Making Politics Work for Nigeria: Presidentialism and Post-National Conference Institutional Innovation E. Remi Aiyede Department of Political Science University of Ibadan 1 Introduction • To renounce or destroy politics is to destroy the very thing which gives order to the pluralism and variety of civilized society, the thing that enables us to enjoy variety without either suffering either anarchy or the tyranny of single truths”. Bernard Crick, In Defence of Politics (1962) • African politics has been constituted to prevent the pursuit of development and the emergence of relevant and effective development paradigm and programs (Ake: 1996:1). • Politics is about collective decision making, it is crucially important to individual freedom and wellbeing. In a democracy, the decision making process often involves “messy compromises, the collective imposition of decisions and complex communication”. Sometimes the outcome of these process may lead to public welfare, or decisions taken in the public interest. In many other instances, they may lead to the satisfaction of narrow interests. 2 Introduction • To ensure that these struggles do not endanger the state or defeat the purpose of the state or the well-being of citizens several rules are devised to regulate the processes and the behaviour of actors. These rules often reflect the values of that society and how they think that society should be organized for effective governance and collective prosperity and well-being. • States, faced with specific challenges, have often experimented with new institutions, sometimes borrowed and adapted from other climes to resolve governance challenges. • Countries sometimes modify or change from one form or system of government to another when they are convinced that a specific one in use has become problematic or unsuitable for their purpose. Nigeria used the parliamentary system at independence. 3 A problem with Presidentialism? • Now almost 38 years after [the adoption of the presidential system], most of us are of the view that the presidential form of government is a liability in our quest for development. The system has given the key of the treasury to the executives, legislators and their aides to loot the treasury as they wish. The poor of yesterday have become instant billionaires all in the name of democracy. The people I mean the people are getting poorer every day and are being made to be beggars in their own land. Our type of democracy has made mockery of handwork, honesty and procedure. Teniola 2014. 4 Objectives • Examine the comparative experience of presidentialism worldwide in terms of its key challenges and in relation to parliamentarism. • Review the presidential system and its associated institutions against the challenges of governance in Nigeria, before and during the Fourth Republic. • Appraise the proposals of the constitutional conference committee on Political Restructuring and Forms of government • • • In relation to the basis of Nigeria’s adoption of the presidential system In relation to the identified challenges; and In relation to lessons from comparative experiences. 5 Historical Institutionalism as Framework of Analysis • The study of human political interactions is rewarding when done: • • • • • (a) in the context of rules/ structures that are themselves human creations; and (c) sequentially, as life is lived, rather than take a snapshot of those interactions at only one point in time, and in isolation from the rule structures (institutions) in which they occur. (c) to understand the actions of key players, one must take cognizance of the historical development of the institution, and the original, distinct culture and problems in which it arose. Thus the focus is on ideas, institutions and actors formal rules, informal constraints and their enforcement characteristics (North 1990). Informal constraints do not show up in formal terms. Informal norms are more important than formal rules because they mediate enforcement. Enforcement is never perfect. This is why responsibility is crucial. In this wise, responsibility relates to personal maturity and the ability to change the course of one’s action based on concern about their consequences (Aiyede 2013). 6 Presidentialism in Comparative Perspective • Presidential system of government is one in which the president is constitutionally independent of the legislature and serves a fixed term. The president may or may not be chosen by parliament but once chosen he or she serves a fixed term. The president is both the head of state and head of government. • In contrast, the parliamentary system is one in which the government depends on the confidence of the legislature in order to exist as the legislative majority may remove the government from office either by passing a vote of no confidence in the government or by rejecting a vote of confidence initiated by the government. • Usually in parliamentary systems, the Prime minister is the head of government, while the Head of State is usually ceremonial. 7 British Prime Minister Winston Churchill, U.S. President Franklin D. Roosevelt and General Secretary Joseph Stalin at the Yalta Conference. 8 Presidentialism in Comparative Perspective • Some presidents are elected by popular elections, or by electoral colleges or by parliament. Some presidential systems are unicameral while others are bicameral. Some presidents are permitted to serve only for a single term, while the common practice is for a president to serve for no more than two consecutive terms(see Cheibub 2007). • There are several semi-presidential systems across the world today, many of them established during the third wave of democratization in the early 1990s. Under semi- presidentialism there is a directly elected, or popularly elected, president who serves for a fixed term. In addition, there is a separate position of prime minister. The prime minister and cabinet are collectively responsible to the legislature. (Elgie 2011) • 9 Presidentialism in Comparative Perspective • The debate on presidentialism has passed through three phases. • The first phase focused on the comparative advantage of two forms of government parliamentary and presidential systems. parliamentarism was considered to be superior to presidentialism, especially for young, untested democracies. • Presidential systems suffer from competing democratic legitimacies between the president and legislature which often leads to recurrent conflicts. • These conflicts are often exacerbated by the winner-take-all nature of presidential elections, the two-dimensional nature of the presidential office (the president represents both