of government powers, the
institutions established and the rights of the citizens are written down in one
document. Examples of this type of constitution are those of Nigeria, Germany,
Ghana and the United States of America. A main feature of the written
constitution is that it is usually rigid. This means it demands a cumbersome
procedure for its amendment. A written constitution gives the authority to
interpret it to the Judiciary. This makes the Judiciary serve as a watchdog to
see that the Constitution is observed.
Unwritten Constitution
The unwritten
constitution is one in which the fundamental principles of the organization and
powers of government are not codified in a single document. Also, an unwritten
constitution is normally made up of conventions, court decisions and organic
laws that have evolved over time. A perfect example of an unwritten
constitution is that of Great Britain. Its most important feature is that it is
flexible. It is easy to amend as the procedure for doing so is the same as for
passing ordinary law. It should be noted that constitutions in general have
both elements of being written and unwritten.
Rigid Constitution
A Constitution is said to
be rigid:
If the procedure for its
amendment is not the same as those for passing ordinary bills.
The element of rigidity
is evident in the usually cumbersome and long process for its amendment.
However, rigid
Constitution varies considerably in the methods lay down for amendment. The
Constitution of Nigeria and the United State of America are examples of rigid
constitutions. For example, to amend the 1999 Nigerian constitution, it needs
the approval of two thirds majority of both houses of National Assembly,
supported by at least two thirds of all States Houses of Assembly.
Flexible Constitution
A constitution is
flexible if the amendment procedure is the same as that for the passing of
ordinary laws. The British Constitution is the best example of a flexible
constitution. The characteristic of a flexible constitution are the same as
those of the unwritten constitution.
Constitutionalism
Constitutionalism means
adherence to the constitution. In other words, it holds that those who govern
must do so in accordance with the principle of the constitution. Furthermore,
the concept of constitutionalism subscribes to limited governmental authority,
respect for rule of law and human rights.
Relationship between constitution
and constitutionalism
The points of difference
between the two concepts involve the following:
While constitution is the
document with which State governance is shaped, constitutionalism is the
principle with which the document (constitution) is made to work.
Constitutionalism implies
the limitations imposed on the actors in government identified by the
constitution against excessiveness.
Constitutionalism is
usually entrenched in every constitution of each state.
Constitutionalism
involves the creation of constitutional order.
Federalism and Unitarism:
Federalism and Unitarism
are the two most enduring modes of political arrangement in the world today.
Federalism refers to a political arrangement that allows for at least two
levels of government, in which case there is always the existence of a central
government otherwise called the federal government and other States labelled
variously as States, region, republic, canton, province or union. This form of
political organisation is such that the central, or federal government, does
not have unrestricted power, but shares it with the governments of the separate
regions or States which make up the federation, and which have certain
specified powers laid down by the constitution.
The commonest reasons for
the adoption of federalism are: the need for a common defense; fall out of a colonial
policy; a shared historical experience; attraction in economies of scale;
administrative convenience and above all, political willingness on the part of
the constituent units. The essential principles that enhance the workability of
any federalism are a written constitution; bicameral parliament, supremacy of
the judiciary and an indivisibility clause.
On the other hand,
Unitarism, which connotes supremacy of the central government, is the system of
government that centralises and concentrates political authority in one central
government. This arrangement has no constitutionally recognised lower levels of
administration, but in the opinion of Dipo Kolawole (1997: 162), the executive
can delegate some powers or functions to the subordinate units, which can be
withdrawn at will.
An essential fact worthy
of note is that States that practice unitarism are usually homogeneous in their
ethnic and cultural composition. Besides the homogeneity of unitary States,
also unique to the system is the small size of the States, geographically and
demographically. (Rodee, et al 1983:285). Examples of States,
which have these features, which therefore made the unitary system of
government expedient for them, are Britain, Denmark, Italy, France, Greece,
Israel and Japan.
Parliamentary and
Presidential Systems of Government
We describe the type of
government where the President is simultaneously the Head of State and Head of
Government (in other words, exercising executive power himself), as a
presidential system of government. Nigeria under Shehu Shagari (1979-1983) and
Olusegun Obasanjo (1999 - 2007), South Africa, and the United States of America
are three examples of presidential systems of government.
On the other hand, where
one has a titular Head of State, whether he is a King or a President, with the
executive power of government in the hands of a Prime Minister working with a
cabinet, we refer to this as a cabinet system of government. The United Kingdom
is a good example of this system: The Queen is the titular Head of State,
exercising no power whatsoever except on the advise of the Prime Minister. The
Prime Minister meanwhile is the Head of Government, who exercises all the
executive authority of the State in collaboration with the cabinet, a group of
senior ministers who share with him collective responsibility for policy
making. From 1960 to 1966, Nigeria was administered in this way, the Governor
General, and later the President (Dr. Nnamdi Azikwe), was the titular Head of
State, occupying exactly the same position as the Queen of England. The Federal
Prime Minister (Sir Tafawa Balewa) and his cabinet exercised the executive
powers.
Proponents of the Cabinet
system of government argue that by divorcing the functions of Head of State and
Head of Government, one ensures that the former can personify the country in a
dignified, non-political and non-contentious manner, without becoming in any
way involved in or tarnished by party political squabble. At the same time, the
continuity of the nation’s, institutions, despite changes of and in government from time to time, is ensured
by this device. Since no real political power is in the hands of the Head of
State, it is not necessary that a visibly democratic process should select him.
It is merely necessary that he/she should be acceptable to all sections of the
community. In this way, the selection of the Queen of England by a mere
accident of birth into a family, the legitimacy of which is undisputed, can be
justified.
Arms of Government
In an attempt to
accomplish its task as the machinery through which the purpose of the state are
sought to be realized, government is made up of some basic institutions through
which political control is affected.
Usually, government power is expressed in three forms, namely the Legislature,
the Executive and the Judiciary. These
institutions exist in complementary forms and act as checks on one another.
