National Daily

Setting a new agenda for credible governance in Nigeria (II)

Being a lecture delivered by Governor Babatude Raji Fashola of Lagos State at the maiden 2008 Annual Democracy Day Lecture organized by the Lagos State Council of the Nigeria Union of Journalists (NUJ) on June 12, 2008, in Lagos.

THE above and other provisions of the FODPSP outline the political, economic, social, educational and foreign policy objectives of the Nigerian State. These capture the duties and the obligations of the government to the governed. The inability or failure on the part of any Government to perform the duties and obligations inevitably creates a credibility problem for that Government. The obligations of government with respect to FODPSP is not diminished by the provisions of section 6(6)(c) which precludes the exercise of judicial powers with respect to FODPSP. This is because the non-justiciability of the provisions of FODPSP is except as otherwise provided by the Constitution. Other provisions of the Constitution may empower the Courts to judicially enforce FODPSP.

Let me illustrate the point being made by reference to the case of Attorney General of Ondo State v. Attorney General of the Federation & Ors [2002] 27 WRN 1. In that case the Supreme Court judicially enforced the provisions of section 15(5) which empowers the State to abolish corrupt practices and abuse of office. The Court construed section 15(5) of FODPSP with item 60 on the Exclusive Legislative List to sustain the constitutional validity of the Independent Corrupt Practices and Other Related Offences Act. The implication of the decision is that other provisions of the Constitution may enable a court to judicially enforce the provisions of FODPSP. Another example is the provisions of the Constitution establishing INEC and dealing with the conduct of elections. These are provisions which strengthen the right of the people to participate in Government as stated in section 14(2(c). I shall return to the issue of election later in the course of this lecture.

The constitutional foundations of the social contract theory explain the basis of the expectation of the governed for a Government that is committed to providing for their security and welfare. Where any Government consistently fails to perform its constitutional obligations the people become dissatisfied and this creates credibility problems for the Government. I shall now examine the factors that have contributed towards the creation of credibility problems that we have experienced in Nigeria.
Between Politicking and Governance: Promises versus Performance

If credible governance as demonstrated above could prove so decisive to the fate of unelected military regimes, it is of even more vital importance to the sustenance of democratically elected governments. After all, a military regime, even when it makes specific promises to gain legitimacy, attains and sustains power essentially through brute force. It does not wield power at the will of the people and is therefore not duty bound to reflect the popular will in its decisions and actions. The defining characteristic of a democratically elected government, on the other hand, is that it assumes power at the pleasure of the majority of the electorate voting in transparent and credible elections. A democratically elected government can only remain in power for as long as it enjoys enough credibility to continue to win majority of legitimate votes cast in periodic elections as constitutionally prescribed.

A democratic system of government must pass the credibility test on at least two levels. First is the credibility of the government in power at a particular time in terms of its capacity to retain the confidence of the people through fulfilling the electoral promises that earned it the popular mandate. I will explore this level of credibility at some length in this section. The second level of credibility, which we will examine in the next section, is the integrity of the electoral process and its capacity to ensure that governments assume and retain power only in accordance with the majority will expressed in free and fair elections.

In a liberal democratic political system, a government emerges through competitive elections at which contending political parties market their manifestos to the electorate. It is through the competition of alternative ideas and policy options in the political market place that political parties perform their functions of interest aggregation, policy articulation, political education and social mobilization of the populace. A definite social contract is thus entered into between a government that emerges through the popular vote and the people. In exchange for the mandate conferred on it on trust by the people, the government is bound to fulfill its electoral promises. The degree of success with which it does this will be a critical determinant of its triumph or failure in future elections.

This is why in developed democracies, election campaigns are not frivolous events; they are taken very seriously. Indeed, campaigns constitute one of the most important elements of the democratic process. They provide the opportunity for candidates and parties vying for office to convince the electorate of the superiority of their ideas and policy prescriptions while punching holes in those of their competitors for power.

