PRESIDENT`S DIARY Nigeria`s Ethical Revolution.

Transcription

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© 2014
The President’s Diary: Nigeria’s Ethical Revolution
Initiative for Advancement of Ethical Standards
Fanis House, Ikeja, Lagos
15 Hanover Square, Mayfair
London. W1 S1HT.
All correspondence regarding this book should be forwarded to the above address
This is a Project of the Initiative for Advancement of Ethical Standards, Nigeria,
in collaboration with XXX Concept Ltd. “igyst.com (UK)” www.igyst.com
This work is available online at www.presidentsdiary.org
ISBN 978-978-942-888-5
Designed and packaged for publishing by:
Ziklag Communications and Media Ventures Ltd.
Ziklag Close, Ilogbo Eremi
Lagos, Nigeria.
www.ziklaggroup.org +2348033326907
Published in the United Kingdom by
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Contributors
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•
Adewolu, Abimbola, PhD—Department of Haematology Lagos
State University Teaching Hospital, Ikeja Lagos

Adeyeye, J. Olufemi, PhD—Professor of Industrial Relations
and Human Resource Management, Covenant University, Ota.

Aina, Olusola, PhD—A former World Bank Resident Consultant,
Department of Educational Management, Faculty of Education,
Lagos State University.

Akashoro, G. Olalekan, PhD—Department of Public Relations
and Advertising, Adebola Adegunwa School of Communication,
Lagos State University

Akinola, Omoniyi B., PhD—Department of Professional Ethics
and Skills, Nigerian Law School, Augustine Nnamani Campus,
Agbani, Enugu State.

Akinpelu, ‘Biodun, PhD—Professor of Educational Technology,
Department of Science and Technology Education, Faculty of
Education, Lagos State University.

Akinpelu, Victor Ife-Oluwa—Federal Road Safety Corps, Ogun
State Sector Command, Abeokuta, Ogun State.

Akinshola, Tunde—Barrister and Solicitor of the Supreme Court
of Nigeria, and a Solicitor of the Supreme Court of England &
Wales, practices in Lagos.

Bamgbose, Adele, PhD—Department of Political Science,
Faculty of Social Sciences, Lagos State University
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
Bolarin, T. A., PhD—Professor of Educational Psychology,
Faculty of Education, Lagos State University

Ige, Kolapo, PhD—Professor of Economics and Econometrics,
West Coast University, Panama, Belize Central America

Lawal, Michael Adesina, PhD—Department of Political Science,
Faculty of Social Sciences, Lagos State University

Moshood, Issah—Department of Sociology, University of Ilorin,
Ilorin

Noah, Yusuf, PhD—Professor of Industrial Sociology,
Department of Sociology, University of Ilorin, Ilorin

Ogunnaike, Kunbi—Education Consultant, Abuja

Olagunju, Isioma Stella, PhD—Department of Religions &
Peace Studies, Lagos State University

Olatunji, Abdulganiy—Department of Sociology, University of
Ilorin, Ilorin

Onafalujo, Akinwumi, PhD—Accounting and Finance
Department, Faculty of Management Sciences, Lagos State
University

