REVIEW OF: THE REBIRTH- A VISION FOR NIGERIA

By now, children who grew up in the late 1980s and early 1990s will be tired waiting for the return of a moment of comfort and better life which, according to their parents, existed once.

But, will Nigeria ever experience better life again? Olusola Akinyemi answers this question in his latest book: ‘The Rebirth-A vision for Nigeria,” that the country can get back on its foot again.

The introduction of the 89-page book, mirrors how negative value system, corruption, bad governance, misappropriation of public funds, among other vices, have combined to truncate the several attempts at development - from Vision 2010, to the realisation of yet to come Vision 20:2020, and even lately 2025.

Notwithstanding the impediments, the author through the book spurs the readers on how to project into Nigeria’s future and ways to achieve viable development across board.

The author moves ahead in the eight chapters with issues and solutions to the national discussion.

Probing the past in order to get to where the country is at present, the author delves into the unification of Nigeria. And very obvious in Nigeria’s history, according to him, is the British colonisation experience that started with the emergence of Royal Niger Company, a trading company, UAC, among others, that had far reaching consequences for the regions they traded in then.

Fredrick Lord Lugard’s effort at the amalgamation of the Northern and Southern Protectorates into one country in 1914, and the unification of Nigerians despite their political, cultural, religious and tribal difference, were given the required emphasis.

Citing example with the Gandhi story, he clears the air on how to achieve a true national integration. Upholding a working National Value System because the state of the nation today is partly to the fact that Nigerians have lost touch of the value system. To make progress as a people, the author notes that we need to identify some of the vices that have brought us to where we are today.

The rationale behind the rebirth is the fact that attempts to move the nation forward with a faulty value system have failed in the past.

Paramount to the rebirth is true economic prosperity as independence remains incomplete unless and until it comprises of political, social and economic independence.

Going by Nigeria’s gross domestic product estimated at $273.042 and per capita income of $1.657.292, according to International Monetary Fund, the figures are relatively on the good side, but the author argues that that does not translate to the economic realities in the nation.

The Nigeria that will be embraced by all should be one that empowers many of the 60-70 percent of its population living below the poverty line.

In the present growing insecurity in the country, the author thinks the solution to security challenge is not state police but equipping and addressing the frustration of the Nigerian Police in carrying out their duties.

National database of all citizens and visitors and investment security surveillance equipment and trainings will aid security across the country.

The health of the people has been neglected for long and part of the rebirth is ensuring and sustaining an efficient healthcare system. This will improve productivity and create wealth. But tourism and the culture sector, according to him, should be given the required attention because they support green economy, create jobs, develop skills and encourage peace.

He, however, called on non-governmental organisations in the country to support and partner in development efforts across the country by becoming more professional and efficient.

On a final note, the content of the book is geared towards instilling the spirit and values necessary for the development of the country in every Nigerian.

Title: The Rebirth-A vision for Nigeria

Author: Olusola Akinyemi

Publisher: Bookvine

Page: 89

Reviewer: Obinna Emelike

http://www.businessdayonline.com/New/index.php?option=com_content&view=article&id=48639%3Athe-rebirth-a-vision-for-nigeria&catid=160%3Aart-a-life&Itemid=603

ACTIVE YOUTH PARTICIPATION A PANACEA FOR DEEPENING DEMOCRATIC PROCESSES IN NIGERIA

ACTIVE YOUTH PARTICIPATION A PANACEA FOR DEEPENING DEMOCRATIC PROCESSES IN NIGERIA

I will like to begin with a quotation: “Young people should be at the fore-front of global change and innovation. Empowered, they can be key agents for development and peace. If, however, they are left on society’s margin, all of us will be impoverished. Let us ensure that all young people have every opportunity to participate fully in the lives of their societies”- Kofi Annan, Former UN Secretary General.

