How not to end bad governance in a democracy

There is no doubt that there is hardship in the land which did not just start last year. Hardship has been a constant decimal in Nigeria since the military coup of 1966. On Tuesday, July 30, 2024, a human rights group applied, through its solicitors, to the Inspector General of Police, to have public meetings, rallies and processions in Abuja, Lagos, Benin, Bauch, Ibadan, Yobe, Rivers and Osogbo. Though Kano in Kano State, Zaria in Kaduna State and Maiduguri in Borno State were not listed by the group, the protest actually took place in those states, organised by other human rights groups. The way and manner the protests, which were supposed to be peaceful rallies and processions, turned into riot and looting-spree in Kano, Kaduna and Maiduguri suggested that the protests in these places were not well organised. The organisers of the demonstration which was themed “10 Days of Rage” demanded that there should be a cut in the size of government, a return of petrol subsidy regime, food security, fiscal discipline among others.

In Kano State, the #EndBadGovernance protest, which started on August 1, 2024, resulted in the killing of many protesters allegedly by security operatives. During the protest in Kano, hoodlums attacked, damaged and looted public and private properties including the newly constructed Nigeria Communications Commission (NCC) Industrial Park, part of which was also set ablaze. The Police Command in Kano said about 269 suspects have been arrested for their roles in the looting, damaging and torching of public properties. In Bauchi Road, Jos North, Plateau State, one person was killed after some youths attacked businesses with the intention to loot and injure the shop owners. In Rivers State, the protesters stormed the residence of the minister of Federal Capital Territory (FCT), Nyesom Wike, along Ada George Road, Port Harcourt, forcing motorists to carry leaves in their support. They also forced traders to close shop. Economists and financial experts had predicted that not less than N300 billion would be lost to the “riots” if allowed to last ten days.

The 1999 constitution of the Federal Republic of Nigeria, in Chapter 2, Section 14, provides that: “The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice.” Subsection (c) states that “the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.” Democracy is a system of government by all eligible members of a state through elected representatives. In democracy, the majority of the people will have their way; the minority will have their say; while everybody will have their pay. The leader that emerges through simple or conditional majority must make sure that all, including those that did not vote for him, will participate in his government. What this means is that no matter how unpopular a leader and his entire administration can become, he and his entire team can be removed through election or impeachment by the National Assembly according to Chapter 6, Part 1, Section 143 of the 1999 constitution of Nigeria.

It is incivility for anybody or a group of people in a country to think of ending bad governance through protest, riot or war. “End bad governance” is not the right theme to protest about bad governance. “We say no to bad governance” is better. Though “Good Governance” is defined as the process of measuring how public institutions conduct public affairs, manage public resources and guarantee the realisation of human rights in a manner essentially free of abuse and corruption and with due regard for the rule of law, it is also relative and cultural. Good governance is the act of public institutions meeting the objectives of the constitution of a nation. For example, the two major objectives of the 1999 constitution of Nigeria are security and welfare of the people. Chapter 2 Subsection 2 of the constitution says: ”It is hereby, accordingly, declared that: (a) sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority. (b) the security and welfare of the people shall be the primary purpose of government;” etc. Good governance must therefore, ensure these two objectives of ‘security’ and ‘welfare of the people are met.

While there is no internationally agreed definition of ‘good governance’, generally it covers such aspects of human life as: full respect for human rights, the rule of law, effective participation, multi-actor partnerships, political pluralism, transparent and accountable processes and institutions, an efficient and effective public sector, legitimacy, access to knowledge, information and education, political empowerment of people, equity, sustainability, and attitudes and values that foster responsibility, solidarity and tolerance. According to the United Nations Organisation (UNO), Good Governance is measured by the eight factors of Participation, Rule of Law, Transparency, Responsiveness, Consensus Oriented, Equity and Inclusiveness, Effectiveness and Efficiency, and Accountability. A good leader who wants to practise good governance must ensure that the government is participatory and that there is enforcement of laws to ensure peace, fairness and justice.

Where there is no good governance or where some people (either all, majority or minority) feel governance is bad, the only option they have is to protest and not to riot. This is based on the provision of Section 40 of the 1999 constitution, which provides that: “Every person shall be entitled to assemble freely and associate with other persons and he may form or belong to any political party, trade union or any other association for the protection of his interests”. The only restriction on and derogation from peaceful assembly of people is in section 45 of the constitution. Section 45 of the 1999 constitution states that: (1) “Nothing in section 40 of this constitution shall invalidate any law that is reasonably justifiable in a democratic society in the interest of defence, public safety, public order (peaceful co-existence), public morality or public health of the people of Nigeria.”

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