The Legislature generally
is the law-making branch of a representative government. The Executive is the branch of government
concerned with the implementation of the policies and laws made by the
Legislature. While the Judiciary is the
branch concerned with the interpretation of the laws, and it is made up of the
Courts, with the general objective to protect citizens from real and potential
abuses by the other branches and personalities.
The bureaucracy which is different in category from these branches of
government is the totality of government offices or bodies that constitute the
permanent government of a state. This
body unlike the other arms of government enjoys permanence irrespective of
changes in political leadership.
Legislature
The word “legislature” is
often used synonymously with “Parliament’ and “Assembly. The History of parliaments according to John
Paxton is long. As a political
institution, it has a tradition reaching back into antiquity. The early forms of modern legislative
assemblies could be traced to the Lathing in Iceland (A.D. 930), the Cortez of
the Castilian townsmen in Spain (12th Century), the Risk day i.e.
Sweden (A.D. 1434), and the Estates General in France. The present forms of legislatures can be
traced to the British. Beginning from the French Revolution of 1780,
parliaments have been adopted in democratic European countries. In Africa and other colonized countries,
legislature is one of the migrated features of colonialism. Though it must be underscored that most of
the colonial legislative houses were far from being legislative.
Functions of the
Legislature
* Representation and Law Making:
Legislature has the right
to speak for and commit the whole country in its deliberations and decisions.
Law making is the primary function of the Legislature. Apart from initial open discussion of the
bills/laws, and debating general principles, a legislature also operates
committee system. Each committee will
closely scrutinize the various bills for consideration. The committees are usually made up of small,
specialist members and relatively permanent for a given legislative
tenure. However, there are some in which
the committee systems are not well developed, where the committees are neither
specialized nor permanent.
* Control over Finance:
Usually, it has become a
rule that public money cannot be raised or spent by the Executive without the approval
of the Legislature.
* Control over the
Executive:
The legislature is
saddled with the function of monitoring; questioning and checking the powers
and operations of the Executive. This
entails some residual judicial functions such as impeachment.
* Sounding board for Public Opinion:
Legislature serves as a
fixed institutional link between government and people. Through regular consultation with their
constituencies, and opportunities to hear petitions from aggrieved persons
against the executive, the legislature serves as a sounding board for public
opinion. It is also involved in
publicizing issues i.e. by drawing the attention of the public to issues.
* Selection of some
members of the Executive:
In some countries e.g.
the United States and Nigeria, the Senate is required to approve some
presidential appointments such as Ambassadors, Supreme Court Judges etc.
* Amendment to the
Constitution:
They may initiate or
enact constitutional rules or changes.
* Breeding Ground for
Future National Leaders
It is an avenue for
breeding leaders in executive positions as well as legislative positions at
national level
* Enactment of Bills
Through enactment,
proposals are transformed into a binding rule.
Types of Legislature
Usually, the legislature
contains one or two chambers, on the basis of this, legislatures are
categorized into unicameral and bicameral legislature.
Unicameral Legislature
A country’s legislature
is said to be unicameral, when it has only one house, that is a single
legislative chamber. This is the type of legislature in operation at the state
level in Nigeria. All the 36 states have a legislative chamber each. A
unicameral legislature is a legislative body having only one chamber and with
its members usually elected directly Example of countries with unicameral
legislature are Ghana, sierra-Leone, The Gambia, Kenya, New Zealand, Demark,
Finland, Greece, Turkey (before
1961). Malta, Sweeden, Spain etc.
Merits
Ensure swiftness in the
passing of decisions.
Reduces the length of
legislature process of dual chambers.
Reduces cost which arises
from paying allowance/salaries to members of two chambers.
It prevents a situation
whereby a priviledged second
chamber may super-impose its will on the
public.
Bicameral Legislature
Bicameral legislature
refers to a two-chamber legislature. There is the lower house and the upper
house. Membership of the lower house is by popular election. In some countries
such as Nigeria and the United States of America, membership of the upper house
is also by election. In some countries such as Britain, membership of the upper
house is not by election. In Nigeria, bicameral legislature is being practiced
only at the federal level. As such, we have the federal House of
Representatives and the Senate. Other countries that practice this model are
Australia, Canada, South Africa, Britain, United States, Italy, Belgium,
France, West Germany, Ireland, Fihi, India, Japan, Brazil, Angestina,
Netherlands, Norway, Malaysia, and South, Vietnam. In some other countries like
Nigeria, members of the two chambers are directly elected.
Merits
The presence of the
second chamber acts as a safeguard against the anticipated tyranny of a single
chamber. This reason is premised on the
grounds that it would be rare for the two chambers to connive to conspire
against the State.
The presence of a second
chamber acts as a check upon hasty and ill-conceived legislation.
It serves as a means of
providing adequate representation to certain interest groups.
The second chamber in
Federal State allows for opportunity for providing equal representation to the
component units.
Types of Legislation
Acts of parliament: this refers to laws that are validly made by
the legislature and signed into law by the head of state (president or
monarch).
Decrees: These are laws
made by military governments. In Nigeria, under the military regime the federal
military government governed by Decrees. In some democratic countries, e.g.
France and Russia, the president issues orders in the form of decrees.
Edicts: these are laws
also associated with the military. During military regimes in Nigeria, the
state military government ruled by edicts.
Bye-laws: these are laws
made by local governments
The Executive
It may be defined as the
arm of government which is saddled with the responsibility of carrying out the
will of the people as enacted in its laws.
The term when used in a broad sense encompasses all the functionaries
and agencies involved in executing the formulated functions of the government
with the exception of the Legislature and the Judiciary. The concept when used
in a narrower but more technical sense refers to the political heads of
government such as the President or Prime Minister and his cabinet.
Usually when we use it as
one of the three arms of government in Political Science we often refer to this
narrower meaning in which we are referring to the organ that directs and
supervises others to ensure that enacted laws or rules and policies are carried
out for the achievement of.