A cursory look at Nigeria’s population statistics for instance shows that youth are over 54%. Essentially, Government decisions, laws and policies affect the youth more; activities of democracy have more impact on the youth- in terms of leadership, development programmes, economic empowerment, job creation and security among others. The simple question to ask is that why should the youth not be active in democratic process.

Young people have been identified as having higher propensity to engage in change. In fact, I have often described the youth as the strength of the nation. They possess deep insight into the perception of change in society and the continuity of those changes. One of the most innovative leaders Nigeria has had since independence is Gen. Yakubu Gowon who became a Military Head of State at the age of 32. Records of his achievements in office still speak for itself inclusive of which is the National Youth Service Corps (NYSC) Scheme geared towards fostering national integration after the Civil war.

It is therefore apposite to utilize the strength of the youth. This will be by firstly investing time and resources in them as a mechanism of promoting and influencing democratic process. This is workable through education for re-orientation and redirection of the youthful strength towards nation-building. Youth never lack capacity for intellectual creativity; the question is what is it expended on? Another part to this is that some have ideas on proffering workable solutions to matters of national importance but would rather give-in to the withdrawal syndrome (meaning leaving democratic process to anyone who may not even have any idea and capacity to influence positive change). Education is therefore quintessential.

Furthermore, conferences, symposia, workshops and debates could be organized not just to train or enlighten the youth in their participation on democratic process, but to provide platform for sharing their thoughts and perception to democratic process and influencing societal change. This is one of the objectives of Joseph Initiative.

Also very important is the willingness of the leaders in government and political parties to give opportunity to well-meaning youngsters who are not just interested in talking the talk but also wants to work vigorously in making the society better. The elders need to know that success of the future lie in the youths. More importantly, what is needed is the effort all citizens to change the present picture and to build a healthy society by engaging the youth to expose themselves to the struggle, encouraging them to be leaders of the future, equipping them with knowledge and role they have in society, providing them with the venue to re-double their participation in the lives of their society and developing their knowledge and awareness on the real issues facing the society.

Finally, youth should establish more political and social movements that inspire change as in the western democracies. This will definitely demand the development of initiatives of mobilizing and organizing its own constituents, inside and outside the country and subsequently realised in awareness and action. It is also very essential that political parties, civil society organisations, and others to build a close working relationship with the youth movement to the extent of providing them with material and policy support that can help them to engage meaningfully in the struggle for democracy.

In conclusion, I must state that the youth are currently utilizing the social media platform to participate in democratic process. However, while online advocacy can make point or contribution, physical participation will influence far more and it is to this end that I have discussed the above as a panacea for deepening youth participation in democratic process in Nigeria.

 

Olusola Akinyemi Esq.

President

Joseph Initiative, Lagos

Tel: + 234 (0) 8077726199

Email: Olusola.akins@gmail.com

PUBLIC WELFARE + PRIVATE GAIN

PUBLIC WELFARE + PRIVATE GAIN

Adam Smith (the father of modern economics) in the 17^th century stated that we do not get our daily bread through the kindness of the baker, but rather because the baker needs to make money. Our own interest in eating bread is satisfied through the greed or desire of another person. This is a clear paradox. The object of this piece is to analyse and create a balance between private gain and public interest. It is important to know that there is no sustainable private gain without public interest and vice versa as the absence of either will continually threaten the survival of the other.

Bernard Mandeville in 1705 once claimed that private vices could turn into public benefits. Years later, the editor of Denmark and Norway’s Economic Magazine expressed a common reaction to Mandille’s assertion that public welfare was caused by private vices. In our current reality, these private vices may be described as economic activities, entrepreneurship, leadership, knowledge etc. I have always maintained that the spread of private good is what culminate into real national success. After-all, no nation grows beyond the quality of the people’s lives and their activities.

In his book titled How Rich Countries Got Rich …and Why Poor Countries Stay Poor, Erik S. Reinert stated that the formula for solving this problem and consolidating the theory of market economy as expressed by Milanese economist Pietro Verri: ‘the private interest of each individual, when it coincides with the public interests, is always the safest guarantor of public happiness’. Reinert stated further that the role of the legislator was seen as creating the policies that made sure that individual interests coincided with the public ones.