Surajudeen, Oladosu Mudasiru, PhD—Department of Political
Science, Faculty of Social Sciences, Lagos State University
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Contents
1
Ethical Re-Orientation for National Cohesion and Unity of the Nigerian
People—Yusuf Noah, PhD / Olatunji Abdulganiy / Issah Moshood .. .. .. .. 11
2
Upholding Workplace Ethics and Organizational Productivity: A Path to
National Development—Adeyeye, J. Olufemi, PhD .. .. .. .. .. .. .. .. .. .. 27
3
Sustaining The Nigerian Democratic Renaissance Through Transparent
Electoral Processes—Surajudeen Oladosu Mudasiru, PhD .. .. .. .. .. .. .. 49
4
Repositioning the Nigerian Civil Service with a Sharp Focus on Conduct and
Practices —Kunbi Ogunnaike .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 79
5
Combating Unethical Practices in the Nigerian
Public Service—Sola Aina, PhD .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 91
6
Ethics And Academic Tradition in the Nigerian Education
Sector—T. A. Bolarin, PhD, FNAE, .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 105
7
Legal Ethics and the Sustenance of Democracy
in Nigeria—O. B. Akinola, PhD .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 117
8
Preserving the Fundamental Human Rights of the Nigerian
Citizenry: The Extent of Advocacy vis-à-vis Cultural Norms
and Traditions—Tunde Akinshola . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 135
9
Road Ethics and Life Expectancy
in Nigeria—Akinpelu, Victor Ife-Oluwa .. .. .. .. .. .. .. .. .. .. .. .. .. . 161
10
11
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Redefining the Nigerian Health Sector with a Sharp Focus on
Professional Ethics, Practices and Conduct—Dr. Abimbola O. Adewolu
.. . 173
Developing Non-Oil Dependent Economy through Exploration and Marginal
Utilization of Diverse Natural Resources—Akanfe Kolapo Ige, PhD .. .. .. . 191
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12
Securing the Nigerian State for Meaningful Growth and Development: Some
Ethical Considerations— Adele J. Bamgbose, PhD / Michael Lawal, PhD .. . 219
13
Political Participation and the Continuous Existence of the Nigerian State: The
Centrality of the Mass Media—Ganiyu Olalekan Akashoro, PhD .. .. .. .. . 235
14
Ethical Considerations in Capital Market Operations:
The Nigerian Experience—Akinwunmi Kunle Onafalujo, PhD .. .. .. .. .. . 263
15
Religious Organizations and Peaceful Coexistence of the
Nigerian State—Olagunju, Isioma Stella, PhD.. .. .. .. .. .. .. .. .. .. .. . 279
16
Social Media and Ethical Preservation
of Nigerian Youths—Alade Abimbade, PhD.. .. .. .. .. .. .. .. .. .. .. .. . 289
17
Giant Strides in the Social, Economic and Political
Re-Engineering of the Nigerian State—Biodun Akinpelu, PhD
/ Femi Adeyeye, PhD / Victor Akinpelu .. .. .. .. .. .. .. .. .. .. .. .. .. . 307
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PREFACE
T
he President’s Diary: Nigeria’s Ethical Revolution could not
have come at a better time than this. A time when Nigeria is
faced with culture, values and practices that are alien to her. As a
people, we seem to have forsaken the values or ethics which seemed to
have held us together and have borrowed or imported violence, corruption, dishonesty, laziness and many others, which are disintegrating us.
This valuable book in our hand, put together by people, very experienced
in national affairs, has addressed issues that must be given attention if
we must achieve the revolution that Mr. President desires for this nation.
Upholding the Fundamental Human Rights of the Nigerian people, having
an ethical orientation using our roads in such a way to preserve lives and
proper handling of legal issues will all help to achieve national cohesion
and unity which are needed to develop a people and their economy.
The book also deals with our work ethics, academic traditions. Corruption
in our work places and academic institutions is very unfortunate and
must be dealt with, if Nigeria must take a place in the comity of nations.
Examination malpractice for instance has engulfed the academic sphere
from primary to tertiary institutions, resulting into very incompetent
graduates. Now, no nation can grow above the quality of its manpower.
The authors have also treated other important issues that must not be
overlooked. The need to diversify our economy, health issues, security
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of the Nigerian state, religious tolerance and preservation of our youth
from the destructive wave of social media etc all need urgent attention
to enable the transformation agenda of Mr. President to be achieved.
Government’s efforts in re-engineering the nation have been discussed in
the book, pointing to the frantic efforts of the Jonathan administration to
cause us as a people, to look back and imbibe again such ethics that had
put Nigeria on a notable pedestal as a nation to be reckoned with. With all
hands on deck we can do it.
Prof. Nancy Agbe
Former Vice-Chancellor,
University of Mkar.
Benue State, Nigeria
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Foreword
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1
Ethical Re-Orientation for National
Cohesion and Unity of the Nigerian People
Yusuf Noah, PhD / Olatunji Abdulganiy / Issah Moshood
INTRODUCTION
H
uman groups are governed by norms, values as well as rules
which regulate the conduct of their affairs in the society. These
elements are technically referred to as ethics. Adherence to such
norms and values is to ensure that social relationship in the society is not
disrupted through immoral behaviour by members of the society thereby
enhancing stable social order.
Through his experiences with other men in the society, man initiated
a moral order. Consequently, he regards certain acts as forbidden while
some are regarded as approved ways of behaviour. For instance, acts such
as stealing, lying, cheating, adultery, murder are considered as unapproved
while such acts like honesty, obedience, respect, humility, justice etc are
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the president’s diary: nigeria’s ethical revolution
regarded as acceptable acts.
In traditional African societies, the influence of the cultural values
on the lives of the people was paramount. In this regard, aspects of life
like marriage, residence, religion and even occupation were virtually determined by the kinship unit. The stronghold of the community especially
the family plays significant roles on the lives of members of traditional
African people and served to ensure peace, stability, cohesion and unity in
the society. Like any other African countries, Nigeria benefitted immensely
from the influence of traditional African cultures in her early years of nationhood, however, with modernization and in particular the current trend of
globalization, the contemporary Nigerian society has been divested of most
of its African values. Hence the moral base of the traditional African society
which encompasses all the composing ethnic units in Nigeria has been put
to question.
Against the backdrop of the above, concern has been raised over the
decline in ethical value in the contemporary Nigerian society. In virtually
all sectors of the society whether in the social institutions like family, school,
church/mosque, and workplace or even in such area of key national life
like politics, health and industry, the cry of ethical degeneration has been
loud. The concern of this chapter therefore is to examine the ethical basis of
the Nigerian nation, its degeneration over time and make a case for ethical
re-orientation for achieving national cohesion and unity of the Nigerian
people.
THE ORIGIN AND MEANING OF ETHICS
The word “Ethics” was first used by Aristotle in 400BC in philosophical
parlance to describe standard of judgment for animate and in-animate
things (Oderinde, 2002). Ethics was said to have emerged in a historical
period when there were profound upheavals in human relationships in
such areas like marriage, family, friendship and community. At this period,
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there were sudden changes in people, relationships and institutions. These
changes came at a time when the Greek society was moving towards a higher
level of civilization. It was a period characterized by initiative, creativeness,
invention and innovation in education and it was against this backdrop that
morality came to be identified as the acceptable form of social consciousness (Oderinde, 2002).
The word “Ethics” was derived from the Greek word “ethos” which
denotes “custom,” “temperament,” “character,” “way of thinking” or “way
of behaving” (Oderinde, 2002). Generally, ethics has to do with moral principles of social living. In the same manner, Latin has an equivalent word for
ethics which is “mores,” meaning moral, custom, character, behaviour,
inner nature, law, regulation, fashion etc. Hornby (2000) defined ethics
as moral principle that control or influence a person or group of person’s
behaviour. It is the science of morality being the set of judgments people
make regarding what is right or wrong, good or bad. It has to do with the
problems of right conduct.
From a Christian perspective, ethics are chiefly concerned with such
virtues like self discipline, good character formation, the cultivation and
development of spiritual and social virtues which are indeed needed for
the discharge of religious and social responsibilities. Ethics has also been
conceived as a system of moral principles or rules of behaviour. It deals
with what is good and bad and with moral duty and obligation. According
to Nisbet (1970), the origin of human moral values may be said to have
taken root from small ancestral groups and transmitted from generation to
generation, provided that such ancestral groups were able to provide the
medium of learning.
Most world cultures have generally accepted values which include
love, honour and respect, loyalty, truthfulness, honesty and trust, diligence
and steadfastness. According to Enoh (2000) these values were used
to regulate relationship among the citizenry in an attempt to lay a solid
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foundation for their social, economic and political survival. In the context
of the workplace, ethics concern those acceptable or appropriate behaviour
expected of participants in the production process. Such ethics would
include honesty, integrity, fairness, sense of commitment and responsibility
in the workplace. The participants or stakeholders that are involved in the
workplace behaviour are individuals and groups such as the management,
workers and other key stakeholders like the customers or clients and the
members of the host community.
NATIONAL COHESION AND UNITY DEFINED
National cohesion, according to Parsons (1956), involves the creation of
a society such that solidarity and institutionalization of patterns of social
interaction are assured. It also implies ensuring that rules and regulations that define the patterns of interaction, the means of achieving desired
goals are accorded their legitimacy within the social system. Weiner (1971)
defines national cohesion as the process of bringing together culturally and
socially discrete groups into a single territorial unit and the establishment
of a national identity. According to Soukhanov (1996:938), national cohesion
means bringing of the different ethnic, racial, religious, economic, social and
political groups into unrestricted and equal association on national issues.
Sanda (1999) argued that national cohesion is the collective orientation of
members of a society towards the nation and its society in such a way that
micro-loyalties are not allowed to jeopardize the continued existence of the
nation and its objectives, goals and ideals. According to Akwara, Udaw, and
Onimawa (2013), in every human society, for effective societal cohesion to
be achieved, people must be aware of, or share knowledge of both their
historical past and culture which makes it possible for them to adapt to, and
manipulate the situation, and also plan for the future.
With regards to national unity, it would be appropriate to define it as
all efforts and processes geared towards bringing together as one entity,
people of diverse social-political and cultural orientation. Thus, national
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unity among the Nigerian people would imply the forging of a common
identity among the different ethnic groups in the country.
Theoretical Framework
In his thesis on social integration in the society, Durkheim (1945)
argued that the level of integration and cohesion in society can be determined by its level of social solidarity. He classified human societies into
two broad types, based on the form of solidarity existing in each society
to organic and mechanical solidarity. According to him, societies with
organic solidarity are simple, with people who share common values and
attributes. Consensus, co-operation and solidarity are achieved in these
societies due to similarities and higher adherence to societal ethical values.
On the other hand, in societies with mechanical solidarity, the people are
different, with varying values, ways of life and occupations. Unlike the
societies with organic solidarity, consensus and cooperation are achieved
due to their differentiation which makes interdependence necessary. Going
by the Durkheim’s theory of social integration, it could be deduced therein
that every society (and by extension, every nation) needs a level of social
unity and cohesion to persist and that the extent of adherence to collective
ethical values will depend on the level social cohesion and unity among the
people of the society.
Current State of Ethical Values in the Nigerian Society
In virtually all African societies, ethics are enshrined and greatly
emphasized by the people. For instance, the main focus of education in
typical African societies is character training for the maintenance of ethical
standard. According to Falade (2010),
Among the Yoruba, there are many indigenous values that promote social
cohesion and enhance the building of the civil society. To the Yoruba,
man’s character (Iwa) is of supreme importance and it is this which God
(Olodumare) judges… The Yoruba adopt multidimensional approaches
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to inculcate good character and traits into the young ones. Some of these
approaches are ridicule, discipline, instruction, clubs, proverbs, folklores,
praises and correction (p. 1)
What could be inferred from the foregoing is that African societies are
established on solid moral and ethical standard which every member of
the society are expected to imbibe. However, the current state of ethical
values in the Nigerian society is rather very low when compared with the
traditional African societies. Many of the hitherto traditional ethical values
have been relegated to the background. Laziness has replaced the ethic of
hard work, deceit replaced truthfulness, selfishness replaced selflessness,
and dishonesty replaced honesty while rebellion replaced patriotism. It is
obvious that the current dwindling ethical standard in the Nigerian society
calls for serious concern in view of its negative effects on the corporate
existence of the country.
The following behaviour patterns are used for better illustration of the
current state of ethical standard in the Nigerian society:
Patriotism: Mclean and McMillan (2009) described patriotism as
love of one’s country or zeal in the defence of the interest of one’s country.
Patriotism means loving and being loyal to one’s country. It means showing
more regard and loyalty to one’s nation above that of ethnic groups, states,
local government areas and towns. Akinjide (2006) described patriotism
as the extent to which citizens trust and support their government. The
following has been presented as important elements of patriotism: absence
of bribery and corruption; love of one’s country; obeying laws; paying taxes;
loyalty and voting at elections (Centre for Communication Development,
2003). In a typical traditional African setting, people have high spirit of
patriotism to their society. However, in the present day, Nigerians have very
low spirit of patriotism with many citizens engaging in various un-patriotic
acts such as conspiracy against the nation; stealing of public fund; terrorism
against the nation and destruction of public properties.
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Obedience: Obedience implies compliance with the rules, regulations
and laws of the land without being reminded or forced to do so. People
who have respect for ethical value of the country are more likely to obey
its laws. On the other hand, people who disobey the laws are less likely
to be committed to the civic responsibilities. Obedience to the societal
laws produces responsible, effective and law-abiding citizens. It promotes
cohesion and unity in the country. Various empirical studies have found that
there are low ethical values in contemporary Nigerian society. For instance,
Ugwuegbu (2004) investigated the values of middle class Nigerians and
found that out of the seventeen values examined, the value that is least
demonstrated by Nigerians is “law-abiding.” Also Akinjide (2006) reported
that World Bank report showed that most Nigerians scored less than five
percent in a scale that determined the extent to which the citizens respect
and abide by the rule of law.
Tolerance: Tolerance is another important behaviour pattern that
determines adherence to the ethical standard of the society and which by
extension, serves to determine the level of unity and cohesion in the society.
As a rule, it could be asserted that the extent of tolerant of the people
will determine the level of unity and cohesion among them. For instance,
the high level of social solidarity which exists in the traditional societies
explains their positive behaviour of cooperation, patriotism and tolerance
among the people. However, in contemporary Africa, especially Nigeria,
people are generally intolerant, disobedient and unpatriotic all of which
are partly responsible for the incessant ethno-religious crises in the country.
This problem has been described as one of the major national questions
threatening the continued existence of the country. Intolerance is therefore
of the negative ethical values in contemporary Nigeria.
Degenerated Value System: According to Rao (2006), value is defined
as the measure of goodness or desirability; it provides the general guidelines
for conduct or behaviour. The value system provides the moral background
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for justification of behaviour as right or wrong and it is an important aspect
of the culture of a society. In Nigeria, value system is one of those important
aspects of ethics that have witnessed tremendous negative changes. This
situation is worrisome because a defective value system is an indication
of a defective social system. A country with such weak moral foundation
faces the possibility of disintegration. A critical look at the value system
in the Nigerian societies today will reveal a system of value degradation
in virtually all aspects of life – from the private to public life and from the
individual to the larger group level in the society. The value system in all
spheres of life of the Nigerian society has become degenerated with both
the old and young generation engaged in immoral and unethical behaviours which many regard as normal.
Morality: This has to do with what is right or wrong and about
how people should behave. Morality is one of the bases of ethics and its
central tenet. In the traditional societies, the whole essence of setting ethical
standard is to enhance moral standard, promote social cohesion and unity
among the people in order to maintain stable and balanced social existence.
In today’s Nigeria, the spate of immorality among the young and the old
has constituted one of the greatest challenges against national cohesion and
unity of the Nigerian people.
Various immoral acts such as stealing, killing, fornicating, lying,
dishonesty and soon have become the order of the day. People who refused
to engage in these immoral acts are frowned at by the general public since
immorality is the order of the day in the Nigerian society. The implication
of this general breakdown in the ethical standard of the society has been a
bane to the realization of national cohesion and unity in the country.
NATIONAL COHESION AND UNITY IN NIGERIA
A verse in the Holy Qur’an affirms:
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Mankind was but one nation, but differed (later). Had it not been for a
Word that went forth before from thy Lord, their differences would have
been settled before them (10:19).
The above verse demonstrates that the heterogeneous composition of most
nations of the world is God’s plan for human social existence. Such nations
are therefore enjoined by divine decree to live harmoniously despite their
differences. Nation denotes a group of people having or sharing common
biological characteristics as race and colour; historical origin and ancestry;
cultural practices as language, religion, artefacts, customs and heritage; and
the groups lives together in a defined geographical territory (Leeds, 1978;
Akwara, 1998).
Before the coming of the Europeans to Nigeria, various segments of
the country have been relating with one another in one way or the other.
According to Hodgkin, (1960:2):
A variety of links existed between the various states and peoples which
were the predecessors of modern Nigeria: between Kanem-Bornu, the
Hausa states, the Nupe, the Jukun kingdom, the empires of Oyo and Benin,
the Delta states, and the loosely associated form of war and enslavement.
But they expressed themselves also through diplomacy, treaties, the visits
of wandering scholars, the diffusion of political and religious ideals, the
borrowing of techniques, and above, all trade (p. 2).
Like many other multi-ethnic nations of the world, Nigeria is a plural
society with over 400 language groups. These distinct groups have existed
long before the emergence of what later came to be known as Nigeria. In
several cases, they have lived in different political systems and have co-operation, interactions as well as conflicts and wars. At this period, the prominent
political systems include Fulani, Kanem Bornu Empires in the core North;
Nupe and Jukun Kingdoms in the Middle Belt; Oyo and Benin Empires in the
Western and Mid-Western respectively and the City States in the Southern
part of what is today known as Nigeria. It was these kingdoms, empires
and emirates that were brought under a common political authority by the
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Colonial administration and this process was completed with the amalgamation of the Northern and Southern Protectorates in 1914 by Lugard,
then-Governor-General. It has been asserted that the lack of cohesion and
unity in the country emanated from this artificial creation of Nigeria as a
single geopolitical entity (Otite, 1990). Since this period to date, Nigeria has
had to contend with the challenge of forging national cohesion and unity
among the different ethnic groups.
One of the implications of the immense ethnic pluralism is its tendency
to generate unique problems which often tend to defy known and existing
strategies (Muhammad, 2007). The challenges of national cohesion and
unity were made more acute because of members of some ethnic groups
exclusively controlling the economic and political processes in the countries,
and usurped the democratic dividends that accrued to other ethnic groups
thereby causing anger, frustration and violence between them and members
of the other ethnic groups (Abubakar, 2007; Ayuba, 2012; Undiyaundeya,
2012; Akwara and Ojoma, 2013; Akwara, Udaw, and Onimawa, 2013).
The discussion of efforts at fostering national cohesion and unity
among the Nigerian people would bring to the fore the issue of national
question. According to Yusuf (2002) the national question is derived from
problems and challenges which serve to prevent the realization of basic
national goals. He went further to list those challenges that militate against
the realization of Nigeria’s nationhood. These include:
i.
Acrimony, mistrust and animosity between the dominant ethnic
groups in the country;
ii.
Political instability;
ii.
Electoral Problems manifested in Electoral misconduct and
violence;
iv.
Allegation of marginalization especially in the allocation of
political offices and economic resources;
v.
Scourge of poverty among a large proportion of the population;
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vi.
Infrastructural decay and comatose i.e. erratic power supply, bad
roads, poor rail transportation and poor water supply across the
nation.
According to Ifeanaccho and Nwagwu (2009) Nigerians hate each
other, they fear each other; they do not know each other because they
cannot communicate with each other. Sobowale (2013) argued that some
ethnic groups in the country engage in confrontation with other groups
when their kinsmen are denied access to political power.
ETHICAL RE-ORIENTATION TOWARDS NATIONAL COHESION AND
UNITY
Many concerned African scholars have propounded various ways by
which ethical re-orientation would be used to bring about national unity
and cohesion in Nigeria. Falade and Orungbemi (2011) noted that African
nations need urgent innovative ethical value re-orientation programme that
can facilitate the development of core values as well as promote national
unity among the people of various African regions. According to Ajere and
Oyinloye (2011), the Nigeria’s dreams of national cohesion and unity, peace
and development can only come to reality with the internalization of the
core values enshrined in the National Anthem and Pledge which reflects
the ethical national values of honesty, obedience, loyalty, cooperation and
patriotism.
National consciousness: This is perhaps the first step towards the
making of a new Nigeria. National consciousness implies the development
of a national ethic in which every Nigerian irrespective of origin, language,
residence, religion, creed or any other criterion would see himself or herself
as Nigerian first before any other consideration. This nationalism spirit is
essential for national cohesion and lasting unity in the country.
Ethical Education in Schools: As part of practical efforts to re-orientate
the Nigerian people towards positive ethical values, the educational curriculum should be modified to reflect ethical education from the foundation
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(primary school) level to the tertiary or university level. The national
committee on Educational curricular in the nation’s Federal Ministry of
Education should take the first step in this direction.
The use of Socio-Cultural Institutions as Moral Watchdogs: Important
institutions in the society like the family, the elderly, peer group, religious
bodies and cultural associations can be effectively used as moral watchdogs
in the Nigerian society to restore the moral values and foster cohesion and
unity among the people. These institutions can be encouraged by government
and concerned bodies to monitor the activities, loyalties and moral display
among the people and provide direction through the process of cultural
dissemination, indoctrination and socialization which most members are
likely to accept if properly conducted. For instance, religious organizations
and bodies have the responsibility of teaching their adherents tenets of their
faith including morality – godliness, honesty, tolerance, humility among
others. Nigerians should also be taught to eschew religious bitterness in
favour of understanding and co-operation because they all belong to the
same nation with common heritage and destiny.
The Role of the Mass Media: The mass media, both electronic and
print have important roles to play with regards to ethical re-orientation in
Nigeria for the purpose of fostering cohesion and unity among the people.
Recognition of Traditional Cultures and Values: As earlier mentioned
in this discussion, African traditional cultures integrate various aspects of
positive moral values. The recognition of these values in respective homes
and the larger Nigerian society would serve to enhance its inculcation by
many Nigerians.
Conferences, Workshops, Symposia, Seminars and Town Hall
Meetings: These various forms of information dissemination should be
embarked upon on ethical re-orientation in the Nigerian society. Government
at the various levels as well as Non-governmental Organizations (NGOs)
and International Organizations should play a major role in this direction.
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In furtherance of the above, the recommendations made by Ejalonibu and
Olatunji (2014) would also be useful in this regard:
1.
Ethical/Cultural re-orientation: Cultural values orientation is the very
foundation of behaviour. Our preceding discussion in this paper has
shown that if there would be an improvement in the general social
system; there has to be a re-work of the cultural and ethical system. It is
only through this effort that the general dispositions of the people can
be transformed. In this regard, effort must be geared towards an ethical
re-orientation such that people’s negative ethical conducts would be
replaced by positive ones. This would go a long way in strengthening
the country’s social cohesion, national unity and stability.
2.
Positive value creation: Another important step to be taken towards
eliminating the vices of negative ethical orientations is by encouraging value creation among all Nigerians. The Nigerian people both in
the public and private sectors should be encouraged to shun negative
public behaviour especially corruption and should be re-socialized on
the importance of value creation as a means towards creating responsible Nigerian citizens.
3.
Media censoring: The mass media is one of the means by which
people’s cultural values have been demeaned. As such, films and music
should be monitored and censored in such a way that they would be
made to convey messages that would encourage moral uprightness
and discourage immoralities. Home videos and films which depict
immorality, violence and lust for materialism should be censored
while those which portray good morals, African cultures should be
encouraged.
4.
Role of Governmental and Non-Governmental Organizations: The
government should strengthen and further empower governmental and
non-governmental agencies and institutions saddled with the responsibility of promoting positive cultural orientations. Such institutions as
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the National Orientation Agency (NOA); National Institute of Cultural
Orientations (NIICO) and so on, should also rise up to the task and
