Political Parties
A political party is an organised political group
formed with the intention of putting forward candidates to be elected for
government. It seeks to attain and maintain political power by participating in
electoral campaigns. A party is expected to be based on ideology and specific visions
and goals, hence membership should be of people whose political beliefs and
interests are geared towards the same ideological direction and principles.
Democracy starts at party level where every member is expected to have equal
access to political office through primary elections at the party level. In a
democratic election, it is often allowed that different political parties with
disparate interests can form a coalition in order to gain power.
In
today, parties are not often formed on ideological lines, but on selfish and
arbitrary interests which are mostly temporary. Little wonder we have 54
registered parties, of which most are without any clear vision.
We all have political rights that include freedom of
political association. This is contrary to the belief in the first and second
republics where people from certain zones were erroneously expected to belong
to certain political parties, and if they did otherwise, there were stigmatised
as rebels, infidels and public enemies. This even degenerated into burning of
houses and other belongings of the so called ‘infidels’ and in extreme cases,
killing.
EVERYONE IS FREE TO BE A MEMBER OF ANY REGISTERED
POLITICAL PARTY OF CHOICE. In some cases, members of the same family can be
divergent politically.
Arnold Schwarzenegger, the action movie icon turned
Republican ‘governator’ (a combination of Governor and the Terminator, one of
his films roles) of
not only a descendant of the famous democrat family of the Kennedys, but openly
a member of the Democratic Party. She was even a top contender in the race to
replace Hillary Clinton in the Senate before the latter’s appointment as the
Secretary of States. Why can’t we tolerate opposing political views and
membership?
“You cannot grow democracy that does
not have opposing points of view! People must be allowed to organise political
organisations that argue, that shout, that fight with each other not in the
battle field but in the field of ideas. When a ruling party thinks there is no
need for the other party’s view, then you are already out of democracy and back
into tyranny”. (Colin Powell.
A member of a political party is free to leave and
join another party, but this is not a common scene in a true democracy because
people do not often change in principles and ideologies. However, such is
commonplace in our system as most politicians are just self-seeking. In a case
where a public officer cross-carpets to another party, the Nigerian
constitution makes it mandatory for such office holder to relinquish the office
won on the platform of the former political party, except when the old party
has evidently disintegrated. This is a provision of the constitution that is
often breached mostly when it favours the ruling PDP as evident in the recent
crossing of Yuguda, Ohakim and some National Assembly members who ate their
cakes and still had them.
What an irony! The President and the Attorney General
of the nation who are supposed to be the chief custodians and enforcers of our
constitution to which they swore to protect, are the chief abusers as they
openly embrace this unconstitutional moves. Are they ignorant or do they think
we are? Constitutionally, those who decamped have technically lost their
offices! This was established by the Supreme Court in its ruling that
enthroned Chibuike Rotimi Amaechi as the governor of
All good meaning Nigerians should join political
parties of their choices in order to start making changes right from the
grassroots. The problem is not with the parties but with the members. We should
join with the intentions to be agents of change, to make a difference and to
serve in any capacity possible. It is just ridiculous that all the people who
really know how to run the country are busy doing other things or building
other nations! We have left the nation for too long in the hands of
middle-of-the-road politicians and marauders whose roadside politics is all
about personal interest, looting and no result. If good people ignore politics,
bad people will continue to take advantage (as we have now) to make bad laws,
bad budgets, bad government and bad system for good people.
Separation of Powers
Separation of Powers is a key characteristic of a
liberal democracy, whereby the government has an inherent control system to
ensure that no arm of it is able to abuse power. Under this model, the
government is divided into three branches with separate and independent powers,
as well as pre-defined areas of responsibility.
This political arrangement creates a division of the
legislative, executive, and judicial functions of the government among separate
and independent bodies. Such separation limits the possibility of arbitrary
excesses by government, since the sanction of all three branches is required
for the making, executing, and administering of laws.
The Separation of Powers creates checks and balances,
which allows for a system-based regulation that allows one branch to checkmate
another. This is manifested in the power of the Legislature to alter the
composition and jurisdiction of the federal courts, or the judiciary ruling
that a law is unconstitutional.