At this juncture, I will like to do an analysis of the roles of private citizens- individual and corporate persons on the one hand and the public- the Government on the other hand in mutual benefit and overall happiness.

Private vices have been described as economic activities, entrepreneurship, leadership, knowledge etc. We should know that the spirit of dealing in our ventures which is a reflection of our values has effect on the general public interest. An American economist William Baumol once distinguished between productive, unproductive and destructive entrepreneurship. To the extent that we will agree that entrepreneurship operates in an environment of competition and profit making, it should never be at the expense of public good.

In the Law of Contract, there is what we describe as Consideration which is an essential ingredient of every contract. Consideration here simply means value which could be money, goods or services. It is a principle in the law of contract that there must be exchange of consideration i.e. exchange of value. This consideration ought to be exchanged with good faith/intention. Scheming to get more than one is giving or at the expense of any one concerned is a product of bad faith and against public interest.

On leadership, John C. Maxwell once said that leadership is more important than the leader. By this, he meant that the responsibilities and purpose of being a leader is more important than the leader’s personal gain. Leading in the right spirit of leadership will most assuredly put an end to corruption. We should also note that leadership is influence and it is not required that one occupies an office to be a leader. Apparently, there are people who also influence those occupying offices of leadership- they are also leaders as we can reasonably agree.

Ha Joon Chang, a South Korean Development Economist described corruption as a violation of the trust vested by its stakeholders in the holder of offices in any organisation, be it a government, a corporation, a trade union or even an NGO (non-governmental organisation). From this, every leader must live up to the trust vested in him/her by stakeholders. I love the description as it exposes corruption beyond government offices.

Knowledge is essential in public and private good in national development. I have heard of a statement “What you don’t know can hurt you” just as we know that ignorance of a law is no excuse from being caught up with it. Ashraf Ghani, a former Finance Minister in Afghanistan also said at a TED presentation in 2007 on mobilizing capital for state building that the greatest poverty is the poverty of knowledge. Take for instance, an entrepreneur may be doing all to kill competition in his line of business while ignorant of the fact that the future of the industry is in constructive competition. A knowledgeable entrepreneur will understand that killing competition is destructive entrepreneurship, but working more at being the best in the industry in the midst of competition has overall public interest. Really, the interest of entrepreneurs should extend beyond self-enrichment to the creation of national wealth and pride.

A political leader in position with knowledge will know that it is bad leadership to misappropriate funds earmarked for healthcare in the state as this will increase death rate, maternal mortality and infant mortality among others. At the end of his public service, he might not have amassed wealth meant for public good to his or herself but he/she would have enhanced a better society, state or nation.

Before I discuss on public vices for private interest, I should state that when there is a balance in private gain and public interest, not everyone will be rich to afford all the luxuries of life but a larger percentage will live comfortably- a decent apartment, able to afford feeding, afford education, afford healthcare among others. A lot of the things that appear as luxuries will be common experience. For example, an average young and employed graduate or entrepreneur being able drive a brand new Toyota Yaris or Hyundai Accent and living in a decent Mini flat (at least) will not be luxury (possibly through scheme or so).

Ultimately this will create an environment that will encourage creativity and innovation for the future prosperity for the individual and the nation. Ha-Joon Chang in his book Bad Samaritans: The Guilty Secret of Rich Nations and Threat to Global Prosperity said- “countries are poor not because their people are lazy; their people are lazy because they are poor”. There is an undescribable benefit in a level of comfort in achieving progress.

One the role of the public vices in private benefits, I earlier made reference to Reinert’s statement that the role of the legislator was seen as creating the policies that made sure that individual interests coincided with the public ones. The public vices can be interpreted as government policies, laws, programmes, development plans.

