Governance in Nigeria post-1999: Revisiting the democratic ‘new dawn’ of the Fourth Republic

U04171136

Description

At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emergence of a new democratic future representing a significant break from the political undulations of the past. Two decades and four presidential epochs later, there is a prevalent question as to how well Nigeria has fared in governance and human rights post-1999. This book revisits the democratic ‘new dawn’ of the Fourth Republic discussing pertinent matters integral to Nigeria’s democratic future post-2019.

Sujets

• Economie
• développement
• Politics
• Relations internationales
• Développement
• Géopolitique

Informations

• Publié par: PULP (Pretoria University Law Press)
• Date de parution: 01 janvier 2019
• Nombre de lectures: 0
• EAN13: 9781920538811
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

Governance in Nigeria post-1999: Revisiting the democratic ‘new dawn’ of the Fourth Republic

edited by Romola Adeola Ademola Oluborode Jegede

2019

Governance in Nigeria post-1999: Revisiting the democratic ‘new dawn’ of the Fourth Republic

Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. This book was peer reviewed prior to publication.

For more information on PULP, see www.pulp.up.ac.za

Printed and bound by: Pinetown Printers, South Africa

To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: [phone] Fax: [phone] [e-mail] www.pulp.up.ac.za

Cover design: Marguerite Hartzenberg, Active Space Designs

ISBN: 978-1-920538-81-1

© 2019

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TABLE OF CONTENTS

PREFACE ACKNOWLEDGMENT CONTRIBUTORS

Governance in Nigeria post-1999: Revisiting the democratic ‘new dawn’ of the Fourth Republic Romola Adeola & Ademola Oluborode Jegede 1 Introduction PART I: Cross-cutting perspectives PART II: Governance PART III: Human rights protection PART IV: Comparative experiences and lessons

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PART I: CROSS-CUTTING PERSPECTIVES Democratic governance and human rights protection 2 from 1999-2019: Obasanjo, Yar’Adua, Jonathan and Buhari’s Nigeria9 Romola Adeola 1 Introduction 9 2 Democratic governance and human rights protection during the Obasanjo era 10 3 Democratic governance and human rights protection during the Yar’Adua era 13 4 Democratic governance and human rights protection during the Jonathan era 15 5 Democratic governance and human rights protection during the Buhari era 17 6 The future ahead from the past 21 7 Conclusion 22 ‘A mythical of revival and survival’: 3 Deconstructing women’s political participation in post-1999 Nigeria24 Kennedy Kariseb & Iruebafa Lily Oyakhirome 1 Introduction 24 2 The legal context and contours of women’s political rights 26 3 Domestic and regional legal frame work for women’s political participation in Nigeria 30 4 The status of women within the political and 5 Challenges for women’s political emancipation in post-1999 Nigeria 39 6 Conclusion 42

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PART II: GOVERNANCE Federalism under the 1999 Constitution: The 4 challenge of restructuring and democratic legitimacy43 Osy Ezechukwunyere Nwebo 1 Introduction 43 2 The concept of federalism: approaches and definitions 44 3 Evolution of federalism in Nigeria 47 4 Federal structure under 1999 Constitution 49 5 Examining the legitimacy of Nigeria’s 1999 Federal Constitution 51 6 Restructuring and renegotiation of the basis for Nigerian federalism 55 7 The role of the legislature and other critical stakeholders 60 8 Conclusion 61 Tracking and reporting political finance in Nigeria64 5 Antonia Taiye Okoosi-Simbine & Dhikru Adewale Yagboyaju 1 Introduction 64 2 Definitional, conceptual and theoretical issues 65 3 Political finance regulations in Nigeria and the role of INEC 74 4 Challenges of monitoring, tracking and reporting political finance 76 5 International best practices in regulating political finance 79 6 Conclusion 81

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Resolving Biafra post-1999: How should we look back to reach forward?83 Romola Adeola 1 Introduction 83 2 The ‘Biafran’ question: How did we get here? 85 3 Biafra post-1999: How should we reach forward? 94 4 Conclusion 96

Democratising the governance of energy in Nigeria – Flawed or pragmatic?97 Morakinyo Adedayo Ayoade 1 Introduction 97 2 Evolution of energy sector governance 99 3 Democratising governance of energy architecture 103 4 Prospects for democratising energy reforms 107 5 Conclusion 111