Functions
In examining the
functions of the Executive, it is important to state that these functions are
sometimes different with type depending on the constitution and form of
government. However, we can however
identify the following functions:
Administrative
This border on the
direction and execution of governmental laws.
This underlines the possession of power to appoint and remove officials,
directing their performance and enforcing discipline on them. In some countries however, such appointment
may need to be confirmed by the legislature.
Also the executive possess military power which makes the President to
be the Commander-in-Chief of the Armed Forces. The Executive also have power to
represent the government in its day to day relations and negotiation with other
states.
Judicial Function
The judicial function is embedded in the
possession of the prerogative of mercy.
In addition to this, the executive also possesses some quasi-judicial
power which makes it possible for it to try certain disputes between government
and officials and private citizens.
3. Legislative Function
The executive sometimes
perform some legislative functions either directly or indirectly. It has to initiate bills to the Legislature.
It also possesses the power of delegated legislation which involves the power
to issue statutory orders and rules.
Types of Executive:
Many types of executive
can be identified; we shall adopt two types of classification. These are:
Single and plural
executive;
Parliamentary and
Presidential or Non-Parliamentary Executives.
Single and Plural
Executives:
Under this classification
we can identify the single executive e.g the President of the U.S.A. where
control is invested in only one individual.
Under this arrangement, the President has his ministers who are
nominated by him. These ministers are
dependent on him and act as both agents and advisers to him.
In the plural executive,
however, as typified by the President of the Federal Council of Switzerland,
the President is just the Chairman of the Federal Council. He only exercises the usual power of a
Chairman as other members of the council are his colleagues and not
agents. Executive power relies with the
whole council.
Advantages of the Single Executives
It ensures promptness as
there is unity of purpose. This can be
of very great advantage at a period of emergency.
The performance of an
individual leader can easily be recognized.
Disadvantage of the
Single Executives
In a multi-ethnic state,
where there is mutual distrust for each other, there is always unhealthy
rivalry for such position.
It may lead to tyrannical
rule when an authoritarian personality is at the helm of affairs.
Advantage of Plural
Executives
It make use of the
intellect of a team rather than that of an individual, which goes to support
the adage that two goods heads are better than one.
It reduces the tendency
of the executive to be autocratic
Parliamentary and
Presidential or Non-Parliamentary Executives
Under this classification
we can identify the Parliamentary Executive typified by that of Britain and the
Presidential typified by the U.S.A.
The Parliamentary
Executive is made up of a cabinet chosen from among the Parliament. Under this type, there is no strict
separation of powers between the executive and legislative organs. It is usually chosen from among elected
representative of the majority political party or coalition group in the
legislative house and usually headed by the leader of the majority party. Under Presidential Executive, there is a
clear separation of powers between the Executive and the Legislature. The president under this system acts both as
the Head of State and Head of Government.
Advantages of
Parliamentary Executives:
There is higher
co-operation and harmony between both the executive and the legislature. This in no small measure ensure smoother
legislation and prevents a situation where the executive may be crippled if it
does not have its laws passed.
Efficiency of
Administration maybe ensured by constantly bringing the government into
constant touch with the legislature.
It prevents autocratic
rule as the executive needs to be assured of the confidence of the
legislature. Thus, its policies must
always reflect public opinion.
The ability of each
member of the cabinet can easily be ascertained by the adoption of collective
responsibility.
Disadvantages
It does not enjoy
specified tenure of office. It may be
dissolved by a sweep of popular disfavor.
Since the choice of
members of cabinet is limited to majority party in the Parliament or its
coalition, merits may be sacrificed as some more competent individuals in the
opposition are always excluded.
Legislative work may
distract Ministers from the executive function.
Advantages of Presidential Executive
There is in-built
relative stability and freedom from the control of legislative majority.
Tenure is fixed by the
constitution except in case where there is gross abuse of power which can
warrant impeachment. In time of
emergency it can readily work with dispatch.
This discourse on the
Executive arm of Government will be incomplete without a mention of the
Public/Civil Service.
The Public Service
represents the employees of government.
This refers to the set of people responsible for the functioning of
government through the implementation of government policies. Often times, the
term is used to indicate a scope that is wider than that of the civil service.
In this usage, public service means the totality of services that are organised
under public authority. The term could also be used in a more fundamental sense
to refer to the idea or ideal of rendering service to the public. They are
those responsible for the functioning of government through the implementation
of government policies.
The Public Service is
made up of workers in government ministries, parastatals, specialised agencies
and institutions. Suffice to state that all workers in Government establishment
will qualify to be personnel of the Nigerian Public Service. By this, Doctors (in Public Hospitals), Public
University lecturers, officers and men of the Armed forces, workers in Federal
and State ministries and parastatals, employees of the Central Bank of Nigeria
etc are all members of the Public Service. However, within the Public Service,
we have the Civil Service, which constitute the inner core, or the heart of the
public service.
Four fundamental
principles guide the Public Service all over the world. The principles are:
(i) Principle of equality
of treatment: This requires all public service to recognize the equality of
citizens before the law. It also demands that persons in comparable situation
vis-à-vis the administration shall be treated equally without any distinction
whatsoever. It prohibits any discrimination based on place of origin, race,
gender, religion, ethnic group, philosophical or political convictions.
(ii) Principle of
legality: This stipulates that “public service shall be provided in strict
compliance with the law” and that “administrative decisions shall be taken in
conformity with existing regulations”.
(iii) Principle of
neutrality: This requires the public service as a whole to remain neutral in
respect to the government of the day. It also requires all administrations to
respect and treat the principle as fundamental.
(iv) Principle of
continuity: This provides that “public service shall be provided on an ongoing
basis and in all its component parts, in accordance with the rules governing
its operation”.