People of means naturally have desires for comfort and will do almost anything to achieve this. It is the responsibility of the government to see to it that these desires for comfort or affluence are not against public interest. There is also a class of people, who seem quite helpless on how to achieve comfort for themselves; it is still part of the duties of the government to achieve public welfare and happiness. So the government through laws and policies manage public good. The absence of strategic development plan for economic progress and public interest will create a state of chaos and perpetual disorganization in the society. Whereas, economic growth is a major guarantor of political and social stability.

National development as opposed to private affluence is the real solution to a balanced public welfare and private vices. This is essentially the responsibility of the government. The main factor in national development is resources demanding performance which the government must utilize and manage. Optimal functioning of the government will create an auspicious and regulated environment for private good. When an assessment is to be done on a nation’s level of success, it is the success of the people achieved through the enabling and regulated environment created by the government that will be the subject of assessment.

In conclusion, the people and the government should wake up to take responsibility for the good of one another. This is in view of the fact that there is no sustainable private gain without public welfare and there is no real public welfare without private gain. This is the situation in countries known as economic powers- US, China, U.K., South Korea, Singapore, Japan and others.

Olusola Akinyemi Esq.

President

Joseph Initiative, Lagos.

Tel: +234 80 777 26199

Email: olusola.akins@gmail.com

MAKING CHAPTER II OF THE 1999 CONSTITUTION A PANACEA FOR NATIONAL DEVELOPMENT

MAKING CHAPTER II OF THE 1999 CONSTITUTION A PANACEA FOR NATIONAL DEVELOPMENT (I).

The Fundamental Objectives and Directive Principles of State Policy are contained in Chapter II of the 1999 Constitution (as amended). This Chapter encapsulates provisions covering the duties and responsibilities of the legislature, executive and judicial organs of government and authorities on one part, and the national ethics and duties of citizens on the other part. There is a consensus since the inception of these provisions in the 1979 Constitution till date that these provisions are progressive and if adhered to, will advance the national wellbeing of Nigeria. This has compelled questions on the justiciability of these progressive provisions of the Constitution which is the gamut of this work.

Debate on the constitutional interest and the justiciability of the Fundamental Objectives and Directive Principles of State Policy dates back to the inception of these provisions in the 1979 Constitution. In the report of the Constitution Drafting Committee, the following was stated on these provisions in the Constitution:

By Fundamental Objectives, we refer to the identification of the ultimate objectives of the Nation whilst Directive Principle of State Policy indicates the paths which lead to those objectives. Fundamental Objectives are ideals towards which the Nation is expected to strive whilst Directive Principles lay down the policies which are expected to be pursued in the efforts of the nation to realize the national ideals (Report of the Constitution Drafting Committee, Vol. 1 P.V).

The debate was extensively on whether the issues bothering on the Fundamental Objectives and Directive Principles of State Policy should be included in the Constitution and if so, what should be the permissive extent of its justiciability in the Court.

At the conclusion of the debate with the production of a final draft of the Constitution, provisions of the Fundamental Objective and Directive Principles of State Policy were made non-justiciable. This was contained in Section 6 (6) (c) of the 1979 Constitution viz:

The judicial powers vested in accordance with the foregoing provisions of the section shall not, except as otherwise provided by this Constitution, extend to any issue or question as to whether any act or omission by any authority or person or as to whether any law or judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in Chapter II of this Constitution.

This provision is also replicated in the 1999 Constitution.

In the case of Archbishop Anthony Olubunmi Okogie (Trustee of Roman Catholic Schools) & Ors. v. Attorney General of Lagos State (1981) 1, NCLR 218, the Court stated inter alia that issues relating to Fundamental Objectives and Directive Principles of State Policy must conform to and run as subsidiary to the fundamental rights and that the obligation of the judiciary to observe the provisions of Chapter II or any other statute in such a way that the provisions of the Chapter are observed, but that is subject to the express provision of the Constitution. The Court stated further that the arbiter for any breach of these provisions is the legislature itself or the electorate.