place all hands on deck to correct the general negative orientations of
the people in the public and private institutions.
5.
Educational Curricula: The nation’s educational curricula should be
designed to foster mutual respect among different ethnic groups in
Nigeria. Currently, Nigerians have a sense of territorial unity rather
than national unity. It should be mentioned that it is in the national
interest that the composing ethnic groups in the country should
develop respect for each other’s value systems. This can only be
achieved if people know and understand each other’s culture. Through
this, national cohesion and unity among the Nigerian people would be
greatly enhanced.
CONCLUSION
This chapter has discussed the issue of ethical re-orientation for national
cohesion and unity of the Nigerian people. Incidentally, this appears to be a
major concern of the present administration in Nigeria as it stresses the need
for the practice of politics that is devoid of acrimony. The chapter however,
considers the various dimensions of and factors responsible for the current
state of ethical degeneration in the Nigerian society. The paper discusses
practical measures towards ethical re-orientation in the Nigerian society as
ways of restoring national cohesion and unity of the Nigerian people.
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2
Upholding Workplace Ethics and
Organizational Productivity: A Path to
National Development
Adeyeye, J. Olufemi, PhD
INTRODUCTION
E
thical behaviour and the prevailing system of employment relations
in any work organization is very crucial for general development
progress, the production of goods and services, both for domestic
consumption and international trade or exchange, creation of national
wealth, the attainment of political stability and the inclusive benefits of
sustainable human development. In other words, how well organizations
adhere to ethical standards, obviously, determines the well-being of all the
stake holders as well as the macroeconomic growth and develop of the
Nation.
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The concept of ‘efficiency’ as applicable within the context of employment relationship is a function of proper management of employees at
work, including the adherence to workplace ethical standards.
Admittedly, “work dominates the lives of most men and women; and
the management of employees, both individually and collectively, remains
a central feature of organizational life” (see Blyton and Turbull, 1998, as
quoted in Matanmi 2007). The totality of the essence of work in society, is
that, it is the primary determinism around which human lives are ordered
and nations are developed. Also the primacy of work in society and the
critical role of the production function have naturally contributed to the
growth, development and advancement of nations throughout human
history.
In practical terms, nations are in existence to provide security, safety
and most importantly developments to people who had surrendered their
sovereignty in exchange for the aforementioned necessities of life, using
organizations and all human resources available to them. Indeed, organizations advance the fortunes of nations through efficiency, productivity and
performance, as engendered by the institutional labour or a group of people
known as workers. Apparently, those workers are human beings with
aspirations, hope and feelings. They render their human effort (labour) in
exchange for equitable wages and salaries, good physical working environment and longevity of employment relationship, anchored on ethical
standards and Human Resources (HR) best practices (Adeyeye 2010)
Any behaviour contrary to the expectations of these group or actors
would hinder the trajectory of production processes and the development of the organizations. Since national development is dependent on
what the labour can generate by way of Gross Domestic Products (GDP),
a substantial attention must be paid to the agreement legally, socially, and
economically entered into by all the stakeholders, for the parties to enjoy the
expected efficiency, equity and development, which are the main objectives
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of employment relationship.
WHAT IS ETHICS?
The Oxford Advanced Learner’s Dictionary defines ethics as “the science
which deals with morals,” Ethics, according to William Lillie (quoted in
Aniele 2004), is the systematic study of the fundamental principle of the
moral law; or as the normative science of human conduct. This implies that
ethics is basically a normative science, as distinct from the descriptive or
empirical sciences. Moral principles that form the subject matter of ethics
are about the way people ought to behave. It follows that ethics, primarily,
is the critical investigation of the norms of conduct to which human actions
ought to conform.
The term ethics refers to the fundamental principles of right and wrong;
ethical behaviour is the behaviour that is consistent with those principles
(Noe, Hollenbeck, Gerhart and Wright 2004). Conceptually, discipline and
indiscipline are dimensions of human behaviour. Disciplined behaviour is
the sine qua non for individuals, organizations and national survival and
development. Discipline and indiscipline, just and unjust, right and wrong,
can directly be associated with ethics.
Ethic, as noted by Pojman (1990), is concerned with the studies of
human behaviour in relationship with others on the basis of wrongness.
Valesquez (2002) observes that ethic is the principle of conduct governing
an individual or a group. It relates to the accepted standards in terms of
personal and social welfare. In his work, Cascio (2010), ethics, advocates
procedural justice and due process in taking decisions.
NIGERIAN WORKERS’ PRODUCTIVITY AND PERFORMANCE
The attitudes, work ethics and productivity of Nigerian workers have been
discussed at various times, in order to bring a change towards positive development of the work enterprises. The various expositions on the attitude to
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work of the Nigerian workforce, have painted a rather negative picture of
an apathetic, uncommitted men and women, who are unresponsive to traditional motivational techniques. The Nigerian workers according to Sokefun
(2004) have been described as indolent, apathetic, and unresponsive to
motivation and generally, not willing to put forth maximum productive
efforts.
Whichever way we look at it, the Nigerian workers, are what we have,
hence we must encourage them to make meaningful contribution to the
development of the nation by becoming more productive. Other human
beings or societies were not specially made for proper conduct. The difference among the developed, developing and underdeveloped societies is in
their resolve to uphold ethical practices irrespective of class or status.
Similarly, the first Nigerian national seminar on productivity, held in
1963, as noted by Sokefun (2004), lends credence to the fact that Nigerian
workers are not different to their counterparts anywhere in the world.
The seminar, at its conclusion, noted that, there was no indication of any
inherent incapability of Nigerian workers to the achievement of high levels
of productivity and that where systems of production are similar; there
has been nothing to suggest that the Nigerian workers are inferior to their
counterparts anywhere in the world.
It is against this background that three issues become imperative in
the paper. These are: work ethics of Nigerian organizations, the Nigerian
workers and the need for increase in productivity. These are the primary
focus of this paper
Apart from lack of basic infrastructure, the working environment
and conditions are to be devilled with unethical behaviour on the part of
the stakeholders and social partners within and outside the shores of the
factories. The State, employers and the employees, none, can be exonerated from the phenomenon (unethical behaviour), which has impacted so
negatively on workers’ productivity and hindered in no small measure the
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social, political and economic development of our great nation.
ATTEMPTS AT UPHOLDING ETHICAL BEHAVIOUR: A CRITIQUE
Credit must be given to the Nigerian governments, past and present, for
making some visible attempts at upholding ethical conducts not only within
work environment but also in every sphere of Nigerian endeavour. Ethical
problems have forced various governments at the Federal level, in Nigeria,
since 1975 to introduce one form of legislations or the other to curb the
monster of general indiscipline in the society.
Visible efforts were made by Generals Murtala Muhammed and
Olusegun Obasanjo’s Administrations between 1975 and 1979 to ensure
some measure of discipline in the Civil Service. The policy, backed by the
forces of Decrees and Edits, carried out massive dismissals and compulsory retirements of people alleged of corruption in one form or another.
Such people were not given fair hearings or were tried before the forces of
Decrees and Edits were applied on them.
Also concerned about the problem of ethics were the makers of the
1979 civilian constitution in Nigeria, that the constitution contained a
six-page schedule setting forth a Code of Conduct for “public officers”. A
Code of Conduct Tribunal was put in place.
The then new Civilian Administration of President Shehu Shagari,
1979 to 1983, came up with a Programme designed to put corruption in
check. The programme was called, “Nigerian Ethical Revolution”.
In 1984 General Muhamadu Buhari fashioned out a Decree on War
Against Indiscipline (WAI). This was intended to be used to fight all forms
of indiscipline which were exhibited by Nigerians. Another military Head
of State and President in 1985, General Ibrahim Babangida, terminated WAI,
and came up with a Programme tagged “Mass Mobilization for Social
and Economic Recovery (MAMSER).” He established the Directorate of
Social Mobilization for the execution of the Programme. The MAMSER
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Programmes were more of cosmetic approaches to very serious Nation ills,
and they ended like their predecessors.
General Sanni Abacha, in 1993, replaced MAMSER with National
Orientation Agency (NOA). This was merely a change in name of a body
that was supposed to fashion out new sense of direction and orientation.
There were no positive changes in the overall attitude of the social partners,
particularly the Nigerian workers.
General Olusegun Obasanjo’s Administration in 1999, engineered the
‘Corrupt Practices and other Related Offences’ Act. This was backed by
an act of the National Assembly in 2000. Consequently he established the
Independent Corrupt Practices and Other Related Offences Commission
(ICPC). When the (ICPC) started investigating the Principal Officers of the
National Assembly, in 2003, the Highest Law Making Organ of our Society
passed a bill repealing (ICPC). The President refused to sign, as he considered the action of the National Assembly as a way of protecting impunity
and immorality in our public life. The behaviour of the Legislators, further
confirms the extent of corruption among the ruling elites. A closely related
agency to the ICPC is the Economic and Financial Crimes Commission
(EFCC) which performs functions similar to that of ICPC. Both agencies
play major roles in the regulation of the affairs of both private and public
organizations in Nigeria with a view to ensure that ethical conduct reigns
supreme in Nigerian organizations’ dealings (Ogundele and Opeifa, 2004c)
Several concerned writers had expressed one view or the other against
the general lack of ethics in our society. Osahon (1981) examined the multidimensional aspects of unethical acts in Nigeria. Oji (1982) described it in
the context of the need for ethical revolution in Nigeria. Nwakwo (1985),
Bolaji (1985) and Ezewu (1985) stressed the needs for, economic and political
nationalism, moral leadership and requirement of education for new leadership in Nigeria respectively.
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Nzeribe’s (1986) focus was on ethical and economic origin of Nigeria
ethical problems. Ayagi (1990) blamed the economic and social problem of
Nigeria on leadership indiscipline Arene (1990) presented the personality
models as the means of solving the complex social, economic and political
problem of Nigeria. Ekpo-Ufo (1990) found that several acts of indiscipline
were the major factors that inhibited organizational and national goal attainment. These were confirmed by Oseni (1993) Ogundele’s (1999) findings.
Oseni (1993), carried out an x-ray of high level forms of corruption in the
Nigeria Police Force which was and still is a product of the larger society.
Ogundele (2000), found that acts of indiscipline, (unethical behaviour),
including bribery, robbery, fraudulent practices and corruption were the
second most important inhibitors, of the performance of the indigenous
entrepreneurs in Nigeria.
Therefore, unethical behaviour has negative effects on performance
of business organizations in Nigeria. The same can be said of other African
countries and businesses. In Nigeria and other African Countries, the situations are serious, based on the nation’s inability to identify and thread the
appropriate philosophical and development paths. (Aina 1992)
Reasons for Unethical Conduct in Nigeria
Many writers had supplied various reasons for immoral and unethical
behaviour patterns especially in Africa, with Nigeria taking an uncomfortable lead. Muganda (1999) discusses a number of factors that produced
corruption in Africa. These include several political factors, patronage and
societal pressures, lack of transparency and proper enforcement of rules on
regulation and government intervention in several areas of public life and
the expansion of the public sector.
Raditchokwa (1999) attributes the causes of corruption in Africa to
the crisis of leadership, which is exhibited in lack of discipline on the part
of political elites, lack of meaningful participation in the policy making
process, poverty, under-development and bureaucratic inefficiency.
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Aniele (2004) attributed the causes of corruption in Nigeria to valueorientation in the society, under-development, lack of sanctions against
identified corrupt individuals, ethnicity, and the psychological mechanisms
of individual members that force them to strive relentlessly for material
success.
In the contemporary African countries, the fashion is to get rich quick
through fraudulent means rather than by ethical conduct. The preference of
youths is for leisure than work; more interest in exciting jobs than boring,
routine job and kindred observations. Added to these are problems created
by tribalism, lack of respect for age and authority, wrong applications of
concept of time, large scale bribery and corruption. Omotunde (1982) noted
that the hardest job for the Nigerian child is ‘having to learn moral where
none exists’.
MODELS OF CONSEQUENCES AND SELECTED FACTORS AFFECTING
ETHICAL AND UNETHICAL BEHAVIOUR PATTERNS
Two models as developed by Ogundele (2004) are found very relevant to
this discourse. The models give explanation to the consequences of selected
factors that affect ethical and unethical behaviour of individuals, groups
and society.
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Figure 1: Model of Society Where Selected Determinants of Behaviour are Based on
Ethical Conducts
Source: Ogundele (2004)
Figure 1, above shows clearly the consequences in terms of development and prosperity for a nation where ethics dominates, leading to
orderliness and societal well-being which will ultimately produce effective,
performing organization and national prosperity and development.
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Figure 2: Model of Society Where Unethical Conducts Affect Selected
Determinants of Behaviour
As in the case of figure 1, the consequences of unethical conducts are
clearly shown in figure 2 and they require no further elaborations. The
scenario in the model of society in figure 2, best reflects Nigerian situation
and this requires necessary measures that will restore moral health in an
unhealthy society. This study agrees with Ogundele’s position as it relates
to the modern day Nigeria.
NEED FOR UPHOLDING ETHICAL STANDARDS IN WORKPLACES
Ethics is about fairness and justice. In the wake of decisions that affect
employee such as those involving pay, promotions, or assignment, employees
often ask, “Was that fair?” Judgments about the fairness or equity of procedures used to make decisions, that is, procedural justice are rooted in the
perceptions of employees. Strong research evidence indicates that such
perceptions lead to important consequences, such as employee behaviour
and attitudes, as well as business outcomes, such as customer satisfaction rating. In short, the judgments of employees about procedural justice
matters. Perceptions of fairness (Cascio 2010) are especially important in the
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context of Human Resource Management (HRM), for example, in the hiring
process, in performance management, and in compensation.
Cascio (2010) observes that fair treatment has been demonstrated
to result in reduced stress and increased performance, job satisfaction,
commitment to an organization, trust, and organizational citizenship
behaviours (OCBs). OCBs are discretionary behaviours performed outside
of one’s formal role that help other employees perform their jobs or that
show support for and conscientiousness toward the organization.
Procedural justice affects citizenship behaviours by influencing
employees’ perceptions of organizational support, the extent to which the
organization values employees’ general contributions and cares for their
well-being. In turn, this prompts employees to reciprocate with organizational citizenship behaviours. These effects have been demonstrated to
occur at the level of the work group as well as at the level of the individual.
In general perceptions of procedural justice are most relevant and
important to employees during times of significant organizational change.
When employees experience change, their perceptions of fairness become
especially potent factors that determine their attitude and their behaviours,
because the only constant in organizations is change, considerations of
procedural justice will always be relevant.
According to Adeyeye (2012), employment relationship revolves
round the outcome value of efficiency, equity and voice. While efficiency is
crucial to the sustainability of all the stakeholders within the framework of
employment relationship, equity and voice are very paramount to the institution of labour. To the workers, in fact, ethical behaviour connotes justice,
equity and voice.
DIMENSIONS OF JUSTICE
Apparently, there is disagreement in the professional literature about the
number of components of the broad topic of work ethics and organizational
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justice. However, this paper considers ethics to have three components:
The first of these is Employee Voice, illustrated by organizational
policies and rules that provide lots of opportunities for employee input to
decisions.
The second is Justice, which refers to the quality of interpersonal treatment that employees receive in their everyday work. Treating
others with dignity and respect is the positive side of interactional justice.
Derogatory judgments, deception, invasion of privacy, inconsiderate or
abusive actions, public criticism, and coercion present the negative side of
interactional justice. Violating any of these elements of interactional justice
leads to decreased perceptions of fair treatment. Evidence, according to
Cascio (2010), indicates that employees’ perceptions of interactional justice
that stem from the quality of their relationships with their supervisors are
positively related to their performance, citizenship behaviours directed
toward their supervisors, and job satisfaction. In practice, when employees
observe an example of organization-level unfairness, they tend to determine
the level of their loyalty and commitment to the organization.
SOME MANIFESTATIONS OF UNETHICAL BEHAVIOUR IN NIGERIAN
BUSINESS ENTERPRISES
While the Nigerian enterprises and workers are equally culpable of unethical
conducts, mention will be made of some foreign organizations and nationals
operating in Nigeria, with particular reference to the Lebanese, and Indians.
This author is not a racist; neither does he hate people of other cultures. He
is a Nigerian with friends that cut across racial boundaries. However, his
anger is with the Lebanese and Indians and their unethical tendencies in
the way and manner workers are treated when in employment relationship
with the former.
The unethical practice that readily comes to mind is that of Alexandria
Ossia, a Nigerian woman, who was brutalized by her Lebanese employer
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(The Punch Newspaper 2014). It is shocking when one remembers that Mrs.
Ossai was six months pregnant at the time of her assault. Ossai, obviously,
symbolizes the predicament of Nigerian workers in many Asian organizations today. She was reportedly beaten over an offence that should routinely
attract a query. It was reported that the woman eventually lost her pregnancy.
The highly celebrated case would have been swept under the carpet
but for the intervention of our dear President Goodluck Jonathan, who
directed the Police to look into the matter. The question is, why should
the police wait until the President ordered an investigation into the matter
before the Lagos Police Command swung into action? While the President
must be commended for the rare but timely intervention, it points to the
failures of policing that a case of such a magnitude would be treated with
levity. It is worrisome that security agents meant to safeguard peoples’ lives
and property have failed in their duties.
Apparently, this disdainful treatment of Nigerian workers is a reflection of how our leaders treat us. Admittedly, some Nigerian employers are
worse than the Lebanese.
It is however, not the Lebanese only that conduct themselves unethically; there have been reports of dehumanization of Nigerians by Chinese
Companies. They pay slave wages and make people work in hostile environments. Unfortunately, our governments, past and present, have largely
ignored this unethical behaviour. There are recorded cases of workplace
unethical practices leading to injuries in many Asian factories in the country.
In many Chinese firms, workers are made to work without observing basic
safety precautions. Hence, Nigerians who work in those organizations have
sustained life-threatening injuries that have led to amputation of limbs and
other parts of the bodies. These injuries are sustained in the course of their
duties. The dehumanizing treatment of Nigerian workers in the hands of
those foreigners is reminiscent of condition of work in pre-industrial revolution Europe.
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In Nigeria, ethical practices and dignity of labour are being violated
despite the relevant factories and industries’ rules and laws of the land
earlier mentioned.
Another prominent case of workplace abuse that resulted in tragedy
was the Ikorodu, Lagos factory fire disaster in 2002. Twenty (20) workers
of a Chinese factory were roasted alive because they were always locked
inside the factory without any outlet in case of any emergency. The workers,
according to Kester (2002), were made to work twelve (12) compulsory
hours with income of less than seventy (70) cents daily. Their salaries were
deducted at will; the women among them did not receive maternity pay
and workers were paid below the minimum wage. (Eighteen thousand
naira monthly)
Coming closer home is the Nigerian system, which encourages
impunity by discharging and acquitting officials of the State, their Relations,
and cronies caught committing the acts of immorality with reckless
abandon. The Police and Railway Corporation Pension Scams are a few of
open manifestation of acts of unethical behaviour meted out to Nigerian
workers, whose pension funds were misappropriated by Officials of the
State (Pen-robbers) whose responsibilities were to safeguard the former’s
economic future. Presidents, Governors, Ministers, Commissioners, and
Chairmen of Local Governments have recently been handled with kids’
gloves and even “honoured” for stealing several billions of naira and for
looting the treasury. Some easily earn chieftaincy titles or honoured with
traditional rulership position in their respective communities. In both
public and private sectors of our national life, the problem has expanded to
the point that anyone who is in a position to enrich himself through corruption (which is a major component of immorality), but decided not to do so,
is derided and jeered at by relations and friends. Thus, in Nigeria of today,
people in authority see their positions as avenues for self-enrichment. A
President, Governor, Minister etc. who accepts “kickbacks” or gratification
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while performing his duties, benefits directly from his unethical activity
to the detriment of national development. Ethics is about “what ought to
be”. When a Minister awards a contract to an incompetent Construction
Company after collecting ten percent or twenty percent of the contract
sum as bribe, he has allowed something which ought not to be, to be. He
has therefore denied the most competent Company the opportunity to
execute the contract and rubbed the nation the necessary advancement and
development.
A messenger that asks for “family support” from someone before
moving a particular file from point ‘A’ to point ‘B’, a Lecturer, who insists
on having amorous relationship with his/her students, before doing his job,
a business man or woman who deliberately supplies poor quality products
in order to maximize profit is an enemy of the nation. All these people have
debased their positions and are guilty of unethical behaviour.
Many more are either not known or are swept under the carpet when
reported.
PRODUCTIVITY, NATIONAL DEVELOPMENT: THE WAY FORWARD
All cries about ethical conducts, boils down to the need to attain
and maintain high level of productivity. The need for high productivity is
generally accepted in all economies and by employers, Managements, and
governments and trade Union Organizations the world over, as a parameter
for measuring success in business concern (Adeyeye 2012). Equitable
management of human resources promotes efficiency, high productivity,
favourable returns, and maximum profits, to enterprises on one hand and
feelings of fair judgment on the part of the employees.
In order to successfully manage the employment relationship in
the Nigeria work organizations, the employers of labour primarily have
an ethical role to play. The employers also have a social responsibility to
manage the employment relationship in consonance with international
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best practices and by so doing, exhibit commitment to the promotion of
employment issues which all stakeholders, particularly Employers and
Managements, must tackle in the interest of industrial peace, harmony and
wider macroeconomic stability and development.
THE WAY FORWARD: CHALLENGES TO GOVERNMENT/EMPLOYER
Listed below, and many more are challenges faced by Government and
Employers of Labour:
i.
Good physical working conditions and Labour Policies: The contemporary sector employment framework and the constraints to its
expansion for greater national development all point to the need for
active Labour policies that are capable of mitigating the high degree of
unethical practices which have become the rule and not the exception
in our economic, political and social activities. Obviously, there is
the need for the urgent review and continued updating of the generality of extant labour laws, from the factories Act and Trade Dispute
Act to the workmen’s compensation Act; for these to properly reflect
the prevailing economic circumstances, including the consumer price
index, for the appropriate benchmarking of the prevailing market cost
of workplace injuries, and any possible punitive award as may be
necessary for the objective of equity, justice and fair play in employment relationship as stressed by Matanmi (2007).
ii.
Corporate Governance: Good corporate governance is considered a
catalyst to ethical standards and holds the key to the achievement of
sustainable national development. To Ige (2012), accountability, transparency, and honesty are the bedrock of corporate governance.
iii.
Justice and Fairness: Since justice is a major component of ethics,
the most important thing the organizations should do is to provide
individuals and groups with the capacity to be heard, a way to communicate their interest upward – a voice system. Voice systems serve four
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important functions:
iv.
1.
They ensure fair treatment to employees.
2.
They provide a context in which unfair treatment can be
appealed.
3.
They help to improve the effectiveness of an organization.
4.
They sustain employee loyalty and commitment. As observed by
Cascio (2012), equity demands equal pay for equal job done.
Accommodation of all shades of opinions and openness in dealing
with all employment issues. The workplace is made up of different
actors with different interests in most cases. This often creates suspicion
and makes conflicts inevitable,
Grievance or internal complaint procedure, by which an employee
can seek a formal, impartial review of an action that affects him or
her, must be instituted.
Ombudspersons, who may investigate claims of unfair treatment
or act as intermediaries between an employee and senior management and recommend possible causes of action to the parties.
Open-door policies by which employees can approach senior
managers with problems that they may not be willing to take to
their immediate supervisors. A related mechanism, particularly
appropriate when the immediate supervisor is the problem, is a
skip-level policy, whereby an employee may proceed directly to
the next higher level of management above his or her supervisor.
Participative management systems that encourage employee
involvement in all aspects of organizational strategy and decision
making.
Committees or meetings that poll employee input on key problems
and decisions.
Senior-management visits, where employees can meet with senior
company officials and openly ask questions about company strategy,
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policies, and practices or raise concerns about unfair treatment.