On
the other hand, the Civil Service refers to the entire service of government
which is divided into departments that caters for one particular subject or
programme of Government. According to Adebayo (1999), “a generally accepted
definition of the civil Service is that it comprises all servants of the State,
other than those holding political appointments, who are employed in civil capacity
and whose remuneration is paid out of money voted by the Legislature”. In a
similar vein, Adebayo (1992) opined that it refers to “the body of permanent
officials appointed to assist the political executive in formulating and
implementing governmental policies (civil servants) and the ministries and
departments within which specific aspects of government work are carried out”.
Though
an integral part of the Public Service, the Civil Service is qualified to be
described as the major instrument used by government to manage development. The
Civil Service has four main characteristics as presented below:
Expertise
– Civil Servant possess expert training for the job they are employed to do. In
fact, they are recruited on the basis of their training and special
qualifications
Impartiality
and Political Neutrality – The civil servant ensures that his own political
views do not influence the performance of his duties. He is impartial in his relationship with the
political executive.
Anonymity
– The Civil Servant does his work quietly behind the scenes. He does not take
credit for the success of the ministerial responsibilities or blame for any
failure or errors.
Permanence
– The Civil Servant has a secure tenure in office until retirement. That is,
the job of the civil servant does not depend on any government. He retains his
job no matter how many times the government changes. This does not however stop
him from being dismissed because of incapacity or misconduct.
In Nigeria as elsewhere,
the Public Service and Civil Service are often used as synonyms whereas the two
concepts are different in meaning although not much harm is done if the
concepts are used interchangeably to reflect the affinity of their bureaucratic
mandate.
The Judiciary
The judiciary is the arm
of government saddled with the responsibility of interpreting the laws of a
country, resolving disputes between the people and government, or among the
people and imposing penalities where the law has been breached. In other words, it is the body that protects
the citizen from the real and potential abuses of their rights by the other
branches of government, corporate bodies as well as individuals. The judiciary
is made up of the Courts in general and all serving Judges. The Judiciary is the basis of any
constitutional government. For the
judiciary to effectively perform its functions, it must be independent. That is why liberal democracies see judicial
independence as a necessary condition for the operation of rule of law because
it is a major safeguard of liberty.
Functions of the
Judiciary
Primarily the judiciary
is to interpret the law of the nation where there is ambiguity. This would be as it affects government and
individuals, or levels of government like between the Federal Government of
Nigeria and the old Bendel State Government during the Second Republic. It could also be between individuals, or
individuals and institutions.
Upholding the supremacy
of the constitution in a Federal State by declaring unconstitutional laws
passed by the legislature as void once they are not in conformity with the
constitution.
Settlement of Dispute: by
the virtue of the competence it has in interpreting the law, it settles
disputes between individuals or any warring parties. It adjudicates to resolve disputes as
prescribed by the law of the land.
Guardian of the Law: It applies the law without fear or favour in
order to safeguard the liberties of the individual so as to comply with the
‘spirit’ of the constitution.
Conditions Necessary for
the Independence of Judiciary
Security of Tenure, this
means judges must have security of tenure subject to good hebaviour and must
not be removed from office at the instance of executive.
Selection of Judges
should be based on professional competence and merit rather than political or
personal considerations.
Political neutrality of
judges: Judges should endeavour to immune themselves from political pressure
once they have been appointed.
Fixed Remuneration. Remuneration should not be subjected to
variation in the hands of the executives so as to avoid a situation where it is
used to victimize.
Rule of Law
Professor A.V. Dicey
provided a clear formulation of the principle of the Rule of Law in his book
titled Introduction to the Law of the Constitution. He gave three
interpretations or essential meanings of the Rule of law.
These interpretations are
summarized below:
a. The supremacy of the ordinary law administered by ordinary
court: This implies that power should not be used arbitrarily by state officials.
Nobody should be punished or rejected to any form of suffering except he has
broken the law and is convicted as such by the ordinary court of law precludes
government from using arbitrary powers to detain a person. The law of the land
is supreme and should be obeyed by all.
Equality before the law:
According to this second meaning of the rule of law, everybody in the society,
regardless of his position or status is equal before the law and should be
subject to the same law. If the president or governor commits the same offence
as a messenger, the two should be subjected to the same trial by the ordinary
court. This presupposes that nobody is above the law. There should be no
distinction between people in respect of law.
Fundamental liberty of
the individual: This implies the existence of individual freedom which should
not be infringed upon by the state. It connotes the freedom of the individual
to pursue legitimate business, own property, and hold and express opinion,
among others. Individual rights are recognised by the United Nations
Organization and most countries in the world. Such rights include right to
life, liberty, freedom of association, worship and movement. Other basic rights
of individuals within a state include:
Right to education.
Right to social security.
Right to decent living
and meaningful living.
Reasons for Upholding the
Rule of Law
It is important that the
Rule of Law be upheld in a State for the following reasons:
Protection of Human
Rights of citizens: Adherence to the rule of law ensures that the rights of
citizens as entrenched in the constitution are guaranteed.
Supremacy of law: It
ensures that the law is supreme over all institution and persons. It also
prevents the governance of a state on the basis of the whims and caprices of
the ruler.
It guarantees equal
treatment of citizens by the State since every one is regarded as equal before
the law.
Protection against
arbitrary rule: Where the rule of law prevails, citizens are protected from
arbitrary exercise of power. When there is abuse, they can go to court and seek
redress.
Check on dictatorial
tendencies. An ambitious leader with dictatorial tendencies is less likely to
achieve such ambitious intentions where the Rule of Law prevails.
It facilitates the
achievement of good governance: The Rule of Law is conducive to an orderly
society which in turn tends to promote good governance and development.
It boosts citizens’
confidence in the state. The predictability and stability guaranteed by the
rule of law increases the confidence of citizens in the state.
Separation of powers
The principle of
separation of powers states that not only should the three arms of government
(namely executive, legislature and judiciary) be separated but also their
functions should be performed by the different persons or a body of persons.