Before discussing the justiciability or otherwise of the Fundamental Objective and Directive Principle of State Policy further, it is imperative to attempt an annotation of  the provisions contained therein. This will facilitate a better understanding of the premise upon which the piece in based.

Fundamental Obligation of the Government

Section 13 of the 1999 Constitution (as amended) states that it shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of the Constitution. Referring to the report of Constitution Drafting Committee stated earlier, this Chapter contains ideals towards which the nation is expected to strive and lay down the policies which are expected to be pursued in the efforts of the nation to realize the national ideals. In other words, the provisions of this Chapter should guide the affairs and performances of the government as constituted by the organs and authorities.

With the foregoing, it becomes easy to measure the performance of the government by adherence to the provisions of Chapter II of the Constitution. For the executive and authorities, it will imply the measure of programmes, projects and policies on the content of these provisions; for the legislatures, laws made and optimal functioning as checks on the issues; and for the judiciary, interpreting and enforcing compliance with the provisions.

The Government and the People

Section 14 (1) states that The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice. Democracy has been referred to as a system of government in which people vote in elections to choose the people who will govern them, Macmillan English Dictionary (2006). Social justice may also be described as the fair and proper administration of laws conforming to the natural laws that all persons, irrespective of ethnic origin, gender, possession, race, religion, e.t.c., are to be treated equally and without prejudice (www.businessdictionary.com). Democracy and social justice in this context therefore mean a nation administered with respect to fairness and value of every person’s choice.

Section 14 (2) (a) declares that sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority. Sovereignty belonging to the people is the hallmark of democracy. This provision establishes the strength of the people to elect representatives in government and also recall such representatives when the people are of the opinion that the representative is not acting in their interest. Nigeria is still maturing in the practice of the people’s true sovereignty.

Section 14 (2) (b) declares that the security and welfare of the people shall be the primary purpose of government. It goes without saying that the ultimate responsibility of the government is to ensure the safety of and wellbeing of the people.

Section 14 (2) (c) declares that the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.

Section 14 (3) states that the composition of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and to command national loyalty, thereby ensuring that shall be no predominance of any persons from a few States or from ethnic or other sectional group in that Government or in any of its agencies. Subsection (4) states that the composition of the Government of the State, a Local Government Council, or any of the agencies of such Government or Council or such agencies shall be carried out in such manner as to recognize and the conduct of the affairs of the Government or Council the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the peoples of the Federation.

The Federal Character here is defined in Section 318 as the distinctive desire of the peoples of Nigeria to promote national unity, foster national loyalty and give every citizen of Nigeria a sense of belonging to the nation as expressed in section 14 (3) and (4) of this Constitution. In view of the ethnic diversity of the nation, it becomes necessary to ensure the representation of all in administration of government but this is ultimately to foster national unity and loyalty. The federal character principle has been more used for political interest than national interest. There is need to adopt the spirit of the federal character principle as well as the letter.

Political Objectives

Section 15 (1) states that the motto of the Federal Republic of Nigeria shall be Unity and Faith, Peace and Progress. Motto in this context may mean the watchword of the nation to influence the laws, policies, programmes and deeds of everyone.

Section 15 (2) states accordingly, national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited.

Subsection (3) provides that for the purpose of promoting national integration, it shall be the duty of the State to:

(a)   provide adequate facilities for and encourage free mobility of people, goods and services throughout the Federation;

(b)   secure full residence rights for every citizen in all parts of the Federation;

(c)     encourage inter-marriage among persons from different places of origin, or of different religious, ethnic or linguistic association or ties; and

(d)   promote or encourage the formation of associations that cut across ethnic, linguistic, religious or other sectional barriers.

Subsection (4) in the same manner states that the state shall foster a feeling of belonging and of involvement among the various peoples of the Federation, to the end that loyalty to the nation shall override sectional loyalties. The provisions of Section 15 (2) - (4) focus on promoting national integration and national consciousness over sectional loyalty.