Question/answer Newsletters, in which employee questions and
concerns are submitted to a Newsletter Editor and investigated by
the office, and then answered and openly reported to the organizational community.

Toll-free telephone numbers that employees can use anonymously
to report waste, fraud, or abuse.

E-mail communication between remote workers, as well as online
bulletin boards.
v.
Value – orientation: value oriented approach to management will
remove unethical and fraudulent actions from organizations, private
and public. Ogundele (2009) notes that an enterprise adopting value –
driven management technique, can manage for profit and also assure
the common good of all. Such an enterprise represents business with a
soul. The organization will be oriented to make it possible for others to
live to their true value and aspirations. Modern sectors and contemporary top labour managers have to “manage by value – human value”.
These values have to be articulated in all organizations, Private, Public,
Local, State, National and Multinational Corporations.
THE WAY FORWARD: CHALLENGES TO EMPLOYEES
The most important requirement of employees is to admit the fact that each
member of the organization performs and feels as total individual and not
just a part of himself/herself, at work. There is the need to know one another
as workers in an organization, father/husband, as manager/wife/mother/
citizen, playing multiple roles as human being for the overall development
of the establishment. To assume this noble position, the employee must
among other things:
i.
Know company’s or workplace written policies. Ask questions
on what is ethical or unethical in the employment relationship if
not comprehensively articulated by the management.
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ii.
Earn his/her income. The syndrome “little work, fat wages”
should be discarded in their psyche
iii.
Keep secret, secret. Official information or classified information
should be regarded as being sacrosanct.
iv.
Be an asset not a liability to employer. He/she must be
resourceful.
v.
Limit personal surfing and discussions to times clearly outside
office hours. Avoid private practice of any kind.
vi.
Do not hesitate to blow whistle. Whistle blowing, means,
disclosure by employees of illegal, immoral and illegitimate
practices under the control of their employers, to persons
or organizations (such as Economic and Financial Crime
Commission) that may be able to do something about it.
Experience has shown that individuals can be conditioned to
behave unethically (if they are rewarded for it) especially under
high degree of poverty and greed, but that the threat of punishment has a counter balancing influence.
vii. Acts of inhumanity to man: All those acts of inhumanity to men
and women at work, should enjoy the attention of Nigerian
Labour Unions (NLC, TUC, NECA, MAN, NACCIMA, etc.), the
security agencies and Human Rights Organizations. They need
to demand for justice on behalf of Nigerian workers. This would
serve as deterrent to other nationals trading in Nigeria.
CONCLUSION
The reality of value judgment from the moral perspective is a universal
phenomenon. However, the paradigms on which such evaluations are articulated vary from one society to another.
Some types of actions, such as kindness, respect for human life and
dignity, honesty, etc. are regarded by virtually everyone and society as
morally right. Corruption, armed robbery, hooliganism, dishonesty and so
on, are condemned by many societies as being morally wrong. Organizations
and the institutions of labour are meant to uphold the moral fabric of the
society and workplace. They must as a matter of necessity, encourage
one another through various means to act in accordance with the ethical
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principles. Doing so, the nation progresses and develops.
Currently, it is noted that official recognition of the worthy principles
of ethics and values is presently resident in the Office of the Special Adviser
to the President on Ethics and Values. To say the least, the introduction
of such a landmark initiative is but a notable achievement of the present
Administration. However, the level of effect of such a Unit that is limited
to the Presidency becomes very minimal. It is advisable that Nigeria has
this as a full Ministry, considering the level of moral decadence and ethical
decay that the nation has experienced.
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Effectiveness. A focus on the contemporary Nigerian Banking Industry.
Pakistan Journal of Social Sciences. URL: http://www.medwell-journals.com.
ISSN: 1683 - 8831
Adeyeye, J.O. (2010). Human Resource Practices: Panacea for tackeing. The
Multiplicity of Challenges posed by Economic Meltdown in the Globalised
Economy. African Journal of Information Technology and Educational Media,
University of Education, Winneba, Ghana, Vol. 2, No 2, pp. 97-92
Adeyeye, J. O. Aina S, & Ige, A. (2012): Globalisation and the Transitional Economy:
Impacts and Effects on African Regional Growth. European Journal of
Globalisation and Development Research. Vol. 9 No. 1, pp. 176 – 185
Aina, S. (1992): Personnel Management in Nigeria: A work Centred Approach, Lagos,
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Aniele, Douglas (2004), “Business Ethics and Corruption”, in Fajana. S. (ed) Global
trends and Industrial Relations in Nigeria, Lagos, Tope Oguns Printers, pp. 103
– 111.
Arene, V.N. (1990) Personality Excellence and Quest for Human Soundness, Emacom
Print Ltd, Lagos, Nigeria
Ayaji, I (1990) The Trapped Economy, Heinemann Educational Book Nigeria Ltd,
Ibadan, Nigeria
Bolaji, S.L. (1985), “Moral leadership and National Development in Adeniyi, E.O
and Titilola, S.O (eds), Leadership and National Development, Proceedings
of National Conference, pp. 25 – 31, Nigerian Institute of Social and Economic
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Cascio, W.F. (2013), Managing Human Resource, Productivity, Quality of Work Life,
Profits, Mc Grand – Hill International Edition, Inc., 1221 Avenue, New York,
U.S.A
Ekpo-Ufot, A (1990) “Exploratory Research on Acts of Indiscipline in Lagos State”,
Unpublished Research Report.
Noe R.A, Hollenbeck, J.R, Gerhart B and Wright P.A (2004) Fundamentals of Human
Resource Management, Mc Grand – Hill Irwin, Inc., 1221 Avenue, New York,
U.S.A
Ige, K, Adeyeye J.O and Aina, S (2011): The Impacts of Policy and Strategic
Management on Macroeconomic Indicators in Corporate Governance.
European Journal of Humanities and Social Sciences – ISSN – 220 – 9425, Vol. 6
No. 1 pp. 207 – 215.
Kester, K.O and Adeyeye J.O (2002) National Minimum wage: Trends, Issues and
Perspectives in Nigeria. The African Journal of Labour Studies. Department of
Adult Education, University of Ibadan, Nigeria, Vol 5, No.1 pp. 1-8
Nzeribe, A (1986) Nigeria: The turning Point, A Charter for Stability, Fourth
Dimension Publishing Co. Ltd Enugu, Nigeria.
Matanmi ‘Segun (2007) Employment Relationships that Endure: Lesson for Nigeria,
31st Inaugural Lecture, Lagos State University, Lagos – Nigeria
Nwakwo, A.A. (1995): National Consciousness for Nigeria, Fourth Dimension
Publishing Co. Ltd, Enugu, Nigeria.
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Muganda, A.A.A. (1999) “The Corruption Scourge in Africa: It’s causes, impact and
control” in Frimpong K. and Jacques, G (eds), Corruption, Democracy and
Good Governance in African: Essays on Accountability and Ethical Behaviour
41-48, South African Universities Social Science Conference, Botswana
Ogundele, O.J.K (2004). Strategies for Restoration of Moral Health in Nigerian
Organizations: A path to National Development, Management Discoveries, A
Quarterly Publication of Management Review Ltd, Vol. 1, Issue 1.
Ogundele , O.J.K, Bolarinwa S.A, Idowu, K.A and Idris A.A. (2009), Social
Responsibilities and Ethics in Ogundele O.J.K, Adeyeye, J.O, Opeifa, A.Z and
Awonyi M.A (eds), Introduction to Business Organization, Second Edition,
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Oluwole, S. (2000) “Ethical Value for Sustainable National Development” in W.E.
Akpieyi and Oludosi (eds), Creating A Quality Environment In Nigeria:
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Osahon, N. (1981). A Nation In Custody Heritage Books, Apapa, Lagos Nigeria
Omotunde, S. (1982) “Ethical Revolution: Talking loud and Saying Nothing”. The
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Sokefun, E.A. (2004), Nigerian Workers and Work Ethic: The Need for Increase
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The Punch Newspaper (2014) How Asians and Lebanese abuse Nigerian workers.
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Raditchokwa, L.L. (1999) “Corruption in Africa: A Function of the Crisis of
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Velasquaez, M.G. (2002), Business Ethics Concepts and Cases, 5th ed, Prentice - Hall of
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> 49 <
3
Sustaining The Nigerian Democratic
Renaissance Through Transparent
Electoral Processes
Surajudeen Oladosu Mudasiru, PhD
INTRODUCTION
T
he discussion of Nigeria’s democratic renaissance should be done
carefully, though not without retrospect to several efforts made
before May 29, 1999. The new democratic experiment being
witnessed within the Country today seemed utopian prior to May 1999 as
the military refused to allow the nurturing of the embryonic democratic
experiment at different points in time. However, the eventual upsurge that
led to the new democratic experiment or renaissance should be understood
within the context of both international and domestic forces. At the international level, the third wave of democratisation within the globe accounted
for the enthronement of democracy in Nigeria. Since the Stalinist regimes in
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Eastern Europe and the former Soviet Union, the Western powers and the
international financial institutions under their control have intensified their
promotional campaign in favour of “democracy” (Nzongola-Ntalaja, 1997).
In the domestic environment, the primary stage of the struggle between
the forces of the status-quo and those of change made the understanding of
the internal environment very crucial as to its effects on the democratisation process, not only in Nigeria but in Africa as a whole. The opposition
waged by several groups within the domestic polity against the military
and the attendant imbroglio that came after the annulment of the June 12
1993 Presidential elections in Nigeria culminated in what is today referred
to as Nigeria’s democracy or put differently, democracy in Nigeria. It must
be stated here that within the democracy movement itself, there is a glaring
contradiction between the deepest aspirations of the masses, who constitute
the rank and file, and the narrow class interests of its leadership.
More than what prevailed in the international scene; the characters
that designed the democratic experiment in Nigeria laid the foundation for
caricature democracy that the country is witnessing today through improper
electoral process. Beginning with the Babangida regime, the transition to
civil rule programme of the Nigerian State (1986-1993) was characterised by
strict regimentation or what Richard Joseph described as extreme political
engineering (cited in Adejumobi, 1997: 125). This was aimed at promoting
a “guided democracy”, in which there is a gradual opening up of the
political space, conceived as essential to evolving the requisite political
framework and democratic processes, and for resolving the intractable
problem of leadership succession and change in Nigeria. Through this, it
is believed by the architects of the transition programme that the design
was to be seen as a learning and design project, through which democratic
values, nuances, and behaviour were to be foisted by the regime and subsequently transmitted to, and internalized by, the political elites in particular,
and the political community in general (Adejumobi, 1997). However, the
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selfish agenda of Babangida and his cohorts did not allow this to manifest.
The electoral process became a machine that was manipulated severally by
Babangida which culminated in the eventual annulment of the June 12, 1993
Presidential elections, adjudged the freest, fairest, and most credible in the
history of elections in the country.
The stepping aside of Babangida in 1993 brought to fore the composition of an interim regime headed by Chief Ernest Shonekan and the
palace coup that followed which brought to power General Sani Abacha in
November 1993. The electoral process of the Abacha years did not, in any
significant way, different from what was experienced during the Babangida
regime. As a matter of fact, electoral arrangement became worsened; the
transition programme structured towards ensuring the enthronement of
Sani Abacha as life president of Nigeria. However, by 1998, Abacha passed
on mysteriously in a manner that no one could explain up till today; hence,
the coming of General Abdul-Salam Abubakar.
The Abubakar transition was expedited to restore civil rule against
the backdrop of political fatigue occasioned by the annulled June 12, 1993
Presidential elections. The People’s Democratic Party, PDP, All People’s
Party, APP, and the Alliance for Democracy, AD contested the 1999 General
elections. While the PDP and ANPP showed relative electoral strengths in
the six geo-political zones, the AD was limited to the Southwest (Seteolu,
2005). The Presidential elections led to the emergence of Chief Olusegun
Obasanjo, a former military ruler, perceived as the outcome of bargaining
among fractions of the power elite. It was also described as restitution to
the Southwest for the annulled elections and the death of Chief Moshood
Abiola, the Presidential candidate of the Social Democratic Party, SDP, who
was deemed to have won the 1993 Presidential elections (cited in Seteolu,
2005: 40).
The inauguration of Chief Olusegun Obasanjo as the democratically
elected President of Nigeria in May 1999 and the “successful” transition
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from one civil rule to another in 2003 portrayed Nigeria as a democratic
State. Subsequently, elections have continued to be held in Nigeria every
four years as an indication of the practice of democracy. However, it is too
simplistic to identify democracy with the holding of elections. Some wellknown Western political theorists have gone as far as defining democracy
itself as the “competitive struggle for the people’s vote”. The question of
democracy goes beyond elections to the realisation of democratic principles
of governance and to the balance of social forces in the political community.
For democracy is meaningless without economic and social rights.
Nevertheless, it is important to stress that the shoddy electoral process
that produced Chief Obasanjo in 1999 has continued to define and nurture
the democratic renaissance despite the numerous attempts to fine-tune this.
This was attested to by the Late President Umar Musa Yar’Adua when he
confessed that the electoral process that produced him as the President was
faulty and therefore requires serious reform. This is an indication that a
process-led and transparent electoral process is a sine qua non to sustaining
democratic renaissance in Nigeria. But how this would be done leaves much
to be desired.
ELECTIONS AND DEMOCRACY: COMPLEMENTALITY OR
CONTRADICTION?
It has become popular to attribute elections as an important aspect of
democracy. This notion has been carried to the extent that people believed
that there could not be democracy without elections. With this kind of
notions, it is suggestive to say that either elections or democracy is an end
in itself. Whereas, the reality is that neither elections nor democracy can be
seen as an end in itself but a means to an end. While election is a means to
democracy, democracy on the other hand, is a means to good governance
and social rights of citizens. It has been suggested that the link between
election and democratic rule is no more than a tenuous one. This is in
the light of the reality that democratic systems do collapse in spite of the
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holding of elections, indicating that the ritual of elections is not enough to
sustain democratic practice (Olaitan, 2005). This should be taken within the
context that elections do not necessarily guarantee worthwhile democratic
rule. Caution should be taken in focussing on elections as the primary
barometer for measuring democratic rule. Otherwise, one may be blindfolded to follow the argument of the Western world in their judgement of
what constitute democratic rule in the Third World. By this judgement, the
Western World believes that periodic election as seen in most developing
nations after the third wave of democratisation defines their democratic
orientation and therefore, groups them among democratic nations. This
may not be true after all. There are situations where elections do not follow
the best practices in terms of its conduct and the outcomes do not follow the
people’s wish, yet they are upheld and considered as an integral aspect of
the electoral processes.
While it may not be absolutely true to consider elections as the major
issue in a democratic rule, it is also true that election is at the heart of the
modern conception of democracy following from the inability of the modern
society to accommodate the classical democratic notion of involving every
citizen in decision-making (Joseph, 1987). This is why Schumpeter has
argued that modern democratic rule is about ‘that institutional arrangements
for arriving at political decisions in which individuals acquire the power to
decide by means of a competitive struggle for the people’s vote’ (cited in
Olaitan, 2005: 44). The implication of this position is that democracy is not
conceivable as the government of all the people participating in government
all at the same time given the vast number of people populating political
entities in the modern time, making it possible for a device to be put in
place whereby those in government would be the representatives of the
people and thereby still advance the cause of democracy. That device – ‘the
institutionalized procedure for the choosing of office holders (representatives) by some or all of the recognised members of (a) ... society’ (Rokan,
1970: 147) – is election and represents the defining characteristic of modern
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democracy to the extent that representatives of the people could only be
chosen through such a device (Olaitan, 2005).
The primary function of election within the democratic enterprise is,
therefore, assured in the sense that it is impossible to realize the classical
requirement of involving everybody in governance under democracy, such
that it is only through election and meaningful representation that the main
requirement of democracy that the power of governance would be ‘vested
in and ... derived from the people’ (Lawal, 1997 cited in Olaitan, 2005) could
still be realized by ensuring that those in government derived their power
and legitimacy from the people and that they are ultimately responsible
to and controlled by the people. It is in this regard that election is seen
as an important starting point for the existence of democracy, making it
possible for democratic government to be ‘by persons freely chosen by and
responsible to the governed’ (Joseph, 1987: 18). This is a vital characteristic
of liberal democracy.
As observed by Agbaje and Adejumobi (2006: 26), “In liberal democratic
theory, an election is a viable mechanism for consummating representative government. Apart from facilitating leadership succession, it promotes
political accountability, citizen’s participation and gives voice and power
to the people”. In other words, elections are an expression of the people’s
sovereign will.
However, scholars such as Claude Ake (2000) argue that elections are
a perversion of democracy because they connote popular but not delegated
power. Ake’s argument is in agreement with Rosseau’s popular democracy
where every member of a society participates in decision making. The reality
however is that the nostalgia of direct democracy which Ake recounts is
problematic in a complex and complicated post-modern society (Agbaje and
Adejumobi, 2006). It is important to stress that liberal democracy itself may
not be capable of resolving emerging challenges confronting it as a result of
idiosyncrasies of elections. Liberal democracy is in crisis in many countries,
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developed and developing (Adejumobi, 2002). In the developed countries
the level of citizen participation in the electoral process is dwindling, largely
because real choice is limited and the people feel a sense of powerlessness
rather than satisfaction. In developing countries, especially in Africa, as
pointed out by Agbaje and Adejumobi, elections are riddled with tension,
conflicts, crises, and fraud such that it is difficult to use them as a barometer
of the people’s choice. Hence, the euphoria of the second wave of democratisation in Africa is receding. As observed by Adejumobi (2000), yesterday’s
icons who led civil society in the struggles for democratic renewal have been
transformed into the images of those against whom they fought. They have
assumed dictatorial postures; they manipulate elections and tend towards
sit-tight regimes. In a nutshell, elections are fast becoming a shadow of
democracy.
Nevertheless, in spite of these generally worrying trends in electoral
politics and the democratic projects in Africa, albeit other developing
countries, there are points of encouragements. Countries like South Africa,
Ghana, Liberia and Sierra Leone, have conducted very successful elections,
generally acclaimed to be free, fair, and transparent. Surprisingly, Nigeria,
acclaimed to be the giant of Africa, is not among those countries that have
overcome the challenge of elections in her democracy.
ELECTIONS AND DEMOCRACY IN NIGERIA
While there are countries in Africa that have surmounted the challenges of
elections in their democratic projects through transparent electoral process,
there are also countries in Africa in which democratic rule tend to collapse
through disputes over elections. The Nigerian situation would seem to
perfectly reflect or mirror this condition given that Nigeria’s romance with
democracy has always floundered at the altar of elections (Olaitan, 2005).
Beginning with the First Republic, the Independence bequeathed to
Nigeria in 1960 by Britain was fast to crumble as a result of elections held in
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1964 and 1965. The results of the elections were greatly disputed by many
of the parties with accusations and counter accusations of rigging and
manipulation of the results. Both the Federal Government and the regional
governments emerging from the disputed elections had their legitimacy
questioned with very many Nigerians rejecting their emergence (Ibid.).
This culminated in the attempts made by those who were adversely affected
to work for the collapse of this government. The attempts turned violent
especially in the western Region. This is not to say that there were no other
conditions that led to the upturn of the government in the First Republic.
Corruption and structural imbalances also accounted for the crisis of this
period. Nevertheless, the nature and dimension of corruption of this period
were not sufficient to dismantle the democratic structures of this period,
such that it took the violence that followed the disputed 1964 and 1965