the state and a partisan option), and the overall inflexibility of the system (long, fixed executive terms). • In the second phase of the debate, Mainwaring (1993) argued that the problem was not presidentialism per se, but rather the ‘difficult combination’ of presidentialism with fragmented multiparty systems. • 10 Presidentialism in Comparative Perspective • In a third phase, the ‘difficult combination’ argument was critiqued by scholars claiming that presidentialism could work like parliamentarism: • • • • Presidents were capable of building stable multiparty coalitions, even in weakly institutionalized party systems, using agenda power, budgetary authority, cabinet management, partisan powers, and informal institutions. Whereas in parliamentary systems a ruling party ‘fuses its executive and legislative functions’ because the party leader is chosen and held accountable through internal selection and deselection procedures, in presidential systems parties delegate greater discretion to their leaders because presidents are elected independently of the legislature (Shugart and Mathew 1992, Samuels and Shugart 2010). Leadership that adopts a positive role in relation to policy-making and government management, but are motivated by essentially pragmatic goals and considerations. Prominent amongst these are likely to be the maintenance of party unity and government cohesion, and the strengthening of public support and electoral credibility. Such leaders act as brokers who are concerned to uphold the collegiate face of government by negotiating compromises and balancing rival individuals, factions and interests against one another. 11 Why the Presidential system in Nigeria? • Distinction between the Head of State and the Head of Government would result in potential clash of personalities and interests, a conflict of authority and an unnecessary complexity and uncertainty in governmental relations. • The presidential system is characterised by decisiveness and vitality for the challenges facing the country. • The separation of the Head of State from Head of Government involves a division between real authority and formal authority. The division is meaningless in the light of African political experience and history. • Presidential symbolic value that complement the advantages stated above. • • • (i) a symbol of national unity, honour and prestige; (ii) a political leader in his own right; (iii) someone who can give leadership and a sense of direction to the country” . 12 Challenges of Presidentialism During the Second and Fourth Republics • Second Republic(1979-1983) • • • • • (1) the increase on the cost of governance, (2) the tendency towards dictatorship as shown in the abuse of national police, (3) display of parochialism by the president, (4) the poor appreciation of the operations of federal principles by the leadership at both national and sub-national levels and (5) widespread corruption. • Fourth Republic (1999-) • • • • • • (1) Executive-Legislative gridlocks (budget implementation) (2) third term agenda (3) Yar’Adua’s iIlness, Death and the Succession crisis (doctrine of necessity & constitutional amendment (4) High turn over legislators (5) Abuse of legislative oversight (6) rubber stamp legislatures at the state level 13 The National Conference and the Presidentialism • National Conference Committee on Political Restructuring and Forms of Government • • • • accepted the presidential system as suitable for Nigeria. modification of the presidential system to reduce the cost of governance, make governance more effective and efficient and to check impunity, corruption and waste. abolition of the bicameral legislature for a unicameral legislature. composition of the unicameral legislature, based on 50 percent representation the basis of population and 50 per cent on equality of states. • National Conference Committee on Public Service • Part-time legislature 14 Other Options for Nigeria • There are no conclusive evidence that the backsides of the presidential system cannot be overcome. • executive legislative gridlocks, the fallout from the absence of president Yar’Adua and the third term agenda have been managed in a manner that demonstrate the flexibility of the presidential system • ills of the presidential system as a whole be separated from the ills of specific elements of the presidential system, such as the type of legislature, its mode of selection, operation and financing. • The cost of governance has to do with an emergent political culture that must be changed to release the potential of energy and despatch of the presidential system. • 15 Other Options for Nigeria • process of the selection be designed to ensure that outstanding individuals emerged, with rigorous requirements that include their education, family life, service career, and the party primary process (electoral college and popular votes). • No direct linkage of cost of governance to bicameralism. Unicameral system may not be less expensive • Limit the number of ministers, advisers, assistants etc. • Peg salaries and allowances of political office holders to public service salaries • Enforcement of laws on campaign, candidate and political party finance • strengthen accountability institutions such as the office of Accountant Generals and Auditor General • Fight corruption vigorously 16 Conclusion • No rush into a wholesale change of regime and systems. • Solve problem as they arise through constant debates and dialogue with a sense of sobriety, vision, justice and responsibility. • The purpose of changes should be to strengthen or build the state and empower ordinary citizens, real citizens. Only a “politically conscious society that is aware and jealous of its right to choose those who direct public affairs” is capable of stopping the abuse of power. • There is interconnection between the economic situation in the country and essence of political power as source of wealth. 17 Conclusion • The values promoted by the political leadership today will not reduce the cost of governance nor empower the people because it remits public fund in a few political hands, albeit by corruption, and sharpens the competition for public office, rendering politics as warfare. • Economic and political institutions must be mutually reinforcing to protect private property, promote a level playing field in the economy, and reward entrepreneurship. • The effort at institutional development must seek to create a “new public service bargain that creates a balanced set of incentives and sanctions for those who dare to step into the arena” of politics (Finders 2012:186). 18 Thank you for listening 19