In the ongoing intra and inter party competition for the forthcoming US Presidential election, for instance, we can see the seriousness attached by political office contenders to pertinent domestic and foreign policy issues. Campaigns in developed democracies involve very hard and painstaking work. Candidates and Political Parties undertake detailed and meticulous research to present informed policy options before a knowledgeable, sophisticated and discerning audience. In such an environment, rash and unrealistic promises can become serious electoral liabilities. Even unfair criticisms of opposing candidates or parties just to score cheap partisan points very often backfire. A clear distinction is thus made between the liberties associated with politicking and the objective realities of governance.

In a developing democracy like ours, it is quite understandable that the line between politicking and governance is very blurred. All too often contenders for political office engage in rabble rousing presenting the electorate with outlandish and clearly unrealistic promises rather than informed choices. There are at least two major equally dangerous tendencies that must be discouraged in electoral campaigns as our democratic culture takes firmer root. First, is the case of political parties and candidates who succeed at the polls without presenting the electorate with tangible, concrete, measurable and specific policy options with which their performance in office can be objectively assessed. Such governments can certainly not be sufficiently motivated to perform superlatively as they are under no pressure to meet set targets within specified time frames. Their lack luster performance will most likely result in widespread disenchantment among the populace and widen the credibility gap between the government and the governed.

The second unhealthy tendency is when candidates and political parties inordinately raise the expectation of the electorate through promises that they lack either the resources or capacity to implement once they get into office. The resultant wide gulf between promises and performance will create a credibility crisis both for the government specifically and the democratic system as a whole. I believe strongly that it is the responsibility of the media to help set and maintain higher standards for future electoral campaigns in the best interest of Nigeria's democracy. More avenues should be created to enable the electorate assess the knowledge and suitability of candidates for public office. In the same vein, the media should, as a matter of public service, undertake massive public enlightenment of the electorate to acquaint them with the real issues at stake in the election and empower them to make rational choices at the polls.

There is no doubt that as the foundation of democracy in Nigeria is strengthened, the electorate will become more discerning and less vulnerable to cynical political manipulation by opportunists who have no genuine interest in public service. It is instructive, for instance, that one and a half decades ago, the nationally televised debate on issues between the Presidential candidates of the SDP and NRC played a role, no matter how negligible, in the outcome of that year's presidential election. And in the last 2007 governorship elections in Lagos State, the candidates were subjected to at least 7 (seven) debates of which 3 (three) were major rigorous televised live debates that assisted the electorate in making informed choices.

This certainly is the way to go for the future. Just like in the United States and other developed democracies, candidates for elective office at all levels must be prepared to go through a grueling and intellectually challenging process of convincing the electorate of their preparedness for the job. The benefit of this demanding sifting process is that at the end of the day whoever gets elected into public office will have demonstrated a minimum level of competence and performance beneath which he or she is unlikely to drop.

Indeed, when one looks at the Local Government elections which are impending, one cannot over emphasize the level of communal scrutiny that would be necessary in the process of electing the political leadership of the level of government most close to the people and most impactful on their lives.

It is important that I should point out that there have been some remarkable instances of fulfillment of electoral promises and pledges in Nigeria's short political democratic history. In the first republic the people in the then Western Region of Nigeria were beneficiaries of the fulfillment of the electoral pledge of free education by the Chief Obafemi Awolowo led Action Group. Similar electoral promises were fulfilled in the Second Republic by the Unity Party of Nigeria led by the same Chief Obafemi Awolowo. The people of the old Western Region and the States ruled by the Unity Party of Nigeria had the fortune of sending their children to school for free with books and school materials provided by the Government. Many Nigerians in exalted position today benefited from this unique fulfillment of electoral pledges. We have also had the fortune in Lagos State of being blessed with political leaders in the mould of Chief Obafemi Awolowo who have fulfilled promises made to electorates.