For example a member of the Legislature should not simultaneously be a Minister
nor should a Judge hold a cabinet post.
The doctrine of
Separation of Powers was popularised by Montesquieu in his book Espirit de Lois
in 1748. The doctrine is designed to check abuse of power by government
operators.
Advantages
Protection of individual
freedom and liberty. By dividing the powers of government among different
persons or a body of persons, encroachment on individual liberty is minimised.
Prevention of tyranny. A
concentration of power in one hand can lead to tyranny. Separation of power
prevents this.
Check of abuse. It is
said that power corrupts and absolute power corrupts absolutely. The doctrine
of Separation of Powers prevents an individual or group from wielding absolute
and unchecked power.
It prevents a person from
presiding over his case. By allocating different persons, the doctrine prevents
a person from being a Judge in his own case.
Effectiveness and efficiency
is guaranteed: By allowing a kind of specialisation in the performance of
government’s tasks, the doctrine of separation of powers encourages the
effective and efficient performance of government functions.
Disadvantages
Possible conflict between
arms of government. Excessive emphasis on power separation can lead to
conflicts between different arms of government.
Isolationist tendency.
Each arm of government may become scared of the apparent check that other arms
poses; thereby attempting to isolate its operations.
The Doctrine of Checks
and Balances
This is an arrangement
whereby any arm of government serves as a check on another arm of government.
This is to prevent abuse of power. What this means is that when the legislature
makes laws, it is another arm of government that executes the law and another
that interprets it. The law made by the
legislature may be declared null, unconstitutional and void by the Judiciary.
As such, the Judiciary serves as a check on the legislature in the performance
of its basic functions. This doctrine attempts to allow one organ of government
to check the other so that one does not become too powerful or misuse one’s
power.
POLITICAL
PARTICIPATION
Every political system
establishes a model of citizenship participation in its government. While some
allow for mass participation, some others limit the number of able
participants. This section will focus its attention on the patterns of cross
national models of citizenship participation in government and politics.
Citizenship: Rights,
Duties and Obligations
As is the case in most
societies, for example a political party or a tennis club, a group has the
right to make rules governing membership. In the case of the State, membership
is known as citizenship. The commonest ways in which individuals acquire
citizenship of a State are by being born to parents who are citizens of that
State or by being born within the territory of that State. Individuals may
change their citizenship by a voluntary process known as naturalisation; in
other words they opt out of membership of one State and into membership of
another. Some countries, however, do not recognise the right of the individual
to renounce his citizenship of the State, and so you may find occasionally
confused circumstances where a man may be the citizen of one country according
to the laws of that country and the citizen of another country under the laws
of the other.
Citizenship confers
certain rights on the individual, and also imposes certain duties. Among the
most important rights of a citizen are freedom from unlawful deprivation of
life; freedom from subjection to torture or other inhuman or degrading
treatment, slavery or forced labour; freedom from deprivation of personal
liberty except in accordance with the law; respect for private and family life;
freedom of conscience; freedom of expression; freedom of association and
peaceful assembly; freedom of movement and freedom from discrimination, whether
religious, racial, political or sexual.
In return for the rights,
which a citizen enjoys, he has to accept certain duties. Unless he does so,
government would break down, and his rights would therefore be valueless.
A citizen’s primary duty
is that of allegiance. According to David Barber (1988: 62), allegiance means
loyalty to the community, which one belongs to. If citizens refuse to accept
this duty of allegiance, the State would simply fall apart and cease to exist.
Again, a citizen has a
duty to obey the law so that the society doesn’t break down into anarchy. One
of the least popular duties of a citizen is the payment of taxes, both national
and local. To sum up, the duties of the citizen are those minimum requirements,
which will ensure the stability and orderliness of the community and its
survival as a heritage to future generations.
The freedom of the
individual, which is affected by the form of government under which he lives
(that is the opportunity he has to participate): a citizen, for instance, is
obviously freer under democracy than under an absolute monarchy or military
dictatorship.
Raison d'être for obeying
the State
Why do we tend to obey the
state? Ought we to obey it? What are the possible sources of this political
obligation? Does it matter if we don’t have an obligation to obey? What are the
moral standards on which the authority of the state (its ‘right’ to rule) is
dependent?
In terms of politics,
obligations are requirements that it is necessary to fulfill. These are
generally in the form of legal obligations, which incur a penalty for lack of
fulfillment, although certain people are obligated to carry out certain actions
for other reasons as well, which can be due to tradition or social reasons.
Obligations vary from person to person, for example, a State Governor will
generally have far more obligations than a mere adult citizen, who themselves
will have more obligations than a young person. Obligations are generally
granted in return for an increase in an individual’s rights or power.
Common legal obligations
for citizens include the need to participate in the voting process or pay
taxes, which is granted in return for the right to take part in decision-making
and benefit from social infrastructure.
Another case in point is the obligation to participate in a census every
ten years, which, like many legal obligations, often carries a heavy fine if
not completed. Citizens obedience to the State therefore lies in an
appreciation of the place of political obligation which is best explained as a
social, legal, or moral requirement, such as a duty, contract, or promise that
compels one to follow or avoid a particular course of action (Harmon,
1988:22). It can also mean a course of
action imposed by society, law, or conscience by which one is bound or
restricted.
Conditions for
Disobedience to the State
Whether we like it or
not, we are all subject to political power: we are governed. Furthermore,
almost all of us have specific ideals and expectations about how we ought
to be governed: how that power ought to be exercised, how our governments ought
to treat us. Indeed, these ideals are often taken for granted by so many of us
that we are not fully aware of precisely what they are. But when we condemn the
way a state treats its citizens – when we complain about our voices not being
heard or respected by politicians, about our liberties being infringed or the
unfairness of a government’s welfare policies - such ideals come to the fore.
It is in circumstances such as this that citizens disobey the state, not
minding the structures put in place to compel obedience. Some of the conditions
that may trigger disobedience on the part of citizens are discussed below.