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Energy law and policy in Nigeria with reflection on the International Energy Charter and domestication of the African Charter113 Eghosa Osa Ekhator & Godswill Agbaitoro 1 Introduction 113 2 Current status of energy resources and policy in Nigeria 115 3 Development of the Energy Charter process 117 4 Possible contributions of IEC to Nigeria as a signatory country 119 5 Barriers militating against the successful implementation of the International Energy Charter in Nigeria 124 6 Conclusion 130

Towards the sustenance of democracy in Nigeria: 9 The role of an independent judiciary in elec tions131 Olaniyi Felix Olayinka 1 Introduction 131 2 Democracy 133 3 Judicial review and the attainment of democratic integrity 137 4 Conclusion 144 Restructuring Nigeria’s federalism post-1999: 10 How should Nigeria federate and share resources?145 Romola Adeola, Ademola Oluborode Jegede & Asikia Karibi-Whyte 1 Introduction 145 2 Much ado about restructuring 146 3 Restructuring the federation 148 4 Restructuring resource control and revenue allocation 151 5 Conclusion 153

PART III: HUMAN RIGHTS PROTECTION Protecting human rights through climate change 11 commitments: The case of Nigeria’s nationally-determined contribution155 Oluwatoyin Adejonwo-Osho 1 Introduction 155 2 Climate change impacts on human rights: A case for improved environmental performance in Nigeria 157 3 Nigeria’s NDC: Protecting human rights through climate action 162 4 Conclusion and recommendations 171

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Citizens’ rights approach to the fight against 12 gesgeria: Prospects 1 kleptocracy in Ni and challen72 Akinola Ebunolu Akintayo 1 Introduction 172 2 Brief overview of the successes and challenges of current efforts to tackle kleptocracy in Nigeria 175 3 Citizens’ rights deployable in aid of good governance and accountability 179 4 Law and institutional reforms to fight graft and kleptocracy in Nigeria 189 5 Conclusion 191 Expanding civic space in the interests of rights and 13 democracy in Nigeria193 Stanley Ibe 1 Introduction 193 2 Why states restrict the civic space 194 3 Manifestations of restricting civic space in Nigeria 200 4 Strategies for expanding the civic spaces 204 5 Conclusion 207 Contextualising youth political participation in Nigeria: 14 An assessment of legal norms208 Olutola Olawaye Bamisaye & Osy Ezechukwunyere Nwebo 1 Introduction 208 2 Youth rights to political participation 210 3 Political participation and international human rights law 212 4 Nigeria’s response to its obligations under the African Youth Charter 21 3 5 The return of Nigeria to democracy and youth rights to political participation 215 6 Youth rights to political participation: Lessons from other states 21 6 7 The NotTooYoungtoRun success story and constitutional amendment on eligibility age 218 8 Recommendations and conclusion 220

PART IV: COMPARATIVE EXPERIENCES AND LESSONS The legal protection of internally displaced 15 persons in Nigeria: Challenges, imperatives and comparative lessons222 Romola Adeola 1 Introduction 222 2 Challenges 224 3 Imperatives and comparative lessons 228 4 Conclusion 230

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Gross human rights violations in the context of 16 armed conflict: The cautionary tale that Uganda offers Nigeria231 Emma Lubaale & Ademola Oluborode Jegede 1 Introduction 231 2 The principle of complementarity and the critical role of national proceedings in Nigeria 235 3 The current criminal law framework of Nigeria and accountability for human rights violations committed during the Boko Haram conflict 239 4 Domestic prosecution of international crimes in Uganda: Lessons for Nigeria 244 5 Conclusion 246 Regime change and power alternation as emerging 17 trends in West Africa’s democratic experience: Evidences from Nigeria, Ghana and The Gambia248 Ufiem Maurice Ogbonnaya & Mohammed Saffa Lamin 1 Introduction 248 2 Case studies 250 3 Implications for the future of democracy and governance in West Africa 259 4 Conclusion: Refocusing democracy in West Africa 260

To have and to hold? Assessing Nigeria’s human 18 rights praxis through its relationship with the ECOWAS Community Court of Justice263 Udoka Ndidiamaka Owie & Izevbuwa Kehinde Ikhimiukor 1 Introduction 263 2 Nigeria, ECOWAS and the ECOWAS Court: An institutional assessment 264 3 Nigeria and the ECOWAS Court: A jurisprudential assessment 271 4 Conclusion 283 The South African Constitutional Court’s 19 decision inNkandla: Lessons in accountability for Nigeria285 Ebenezer Durojaye & Adetoun Adebanjo 1 Introduction 285 2 The facts of theNkandlacase 286 3 A review of democratic accountability in Nigeria 289 4 Lessons from South Africa on democratic accountability 292 5 The role of an independent judiciary in addressing endemic corruption 294

