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Friday, March 29, 2024

The Missing Links In Buhari’s Manifesto – By Law Mefor

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Mohammadu Buhari
Mohammadu Buhari

Agitations for change almost always only end up producing new masters. This was the gut impression I got after reviewing the manifesto and vision of General Muhammadu Buhari for Nigeria. The officer and gentleman has rightly observed that for over fifty years of independence and despite Nigeria’s vast wealth both in abundance of natural and human resources, the nation continues to struggle with the most basic needs and, in his words, now paralyzed by wide spread poverty, endemic institutionalized corruption; high levels of unemployment; a near total collapse of our educational system and facilities, collapse and decaying health and ineffective social services systems, among others, resulting, also according to him, to break down of law and order, institutionalized insecurity to life and property; and weak, fragile and unstable economy.

 

It was Karl Marx who said that philosophers have interpreted the world but the real challenge remains changing it! In the same vein, Buhari has diagnosed the nation’s problems, correctly or incorrectly, but the real challenge is lucidly explaining the causes of the perceived decay and then showing practically  how to bring about any meaningful change.

Three events since his declaration and selection as APC’s candidate have raised more doubts over his competence and preparedness to lead Nigeria as civilian President at this material time. Few weeks ago, on a national television, when asked what he would do about the economy if elected President, Buhari said he would first stabilize the crude oil price. It is hard to place how this thinking helps since no single President or country can determine global oil prices. Even OPEC’s power to stabilize the crude oil price is very, very minimal.

Again, while launching his Presidential campaign at Port Harcourt days ago, Buhari told his audience that he would send all the corrupt politicians to Kirikiri Maximum Prison and expose former Heads of State. This summary approach to fighting corruption can only be possible in a military regime where the three arms of Government are nearly fused in a military Head of State. Sending corrupt officials to prison is the duty of the courts, not  that of the President or the Executive arm. The power of the executive in a democratic dispensation stops at investigations and APC and its candidate need to recognize this lawful fact.

More worrisome is the thrust of his Manifesto. As usual, it promises to build bridges even where there are no rivers. Though this may be  said to be reminiscent of a typical politician, for Buhari much more is expected. Three or four issues stand out in the promises of Buhari and they are: to fight corruption; to fight insurgency, to legalize State and even LG Police, and to devolve power to States to ensure true federalism.

To gain insight into these key issues one by one, hear Buhari: “I will initiate action to amend the Nigerian Constitution with a view to devolving powers, duties, and responsibilities to states in order to entrench true Federalism and the Federal spirit”. While this is a welcome departure from the centrist, unitary thinking of all the military Governments in Nigeria that destroyed Nigeria’s federalism, Buhari’s inclusive, what General Buhari failed to appreciate is that in nearly all the areas listed, the 1999 Constitution will have to be amended and amending just about all the cases have actually been attempted in the previous amendments since 1999 and failed. What is even more instructive is that the opposition to these crucial amendments is coming mainly from opposition law makers most of who are from the legacy parties that formed the APC. The point being made here is that the entrenched interests, which ensured that these amendments have not succeeded in the ongoing amendments in the National Assembly, must first be addressed and Buhari did not acknowledge that as a prerequisite to the changes he wishes to bring about as President.

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A look at each of them is also necessary. First, fight against corruption; the fight against corruption has been facing a systemic problem. Unknown to many Nigerians, there is no way any President will succeed in the fight against corruption in Nigeria without a proper legal framework being in place. Apart from the fact that most of the laws against corrupt practices in Nigeria are obsolete, especially the provisions found in the Penal Code(North) and Criminal Code(South), the Procedural Act allows pretrial matters (and these include all manner of injunctions) to travel to and fro Supreme Court through the Court of Appeal, from the courts of first instance.