Illegitimate Government:
LaPalombara (1974:48) opined, “Legitimacy is a state of the mind and not a
condition of legality”. By this, it means that legitimacy is a function of
perception. In other words, citizens grant legitimacy to a government by
considering the acceptance or otherwise that the person exercising power over
them has the right to so do? Thus, a government that lacks legitimacy either
through its mode of ascension to power or by its inability to meet up citizens
expectations in terms of security of lives and properties, security of their
country’s borders against invasion e.t.c will naturally breed disobedience from
the citizens. Also, a government whose leaders disappoint the citizens in a way
will no longer likely administer citizens that will completely obey its rule.
For instance if a highly placed official of the state gets involved in corrupt
practices and the powers that be decides to shield him or her, the citizens
will definitely construe that action to be the legitimization of corruption and
citizens may not abide by the anti-corruption laws any longer. In similar vein,
a government that is formed without citizen’s popular participation in the
selection process will not be considered as government “of the people” because
the strict adherence to the procedures of democratic election are what gives
governments a good part of its legitimacy.
Once the government lacks
legitimacy, citizen’s obedience to its rule is hard to come by and a government
that lacks legitimacy may not be able to weave the society together. Therefore
for power to be effective and for the purposes of the stability of the
political system, there is a need for power to have the base of authority and
to be legitimate. Power without authority and legitimacy may trigger
disobedience on the part of citizens.
State Softness: The
concept of “a soft state” depicts a situation of the state’s unwillingness or
inability “to minister to the basic needs of its citizens or to enforce
voluntary compliance to its rule and regulations” (Oyediran and Agbaje, 1991).
State softness is attributable not only to such factors as resources scarcity
and limited regulatory and coercive capacity, but also to social incoherence,
i.e, the lack of recurrent patterns of political exchange and reciprocity in
the relations among social forces (Aghayere, et al, 2000:59). The above
scenario is close to Bratton’s (1989) description of the state as a “lame
leviathan” which strives to be excessively authoritarian in order to disguise
the fact that it is inadequately authoritative.
A soft state is
vulnerable to manipulation by the political elites and it translates to the
disenchantment of the majority citizens to the state because of its inability
to be just and fair in the authoritative allocation of resources.
Triumph of sub-national
interests: Certain interests exist within the State that is detrimental to its
existence and its capacity to compel obedience from the general public. These
sub-national interests are often caused and influence by factors such as:
ethnicity, religious bigotry, economic sabotage, denial of rights and external
influences. For instance after four decades of
political independence in Nigeria, ethnicity is more central than ever as a
problem in the country’s political process. The interactions among the
constituent ethnic groups have led to the formation of innumerable (overtly or
covertly) structures of ethnic nationalism. Nigeria’s Fourth republic is
remarkable with the manifestation of citizen’s inclinations to primordial
attachments and this has implications for their allegiance to the state, nay
their obedience to its rules and regulations.
Nigeria is
also frequently categorized as a "deeply divided" society-divided by
religion (a predominantly Muslim north and predominantly Christian south) and
despite the constitutional provision for secularity, mutual suspicion continues
to assert itself in the interactions of the different religious worldviews. The
sad aspect of this relationship is the affront that State and institutional
legislation suffers in the light of religious activism.
Remarkably,
citizens disobey the state when they become disappointed in the system.
Hagopian (1974:69) opined “relative deprivation manifests in the gap between
expectations and capabilities”. In line with the above, citizens disobey the
state when their expectations are not met.
Strategies for disobeying
the State
What does it mean to be a
‘good citizen’? Should we care about being good citizens? When might we
legitimately disobey the law and what forms might that disobedience take? Can
political violence ever be justified? The strategies for disobeying the state can
be both violent and non-violent.
Violent disobedience is
an open affront on the state and its coercive machinery – the police, the army
and other security apparatuses. It may take the form of rioting, vandalism, and
physical harm to persons and revolution. Violent disobedience may be
spontaneous or well planned. It is the refusal to obey civil laws in an effort
to induce change in governmental policy or legislation, characterized by the
use of proactive resistance or other violent means. It can also be explained as
encompassing the active refusal to obey certain laws, demands and commands of a
government by resorting to physical violence.
On the other hand, civil disobedience can
be explained as deliberate disobedience of the law out of obedience to a higher
authority such as religion, morality or an environmentalist ethic. It is the
refusal to obey civil laws in an effort to induce change in governmental policy
or legislation, characterized by the use of passive resistance or other
nonviolent means. It can also be explained as encompassing the active refusal
to obey certain laws, demands and commands of the State without resorting to
physical violence. The philosophy behind civil disobedience goes back to
classical and biblical sources. Perhaps its most influential exposition can be
found in Henry David Thoreau’s On the Duty of Civil Disobedience (1849),
in which he claims that the individual, who grants the state its power in the
first place, must follow the dictates of conscience in opposing unjust laws. Thoreau's
work had an enormous impact on Mohandas Gandhi and the techniques that he
employed first to secure independence for India.
Meir (2000:34) explained
that civil disobedience has existed in various forms for as long as people have
lived in organized societies governed by the rule of law. According to him, its
primary purpose is usually to change the law or society's views on a particular
issue. He further stated that it is a public action intended to have a
political effect. According to him, civil disobedience can be defined by
certain criteria:
* It is employed only after other means have failed.
* It is non-violent.
* It is undertaken openly.
* Its participants are willing to submit to prosecution and punishment for
breaking the
law.
* It is aimed at publicizing and challenging injustice.
* It is not employed for coercive or intimidating reasons.
* It is carried out by peaceful marches, violating an obnoxious law, protesting
an unjust condition, public rallies, sit-in demonstrations, strikes, temporary
occupation, boycotts, and many other non-violent expression of grievances
against the state.