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The role of an independent anti-corruption body in addressing corruption 301 Conclusion 304

Selected bibliography306 Books 306 Chapters in books 309 Journal articles 312 Conference, working, occasional, discussion papers and lectures 320 Theses and dissertations 322 Treaties, declarations, resolutions, statutes and policy instruments 322 Recommendations and Action Plans 323 Reports and commentaries 323 Constitutions and legislation 325 Cases 326 Media and other sources 328 Internet sources 334

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PREFACE

In my speech on 29 May 1999, I was emphatic about the importance of a new dawn in Nigeria. This new dawn was a commencement of a future that will set Nigeria on the course of a democratic pedigree. Over the last twenty years, Nigeria’s experimentation with democracy has been mixed. It has resonated with a clarion ring of hope but this has not been without challenges. However, it is notable that Nigeria’s democracy, while having undergone several years of rigorous negotiations, has significantly lived beyond the two-decade mark. While this achievement ought to be celebrated, ensuring that the democratic dawn does not set is much more of an imperative. As such, it is useful to ask: how can the democratic dawn be maintained?

It is useful to ‘de-clog’ governance of vices such as: corruption, disregard for the rule of law, human rights abuses and electoral fraud. De-clogging governance of these practices will require consistent efforts towards ensuring that the law is always respected and practiced not only seen to exist. Moreover, democracy must be inclusive and not marginal. What this implies is that it must be characterised by a consideration of various views and perspectives: pleasant and unpleasant.

It is important that democracy is allowed an active space of expression given that real democracy begins from the consonant rhythms of citizen’s participation. It is also important to recognise that the functionality of a democracy like Nigeria’s is premised on the wheels of diversity and plurality. As with its population, these assets create a space for rich democratic conversations and it must be understood as such by the governance structures. For this purpose, there is a need for the creation of more active citizen space that can foster deliberative governance at various levels of governance.

There also has to be a commitment towards youth participation in governance. It is not enough to acknowledge that Nigeria’s population is heavily comprised of young people, it is also important to ensure that young people are included in the democratic space. Telling young people that they are the leaders of tomorrow, without creating the future today is a ruse that has to be decisively addressed. To this effect, there has to be conscious creation of spaces for young people to participate in the governance of Nigeria. Conscious and deliberate spaces for women equally has to be operationalised.

Moreover, there is a need to affirm commitment towards human rights in practice and not only on paper. While the constitutional provisions are clear and indeed judicial pronouncements abound, it is incumbent upon the other arms of government, particularly the Executive, to see to it that rights are observed and consciously self-evaluate its actions to ensure that they align with the rule of law. however, this self-evaluation is not solely for the Executive. The legislature also has to check itself. If the democratic new dawn will persist in the oasis of Nigeria’s daylight, governance post- 2019 has to be premised on the 1999 Nigerian Constitution and as such, ‘for the purpose of promoting the good government and welfare of all

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persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people.’

H.E. Chief (Dr) Olusegun Obasanjo President of the Federal Republic of Nigeria (1999-2007)

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ACKNOWLEDGMENT

This book is based on contributions from authors who are passionate about the past, present and future of Nigeria. The editors cannot but thank all authors for their timely and impressive commitment, and of course, the reviewers for their time and the insightful comments on each of the manuscripts.

We are grateful for the institutional supports given to the book project by the Centre for Human Rights, University of Pretoria and the Directorate of Research and Innovation, University of Venda. In particular, our singular appreciation goes to the remarkable Director of the Centre for Human Rights, Professor Frans Viljoen for his critical, technical and inspiring comments on the book. It is impossible to successfully execute a project of this nature without some ‘quiet helpers’. Hence, we appreciate Ms Lizette Hermann and Ms Isabeau deMeyer of the Centre for Human Rights for their dedication, patience and kind assistance with the layout, design and other technical details required for the publication of the book.

Finally, special gratitude goes to H.E Chief (Dr) Olusegun Obasanjo, former president of the Republic of Nigeria, for his very kind words and immense support in writing the foreword to the book.

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