Separation of Powers in
Unfortunately, the Judiciary and the Legislative arm
cannot be said to be independent of the Executive in the Nigerian system.
Events have shown that the executive mostly wields overwhelming influence on
the other arms of the government. As long as the executive determines the
welfare packages of the other arms of government, this trend will continue to
be so.
Legislative
This is an arm of government that is solely
responsible for law making. Legislatures may be unicameral or bicameral. At the
federal level in
we have a bicameral legislature (the Senate and the House of Representatives),
while at the state levels; we have the unicameral legislature (the State
Assemblies). Their powers include writing and passing laws, enacting taxes,
authorising borrowing, declaring wars, establishing government’s budgets,
confirming executive appointments, ratifying treaties, investigating the
executive branch, impeaching and removing from office, members of the Executive
and Judiciary, in addition to redressing constituents’ grievances. Members are
elected directly from constituencies representing an entire population.
In a Presidential system like ours, the Executive and
Legislative branches are clearly separated; but in the Parliamentary system,
members of the Executive branch are chosen from the legislative
membership.
The Legislature in
Section 4 of the Nigerian constitution states as
follows:
4. (1) The Legislative powers of the Federal Republic of
Nigeria shall be vested in a National Assembly for the Federation, which shall
consist of a Senate and a House of Representatives.
(2) The National Assembly shall have the power to make
laws for the peace, order and good government of the Federation or any part
thereof with respect to any matter included in the Exclusive Legislative List
set out in Part I of the Second Schedule to this Constitution.
(3) The power of the National Assembly to make laws
for the peace, order and good government of the Federation with respect to any
matter included in the Exclusive Legislative List shall, save as otherwise
provided in this Constitution, be to the exclusion of the Houses of Assembly of
States.
(4) In addition and without prejudice to the powers
conferred by subsection (2) of this section, the National Assembly shall have
power to make laws with respect to the following matters, that is to say:-
(a) Any matter in the Concurrent Legislative List set
out in the first column of Part II of the Second Schedule to this Constitution
to the extent prescribed in the second column opposite thereto; and
(b) Any other matter with respect to which it is
empowered to make laws in accordance with the provisions of this Constitution.
(5) If any Law enacted by the House of Assembly of a
State is inconsistent with any law validly made by the National Assembly, the
law made by the National Assembly shall prevail, and that other Law shall, to
the extent of the inconsistency, be void.
(6) The Legislative powers of a State of the
Federation shall be vested in the House of Assembly of the State.
(7) The House of Assembly of a State shall have power
to make laws for the peace, order and good government of the State or any part
thereof with respect to the following matters, that is to say:-
(a) Any matter not included in the Exclusive
Legislative List set out in Part I of the Second Schedule to this Constitution.
(b) any matter included in the Concurrent Legislative
List set out in the first column of Part II of the Second Schedule to this
Constitution to the extent prescribed in the second column opposite thereto;
and
(c) Any other matter with respect to which it is
empowered to make laws in accordance with the provisions of this Constitution.
(8) Save as otherwise provided by this Constitution,
the exercise of Legislative powers by the National Assembly or by a House of
Assembly shall be subject to the jurisdiction of courts of law and of judicial
tribunals established by law, and accordingly, the National Assembly or a House
of Assembly shall not enact any law, that ousts or purports to oust the
jurisdiction of a court of law or of a judicial tribunal established by law.
(9) Notwithstanding the foregoing provisions of this
section, the National Assembly or a House of Assembly shall not, in relation to
any criminal offence whatsoever, have power to make any law which shall have
retrospective effect.
Executive
This is a branch of government charged with executing
or carrying out the laws and appointing officials, formulating and instituting
foreign policies, and providing diplomatic representation. The Executive is
vested with the power to spend funds allocated for certain purposes, as in the
budget, and may veto laws and grant pardon to convicted criminals. This arm of
government wages war at the direction of the legislative because it peculiarly
derives its instrumentality from it. The Executive is usually empowered to make
decrees or declaration such as declaring a state of emergency or promulgating
lawful regulations and executive orders. In an ideal situation, a system of
checks and balances keeps the powers of the Executive more or less equal to
that of the Judiciary and the Legislature.