elections to see to the collapse of the Republic with the military intervening
on January 15, 1966, to take over the reins of government in order to stop the
apparent slide into anarchy (Ibid.).
The Second Republic, which started in 1979, did not succumb to the
myriad of problems militating against it like corruption and the persisting
structural imbalances in the polity, but caved in under the pressure of
the disputed accompanying 1983 general elections which the then ruling
political party, the National Party of Nigeria (NPN) was said to have won
with a landslide. It is instructive to note that agitations of rigging and other
election malpractices did not evade the 1979 elections, however, many were
prepared to give the Republic a chance to survive by not actively seeking the
collapse of the democratic structure, but this initial attitude was jettisoned
in the aftermath of the 1983 elections given the high level of rigging and
manipulation that characterised the elections. Not minding the fact that the
1983 attempt was the country’s second attempt at transiting from one civil
rule to another after Independence, the other political parties could not see
themselves as having any further stake in the existing democratic structure
since the system had prevented the election from truly representing and
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reflecting the will and wishes of the people and therefore had no inhibition
working for the collapse of the system. Hence, by December 31, 1983 the
military struck again and took over the reins of government.
The Third Republic was purely and strictly a military affair. It was
full of manipulations by the military junta of General Ibrahim Badamasi
Babangida. It started with the inauguration of a political bureau in 1986
which designed and suggested the political path the country should follow
to stay away from the negative political history of the past. However, the
transition programme was delivered still-born through the annulment of
the June 12, 1993 Presidential election results by the supervising military
government of General Babangida. As earlier pointed out in the introductory section of this paper, the election of June 12, 1993 was adjudged the
freest, fairest and most credible election ever conducted in the annals of
Nigeria. Despite the wide acceptability of the election, both at home and
abroad, the election remained inconclusive and the acclaimed winner of the
election, Bashorun MKO Abiola was incarcerated and later died during the
incarceration.
The Fourth Republic, which emerged since 1999 through the transition programme initiated by General Abdul-Salam Abubakar, is already
being threatened to flounder on the basis of election malpractices. There is
no point denying the fact that the 1999 general elections were conducted in
a hasty atmosphere without any constitutional backing and with improprieties of different sorts. The anxiety to have democratic rule as opposed to
military dictatorship played down the conflicts that would have generated
from the 1999 elections (Mudasiru, 2005). However, beyond the 1999 general
elections which was fraught with malpractices, other elections that have
been conducted in Nigeria since the beginning of the Fourth Republic have
also been fraught with improprieties of high magnitude, including the 2003
general elections in the country. The 2003 general election was particularly
emphasized because of its peculiarities in the country. First, it marked the
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first attempt by the country to transit successfully from one civilian rule
to another. Second, it marked the manifestation of the phenomenon of
retired military Generals in the democratic political setting of the country
(Mudasiru, 2005). Both the elections of 2003 and 2007 were fraught with
serious electoral deficiencies due to lack of proper electoral system.
The 2011 general elections were a bit different from the previous
elections because of the change in the structure of the election management body in the country, to which the present Administration deserves a
commendation. Apart from this, the need to play by the rule of the game
was established by the newly restructured EMB under the leadership of
Professor Attahiru Jega. This explained the fact that the only way to ensure
the sustainability of democratic renaissance is to have transparent electoral
system.
DEMOCRACY, ELECTORAL INSTITUTIONS AND THE ELECTORAL
PROCESSES IN NIGERIA
The long years of military rule in Nigeria seems to have obscured the
political sensitivity of Nigerians to the extent that fifteen years after the
enthronement of democracy, the country is yet to conduct transparent and
credible elections devoid of any form of improprieties. This is due largely
to the nature and character of the electoral politics and institution put in
place to govern elections in the country. It is important to stress that the
interplay of power structures and processes is central to electoral outcomes.
Public confidence in electoral outcomes is determined by the extent to
which structures and processes are institutionalised and made non-partisan
(Agbaje and Adejumobi, 2006). Therefore, as observed by Omotola (2010),
the importance of electoral governance, defined as ‘the widest set of activities that creates and maintains the broad institutional framework in which
voting and electoral competition take place’ to democratic transition and
consolidation cannot be overemphasized. Electoral governance is a comprehensive and multi-tasked activity, involving the three levels of rule making,
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rule application, and rule adjudication. He explains further that rule
making involves designing the basic rules of the electoral game; rule application deals with implementing these rules to specifications to organize
the electoral game; and rule adjudication entails resolving disputes arising
from the game. On the whole, electoral governance involves ‘the interaction
of constitutional, legal, and institutional rules and organizational practices
that determine the basic rules for election procedures and electoral competition; organize campaigns, voter registration, and election-day tallies; and
resolve disputes and certify results. This explains the nexus between power
structures and processes and electoral outcomes that Agbaje and Adejumobi
referred to. All these are tasks for election management body put in place to
oversee the conduct of election in any country, including Nigeria.
The primary responsibility for election management in Nigeria resides
in an electoral body. This body has the responsibility for constituency delimitation, registration of voters, registration of political parties, organization
of elections, and the declaration of results (Agbaje and Adejumobi, 2006).
Perhaps, what the duo did not include in their description of the functions
of the electoral body is voters’ education. Although, this has continued to be
a source of controversy between EMBs and political parties on who should
conduct voters’ education. However, this is seen in Nigeria as a responsibility of the election management body. Thus, the body requires special
laws to function autonomously and independent of the state power. This is
because the body is expected to operate as a neutral umpire in determining
the results of elections without any fear or favour as the case may be.
As noted by Omotola (2010: 5),
... whether electoral governance will contribute to democratic consolidation or regression will depend on the independence and professionalism
of electoral institutions, particularly the EMB, because institutional structures that promotes a ‘level playing field’ at each stage of the electoral
process will enhance the extent to which voters perceive their elections
to be fair.
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It is important to stress that EMBs are part of ‘a set of institutions
and rules that together determine the probity of electoral processes, and
in emerging democracies, where administrative processes are weak and
distrust across political actors is high, their role at the centre of electoral
processes tends to be more visible (Agbaje and Adejumobi, 2006). The
electoral management body in Nigeria has continued to be an instrument
of manipulations by successive administrations. To this extent, the election
management body has continued to wear different nomenclature from
different administration. Between 1959 and 1999 the EMB was renamed six
times. Before the civil war it was the Electoral Commission of Nigeria (ECN,
1959-63); then the Federal Electoral Commission (FEC, 1963-66). In the latter
part of the 1970s it was the Federal Electoral Commission (FEDECO, 1976-79).
During the Babangida regime (1986-93), it was renamed the National
Electoral Commission (NEC). General Sani Abacha (1993-98) replaced the
NEC with the National Electoral Commission of Nigeria (NECON), while
General Abdul-Salam Abubakar, Abacha’s successor (1998-99), rechristened
it the Independent National Electoral Commission (INEC) (Omotola, 2010:
6).
Apart from wearing different nomenclature at different times, it has
also been reconstituted endlessly; in 1958, twice in 1963, 1964, 1977, 1981,
1987, 1989, 1993, 1994, 1998, 2000, and 2004. Despite all these restructuring,
it is noteworthy that the EMB has not been able to administer elections
effectively, and its autonomy and capacity over the years have been suspect
(Agbaje and Adejumobi, 2006).
As observed by Omotola (2010), three major indicators of lack of
autonomy are identifiable. The first is its composition, which is the prerogative of the President. Since 1999, INEC has been composed of a Chairman,
twelve national commissioners, and 37 resident electoral commissioners,
one each for the 36 states of the federation and the Federal Capital Territory,
all of whom are appointed by the federal government. This makes INEC
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easily susceptible to manipulation by the federal authorities. The oversight
role expected of the legislature in the screening of presidential nominees
for INEC positions is rendered impotent by the fact that the party that has
a legislative majority will demonstrate sufficient power to secure its wishes
in Parliament.
The second indicator relates to the insecure tenure of the INEC
Chairman and Commissioners. Job security generally increases the stakes
officials have in the electoral process: if they mess up the process, they may
lose their positions. Unlike in Ghana, where the Chairman of the Electoral
Commission and the two deputies have security of tenure (they enjoy the same
terms and Conditions of Service enjoyed by Justices of the Court of Appeal
and cannot be removed arbitrarily until retirement age of 70) (AgyemanDuah, 2005 cited in Omotola, 2010). In the case of Nigeria, electoral officers
statutorily occupy office for five years, renewable for another term. They
can, however, be removed by the President on flimsy grounds. This was the
fate of two successive Electoral Commission Chairmen under Babangida,
namely Professors Eme Awa and Humphrey Nwosu, who were removed
from office in 1989 and 1993 respectively in questionable circumstances
(Omotola, 2010). The former was removed for his uncompromising stance
in the management of the Electoral Commission, and the latter following
the military government’s decision to annul the June 12 1993 Presidential
elections contrary to the position of the Commission (Ibid.).
The third issue relates to the funding of the electoral body. As
observed by most political scientists, an independent EMB would require a
consolidated account, where a specified proportion of the federal revenue
is allocated and under the direct control of INEC. In this way, the EMB
can enjoy independent funding, thereby limiting the financial control the
Executive can exert. In Nigeria, however, this is not the case. Under the
current regime, INEC does not have an independent budget or sources
of funding, but instead depends almost entirely on the Presidency. This
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significant financial control contributes to the inability of INEC to make
adequate, timely planning and preparations for successful elections.
INEC’s capability has been severely constrained in other ways. Two
primary indicators are the appointment of people without sufficient professional and intellectual competence to lead the body. For instance, Professor
Maurice Iwu, the recently removed national Chairman, had no professional
experience in electoral management and had a Health Sciences background.
The second is INEC’s reliance on the use of ad hoc staff, who are usually
hastily briefed for a day about their duties. After every flawed election,
the tendency has been for INEC to lay the blame on the doorstep of its
temporary staff, rather than accept responsibility at the leadership level.
Worst still, INEC reflects the centrist proclivities of the federal
democracy. The most visible evidence of this over-centralisation of power is
that INEC has responsibility for the administration of all Federal and State
elections as well as Presidential and National Assembly contests, it supervises gubernatorial and House of Assembly elections across 36 States. The
only responsibility assigned to the State Independent Electoral Commission
(SIEC) is the administration of Local Government Elections (Omotola, 2010).
There is no gain saying the fact that the barometer for measuring the
success or failure of any electoral process is the conduct of the elections
over a period of time. The problems of democratic transition in Nigeria,
albeit other African countries, are deep-rooted in the conduct of elections.
In this manner, politicians, political parties and Several other actors in the
electoral process work against the interest and wishes of the people to
perpetuate their evil machinations. In this context, the way of doing politics,
in the words of Max Weber, is not to live for it, but to live from it (cited in
Adejumobi, 1997). Politicians, therefore, assume the role of political entrepreneurs who invest heavily in politics, with the aim of claiming super
profits and dividends in the ruthless appropriation of state resources. In
other words, politics is viewed only in terms of the allocation of resources,
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that is, who gets what, when, and how and, how much – a political game
which inevitably assumes a consumerist dimension. Thus, political parties
serve as nothing but political instruments for the continuation at all cost
of an electoral warfare, in which the end justifies the means, fair or foul. In
this regard, political parties are conceived as analogous to a private army
or militia organized to fight an ominous electoral battle. Neither the constitutive nor regulative rules of politics or elections are valued or respected.
Extra legal means become the permissive rule of elections. Billy Dudley
(1982: 70) puts it poignantly, noting that the Election did show that for the
political elite, power was an end in itself and not a means to the realisation
of some “greater good” for the community and whatever instrumentalities
employed in the pursuit of power, such instrumentalities were legitimate.
It follows from this, that any talk about “rules of the game” must be irrelevant. For to talk about rules of the game is to presuppose some end or ends
which rules are intended to sub-serve but there can be no such ends since
power has been taken as an end in itself. The only possible kind of ethics
thus becomes that of privatisation, the pre-occupation of the individual
with his personal rather than his social solution.
The electoral process, as observed by scholars, includes voter registration, political campaigns, voting, the declaration of election results, and
post-election petitions and complaints. It also includes the electoral law
itself. Many of these processes have been very controversial. Two major
examples are instructive. In 2001, the INEC proposed an Electoral Bill to
the National Assembly for consideration and passage into law. The bill was
very controversial and elicited diverse negative reactions from civil society.
On 21 July 2001, thirty-five Civil Society Organizations formed the Electoral
Reform Network (ERN) to ‘coordinate their legislative advocacy on the draft
Electoral Bill 2001 and to ensure that a level playing ground for the 2002 and
2003 elections is created (ERN, 2001). In a memorandum to the National
Assembly on the Electoral Bill, the ERN (ERN, 2001: 1) noted:
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INEC draft Electoral Bill in its present form will definitely stultify the
electoral process, instead of opening up the democratic space. Apart from
the excessive powers conferred on INEC, there are many provisions which
will not engender popular participation. It is with a view to liberalising the
process that the following memorandum was arrived at.
This made obvious that INEC did not relate with the Civil Society
Organizations and other stakeholders before proposing the Electoral Bill.
Consequently, the Electoral Bill generated serious controversy during the
passage. Some provisions of the Electoral Bill and the politics that surrounded
its passage exposed the plans of the power elite to limit democratic space,
and pursue a narrow political agenda at the expense of the Nigerian people.
Three controversial issues based on the recommendations of the Senate
Committee on INEC emerged. First is the order of elections. The recommendation was that Presidential elections should be held first, followed by
the National Assembly, Governorship and Local Government elections. The
politics behind this was that both the President and the National Assembly
wanted to secure their re-election before the turn of the governors; because
the State Governors have become very powerful and if elected first might
use their local political machinery to thwart the political ambitions of the
National Assembly members and the President for re-election.
The second controversial issue was the attempt to extend the life
of Local Government Assemblies from three years to four by amending
Section 7 of the 1999 Constitution which gave the States exclusive power to
legislate on Local Government matters. The essence of it was to remove the
control exercised by the States over Local Governments, and thereby open
the local political arenas to political contestation and control by national
level political actors (for example, members of the National Executive and
National Assembly) given the crucial importance of Local Government
structures as instruments for mobilising grassroots support for the electoral
success of all politicians.
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The third issue centred on Clause 80(1) of the Electoral Bill. This clause
was meant to limit the space for party registration. The draft provision
reads ‘at the close of nomination for the general elections, any political
party which fails to sponsor at least fifteen percent of the candidates for the
Councillorship, Council Chairmen, and State Houses of Assembly respectively throughout the Federation spread among two-thirds of the States of
the Federation and the Federal Capital Territory, shall not participate in
general elections’. This provision was bad enough; however, before signing
the bill into law the President unilaterally amended it to read as follows:
A registered political party must win at least fifteen percent of the chairmanship and councillorship positions in the federation, spread among
two thirds of the States and Federal Capital Territory to participate in
general elections.
This provision set new rigid conditions that virtually disqualified
new political parties; because Local Government elections were to be held
last; therefore setting performance criteria as condition for participation
in higher level elections (Presidential, National Assembly, Governorship,
and State House of Assembly) automatically disqualified most new parties
from contesting the elections in 2003. It took a Supreme Court judgment in
October 2002 to free the political space for new political party registration
which immediately saw twenty-seven new parties registered. Evidently,
parochial political interests dictated the passage of the Electoral Act 2001,
(and its subsequent amendment in the form of the Electoral Act 2002) rather
than genuine political commitment to enhance the electoral process and the
growth of democracy in Nigeria (Agbaje and Adejumobi, 2006).
Voter registration, as Jinadu (1997: 9) has observed, is a crucial phase in
the electoral process which political parties in Countries like Nigeria view
as a first step in positioning themselves to win elections. Consequently, they
go all out to mobilise their cadres for the exercise. Indeed, the manipulation of the voter registration process either through multiple registrations,
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registration of underage persons, and denial of registration to opposition
supporters or inflating the voters’ register constitute a major step in election
rigging. In Nigeria voter registration exercises have often been utterly
flawed. In September 2002, and January 2003, INEC conducted a computerised voter registration exercise which was riddled with poor organization
and serious malpractices. According to LeVan, Pitso and Adebo (2004: 33),
‘voter registration suffered several setbacks that affected overall enfranchisement and therefore confidence in the electoral process. Problems
included logistical delays, insufficient staff training, and lack of security
at registration centres, poor voter education campaigns and other flaws’.
Malpractices were rampant, including cases of hoarding of registration
forms and cards with the aim of selling them to politicians, and creating
artificial scarcity of registration materials. This situation was admitted by
then Information Minister, Jerry Gana, who remarked that the exercise was
plagued by ‘serious malpractices’ (ibid). After the registration exercise the
voters’ list was not published as required by the Electoral Law, thus denying
many Nigerians the opportunity of verifying their names. It was therefore
strange, according to Peter Lewis (2003: 141) that ‘The Commission finally
claimed to have registered 61 million voters, thereby crowning a glaringly
troubled and tangled process with a success rate of 100 percent – improbable, to say the least’. It became obvious later that the voter registration
exercise was a prelude to the grand electoral fraud that characterised the
2003 general elections.
Political parties constitute another important institution in the electoral
process. Historically, Nigeria’s political parties have been leaning towards
ethnic sentiments, with the major parties having strong ethnic support. The
Action Group (AG), Northern Peoples Congress (NPC) and the National
Council for Nigerian Citizens (NCNC) which had emerged in the first
Republic, metamorphosed in the second Republic as the Unity Party of
Nigeria (UPN), National Party of Nigeria (NPN), and the Nigerian Peoples
Party (NPP) respectively. However, in 1989 the Babangida regime dissolved
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all the political parties that had applied for registration under his transition programme, and imposed a two party regime – the Social Democratic
Party (SDP) and the National Republican Convention (NRC) on the country.
When that political transition programme collapsed with the annulment of
the June12, 1993 Presidential elections, the cloned political parties followed
suit.