Since there is no time frame within which these pretrial matters must be disposed or consolidated along with the trial matters, such objections can take upward of 10 years to dispose of, after which the case may even be declared status barred. This is what has incapacitated the EFCC and ICPC and accounts for why many of the former Governors who are standing trial are sitting pretty tight in the Nigerian Senate undisturbed. Buhari and APC legislators ought to be addressing the issue of legal framework for fighting corruption in the National Assembly before now and not wait until they assume the Presidency. As at today, there is no Procedural Act Amendment Bill before any of the two Houses of the National Assembly. Yet, Buhari is saying he would stop corruption by creating special courts. If the proposal courts would require Constitutional Amendment, why present it as if it can be carried out as mere administrative action? Is APC not aware that introduction of Special Courts was once proposed before the Senate and it was shot down?

Another major campaign point of General Buhari is fight against insurgency. He is telling whoever cares to listen that he would stop insurgency once he becomes President. This is actually the hope of every Nigerian. But there is also a fundamental question here, namely: what the General has already done to help the country out even as a member of the National Council of State. Many may not know, but the major function of the National Council of State is advising the sitting President essentially on national security matters, among others. This is the reason they are maintained with tax payers’ money for life. But alas! since the General lost to Chief Obasanjo, he has not been attending the Council meetings as such.

Even in his individual capacity, his only contribution to fighting insurgency may be the demoralizing comment on the BBC that the fight against insurgency in Nigeria is anti-north. This comment, along with the threat of Arewa Consultative Forum to drag General Azubike Ihejirika to International Criminal Court for trial for genocide, marked a turnaround in the nation’s gains in the fight against insurgency.

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In that BBC said interview, General Buhari opined that Government should treat Boko Haram members the way the Yar’Adua Government treated the Niger Delta militants. Yet, when the sect named him as the negotiator-in- chief, Buhari twice rejected it. If Buhari had done the negotiation for Nigeria, and not wait to become President before doing so, some of us would be rooting for him today.

Another major issue contained in Buhari’s manifesto is the desire to introduce State and even Local Government Police. This again is mere campaign gimmick, as it would require 2/3rds of National Assembly amending the clause, which states that Nigerian nation, shall have only one Police Force. Again, when an analysis of those who voted against it at the ongoing constitutional amendment is done, it will also be seen that it was mainly the opposition lawmakers who stopped State Police. Will they now change their mind simply because a General Buhari is in power? Not likely.

The reason why the issue of State Police failed even also in the just-concluded National Conference, is because certain Regions keep insisting on retaining the country as a unitary system and for that reason, are fighting all efforts to return Nigeria to true, fiscal federalism. So, the desire of General Buhari to return Nigeria to true federalism  is mere wishful thinking and will not see the light of the day because of the same entrenched interests, as it cannot be done without 2/3rd majority of the National Assembly and concurrent affirmation by 24 States of the country where the Governors are holding sway. The Governors just stopped Local Government autonomy passed by the National Assembly in the ongoing amendment. So, the General and the APC ought to explain how to navigate this impassable way since the structures that ensured unitarism in Nigeria cannot be disbanded with a Presidential Fiat, as would happen in the military era.

Truly, Buhari’s manifesto offers no new vision. It is still the same old song. The problem of Nigeria  is the military imposing a unitary system on a clearly federal environment. The nation’s problems are therefore systemic and it is a military legacy. It was the military that handed down the 1999 Constitution, which has put States in the pocket of Governors, forbid accountability, transparency and true democracy.

To amend the 1999 Constitution to address the issues raised by Buhari in his vision and manifesto, 2/3rds of National Assembly is required and concurrent affirmation by 24 States of the Federation. Because this Constitution serves some Regions of the country, those Regions directly benefiting from this military largesse are the ones defeating all proposed amendments to these unitary clauses, and even at the National Conference. Come to think of it, how do you convince a man who is growing fast on the nation’s ‘feeding-bottle federalism’ to give up what he now perceives as a birth right? That is what one expected Buhari’s manifesto and vision to address but it disappointingly did not.

  • Law Mefor, Forensic Psychologist and Journalist, is National Coordinator, Transform Nigeria movement (TNM), Abuja; email: lawmefor@gmail.com.

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