Civil disobedience is
seen as morally justifiable if it contributes to the social good and is
performed by someone who is well intentioned and well informed. Reasoned and
thoughtful resistance through civil disobedience can often serve as a check on
the political system and prevent serious departures from justice.
Those who engage in civil
disobedience should choose tactics that are as non-violent as possible,
consonant with the effectiveness of their protest and the importance of the
issue. There must be a reasonable relationship between the degree of disorder
and the significance of the issue at stake.
Monarchy: The monarchy
has been the earliest form of government making for a degree of participation.
It is government by one individual not subject to any legal limitations, as the
monarchy “does everything according to his own will” (Appadorai 1960:131). This
is a form of government in which one person has the hereditary right to rule as
head of state during his or her lifetime; the term is also applied to the state
so governed. The power of the monarch varies from absolute to very limited; the
latter is exemplified in modern-day constitutional monarchies. Monarchs include
such rulers as Kings and Queens, Emperors and Empresses, Tsars, Oba’s, Emirs
and Obis.
Throughout history many
monarchs have wielded absolute power, sometimes based on their presumed
divinity. In ancient Egypt, for example, the Pharaoh was deified, as were
certain oriental rulers. By the Middle Ages the monarchical system of
government had spread over Europe, often based on the need for a strong ruler
who could raise and command military forces to defend the country. European
monarchies as well as their African counterparts were often dynastic, with the
throne usually being passed on to the eldest son or nearest male descendant.
The essence of monarchy
is the personification of the majesty and sovereignty of the State in an
individual. A common issue in monarchy is that the substance of power is not
with the citizens, except in few cases like the constitutional monarchy of
Britain, which is much the same in principle as a democratic government.
Theocracy: (Greek
theokratia, “government by a god”), this is a form of Government in a polity or
a country in which God is regarded as the sole sovereign and the laws of the
realm are seen as divine commands. By extension a theocracy is a country in
which control is in the hands of the clergy. The typical example of a theocracy
is that established by the Hebrew lawgiver Moses. Later attempts to found
theocratic societies were made by the French theologian John Calvin and the
English soldier-statesman Oliver Cromwell. The caliphate, in Muslim
communities, was a theocracy. The rule of the Ayatollah Ruhollah Khomeini in
Iran is an example of a theocratic government in modern times.
Aristocracy: Aristocracy
is literally ‘government by the best citizens’. According to Karl Deutsch
(1980:57) “a State governed by the best men, upon the most virtuous principles,
has alone a right to be called an aristocracy”. Its principle is virtue, hinged
upon the moral and intellectual superiority of the ruling class.
The distinction of
quality, which ought to characterise an aristocracy, may be expressed through
birth (aristocracy of family) culture and education (aristocracy of priests and
scholars), age (aristocracy of elders), military distinction (aristocracy of
knights), or property (aristocracy of landowners) (Preston, 1977:88).
In theory, aristocracy
stresses quality as against quantity because it gives the community a ruling
class, who inherit and bequeath to their posterity high traditions of public
service, and who can be trusted to administer public affairs with complete
personal integrity and honour. Nevertheless, aristocracies are conservative and
in most cases they degenerate into oligarchies, that is, the selfish rule of
the wealthy few, under which the privilege and exclusiveness of the few are
used for the oppression of the common people who invariably are in the
majority.
Democracy: Democracy
stresses the principle of numerical equality. It asserts, as against monarchy
or aristocracy, that the mere fact of free birth is sufficient to constitute a
claim to a share in political power.
Abraham Lincoln, a former President of the United States of America
stated what have become the simplest and arguably the most popular definition
of the concept. “Government of the people, by the people and for the people”.
However, the existing party and electoral system in Nigeria to all intents and
purposes reflects a re-definition of Lincoln's view in the sense that democracy
is pursued as nothing other than:
government 'off ' the people, ' buy ' the people and ' force ' the
people. Apart from the above, Reo
Christenson, et.al. (1973:1979) conceives democracy as a “Political system in
which the people voluntarily consent to and are major participants in their
government”.
However, a preponderance
of the literature defines democracy in relation to its basic features: popular participation in the decision making
process, open and fair competition within firmly and generally accepted rules
of the game and a normative dimension that consists of the acceptance of
majority rule, respect for the rule of law, protection of individual and
minority rights and the safeguard of the interests of disadvantaged group.
(Mimiko, 1995:1),
Democracy allows the
majority to determine the direction of things, and accepts the rationality of
the people in making decisions that affect them. It allows the majority to
choose their leaders and decide when to change such leaders, the fundamental
principles of democracy being freedom of the individual, popular sovereignty,
human equality, majority rule and the principle of government by consent and
contract.
In modern States, the
clear expression of democracy is found in the equal rights of all normal adults
to vote and to contest election; periodic elections; freedom of speech,
publication, and association, public accountability rather than in specific
institutional forms.
Military Rule: In the
later half of the last century (1900-2000), the incidence of military
intervention in politics, especially in the developing countries of Africa,
Asia and Latin America, soared to an unimaginable proportion. The situation was
so terrible that LaPalombara (1974:392) concluded that “coups--- are now the
dominant form of political power transfer’ in these societies. The military
takes over power through coup detat. Mark Hagopian (1974:3) presents it as “the
sudden and drastic overturning of the existing structure of institutional power
in favour of a particular group”.
Certain dangers are
inherent in military rule. As it is usually stated, military rule is an
aberration simply because the military is not trained for civil governance. The
moment the military abandons its constitutional role of defending the State
against internal and external attacks for the exercise of political power, its
professionalism gets destroyed. Apart from the loss of professionalism,
democratic values are destroyed because the military by nature and orientation
cannot nurture the democratic spirit. Also, military rule distort the planning
and execution of state policies as the military and its apologists prefer to
execute policies that are of instant personal benefit to them rather than the
ones that have long term benefits for the State. In contemporary times, especially since the
end of Cold War, any country under military rule is perceived as a pariah state
and denied the respect accorded to other States in the international system.