Section 15 (5) states that the State shall abolish corrupt practices and abuse of power. It may be said that it is in line with this provision that the Independent and Corrupt Practices Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) were established.

Economic Objectives

 Section 16 (1) provides that the State shall, within the context of the ideals and objectives for which provisions are made in this Constitution:

(a)    harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy every citizen on the basis of social justice and equality of status and opportunity;

(b)    control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity;

(c)      without prejudice to its right to operate or participate in areas of the economy, other than the major sectors of the economy, manage and operate the major sectors of the economy;

(d)    Without prejudice to the rights of any person to participate in areas of the economy within the major sector of the economy, protect the right of every citizen to engage in any economic activities outside the major sectors of the economy.

According to Section 16 (4) of the 1999 Constitution (as Amended), major sectors of the economy shall be construed as a reference to such economic activities as may, from time to time, be declared by a resolution of each House of the National Assembly to be managed and operated exclusively by the Government of the Federation; and until a resolution to the contrary is made by the National Assembly, economic activities being operated exclusively by the Government of the Federation on the date immediately preceding the day when this section comes into force, whether directly or through the agencies of a statutory or other corporation or company, shall be deemed to be major sectors of the economy.

Subsection (2) of Section 16 states that the State shall direct its policy towards ensuring:

(a)    the promotion of a planned and balanced economic development;

(b)    that the material resources of the nation are harnessed and distributed as best as possible to serve the common good;

(c)      that the economic system is not operated in such a manner as to permit the concentration of wealth or the means of production and exchange in the hands of few individuals or of a group; and

(d)    that suitable and adequate shelter, suitable and adequate food, reasonable national minimum wage, old age care and pensions, and unemployment, sick benefits and welfare of the disabled are provided for all citizens.

These provisions states clearly the responsibilities of the Government to harness the nation’s resources, achieve national prosperity, the welfare of the people and ensuring equality of economic opportunities among all persons.

Section 16 (3) provides that a body shall be set up by an Act of the National Assembly which shall have power:

(a)   to review, from time to time, the ownership and control of business enterprises operating in Nigeria and make recommendations to the President on same; and

(b)    to administer any law for the regulation of the ownership and control of such enterprises.

Social Objectives

Section 17 (1) provides that the State social order is founded on ideals of Freedom, Equality and Justice. Subsection (2) states, in furtherance of the social order:

(a)   every citizen shall have equality of rights, obligations and opportunities before the law;

(b)    the sanctity of the human person shall be recognised and human dignity shall be maintained and enhanced;

(c)      governmental actions shall be humane;

(d)    exploitation  of human or natural resources in any form whatsoever for reasons, other than the good of the community, shall be prevented; and

(e)     The independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained.

The foregoing presupposes that the government shall ensure the preservation of an egalitarian society based on the principles of equality, solidarity and placing value on human rights. Further to this is access to justice devoid of partiality or influence.

Subsection (3) states that the State shall direct its policy towards ensuring that:

(a)    all citizens, without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment;

(b)    conditions of work are just and humane, and that there are adequate facilities for leisure and social, religious and cultural life;

(c)      the health, safety and welfare of all person in employment are safeguarded and not endangered or abused;

(d)    there are adequate medical and health facilities for all persons;

(e)     there is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever;

(f)      children, young persons and the aged are protected against any exploitation whatsoever, and against moral and material neglect;

(g)     provision is made for public assistance in deserving cases or other conditions of need; and

(h)    the evolution and promotion of family life is encouraged.

The provisions of subsection (3) are the basic expectations of the people from the Government. However, considering the non-justiciability clause contained in the Section 6 (6) (c), the people cannot enforce these. 

Educational Objectives

Section 18 (1) states that Government shall direct its policy towards ensuring that there are equal and adequate education opportunities at all levels.

Subsection (2) states that the Government shall promote science and technology.