The Executive power is vested on the President to
preserve, protect, and defend the Constitution and the laws of the country. The
principal responsibility of the President is to ensure that laws made
Legislative arm are faithfully executed. The Constitution does not require the
President to personally enforce the law; rather, officers subordinate to the
President may be appointed to perform such duties. The President’s
responsibility is to execute whatever instructions he is given by the law
making arm.
As a check and balance, the President can exercise a
check over the Legislature through his power to veto bills; but legislators may
override any veto by a two-thirds majority in the Senate and House of
Representatives. When the two houses cannot agree on a date for adjournment,
the President may settle the dispute. Either House or both may be called into
an emergency session by the President.
The President, as noted above, appoints judges with
the Senate’s consent. He also has the power to issue pardons and reprieves or
amnesties as we have it in the Niger Delta. Such pardons are not subject to
approval by either the House of Representatives or the Senate, or even by the
recipient.
The President is the civilian Commander-in-Chief of
the Armed Forces. However, it is the Legislature that has the power to raise,
fund and maintain the armed forces, and to prescribe the laws and regulations
under which the armed forces operate. The legislature also has the sole power
to declare war, and requires that all Generals appointed by the President be
confirmed by a majority vote of the Senate before they can assume their
offices.
The Executive in
Section 5 of the Nigerian Constitution states as
follows:
5. (1) Subject to the provisions of this Constitution, the
executive powers of the Federation:
(a) Shall be vested in the President and may subject
as aforesaid and to the provisions of any law made by the National Assembly, be
exercised by him either directly or through the Vice-President and Ministers of
the Government of the Federation or officers in the public service of the
Federation; and
(b) Shall extend to the execution and maintenance of
this Constitution, all laws made by the National Assembly and to all matters
with respect to which the National Assembly has, for the time being, power to
make laws.
(2) Subject to the provisions of this Constitution,
the executive powers of a State:
(a) Shall be vested in the Governor of that State and
may, subject as aforesaid and to the provisions of any Law made by a House of
Assembly, be exercised by him either directly or through the Deputy Governor
and Commissioners of the Government of that State or officers in the public
service of the State; and
(b) Shall extend to the execution and maintenance of
this Constitution, all laws made by the House of Assembly of the State and to
all matters with respect to which the House of Assembly has for the time being
power to make laws.
(3) The executive powers vested in a State under
subsection (2) of this section shall be so exercised as not to:-
(a) Impede or prejudice the exercise of the executive
powers of the Federation;
(b) Endanger any asset or investment of the Government
of the Federation in that State; or
(c) Endanger the continuance of a Federal Government
in
(4) Notwithstanding the foregoing provisions of this
section:-
(a) The President shall not declare a state of war
between the Federation and another country except with the sanction of a
resolution of both Houses of the National Assembly, sitting in a joint session;
and
(b) Except with the prior approval of the Senate, no
member of the armed forces of the Federation shall be deployed on combat duty
outside
(5) Notwithstanding the provisions of subsection (4)
of this section, the President, in consultation with the National Defence
Council, may deploy members of the armed forces of the Federation on a limited
combat duty outside Nigeria if he is satisfied that the national security is
under imminent threat or danger:
Provided that the President shall, within seven days
of actual combat engagement, seek the consent of the Senate and the Senate
shall thereafter give or refuse the said consent within 14 days.
Judiciary
This is the branch of government tasked with the
authoritative adjudication of controversies over the application of laws in
specific situations. This power to decide cases and controversies is vested in
the Supreme Court and lower courts established by the laws made by the
legislature. The judges are appointed by the Executive with the approval of the
Legislature, and can be removed by the legislature through impeachment
proceedings. In the course of its duty and power, the Judiciary does the
following:
·
Determines which laws the legislature intends to apply
to any given case
·
Determines whether a law is unconstitutional
·
Determines how the legislature applies the law to
disputes
·
Determines how laws should be interpreted to assure
uniform policies in a top-down fashion via the appeals process, but gives
discretion in individual cases to low-level judges. (The amount of discretion
depends upon the standard of review, determined by the type of case in
question).