It may be difficult to
exhaust all the reasons responsible for military involvement in politics. What
we have done here therefore is to highlight some of the most important reasons
that had prompted the Nigerian military to intervene in the country’s political
process.
Bad leadership: It is
often said that the only way a coup d’etat can be stopped in Nigeria is through
good leadership by the civilian leader. This is true to a large extent, since,
what all ambitious soldiers wait for before they execute their coups is
evidence that an incumbent civilian government is not ruling to the
satisfaction of the majority of Nigerians. The issue of bad leadership has been
a reason cited by all past coupists in Nigeria as constituting the basis of
their action.
Political intolerance:
One significant thing that has always accompanied the Nigerian political system
is the high level of political intolerance amongst politicians. It is a
zero-sum system in which the winner takes all, and the loser losses everything.
This has brought about a great deal of intolerance that has manifested as the
ruling government desire to damage the opposition, such that it would not
constitute a credible alternative in the next round of election. Meanwhile, the
party in opposition, or elements within it, does not hesitate to encourage the
military to step back into power by overthrowing the ruling party.
Corruption: This is
another reason usually advanced by the military as constituting the basis for
their action. It is usually claimed that the level of corruption which the
civil political administration perpetrates is too high to allow any form of
development for the nation.
Politicisation of the
military: When the military is exposed to civil life and duties, it tends to
get easily corrupted in its values. Soldiers also get away with the impression that
without them, the civil political leadership has no chance of remaining in
office. This is why they had invariably turned to the civil leadership
immediately after bringing such civil disturbances under control.
Economic difficulties:
Soldiers tend to intervene in government during periods of economic crises.
They usually blame the previous government for economic mismanagement and
invariably make promises upon asuuming power to correct prevailing policy
mistakes.
Ethnicity: A country may
be ethnically polarised to such an extent that each ethnic group will be
striving to gain some advantage by encouraging its soldiers to take over
government through coup d’etat. Thus invariably the Armed Forces of a country
that is characterized by strong ethnic distrust get polarized along ethnic
lines. Nigeria’s case along this line is not an exemption.
Personal Ambition: Some
soldiers are so ambitious that whatever the existing government does or fails
to do, will not stop them to execute a coup d’etat in order to occupy political
offices.
Contagion Effect: The
history of coup d’etat in Africa has shown that as soon as a coup succeeds in a
country, soldiers in other countries get encouraged to carry out their own
coups.
Political Parties:
Political parties constitute an important feature of modern government in that
they are a veritable tool for citizen’s participation in the government and
politics of any State. Nnoli (1986:140) opined, “political party is a group of
people who share a common conception of how and why State power should be
organised and used”. Of paramount importance to political party is the desire
to gain, maintain and control power in order to effectively carry out public
policy. Indeed this is what distinguishes
political parties from pressure groups.
Although, the
classification of parties vary from Democratic parties; Mass Parties,
Ideological Parties, Elitist parties and Pragmatic parties, e.t.c. the common
function of interest aggregation and articulation, leadership recruitment;
political education; mobilisation and organisation of government, which they
perform, make them to be the most important agency for the growth and
development of democracy.
Across the globe, party
systems are usually categorised based on numerical basis. The three most prominent systems are the
one-party system (a situation in which
only one party is constitutionally permitted to exist and run government); the
two-party system (the existence of two parties); and the multi-party system
(where more than two recognised political parties are in existence).
There is always a linkage
between the government and diverse groups in the State for effective
communication between the governed and the government. This is essential for
the purpose of peace and cohesion. Although, a State may co-ordinate the
dynamics of power on its people through force, issuing decrees and compelling
the people by force to obey them, this does not however, in the long run lead
to stability. For unless a government is
pursuing policies, which are acceptable to its citizens, the latter sooner or
later reaches such a pitch of resentment that they rise against the former in a
revolution. There is therefore the need
for an input from the citizenry if the stability of the State is to be
guaranteed and this is only possible through extensive political participation.
Pressure Groups: Pressure
groups exert pressures on those who have the responsibility for making
decisions on behalf of a community. Pressures are brought to bear on decision
makers either to prevent the raising of issues that affects a pressure group or
to take decisions favourable to that pressure group.
The decision not to raise
an issue is by itself decision making. Groups that come together to exert
pressure do so not only to influence public decision making and institutions
but also private decisions and institutions. In general, pressure groups come
into being to enhance or protect the interests of their members or groups. On
many occasions, pressure groups are also called interest groups.
There are four types of
pressure groups. These are:
Associational-pressure
groups to which people belong out of their free will so as to protect certain
interests. Sometimes people are compelled to join, examples of associational
pressure groups are the Nigerian Bar Association, Market Women association.
Non-associational
pressure groups in which people become members because they were born into the
association. Examples include Yoruba, Hausa, Igbo, Edo, Itsekiri, Tiv, e.t.c
Institutional pressure
groups which exist to protect the interests of important institutions within
the society. A good example is the group of local government workers who lobby
to get increased revenue from the federation account- the account in which all
moneys to be shared by all levels of government are deposited and shared.
Pensioners can protect their interest by lobbying the government for an
increased pension.
Anomic pressure groups
emerge spontaneously in response to an issue. After that issue is sorted out
the group disperses. Demonstrators, mobs, rioters are good examples of this
type of pressure group.
Functions of Pressure
Groups
They serve as important
avenues for individuals to realize set objectives
They improve the
political education and political consciousness of citizens.
They make very important
impact on the policy process through influencing public policies. By this the
quality of decisions improves.
They bring together
disparate individual interests into a manageable form. This is what is referred
to as interest articulations.
Modes of Operation of
Pressure Group
Various methods are
employed by pressure groups to achieve their objectives, these include:-
Lobbying
Manipulation of public
opinion
Electioneering campaigns
Civil disobedience
Striking and Boycotts
Public demonstrations
Violence
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