Subsection (3) states that Government shall strive to eradicate illiteracy; and to this end Government shall as and when practicable provide:

(a)    free compulsory and universal primary education;

(b)    free secondary education;

(c)      free university education; and

(d)    free adult literacy programme.

The provision of this section is dependent on practicability. Better still, availability of funds will always be the determining factor for providing education and promoting science and technology. However, the hope of the nation’s development is largely dependent on the quality of its education. This was the basis of the case of Okogie v. Attorney General of Lagos State.

Foreign Policy Objectives

Section 19 provides that the foreign policy objectives shall be

(a)    promotion and protection of the national interest;

(b)    promotion of African integration and support for African unity;

(c)      promotion of international co-operation for the consolidation of universal peace and mutual respect among all nations and elimination of discrimination in all its manifestation;

(d)    respect for international law and treaty obligations as well as the seeking of settlement of international disputes by negotiation, meditation, conciliation, arbitration and adjudication; and

(e)     promotion of a just world economic order.

It is general knowledge that no nation can exist in isolation. This is coupled with the fact that the world in now a global village. Hence, there is need to define modes of relating with the other nations. But it must always be noted that the national interest of the nation should rank higher at all times. A nation is not created for foreign policy but foreign policy for the nation.

Environmental Objectives

Section 20 provides that the State shall protect and improve the environment and safeguard the water, air and land, forest and wild life of Nigeria.

The object of Section 20 is to protect the external surroundings of the people and ensure that they live in a safe and secure atmosphere free from danger to their health or other conveniences. See Attorney General, Lagos State v. Attorney General of Federation.

Directive on Nigerian Cultures

Section 21 provides that the State shall:

(a)    protect, preserve and promote the Nigerian cultures which enhance human dignity and are consistent with the fundamental objectives as provided in this Chapter; and

(b)    encourage development of technological and scientific studies which enhance cultural values.

Bearing in mind the fact that Nigeria is rich in ethnic diversity and culture, this provision becomes imperative, more so paragraph (b) states the need to harness technology to enhance our cultural values.

Obligation of the Mass Media

Section 22 states that the press, radio, television and other agencies of the mass media shall at all times be free to uphold to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.

The idea of freedom will not be complete in expression or observance without taking into consideration the role of the press (Dr. John Ademola Yakubu, Constitutional Law in Nigeria, 2003, 358). The media proves more likely to monitor and ensure the responsibility and accountability of the Government to the people.

National Ethics

Section 23 states that the national ethics shall be Discipline, Integrity, Dignity of Labour, Social Justice, Religious Tolerance, Self-reliance and Patriotism.

This may be described as the value system of the nation. Ethics in this context is to influence the thoughts and deeds of all the citizens of Nigeria.

Duties of the Citizens

Section 24 states that it shall be the duty of every citizen to-

(a)   abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, the National Pledge, and legitimate authorities;

(b)   help to enhance the power, prestige and good name of Nigeria, defend Nigeria and render such national services as may be required;

(c)     respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood;

(d)   make positive and useful  contribution to the advancement, progress and well-being of the community where he resides;

(e)    render assistance to the appropriate and lawful agencies in the maintenance of law and order; and

(f)     declare his income honestly to appropriate and lawful agencies and pay his tax promptly.

Worthy of note about these duties is that it applies to every citizen irrespective of position or class, whether anyone is in Government or not.

Justiciability and non-justiciability of the provisions

It has been said earlier from the report of the Constitution Drafting Committee that the Fundamental Objectives are ideals towards which the nation is expected to strive whilst Directive Principles lay down the policies which are expected to be pursued in the efforts of the nation to realize the national ideals. This is the argument for its inclusion in the Constitution. However the provisions cannot be enforced in the Court. Section 6 (6) (c) states that the powers of the Court shall not extend to these provisions.

The Court in Okogie v. Attorney General of Lagos State held that the arbiter for any breach of and the guardian of the Fundamental Objectives and Directive Principles of State Policy is the legislature itself or the electorate.