·
It also polices its own members
As a check and balance, Supreme Court decisions are
laws binding across the nation. The power to review the constitutionality of
laws may be limited by the Legislature, which has the power to set the
jurisdiction of the courts. The only constitutional limit on the legislature’s
power to set the jurisdiction of the Judiciary relates to the Supreme Court.
The Supreme Court may exercise only appellate jurisdiction except in cases
involving states, foreign ambassadors, ministers or consuls.
The Judiciary in
6. (1) The judicial powers of the federation shall be
vested in the courts to which this section relates, being courts established
for the federation.
(2) The judicial powers of a state shall be vested in
the courts to which this section relates, being courts established, subject as
provided by this constitution, for a state.
(3) The courts to which this section relates,
established by this constitution for the federation and for the states,
specified in subsection (5) (a) to (1) of this section, shall be the only
superior courts of record in Nigeria; and save as otherwise prescribed by the
National Assembly or by the House of Assembly of a State, each court shall have
all the powers of a superior court of record.
(4) Nothing in the foregoing provisions of this
section shall be construed as precluding:-
(a) The National Assembly or any House of Assembly
from establishing courts, other than those to which this section relates, with
subordinate jurisdiction to that of a high court;
(b) The National Assembly or any House of Assembly,
which does not require it, from abolishing any court which it has power to
establish or which it has brought into being.
(5) This section relates to:-
(a) The Supreme Court of
(b) The Court of Appeal;
(c) The Federal High Court;
(d) The High Court of the
(e) A High Court of a State
(f) The Sharia Court of Appeal of the
(g) A Sharia Court of Appeal of a State;
(h) The Customary Court of Appeal of the
(i) A Customary Court of Appeal of a State;
(j) such other courts as may be authorised by law to
exercise jurisdiction on matters with respect to which the National Assembly
may make laws; and
(k) Such other court as may be authorised by law to
exercise jurisdiction at first instance or on appeal on matters with respect to
which a House of Assembly may make laws.
(6) The judicial powers vested in accordance with the
foregoing provisions of this section:
(a) Shall extend, notwithstanding anything to the
contrary in this Constitution, to all inherent powers and sanctions of a court
of law
(b) Shall extend, to all matters between persons, or
between government or authority and to any persons in
proceedings relating thereto, for the determination of any question as to the
civil rights and obligations of that person;
(c) Shall not except as otherwise provided by this
Constitution, extend to any issue or question as to whether any act of omission
by any authority or person or as to whether any law or any judicial decision is
in conformity with the Fundamental Objectives and Directive Principles of State
Policy set out in Chapter II of this Constitution;
(d) Shall not, as from the date when this section
comes into force, extend to any action or proceedings relating to any existing
law made on or after 15th January, 1966 for determining any issue or question
as to the competence of any authority or person to make any such law.
Role of Education
Change will come when we know true democracy and keep
ourselves informed. We have to encourage our families, friends and neighbours
to populate the educated camp till the ignorant camp is totally deserted. An
individual’s commitment to group effort is what makes it work. It makes a team,
society, civilization work and a change possible. Now is the time for all good
people of our great nation to come to the aid of our flawed democracy.
Education is all we need for this revolution.
Every great change begins with a dream. We have dreamt
dreams and we all have to always remember that we have within us the required ingredients
to reach for the stars and change the world. We have the strength and the
passion which are God-given; we only need to activate them!
“Change is the law of life. And
those who look only to the past or present are certain to miss the future.” (J.F Kennedy).
Change neither comes from the East or the West nor
from the North or the South. It comes from you and I. We are the real CHANGE
that
needs right now. It’s our moment to make this country a better place than we
met it.
We have to work together to confront the problems
confronting us as a people in order to save the nation of our fathers for the
sake of our children.
“An extra-ordinary change does not require any
extra-ordinary effort of one but the ordinary effort of all” – OteniyaRK
I have chosen to be among those who would be rightly
judged by posterity. What about you?
God bless