Subsequently, three political parties emerged from the General
Abdusalami Abubakar political transition programme launched in 1999:
the Peoples Democratic Party (PDP), the All Peoples Party (APP), which
was later renamed All Nigeria Peoples Party (ANPP), and the Alliance for
Democracy (AD). Significantly, these three parties reproduced the political
tendencies of the two defunct parties that preceded them. The PDP turned
out to be a party for retired military and Police officers, buccaneer capitalists, old politicians of the conservative NPN stock and former technocrats.
The AD is led by remnants of the UPN, who are mostly ethnic ideologues
and erstwhile pro-democracy activists, all of whom make claims to the
Obafami Awolowo political dynasty. The ANPP on the other hand, has
its origins and support-base in the North; it relies on ethnic and religious
symbols for political support, and has in its leadership apologists of the
Abacha regime, retired soldiers and religious irredentists. The nature of all
three main political parties is captured by Lewis (2003: 134):
The nebulous party system has little to do with any distinct ideologies,
strategies, or sectional appeals. The major parties are relatively diverse in
their leadership and constituencies, but remain focused on elite contention
and patronage. Ethnicity is still a crucial vehicle for political mobilization.
Personalities and clienteles’ networks predominate; internal discipline is
weak; internecine battles are common. Politics is ‘winner-takes-all’ because
public office is still a high road to personal enrichment by dubious means.
The lack of internal democracy in these parties is most subversive of
democracy in Nigeria, especially elections. Atiku Abubakar, a prominent
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member of the political class and the nation’s Vice President, apparently
suffering from the torrents of ‘war’ and marginalisation in his own party,
lamented the lack of internal democracy in Nigerian political parties
generally, and within his own party in particular. He noted (Abubakar 2005:
4):
An essential element in promoting free and fair elections in the country is
the free and fair conduct of party nominations. Most elections are ‘rigged’
before they occur because candidates are eliminated through various methods.
These include subverting party constitution and rules, the use of thugs,
corrupting party officials to disqualify, or annul the nomination of some
candidates and other illegal methods of distorting the wishes of the
electorate (cited in Agbaje and Adejumobi, 2006: 36).
Above all, Nigeria’s political parties are riddled with internal strife and
multiple crises. The situation in the PDP exemplifies a general tendency. A
manifestation of the crisis within the PDP is the high turnover of the party
chairmanship. In six years, the party produced four party chairmen. The
president is apparently the sole power in the party, and is referred to as the
‘party leader’, a position not provided for in the party’s constitution. With
his position as the President of the nation and party leader, he could remove
Party Chairmen at will. The October 2005 Congress of the PDP amply demonstrated the perfidy that characterises the internal organization of the party.
In an unprecedented but questionable manner, a non-elective National
Executive Committee of the party dissolved the membership of the Party
and directed all members to re-apply. Evidently, the re-registration exercise
was a power game by the President and the National Executive Committee
to seize control of the party. Some members of the PDM (Peoples Democratic
Movement – a caucus of the PDP), including the Vice President, were denied
registration in the party. With what people believe to be questionable party
membership list, the party proceeded to organize a party congress which
was characterised by rancour and violence in virtually all the states of the
federation (see Guardian, 21 October 2005; Madunagu 2005). Obi (2005: 56)
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summarises the picture that emerges of the PDP from its national congress:
In the PDP of today, all known rules of democracy have been thwarted.
The party does not care a hoot about the processes of election or selection.
It violates them at will. In the party, it is not the people that make choice; it
is the few who have seized the instruments of power that impose their will
on the people. If democracy is to throw open the polity for mass participation in political affairs, the PDP has shrunk the political space, thus making
democracy look like a closed shop. The sins of PDP against democracy are
legion.
The Guardian newspaper, Nigeria’s most authoritative national daily,
summed it all up in an editorial in 2005 when it noted that ‘if the PDP cannot
submit itself to the rule of law and due process, then it cannot be entrusted
with the country’s constitution’ (Guardian, 21 October 2005).
Therefore, in the context of a weak electoral body, a perverted electoral
process and undemocratic political parties, the stage is set for flawed
elections. Thus, the 1999, 2003 and 2007 elections, like virtually all the
preceding elections in Nigeria’s post-colonial history, were classic cases of
electoral fraud. The 2007 general election was generally perceived to be the
worst in the history of election administration in Nigeria, with both local
and international observers concluding that it was badly flawed. According
to Ojo (2007), the beneficiary of the elections, Alhaji Umaru Yar’Adua,
admitted that the nation’s electoral process lacked credibility and that the
2007 elections fell short of international standards. In the words of Yar’Adua,
“The April elections were so heavily marred by vote rigging that European
Union observers said they fell far below basic international standards and
were not credible” (cited in Ojo, 2007: 21).
This general opinion, as President Yar’Adua admitted, compelled the
new Administration to inaugurate a 22-man Electoral Reform Committee
headed by a former Chief Justice of the Federation, Mohammed Lawal
Uwais. The Committee had one year to carry out its task and submit its
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report. However, there was criticism in the composition of the committee
as some members of the public cried foul of non-inclusion of politicians
in the committee to reform the electoral process in which the major actors
are the politicians. As sensitive as this may be, President Umar Yar’Adua
decided to put in place Inter Party Consultative Committee on Electoral
Reform in 2008 chaired by the then Vice-President and now President
and Commander-in-Chief of the Armed Forces, President Goodluck
Ebele Jonathan. It is interesting to note that the Report of the Committee
was submitted in December 2008. In spite of the fact that the Committee
went round the country, collected and collated memoranda from a wide
segment of the society and presented a detailed report that has been widely
accepted as a credible alternative to revamp the nation’s electoral and
political systems, observers continued to be shocked at unabated irregularities that had characterised all rerun and local elections conducted since
the inception of the present Administration. President Yar’Adua’s rejection
of the most critical and important recommendations of the Uwais’ Panel
report also smack of gross hypocrisy on the part of the government. It thus
appeared that once the Supreme Court had concluded that the April 2007
Presidential elections were ‘acceptable’ in law, President Yar’Adua acquired
the legitimacy that was originally lacking and thus there need not be any
commitment to electoral reforms as originally touted.
SUSTAINING THE NIGERIAN DEMOCRATIC RENAISSANCE THROUGH
TRANSPARENT ELECTORAL PROCESSES: THE WAY FORWARD
It is no longer news that Nigeria operates a democratic rule having succeeded
in transiting from one civil rule to another and with the democratic nuances
operated in the country for over one and a half decades. This is not to say
that there are no challenges to the present democratic rule in the country.
Large scale corruption and lack of accountability on the part of the public
office holders and the need to use military personnel to handle the task
of Police in some parts of the country is still a problem. Meanwhile, it is
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commendable that the conduct of periodic elections and institutionalisation of democratic structures confirmed the existence of democracy in the
country.
The conduct of the 2011 general elections marked an important
departure from the familiar trajectory of politics and elections in the
country. Departing from Nigeria’s history of flawed elections and oligarchic
control, the 2011 general elections offered a broadly credible and competitive exercise across most States of the Federation. Encouraged by national
leaders, an increasingly able and autonomous Independent National
Electoral Commission (INEC) fostered watershed reform of the electoral
process (Lewis, 2011). Popular engagement and the mobilisation of Civil
Society enhanced the validity of the process. Elections for Legislative,
Executive, and State-level offices fostered a more open political landscape
that significantly eroded the dominance of the ruling PDP while enhancing
the prospects for opposition parties (Ibid.). Attahiru Jega, INEC Chairman,
and his team won plaudits for instituting important reforms, including
the voting procedure; the introduction of the idea of Community Mandate
Protection to prevent malpractice; and the prosecution and sentencing of
officials, including the electoral body’s own staff, for electoral offences.
There were also grounds for pessimism: the upsurge of violence in several
States, encouraged by politicians and their supporters who feared defeat; an
ambiguous and confusing legal framework for the elections; and a flawed
voter registration exercise, with poorly functioning biometric scans, that
resulted in an inflated voters roll.
What this signifies is that the need to conduct free, fair and credible
elections is a function of transparent electoral processes. This is important
to sustain the little achievement the country has recorded in its democratic
renaissance, especially through the unrelenting efforts of the Jonathan
Administration, and to improve democratic consolidation. The question
that readily comes to mind here is, how can this be done?
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In sustaining the democratic renaissance, it is important to understand that a transparent electoral process is a sine qua non to democratic
consolidation. As observed by Ojo (2007), the electoral system in Nigeria
is in dire need of reform, but if such reform is not to be a mere cosmetic
exercise it must be profound and touch on virtually all aspects of election
administration.
How do we foster a transparent electoral process in Nigeria? First,
there is the need for institutional reform. INEC must be independent and
be seen to be independent, not merely in name but structurally, legally, and
financially. To attain this, it must be detached from the apron strings of the
executive arm of government. Appointment of the Commission’s Chairman
and State Resident Electoral Commissioners should not be the exclusive
preserve of the President, because he who pays the piper will definitely
dictate the tune. To totally avoid partisanship a separate body has to be
inaugurated that will recommend nominations to the National Assembly.
Second, INEC personnel should have security of tenure once
appointed, as does the Chief Justice of the Federation. Where it is difficult
to ensure the security of the Electoral Commissioners, the Chairman of the
Commission should be made to enjoy security of tenure. It is by so doing
that the Chairman of the Commission can be trusted to carry out its function
without any fear or favour.
Third, the Commission’s financial autonomy is of paramount importance. It is no longer news that the delay in the release of fund for the
Commission’s assignment, in most cases, is responsible for the failure of the
Commission in ensuring promptness in the delivery of its services, particularly, election materials during voting, and voters’ registration materials
which ordinarily should be done on a continual basis.
Fourth, the Commission should be relieved of a number of functions,
particularly the security and financial screening of candidates. As stipulated
in the Uwais Report, there should be other institutions created to perform
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these functions in collaboration with INEC. For instance, countries where
credible elections have been conducted have these functions assigned to
other institutions of the State thereby allowing the election management
body to concentrate fully on the assignment of conducting and administering elections. This can be seen in the case of Ghana and Sierra Leone.
Fifth, the need to reform party politics is of essence if democracy
should be sustained in the country. The present state of party politics is not
healthy for the consolidation of democracy being advocated. To perform
this, there should be a training ground for democrats. This process begins
with the conduct of primary elections. At critical moments before the last
election, most parties failed in the conduct of primary elections, causing
disharmony among their members and unnecessarily heating up the polity.
In terms of the mobilisation and sensitisation of the citizenry prior to
election, the parties could not live up to expectations. If this is done, it will
also put an end to the issue of cross-carpeting among members of different
political parties who have been elected into positions on the platform of
their original political party. It is important to stress that political parties
follow specific ideological pattern that expose the members to the specific
principles and programmes of the party.
Sixth and complementary to the above, campaigns should be enlightened and issue-based, instead of being used to impugn other parties and
their representatives. Interestingly, not many Nigerians can immediately
identify the symbols of the 50 political parties, let alone describe their
manifestoes or ideology. It is imperative that parties educate their members.
Seventh, it could also be suggested that the judicial system must be
altered to allow for speedy trials for electoral offences and hearings of grievances immediately after an election and before the inauguration of a new
government. A system in which an interloper can hold sway for a lengthy
period before justice is done is inadequate.
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Another important area where reform is imperative is security arrangements for elections. Security agents must be properly trained in the roles
they are expected to perform both during and after an election. Security
agents must be seen to be impartial and must resist being used for election
rigging.
In addition, the influence of money in politics should be reduced to the
minimum. Such an influence for now is too pervasive and reform should
focus on the phenomenon of vote buying and vote selling.
CONCLUSION
The paper has succeeded in extrapolating the problems associated with the
political history of the country in terms of elections and election administration in the post-colonial Nigeria. It has been able to display the failure
associated with the political environment as a result of the dysfunctionality of the electoral system. Beginning, particularly from the 1964 and 1965
general elections in the country, it was obvious that the misplacement of
priority in terms of electoral activities was responsible for the failure of the
polity. The role played by the military in this regard cannot be over-emphasized. The role of the military in the political history of the country turned
the country into a pariah State. This image turned the back of the international community to the country, especially during the Abacha years.
However, the inauguration of democracy in 1999 ought to have changed the
political destiny of the country for better. Hence, this was not to be. Rather,
the politicians have turned election issues into a do-or-die affair, that, hardly
would there be any inroad into elections without political assassinations in
different parts of the country. The Southwest was the most prominent for
this in the event that led to the 2007 elections.
The outcome of the 2011 general elections, which was regarded by
all observers as relatively credible, free and fair, resulted in what brought
the country into the list of terrorist countries of the world. The outrage of
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the Boko Haram sect became widely spread, particularly in the Northern
part of the country, after the announcement of the 2011 general elections.
Although, no one has been able to come to the public to explain the major
interest of this sect and the basis for the various attacks the sect had inflicted
on the country, in some quarters, it is believed that the sect wanted to Islamize
the country while in some other quarters; it is believed to be a group against
Western Education. One basic thing that is obvious in all these is that the
group itself is confused and has become obscurantist.
It is imperative, therefore, to understand that the quest for a transparent electoral process will not only guarantee the expression of the wish
of the people, but it will also make manifest the principle of accountability
upon which the pillar of democracy is built. The electoral process, as it
is presently configured cannot totally guarantee the kind of democratic
consolidation that the country hopes for.
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REFERENCES
Abubakar, A. (2005). “Elections and the People’s Mandate” Keynote Address
delivered at the National Conference on ‘Elections, 2007: Protecting the
Peoples’ Mandate’ organized by the International Human Rights Law Group
on 25 August.
Adejumobi, S. (1997). “The Two Political Parties and the Electoral Process in Nigeria:
1989-1993” in Georges Nzongola-Ntalaja and Margaret C. Lee (eds.) The State
and Democracy in Africa. Harare, AAPS Books. Pp. 1-232.
Adejumobi, S. (2002).”Democracy and Good Governance in Africa: Theoretical and
Methodological Issues” in Bujra, A. and Adejumobi, S. (eds.) Breaking Barriers,
Creating New Hopes: Democracy, Civil Society and Good Governance in Africa.
Trenton, NJ: Africa World Press.
Adejumobi, S. (2000). “Elections in Africa: A Fading Shadow of Democracy?”
International Political Science Review. Vol. 21, No. 1, pp. 59-75.
Agbaje, A. and Adejumobi, S. (2006). “Do Votes Counts? The Travails of Electoral
Politics in Nigeria” Africa Development. Vol. XXXI, No. 3, pp. 25-44.
Agyeman-Duah, B. (2005). “Elections and Electoral Politics in Ghana’s Fourth
Republic” Critical Perspectives. July 18, p.3.
Ake, C. (2000). The Feasibility of Democracy in Africa. Dakar: CODESRIA.
Dudley, B. (1982). Introduction to Nigerian Government and Politics. Lagos: Macmillan
Electoral Reforn Network, (2001). Nigerian Civil Society Input into the Electoral Bill 2001.
Abuja: ERN.
Guardian Newspaper, 2005. “The PDP Congresses and Convention” Editorial,
Guardian, Lagos, 21 October.
Jinadu, L.A. (1997). “Matters Arising: African Elections and the Problem of Electoral
Administration” African Journal of Political Sciences. Vol. 2, No. 1, pp.1-11.
Joseph, R.A. (1987). Democracy and Prebendal Politics in Nigeria: The Rise and Fall of the
Second Republic. Cambridge: Cambridge University Press.
Lawal, A. (1997) “The Economy and the Electoral Process” in Oyin Ogunba (ed.)
Governance and the Electoral Process: Nigeria and the United States of America.
Lagos: ASAN
LeVan, A., Pitso Titi C. And Adebo, B. (2004). “Elections in Nigeria: Is the Third Term
a Charm?” Journal of African Elections. Vol. 2, No. 2, pp.30-47.
Lewis, P. (2003). “Nigeria: Elections in a Fragile Regime” Journal of Democracy. Vol. 14,
No. 3, July, pp. 131-144.
Lewis, P. (2011). “Nigeria Votes: More Openness, More Conflict” Journal of Democracy.
Vol. 22, No. 4, October, pp.60-74.
Madunagu, E. (2005). “PDP and the Nation” Guardian. Lagos, 10 October.
Mudasiru, S. (2005) “Political Conflict and the 2003 General Elections” in Godwin
Onu and Abubakar Momoh (eds.) Elections and Democratic Consolidation in
Nigeria. Lagos, NPSA, pp.476-488.
Nzongola-Ntalaja, G. (1997). “The State and Democracy in Africa” in Georges
Nzongola-Ntalaja and Margaret C. Lee (eds.) The State and Democracy in Africa.
Harare, AAPS Books. Pp. 1-232.
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Obi, A. (2005). “DP Versus MDD”, Daily Sun Newspaper, Lagos, 14 November, pp56.
Ojo, E.O. (2007). “Nigeria’s 2007 General Elections and the SuccessionCrisis:
Implications for the Nascent Democracy” Journal of African Elections. Vol. 6, No.
2, pp.14-32.
Olaitan, W.A. (2005). “The Making andUnmaking of Democracy” in Godwin Onu
and Abubakar Momoh (eds.) Elections and Democratic Consolidation in Nigeria.
Lagos, NPSA.
Omotola, J.S. (2010). “Elections and Democratic Transition in Nigeria Under the
Fourth Republic” African Affairs. Downloaded from http://afraf.oxfordjournals.
org/atKwazulu-Natal University on June 24, 2014.
Rokkan, S. (1970). Citizens, Elections, Parties. New York: David McKay Company Inc.
Seteolu, D. (2005). “The Nigerian State, the Political Class and Histography of
Elections in Nigeria” in Godwin Onu and Abubakar Momoh (eds.) Elections
and Democratic Consolidation in Nigeria. Lagos, NPSA.
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> 79 <
4
Repositioning the Nigerian Civil Service
with a Sharp Focus on Conduct and
Practices
Kunbi Ogunnaike
INTRODUCTION
F
or their obeisance, every constituted authority over a group of
people has a body of officials through which control and authority
are exercised and services rendered. Similarly, every organization
operates with a set of organizational culture and norms, embedded in the
work ethics of the organization.
In tandem with this claim, the class of officials appointed and paid to
do government job and the various agencies in which they work are referred
to as the Public Service. In terms of control and overall responsibility, the
Public Service is an arm of the Executive branch of Government. To this
effect, section 167 of the 1999 Constitution as amended, is captioned “The
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Public Service of the Federation”, though it made provision for the Civil
Service of the Federation. It is however important to note that the two terms
are not synonymous, though they are often interchangeably used. The Civil
Service is a sub-set of the Public Service which in essence is more comprehensive and all embracing. A Civil Servant is a Public Servant. But not all
Public Servants are Civil Servants.
The Nigerian Public Service evolved in the late 19th century, following
the need of the colonial office to have some staff to assist with the maintenance of law and order. The body of officials that emerged in response to
this need, was manned at the senior echelon by expatriates. Consequently
the role of the Nigerian body was purely advisory.
However, as from 1914, when the Northern and Southern protectorates
were merged to form the nation called Nigeria, the Governor, General Sir
Lord Fredrick Lugard introduced some changes that led to the emergence
of a formal service. In 1954, following specific constitutional changes, the
Public Service was regionalized. Worthy of note, on 1st April 1954 the Federal
Public Service Commission was established with a mandate to handle staff
matters in the areas of appointments, promotion and discipline.
Public Service Composition
The Public Service comprises:

