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Setting Agenda For Good Governance

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Being a  paper presented by Dr Chibuzor Chile Nwabueze of the Ignations Ajuru University of Education  at the 2011 annual Men’s Christian Association Conference held at St Silas Anglican Church, auditoruim, Eneka, Port Harcourt.

As a starting point, I consider it appropriate to discuss the concept of good governance against the backdrop of its challenges. This is informed by two reasons, namely: the need to put the topic in its right perspective as it will provide a background to our general discuss; and secondly, the need for governments and rulers to shift attention from violation of the dignity and rights of the citizen as a human being to the human security in development planning.

In doing this, we would be able to arrive at a sustainable human security framework for the Nigerian Society. This is more so, since for a very long time most states and governments, have failed to protect her people and ensure that  they have both “freedom from want”  and “freedom from fear.” The Nigerian state is manifestly failing to protect her citizens from want and fear; hence she has lost the moral authority to compel their obedience or collaboration in all areas of national life.

As a student of Security studies, one was taught that the essential features of a state include: a definite territory; population; government, and sovereignty. The government is viewed as an agency or machinery through which the will of the state is formulated, expressed and realized. Against this background, the World Bank defined governance as the traditions and the institutions by which authority in a country is exercised.

This includes the process by which governments are selected, monitored or replaced; the capacity of the government to effectively formulate and implement sound policies; and the respect of citizens and the state for the institutions that govern economic and social communications among them.

For our purposes, we are concerned here with that form of governance which serves the citizens by safe guarding territorial integrity of the state and security human security, rule of law and not rule by law, and the delivery of services ranging from qualitative / affordable education, health-focused on primary, community-centered health services to sustainable livelihood and food security.

It is therefore appropriate to define good governance as the exercise of political power to develop human capital and guarantee sustainable human security. Thus an efficient, effective and democratic government is the best guarantor of social justice as well as an orderly and peaceful society.

Credible leadership therefore, is the inalienable attribute of good governance, that has the singular responsibility to creating an enabling environment where development programmes get properly implemented and that creative minds do not get stifled or their energies diverted from undertaking new initiatives or enterprises.

The principal response of the state, therefore, would be to facilitate, to enable, and to coordinate.

The proponents of good governance have argued that good governance helps to create an environment in which sustained economic growth becomes achievable. Conditions of good governance allow citizens to maximize their returns on investment. Good governance does not occur by chance. It must be demanded by citizens and nourished explicitly and consciously by the nation state. It is, therefore, necessary that the citizens are allowed to participate freely, openly and fully in the political process.

The citizens must have the right to compete for office, form political party and enjoy fundamental rights and civil liberty. Good governance is accordingly associated with credible political leadership, enlightened policy-making and a civil service imbued with a professional ethos. The presence of a strong civil society including a free press and independent judiciary are preconditions for good governance.

What is good governance in the Nigerian context? The central challenge before good governance relates to social  development. Good governance must aim at expansion of social opportunities, ending of poverty and ignorance and disease and inequality of opportunities. Indeed, good governance, as I perceive it, means securing justice, empowerment, employment and efficient delivery of services.

Securing Justice: There are several inter-related aspects of securing justice including security of life and property, access to justice, and rule of law. Threats of Public Peace: The most important public good is the supply of security especially security of life and property. The responsibility of the Nigerian nation state to protect the life and property of every citizen is being threatened particularly in areas affected by terrorism, insurgency and social violence. The Nigerian nation-state is aware of complexities of the situation and the need is to show greater determination and relentless in support to its instruments of law and forces of democracy and social cohesion to defeat the elements of terror, insurgency and social violence.

Access to Justice: Access to justice is based upon the basic principle that people should be able to rely upon the correct application of law. In actual practice there are several countervailing factors. Some citizens do not know their rights and cannot afford legal aid to advocate on their behalf. A related aspect is fairness of access as some people involved in the legal proceedings and large numbers of criminal prosecutions are  not voluntary participants. The most severe challenge relates to complexity of adjudication as legal proceedings are lengthy and costly and the judiciary lacks personnel and logistics to deal with these matters.

Rule of law: The concept of good governance is undoubtedly linked with the citizens’ right of life, liberty and pursuit of happiness. This could be secured in a democracy only through the rule of law. The rule of law is expressed through the axiom that no one is above the law. One has to clearly understand that the rule of law is different from the rule ‘by’ law. Under the rule ‘by law, law is an instrument of the government and the government is above the law while under the rule ‘of’ law no one is above the law not even the government. It is under this framework that rule of law not only guarantees the liberty of the citizens but it also limits the arbitrariness of the government and thereby it makes government more articulate in decision-making.

The rule of law as Dicey postulated is equality before law. This is secured through formal and procedural justice which makes independent judiciary a very vital instrument of governance. It is widely appreciated that human factors i.e. the quality of political leadership, the executive and judicial officials play important roles not only in upholding supremacy of rule of law and in efficient delivery of service but also in shaping traditions, customs and institutional cultures that are integral part of the liberal democratic machinery.

In our constitutional system, every person is entitled to equality before law and equal protection under the law. No person can be deprived of his life or personal liberty except according to the procedure established by law. Thus the state is bound to protect the life and liberty of every human being. That human rights violations continue to take place in several parts of Nigeria suggests that the architecture of peace and security in the country still rests on shaky plat forms.