At this juncture, it is necessary to consider the role of the legislature and the people as arbiter for the breach and guardian of these provisions of the Constitution.

The legislature has often proved to be efficient arbiter in cases of abuse of power contained in Section 15 (5) of this Chapter. A relevant example is the face-off between the former Ogun State Governor, Gbenga Daniel and the State House of Assembly. When the former Governor proposed to raise N50 billion bond from the Capital Market, the House of Assembly members stood against it and passed a resolution against the proposal on the premise that the object of the bond was not in the interest of the State. The State legislature’s stand prevailed. That is quite laudable.

The question to ask is how can the electorate as stated by the Court in Okogie v. Attorney General of Lagos State function as an arbiter in a case where both the executive and the legislature have either failed to act in accordance with the provisions of this Chapter or they have colluded. For instance, Section 16 (1) (a) states that the State shall harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy. Nigeria as a country is rich in both human and mineral resources but 87% of the national income of the nation is from crude oil sale. The Government has refused to harness other resources of the nation. The agricultural sector is struggling for survival, the real sector is dead and the mining industry is in a moribund state. Both the executive and the legislative arms have responsibilities on these but have rather failed in this task over the years.

On account of the limitation contained in Section 6 (6) (c), the citizens cannot institute action on this, at least to ensure these arms of Government conform to the national ideals contained in the Fundamental Objective and Directive Principles of State Policy. The Court will rule that it is restrained under Section 6 (6) (c). The only option open to the electorates has been to wait till the end of the tenure of the Government as constituted. This is in view of the fact that Nigeria as a nation has not matured to use the power of the peoples’ sovereignty to address such situations. And if the next administration fails to act accordingly, the electorates still remain helpless.

Another provision worthy of note is Section 17 (3) (d) which states that the State shall direct policy towards ensuring that there is adequate medical and health facilities for all persons. On this, the electorates seem perpetually helpless. And the failure of the executive and the legislature to act accordingly cost the nation of lives of the people by avoidable illnesses and deaths.

With respect to the environmental objectives contained in Section 20, the people have suffered severally from environmental hazards which were as a result of neglect or refusal to implement laws and policies by the Government. The victims are not legally entitled to compensation save to beg for help from those in leadership.

It has been often argued that dearth of finance will justify the non-justiciability of this Chapter. However, the provisions of the Fundamental Objectives and Directive Principles of State Policy are basically about duties, guiding principles and responsibilities to achieve national development. So the excuse of lack of adequate finance should be untenable to make the provisions enforceable.

Making the Fundamental Objectives and Directive Principles of State Policy justiciable will ultimately make the Government more responsible to these national ideals. Access to compensation for the people who have suffered loss from the Government’s irresponsibility will also keep the Government working to conform to the national ideals. It should be noted that since the Court is not a Father Christmas, every case will be adjudicated upon on its merit and cases will be substantiated before compensation may be awarded.

Conclusion and Recommendation

The non-justiciability of the Fundamental Objectives and Directive Principles of State Policy has encouraged a nation saturated with laxity on all aspects of our national life. The poor state of the nation is largely owing to this. People in Government can choose to be irresponsible or misappropriate public funds knowing fully well that no one can make them responsible. If the executive and the legislature are in perfect harmony, redressing any anomaly becomes forgone.

It is necessary to give legal effect to every part of the Constitution. If the provisions have been considered worthy of Constitutional interest, it should also be considered worthy of being enforceable in the Court. It is therefore recommended that Section 6 (6) (c) of the Constitution should be expunged from the Constitution. This is the provision that constitutionally guarantees the irresponsibility of Government. It provides the excuse for any administration with misplacement of priority to ignore ensuring the control of the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity as provided by Section 16 (1) (b).

This will rescue the nation from the national quagmire of underdevelopment. Indeed, the enforceability of the Fundamental Objectives and Directive Principles of State Policy will be a giant stride towards the national development of Nigeria.

Olusola Akinyemi Esq.

President,

Joseph Initiative, Lagos.