The Civil Service i.e. Ministries and Extra-Ministerial Departments

Public enterprises and government owned companies

The Teaching Services

The para-military organizations i.e. Nigerian Prison Service,
Nigerian Immigration Service, Nigerian Custom Services, the
Federal Road Safety Commission, the Nigeria Security and Civil
Defense Corps etc.

The Nigerian Police Force

The Armed Forces i.e. Army, Navy and Air force

The Judiciary

Certain Federal Executive bodies
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
The Universities and Tertiary Institutions
The Civil Service is indeed the hub of the Public Service around which
the other components rotate (Adeyemi, 1999). Not only does it have direct
access to the government, most of the other arms of the Public Service depend
on it to reach the government. It further exercises supervisory functions over
most of the other components of the Public Service. A Ministry has cabinet
responsibility for parastatals and Agencies that it supervises. As an instrument of continuity in government, the Civil Service remains as government
and political officers come and go after specific terms of tenure. Vacancy
positions are declared and filled as Civil Servants exit for various reasons.
The continuity of existence gives rise to a sense of stability, which keeps the
nation going even in times of crisis and interregnum.
In the light of the universalistic characteristics of the Civil Service,
most governments try to create their own kind of Civil Service which varies
according to the character and ideology of the regime. In a developing
country such as ours, the Federal Government is a potent “Change Agent”
of the nation and its instrumentality of office is the Civil Service, the nation’s
bureaucracy. This being the agency that formulates and implements policies,
the Civil Service is very important and strategic to the extent that other
bodies such as the parastatals which are also used to implementing specific
aspects of government policies are themselves guided, controlled and
regulated through the Civil Service. Government-owned Companies and
statutory Agencies are also usually attached to Ministries or the Presidency
for the purpose of supervision and coordination.
Nigeria being a developing nation that is grappling with basic fundamental aspects of life of its citizenry, targeted at improving the quality of life
through better health care, living conditions, education, transportation and
so on apart from others that are general, it goes therefore without saying
that her Civil Service can best be described literally as the heart and life wire
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of government. It is the general, formal structural elements of government
organization that makes it the bureaucracy as earlier said.
In practice, the Civil Service is an important part of the collective
decision-making process of the government, the Civil Servants who are
a body of professional experts are legitimate participants in the policy
making process. It should be noted however, that it is an added value if
the legislature does not only make final decisions on policies but actually
have primacy in the process of formulating policies using the Civil Service
appropriately as a tool.
The Government and the Civil Service expect a lot by way of conduct,
behaviour, commitment and professionalism from Civil Servants. The
fundamentals of service include subject matters such as the structure and
functions of government as well as government revenue and expenditure.
In view of the complexity and expectations of the nation, the Civil Service
Handbook espouses in details and in simple language all aspects of public
administration and the conduct of government business. A most important
part of this publication is the categorical stand that defines to Civil Servants
the Code of Ethics required in Government business, since Civil Servants
have a major role to play in giving Government a good image and in the
delivery of goods and services to the people.
Irrespective of cadre, there are certain activities and functions which
every Civil Servant must engage in, in the course of his/her career. Some
of these are writing of minutes and letters, taking minutes of meetings and
making use of the services of the registry, which makes it mandatory for
all Civil Servants to be skilled in the various means of official communication in the Civil Service. It is therefore expected that the Civil Service Hand
Book, the Public Service Rules (PSR) and the Financial Regulations would
be some of the primary vehicles for enhancing professionalism and productivity in the Service as well as inculcating in all Civil Servants, the right
attitude and inspiration. Regrettably, a good percentage of Civil Servants
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have never seen these publications. A few who have seen them only study
some sections to prepare for promotion examination!
If the fundamental and guiding principles and practices are not
known and understood by the Civil Servants, how can there be efficiency in
the discharge of duties?, and if these documents that should guide operations and generation of policies are only used for personal progress and
not service delivery, could it be said that the officers are professional core
career officers? And would the appraisal system be said to be appropriate
and equitable?
Further to these, diagnostic investigation of the Public Service in 2002
revealed the following:

An aging service where about 60 percent of Staff are within the age
bracket of 40 years and above.

The preponderance of unskilled staff on grade levels 01- 06 that
constituted about 70% of the work force.

The prevalence of ghost workers, symptomatic of poor keeping of
personnel records and payroll control system.

Occurrence of stagnation at the higher level in particular the directorate cadre reflective of succession and career planning.

Absence of mission and vision statements, work plan programme,
corporate and individual schedules of function as well as target
setting.

Under-resourcing of key institutions

Absence of working tools, materials and equipment

Erosion of profession and esprit de corps

Gross violation of extant rules, regulations and Peking order

Abandonment of training to sharpen skills service wide, further
complication by the decay of all training institutions

Ad-hoc response to policy making, devoid of vigorous long term
policy analysis, consultation, monitoring controls and enforcement.

Lack of intellectual engagement, in particular by supervising directorate officers.
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
Nepotism and abuse of office

Near absence of an Information Technology (IT) enabled system of
work operations in the age of globalization

Mediocrity against merit

Non-functional Meritocracy and Reward system

An unproductive rule –based, hierarchical system which stifles
individual and corporate creativity as well as accountability and

A fundamentally flawed Performance Management System totally
devoid of objectivity in measuring performance.
In view of the above findings, the Civil Service was under-performing
in spite of the various attempts by several governments at reforming in
different directions, to the extent that the Public Service was berated for
its impropriety, inefficiency, ineffectiveness and lack of commitment to
promoting the public good. Nigerians felt that they have for long been short
charged by the quality of Public Service, that our public offices have for
too long been showcased for the combined evils of inefficiency and corruption, while being impediments to effective implementation of government
policies.
The Civil Service is a product of the society; therefore it will not suffice
to reposition the Civil Service in isolation of the macro society. Therefore, a
massive, well articulated and deliberate re-orientation programme that will
impact on the citizenry should be put in place. The quality of education at
all levels will be key in this regard. With the right orientation of the citizenry,
change of attitude will engender the desired Nigeria and Civil Service of
our dream.
REFORM INITIATIVES
The various strategies and reform initiatives of past and present
administrations had been an attempt to institute:

a competent, professional, development oriented, public – spirited
and customer friendly Civil Service capable of responding effectively and promptly to the needs of the society.
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
the restoration of the core values of the service such as political
neutrality, impartiality, integrity, loyalty, transparency, professionalism and accountability.

a Public Service that is guided by equity, where things are done
with strict adherence to extant rules and regulations, but, with
room for discretion exercised in the interest of the public.

the creation of a conducive environment where Civil Servants are
assured of protection and job security in the faithful discharge of
their duties and responsibilities and a comparatively well-remunerated, motivated and empowered Public Service.
If we can achieve the above lofty dream for the Nigeria Civil Service,
Nigeria would be a reference point in the globe as all nations of the world
are striving to reposition their Public Service.
Imperatives of Repositioning
To reposition the Nigeria Civil Service, our imperatives would be:

Strengthening and enforcement of the ideals of the National
Economic Empowerment and Development Strategy (NEEDS) as it
affects the Civil Service components.

Effective management of the persistent pressure for employment
into the Federal Service by the Federal Civil Service Commission to
ensure that only deserving and well qualified people are employed.
If need be the recruitment procedure should be remodeled.

Deliberate application of the dictates of the Scheme of Service.

Massive capacity development targeting professionalism and
operational skills of core transactions of service

Work process re-design based on information systems / technology
applications

Value reorientation and ethics

Institutionalization of Service Compact with all Nigeria’s in the
Civil Service to model the initiative to the Public Service.
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SERVICOM: AN OVERVIEW
Service Compact with all Nigerians. For the purpose of clarity, below is
an overview of SERVICOM. The essence of this is the provision of basic
services to which each citizen is entitled in a timely, fair, honest, effective
and transparent manner
The SERVICOM Principles are:
 Affirmation of commitment to the service of the Nigerian nation.
 Conviction that Nigeria can only realize its full potential if citizens
receive prompt and efficient services from the State.
 Consideration for the needs and rights of all Nigerians to enjoy
social and economic advancement.
 Dedication to deliver services to which all citizens are entitled,
timely, fairly, honestly, effectively and transparently.
In essence, SERVICOM Principles expects both Public and Private
Organizations to set up SERVICOM Charters as premises upon which
customers:
 can expect quality service delivery
 demand their right to good service
 have recourse when service delivery fails
SERVICOM index is a yardstick for measuring the quality of service
as delivery by government through its various ministries, department
parastatals and agencies. This is predicated on the facts that:

The ultimate purpose of governance is to serve the citizens

Citizens have the right to be served right

Service is well delivered only when the citizens are satisfied

The Federal Government is committed to the provision of
SERVICOM as a programme to improve service delivery
throughout the country
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Briefly, the main objectives are to sensitize Nigerians on their right to
obtain quality service delivery from Government / Public Offices/ parastatals
as well as ways of seeking redress if not satisfied with the quality of service
rendered to them. It is also the message of leading by example to sanitize
our system morally, politically and economically in a manner to eradicate,
eliminate man-know-man syndrome from our system.

Eradicate bribery and corruption

Stop the experience of official files getting missing and would
surface after money has exchanged hands.

Restore the integrity of the olden day when Civil Servants bent
over double to deliver service.

Stop waste and inefficiency

Eliminate nonchallant attitude to work.
The most demanding of these imperatives for repositioning the Civil
Service is Work Ethics and this calls for deliberate attitudinal change from
all Civil Servants, top to bottom.
Ethics stands for what is morally correct and honourable; and acceptable rules of conduct. It is a set of norms of any society. It is a moral
philosophy, defining what is right and wrong. It embraces virtues expected
of all Public Servants for efficient performance. Closely tied to this is accountability which is the principle that makes Civil Servants responsible for their
conduct. It simply means that Civil Servants must be prepared at all time to
give account of their stewardship.
Therefore, without any iota of doubt all Civil Servants must embrace
the following ethical values:

Discipline

Honesty

Courage

Courtesy

Cooperation
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
Tact

Industry

Avoidance of delay

Tidiness

Helpfulness

Kindness
Further to this, the following vices must be eliminated at all cost:

Negligence at work

Insubordination or disrespect to senior officers or across board

Impoliteness to colleagues and members of the public

Corruption

Malicious damage of Government property

Indiscipline

Interference of higher authority to undermine disciplinary
procedures.