To be continued

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Reps Seeks To Retain Immunity For President Only

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On Wednesday, the House of Representatives passed, through a second reading, a bill seeking to retain immunity for the Office of the President and remove immunity from the Vice President, the Governors and the Deputy Governors.
The bill was one of the 42 considered and passed through the second reading stage during plenary presided over by the Deputy Speaker, Mr Benjamin Kalu, in Abuja.
Sponsored by Hon. Solomon Bob (Rivers PDP), the bill is seeking the amendment of Section 308 of the 1999 Constitution to guard against abuse of office and to ensure transparency in governance.
The long title of the proposed legislation read: “A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999, to qualify the immunity conferred on the President, remove the immunity conferred on the Vice President, the Governors and their deputies, in order to curb corruption, eradicate impunity and enhance accountability in public office and for related matters.”
Key amendments include changes to Section 308 of the Constitution, which currently grants immunity to the president, vice president, governors, and deputy governors while in office.
The proposed bill will amend subsection 3 to ensure that immunity only applies to the President and the vice president when acting as President under Section 145 of the Constitution.
Additionally, a new subsection 4 will be introduced to make the immunity clause inapplicable if the office holder is acting in an unofficial capacity, engaging in actions beyond the powers of the office, or involved in criminal conduct.
“The bill seeks to foster transparency and strengthen the fight against corruption by making public officials more accountable for their actions, both in and out of office.”
“Section 308 of the principal Act is amended by:(a) substituting a new subsection (3) as follows: “(3) This section applies to a person holding the office of the President of the Federal Republic of Nigeria and the Vice President only when acting as President, in line with Section 145 of this Constitution.
Creating sub section (4) thereto as follows:”(4) The foregoing provisions of this section shall be inapplicable where the person to whom this section applies is acting in an unofficial capacity or where the conduct of the person is beyond the powers of his office or the conduct is criminal in nature.
“This Bill may be cited as the Constitution of the Federal Republic of Nigeria (Alteration) Act 2024.
The bill is currently awaiting further debate and consideration by the National Assembly.

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Recall From NASS: INEC Confirms Petitioners’ Contact Details Receipt, Notifies Natasha

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The Independent National Electoral Commission (INEC) has written to notify Natasha Akpoti-Uduaghan, the senator representing Kogi Central, about the petition by constituents seeking her recall from the national assembly.
INEC said it has also received the contact details of the petitioners.
“Pursuant to section 69 of the constitution of the Federal Republic of Nigeria 1999, as amended, I write to notify you of the receipt of a petition from representatives of registered voters in your constituency seeking your recall from the senate.
“The notification is in line with the provisions of clause 2 (a) of the Commission’s Regulations and Guidelines for Recall 2024.
“This letter is also copied to the presiding officer of the senate and simultaneously published on the commission’s website. Thank you”, the letter read.
The letter was signed by Ruth Oriaran Anthony, secretary to the commission.
Meanwhile, in a statement issued on Wednesday, INEC said it has now received the updated contact details from representatives of petitioners seeking to recall the senator.
In the statement, Sam Olumekun, INEC’s National Commissioner and Chairman of Information and Voter Education, said a letter notifying the senator of the petition has been delivered to her official address, copied to the senate presiding officer, and published on the commission’s website.
“The next step is to scrutinise the list of signatories submitted by the petitioners to ascertain that the petition is signed by more than one half (over 50%) of the registered voters in the constituency. This will be done in the coming days.
“The outcome, which will be made public, shall determine the next step to be taken by the Commission. We once again reassure Nigerians that the process will be open and transparent”, Mr Olumekun said.
Sen. Akpoti-Uduaghan had recently accused Senate President Godswill Akpabio of sexually harassing her.
The allegation came in the wake of seating arrangement related altercation between Senator. Akpabio and the Kogi Central senator at the red chamber
She was subsequently suspended from the senate for six months for “gross misconduct” over the incident.
The constituents behind the recall move also accused her of “gross misconduct, abuse of office, and deceitful behaviour”.
The senator has denied wrongdoing and called the recall effort a “coordinated suppression” of her voice.

 

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Bill To Upgrade Lagos LCDAs To LGAs Pass Second Reading

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The House of Representatives on Wednesday passed the second reading of a bill to upgrade the Lagos State 37 Local Council Development Areas (LCDAs) to full-fledged Local Government Areas (LGAs ).
The bill, was sponsored by James Faleke, Babajimi Benson, Enitan Badru, and 19 other lawmakers.
The bill is titled “A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to Accommodate the Thirty-Seven (37) Development Area Councils of Lagos State as Full-Fledged Local Government Areas, Increasing the Total Number of Local Government Areas in the Federation to Eight Hundred and Eleven (811), and for Related Matters (HB. 1498),”
Once fully enacted, Nigeria’s total number of LGAs will rise from 774 to 811, with Lagos overtaking Kano and Katsina, which currently have 44 and 34 LGAs, respectively.
Proponents of the bill argue that granting full LGA status to the LCDAs would bring governance closer to the people. The 37 LCDAs were created by President Bola Tinubu in 2003 when he was governor of Lagos State.
However, it’s worth noting that the Lagos State House of Assembly has been working on a bill to replace the 37 LCDAs with newly designated administrative areas.

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