Nigeria: Governance & Policy-Making A market in Abuja: almost as colorful as Nigeria s government AP Comparative Government J.F. Walters 2005
Organization of the 4th Republic Federal republic Current government based on 1999 modifications of the 1979 constitution Comprised of 36 states and 774 local governments Federal Character : Federal system adopted as a way to balance various ethnic, religious, regional and linguistic differences (social cleavages). In some cases it has worked, while in other ways the federal character has intensified divisions. English official language of Nigeria US-style presidential system with strong executive President is both Head of State & Head of Government Strong executive: the President President theoretically checked by system of checks and balances: a bicameral legislature and an independent judiciary
Organization of the 4th Republic: The Federal Executive President Idea of a strong, directly-elected President intended to be a unifying factor in Nigeria President Obasanjo (1999- ): sought to remove the military from politics. Shortly after the 1999 election, he retired over 90 senior military officials (ones he viewed as likely candidates to lead coups) Current President Double O
Organization of the 4th Republic: The Federal Executive Presidential Elections Presidential candidate basic criteria Citizen by birth; at least 40-years-old Member of a political party and is sponsored by a political party Has attainted at least School Certificate level (or equivalent) of education Presidential election basics Elected by popular election Election criteria established to bolster legitimacy given ethnic, religious & regional cleavages in Nigeria (see next slide)
Organization of the 4th Republic: The Federal Executive Presidential election winner guidelines Election with one candidate only Candidate has a majority of YES votes over NO votes cast at the election; and Candidate has not less than 1/4 of the votes cast at the election in each of at least 2/3 of all the States in the Federation and the Federal Capital Territory, Abuja Election with two candidates Candidate has the majority of votes cast at the election; and Candidate has not less than 1/4 of the votes cast at the election in each of at least 2/3 of all the States in the Federation and the Federal Capital Territory, Abuja Election with more than two candidates Has the highest number of votes cast at the election Candidate has not less than 1/4 of the votes cast at the election in each of at least 2/3 of all the States in the Federation and the Federal Capital Territory, Abuja
Organization of the 4th Republic: The States Nigeria s 35 states & the federal district of Abuja (36 total) Freedomhouse.org
Organization of the 4th Republic: The Federal Executive Bush & Obasanjo at a 2003 summit President Powers Head of State Head of Government Commander-in-Chief of the Military Chief diplomat in foreign policy Nominates Federal Executive Council (cabinet ) Ministers must be confirmed by Senate President serves as Chairman of Federal Executive Council Not a member of National Assembly, but may attend any session to deliver an address on major issues or make a statement on important policy Appoints judges on Supreme Court
Organization of the 4th Republic: The Federal Executive Current V-P Atiku Abubakar Vice President Assists the President Nominated by President as his running mate in election campaign and automatically becomes vice president if running mate wins presidential election Assumes the office of the President if the President vacates the office prior to end of term (death, resignation, impeachment) Federal Executive Council (Cabinet) Nominated by President Approved by Senate Constitution requires President to appoint ministers from all 36 states ( federal character concept)
Organization of the 4th Republic: The Federal Judiciary Abacha s military courts did not smile down upon Saro-Wiwa Judicial Traditions & Change (pre-4th Republic) Judiciary traditionally independent and citizens could bring cases against the government and expect a judicial decision based on the merit of the case (rule of law) Military governments slowly eroded the independence of the judiciary (1983-1998) Disallowed judicial review of military decrees Intimidation of judges and court officials Creation of military courts that challenged civil decisions Military dictatorships stacked civil courts with military stooges Good example of court lacking independence: Execution of Ken Saro-Wiwa (1995)
Organization of the 4th Republic: The Federal Judiciary Courts since 1999: Gaining independence Since the return to civilian rule in 1999, courts are operating more independently Nigeria s Supreme Court has re-emerged as a major player in political development Judges appointed by President Federal courts more powerful than state and local courts (see next slide) The Supreme Court building in Abuja: back in action
Organization of the 4th Republic: The State Judiciaries State Judiciary overview Subordinate to federal courts and must abide by decisions handed down from federal courts Supreme Court Federal Court of Appeals State courts based on English Common Law tradition Shari a law in northern states with large Muslim population With advent of Fourth Republic democracy, 12 of Nigeria s states established a parallel court system based on shari a law (divine law based on the Qur an and the teachings of Mohammad) Applies only to Muslims Christians in north overwhelmingly oppose Shari a law Some shari a law crimes have harsh punishments (incredibly controversial) Amputation for stealing Death by stoning for adultery See case of Amina Lawal in Nigeria in Transition presentation
Policy-Making: Prebendalism Prebendalism Patterns of political behavior that rest on the justification that official state offices should be competed for and then utilized for the personal benefits of officeholders as well as their support or clients. Thus, prebendal politics is sustained by the existence of patron-client networks. Nigeria s military leaders have often put personal and ethnic ambitions over national interests (although military leaders claimed to represent national interests) Oil wealth lavished on friends (corruption!) Establishment of loyalty pyramids where money and support were organized. The top of the pyramids led by what Nigerians call big men. (example: Abacha Boys Abacha s friends who benefited from illegal distribution of Nigeria s oil wealth) Big Men often sit in the National Assembly Obasanjo s reforms: Obasanjo has tried to limit the influence of prebendalism as he attempts to establish a law-based society, but his reform initiatives have been frustrated by the Big Men in the National Assembly.
Bibliography Books Comparative Politics Today: A World View, Gabriel A. Almond, et. al. (New York: Longman, 2003), 7th Edition. Introduction to Comparative Politics, Mark Kesselman, et. al. (Boston, MA: Houghton Mifflin, 2000), 2nd Edition. News Publications The Economist The New York Times Television & On-Line News Media/Resources BBC World News ABC News BBCnews.com Economist.com Google.com Nigeria-law.org Last updated: 16-December-05