Lack of job security.
CONCLUSION
In conclusion, to reposition the Civil Service depends largely on
what type of Public Service the Government is seeking to drive the structural economic change and the transformation agenda. In the light of past
reforms, national plans and strategies, what are the relevant and pertinent
lessons from history that should be considered? What are the errors in past
reforms that should be avoided?
Attempts have been made in the past to institute what is called “ Best
Practices” as done in some advanced economies. This has not worked and it
will not work since the ideology of a nation plays a great role in this matter.
It should be noted that the conventional approach now is “Good Practice”
which can always be measured through a sound monitoring and evaluation.
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The Nigerian situation is not the worst and over time all factors
militating against sanity and sanctity in the Civil Service have been x-rayed
and brought to the front-burner. All that is needed is a bold attempt to tackle
diligently the issues of corruption and other vices earlier identified. Once
the instituted ethical values are embraced with vigour, and the wind of
change will definitely blow on the targeted problems. The secret of repositioning the Nigeria Civil Service is therefore absolute respect and regard for
rule of law.
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REFERENCE
Adeyemi, F.A.O. (1999) Ethics in the Nigerian Civil Service. The Punch. Lagos. 6th
January.
Federal Republic of Nigeria (1999) The Constitution of the Federal Republic of
Nigeria. Lagos
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5
Combating Unethical Practices in the
Nigerian Public Service
Sola Aina, PhD
INTRODUCTION
S
ince the time of political independence in 1960, every successive
Government has been wrestling with the problem of bribery, corruption, lack of transparency and general sharp practices. The first
Executive President, Alhaji Shehu Shagari (1979-83) introduced the Ethical
Revolution Committee which had a principal duty of guiding public officials
against misdemeanour. After fifty-one months in office, the government
was overthrown by a coup d’ etat. The succeeding military government
of Generals Buhari and Idiagbon introduced the War Against Indiscipline
(WAI). After eighteen months, the regime was toppled.
The General Babangida administration, which took over in 1985 introduced Mass Mobilization for Social and Economic Recovery (MAMSER)
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which was later renamed National Orientation Agency (NOA). In
spite of NOA, the moral decadence in the polity and the entire public
service remained unabated from one decade to the other. The Obasanjo
Administration received the baton of leadership in May 1999 and lamented
the state of corruption and the low level of transparency in the Public
Service, in the following words:
No society can grow and develop when corruption is allowed to progress
undeterred as it has grown into a cancer in Nigeria. Government and its
agencies became thoroughly corrupt and reckless. Members of the public
had to bribe their way through Ministries and parastatals to get attention.
Consequently, in year 2000, the President signed into law the enactment
of the Independent Corrupt Practices Commission (ICPC).
The objectives of this paper are as follows:
a.
Examine the roots and negative effects of corruption,
b.
Review the corrupt practices and other related acts,
c.
Review the code of conduct for public officials,
d.
Outline the aims and objectives of the Public Service,
e.
State some of the notable Government achievements in
combating corruption and other unethical behaviour patterns
among Public Office holders
f.
Highlight factors that are perpetrating corruption in the system,
g.
Suggest a way forward
ROOTS AND CONSEQUENCES OF CORRUPTION
To some extent, corruption exists in every society. What varies is the
magnitude. The level of corruption that existed in the Nigerian bureaucracy
between 1960 and 1970 could be described as a child play in that the opportunity for corruption was relatively limited. However, between 1970 to date,
five main causes could be identified, namely:
1.
A massive rise in the opportunities for corruption
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2.
Over-regulation of private activity
3.
Expanded public sector procurement
4.
Weakened scrutiny
The opportunity to abuse power is created when public officials have
power of regulation such as the issuance of passports, and foreign exchange
allocation. Between 1970s and 1990s, there was an enormous expansion in
public sector employment.
The Growth of Public Sector Procurement
This created an enormous opportunity to get percentage payments
from the award of contracts. Enormous oil wealth and borrowings of the
past thirty years financed a huge investment programme that has not, in
aggregate, produced any output. Corruption in procurement directly leads
to a loss of investment, as money that should have been used to buy capital
goods is siphoned for other purposes as reported by Collins (1999).
The main cost of corruption in procurement is probably not the 10
percent or whatever which the corrupt Minister makes on contract, but the
diversion in public expenditure programmes towards those investments,
which offer the best opportunities for kickbacks.
Negative Effects of Corruption
Corruption is morally wrong and economically harmful and costly.
It is harmful for economic and political growth. Corruption is self-perpetrating; it is a mis-allocation of resources. Elegido (1997) listed eight ways in
which corruption is harmful to societies as follows:
 Corruption causes a lowering of the quality of the goods and
services available to the public.
 Corruption tends to discourage honest efforts; the rush for easy
money makes fools of those who work honestly.
 Corruption tends to discourage economic initiative -the tangle of
red tape strangles would be entrepreneurs and the economy suffers
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 The more corruption becomes common, the more people tend to
mistrust the motive of others and resistance to authority becomes
inevitable.
 As corruption becomes prevalent, those in position of responsibility
lose the ability to implement policies.
 A generalized climate of corruption encourages officials to
misdirect scarce resources.
 Corruption tends to discourage investment.
 Corruption corrupts; it is a vicious cycle.
CORRUPT PRACTICES AND OTHER RELATED ACTS
The National Assembly enacted the Corrupt Practices and other Related
Offences Act in year 2002 to prohibit and prescribe punishment for several
acts of corruption throughout Nigeria. The Act also sets up the Independent
Corrupt Practices Commission to administer and enforce its provisions.
The Offence of Accepting Gratification
The offence of accepting gratification is complete, once the essential
conditions stipulated by the Acts are present - If a public officer corruptly
asks for, receives, or obtains property, or benefit, or agrees to attempt to
receive, or to do a favour or disfavour to any person in the discharge of his
or her duties.
Scope
The Act covers a very wide area including:
 Making false or misleading statements
 Evidences of corroboration.
 Using one’s offices or positions for gratification
 Awarding contracts without cash backing
 Fraudulent acquisition or receipt of property
 Over-invoicing and under-invoicing
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Deliberate Frustration of Investigation
It is a crime for anyone to:
 conceal a crime or
 frustrate the investigation.
Concealment here means to destroy alter, mutilate or falsify. It also
includes:
 making false statements or returns
 paying public officers to vote or to abstain at meeting of a public
body
The penalty carries five years of imprisonment with hard labour. The
Act also forbids anyone from:
 using his office or position for gratification
 awarding contract without budget provision, approval and cash
backing
 receiving bribery offers
 making false or misleading statements to the Commission.
Who does the Act cover?
The Act is in force and its validity is invoked throughout the country.
The Act seeks to tackle corruption at all levels among officials both in the
public and private sectors. The term official is used widely to mean:
 any director, functionary, officer, agent or employee
 serving in any capacity whatsoever in public organizations.
CODE OF CONDUCT FOR PUBLIC OFFICIALS
The Constitution of the Federal Republic of Nigeria 1999 provides in its
fifth Schedules Part I -Code of Conduct for Public Officers and part II -list of
Public Officers for the purposes of the Code of Conduct. The Public Service
of Nigeria comprises the organizations and institutions of government-the
executive, legislature and judiciary. It excludes public liability companies,
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partnerships and single ownership. It also excludes voluntary and religious
organizations and other interest groups. By this definition, the following
would be under public service.
The Civil Service; the Foreign services; the public corporation;
fully owned public corporations; Primary And Secondary And Special
Institutions, public funded Universities, Polytechnics and Teacher Training
Institutions, Police, Prisons, Special Services, Customs And Excise. Civil
Servants are mandatory to subscribe to the Code of Conduct summarized
below:
 Avoid conflict of interest
 Not owning or running any foreign accounts
 In retirement, no! nave more than one remunerative office from
which payment would come from;
 Retired President, Vice-President, Chief Justice of Nigeria,
Governors and Deputy Governors are prohibited from employment in foreign companies or foreign enterprises:
 Public officers shall not receive gifts or benefit in kind,
 Public officers or specified officers are restricted from loans other
than from sources;
 Public officers shall not receive property; gift or benefit of any
kind as inducement.
 A public officer shall not put himself in a situation of abuse of
power;
 A public officer shall not be a member of societies. which are
incompatible with the functions of his office or the dignity of his
office;
 A public officer shall declare his assets at such times and periods
as stipulated by the Code of Conduct for Public officers.
The Nigeria Public Service derives its authority, power and procedure
from: the Constitution of the Federal Republic of Nigeria, as enacted by the
National Assembly, State Laws, Local Government Bye-laws; decisions of
the courts of competence in any part of the Federation in as much as they
effect matters under consideration; the Civil Service Rules; the Financial
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Regulations; the Civil Service Procedural Rules;. Government Circular
on different subjects, as amended and replaced from time to time and the
Code of Conduct of different professions and Associations employed by
the Public Service. The Public Servant is bound by the Code of Conduct
enshrined in the Constitution.
Aims and Objectives of the Public Service
The Nigerian Public Service is part of the Executive arm of government that is responsible for the effective administration of the laws and
procedures of government. It is the arm that executes the laws, which have
been passed by the Legislature. The arm deals with the day-to-day running
of the government. Because of the strategic importance of the Public Service,
Public Servants perform or should perform the following functions:
 The implementation of the general will as conceived by the
representatives of the people. Government is a public trust to be
used in the general interest and not for the benefit of a particular
sectional interest.
 Public administration officials are servants of the public and not
vice versa.
 Public officials should be the embodiment of all public virtues.
They should be hard working, honest, impartial, wise, sincere,
just, and trustworthy. Official conduct should be beyond
reproach.
 Public Officials should obey their superiors and subordinate
their personal interests to corporate goals, unless objection is
based on conscientious grounds, whereupon they should leave
public office before publicly declaring opposition to government
policy.
 Public Officials should perform their duties efficiently and
economically.
 Appointments to Public Office should be on the basis of merit of
persons and not on the privilege of class.
 Public officials should be subjected to the law in the same way as
other people.
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Most developing countries have accepted in principle this Public
Service ideology. The objective of a Civil Service can be properly defined
only in relation to the objectives and roles of the government as the principal
instrument for the implementation of government policies and programmes.
NOTABLE EFFORTS OF GOVERNMENT IN RECENT PAST IN
COMBATING UNETHICAL PRACTICES IN THE PUBLIC SERVICE
In 2004, Transparency International compiled a Corruption Index of 54
Countries and rated Nigeria as the third most corrupt country in the world,
beaten only by Pakistan and Kenya. China was ranked number 5, Russia
8, Philippines 11, Uganda 12, Italy 21, USA 39, U.K. 42, Singapore 47 and
Canada 49 (Collier 1999).
Within the past one decade the Nigerian Government made some
notable efforts towards the eradication of corruption in the society. Such
efforts, to many observers of the system, are yielding desirable results.
Some of such steps will be highlighted:
i.
The Independent Corrupt Practices Act and the I.C.P.C. was
enacted into law, thereby giving the Commission a legal backing
ii.
The Economic and Financial Crimes Commission was also
enacted
iii.
The setting up of the Agency for Monitoring and Due Process
within the Presidency
iv.
The setting up of the Justice Esho Commission which looked
into some specific cases of corrupt Judges within the Judiciary
and the recommendation and subsequent implementation for
the dismissal, retirement and demotion of Judges that were
found to be corrupt.
v.
The investigation of the National Identity Scam and the prosecution of highly placed officials including the Minister of Internal
Affairs, his Permanent Secretary, and other senior officials.
vi.
The impeachment of the then Senate President, the sacking of a
Minister of Education and the prosecution of other Senators over
an allegation of N55 million bribe involving some officials of the
Senate.
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vii. The retirement and subsequent prosecution of the former
Inspector General of Police (Mr. Tafa Balogun) over the
lodgement of N7 billion traceable to his surrogate companies.
viii. The creation of the Office of the Special Adviser to the President
on Ethics and Values.
ix.
The recent remover of the former Aviation Minister over the
procurement of two (2) bullet-proof vehicles without following
the due process.
x.
The remover of the former Governor of Central Bank over
controversial issues and for making false or mis-leading
statements.
Consequent upon these developments, critics of Government are now
acknowledging the seriousness of the present administration in waging
a war against the corruption menace. If’ nothing else, the war is making
discernible effect on the morale and national psyche of the citizenry. The
government should not relent, but the efforts should be comprehensive.
FACTORS PERPETRATING BRIBERY AND CORRUPTION
At least, even factors are responsible for perpetrating bribery, corruption and other unethical behaviour patterns in the Nigerian society:
1. Our Culture: We have now regarded corruption as a normal way of
life. Our value system supports this. We now refer to corruption as
“Family support”. By virtue of our culture; we usually over-protect
the culprit.
2. Social Factors: We are living in a society where we have a high
level of illiteracy and poor education amongst the citizenry. Bribery
and corruption is difficult to eradicate or reduce in an environment
where people are ignorant and are not prepared to fight for their
rights.
3. Economic Factor: Poverty and corruption are closely linked;
whether it is poverty that causes corruption or corruption that
promotes poverty. The high level of unemployment in the country
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(more especially among graduates of tertiary institutions, is capable
of promoting bribery, corruption and other unethical practices.
4. A Care-free Attitude: We are living in a society where care-free
attitude is gaining currency. A person’s character does not matter
anymore. If care-free attitude continues, Nigeria has a lot to lose in
terms of values.
5. Unemployment: Unemployment is another basic factor that fosters
unethical standards in our society. Millions of Nigerians, including
family heads are unemployed, and practically have no source of
income. Consequently, people are predisposed to offer bribes in
order to be employed.
6. Changing Value System: Our value system has changed. The
syndrome is “get rich first”. Public servants, just like other members
of the society, now seek pride and status through the accumulation
of material goods by whatever means: People are now respected
by what they have - the “arrival syndrome”. This is promoting a
meritless system where anything is based on connection.
7. Lack of Demand for Accountability: Until when the present
Administration started Ministerial Accountability processes, which
led to resignation or outright removal of some notable Ministers
and top government machineries, bribery and corruption had
continued to thrive in the Country as most leaders were too timid
to demand for accountability from government officials.
Other reasons include.
a.
Un-sanctioned fraudulent practices at high places.
b.
Poor budgetary practices and lack of transparency
c.
Insecurity of life and property
d.
General economic hardship
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THE WAY FORWARD
Since unethical standards stand as a complex phenomenon, a multifaceted approach is called for:
 There must be general education of the mind, not by going back to
school to receive a college diploma but the love and pride for one’s
Country fellow men and women.
 There must be a call for social transformation. This is a form of
social re-engineering or Cultural Revolution. Corruption, bribery
and the like, cannot be wiped out in a day, but we must put a
process in place. In the year 1983, the Sheu Shagari Administration
proposed a full blown Ministry of Ethical Revolution and Better
Behaviour. Such a Ministry may not come up at a better time than
now.
 The enforcement of the anti-graft and anti-corruption law to the
letter cannot be over-stressed.
 Public Servants must see by themselves, the need for them to
preserve their integrity
 Respect for the provisions in Financial Regulations and code of
conduct
 Sensitizing the people beyond the present NOA’ s approach.
Purposeful and committed leadership must be put in place. Leaders
must be made to live by example.
 There must be adequate compensation for public officials
 The “carrot” and “stick” approach to governance may have to be
introduced- that is reward for conformity and sanction for deviant
behaviour.
 The nation must create various educational and job opportunities for the citizens to reduce excessive competition amongst
candidates.
Other ways in which public-sector corruption can be fought
In addition to some of the measures examined above, the following
steps according to Elegodo (1997) are essential in order to combat corruption in the public service:
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(I) The first step is to remove temptations to act corruptly i.e. the need
to pay public officials salaries that allow them to discharge their
basic family responsibilities.
(II) Introduce processes that are transparent, open and accountable. The introduction of the Economic and Financial Crimes
Commission which makes it a crime for a person to own, possess
or control money, property or resources disproportionate to his
present or past emoluments or earnings, unless he gives a satisfactory account of how he came by same.
(III) Corruption activities become more difficult and less attractive,
if there is an effective judiciary which is capable of applying
sanctions
(IV) The need to create and reinforce a culture focused on customer
service and professional excellence.
(V) It is possible and useful for private organizations to come together
in order to defend themselves from corruption in the public
sector.
Now that a number of agencies have been put in place to curb corruption, there is the need f or a big push with a coordinated front operating on
several fronts at once. What we need now is a big massive move in form of
a moral revolution; using all feasible strategies together. Many people still
regard the input against corruption as that of the Presidency alone. Many
Agencies and people have to agree that fighting corruption is a common goal
involving a calculated programme of actions by all Agencies - the Police, the
Army, Customs department, private sector, the individual public servant
and individual citizens, the press, the educational system and other agents
of socialization such as the churches, mosques as the Civil Societies, the
organized private sector, working in unison. Unethical behaviour patterns
operate in a vicious cycle. Unless we take a holistic approach in waging the
war against it, development and growth will elude us as a nation.
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REFERENCES
Adeyemi, F. A. O. (1999), “Resuscitating ethics in the public service” Nigerian
Punch, 8th December.
Aina, Sola (1982), “Bureaucratic Corruption in Nigeria: The continuing search for
causes and cures: Administrative Sciences Review, Vol. 1, Page 470-477 Brussels.
Collier, Paul (1999), (‘How to reduce Corruption; Lagos Business School
Management Review, Vol. 2, p. 135 -147.
Elegido, John M. (1997), Fighting Corruption in Nigeria, Lagos Business
School Management Review. PP,. 49 -59.
Federal Republic of Nigeria (2000) The Corrupt Practices and Related offences Act,
Government Press,.
Federal Republic of Nigeria (1999), The Constitution of the Federal Republic, Lagos.
Guardian Newspapers (1999), “Olusegun Obasanjo’s Inaugural Speech as Executive
President of the Federal Republic of Nigeria”. 30th May.
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> 105 <
6
Ethics And Academic Tradition in the
Nigerian Education Sector
T. A. Bolarin, PhD, FNAE,
INTRODUCTION
I
n this paper an attempt is made to explain what we mean by ethics,
corrupt/unethical practices at various levels of Education in Nigeria,
causes of corrupt / unethical practices, and effects of unethical practices
on Nigerian Educational system.
The Concept of Ethics
Webster’s American English Dictionary (2008) rightly explained ethics
as the study of good and evil and moral duty; moral principles or practice.
The discussion of ethics, be it ethics of a group or society, involves the study
of knowledge of what members of the group or society consider to be good
or bad.
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Every society has its norms which are the parameters for the survival
of the society. Norms as a sociological term refers to rules and regulations
used as a tool to govern both the micro and macro society. In view of this,
acceptable norms, perhaps, ethical principles that govern the society at large
including the Education sector help to moderate the behaviour of people
as any society that fails to hold on to tradition of a social institution (e.g.
education), would breed abnormality and thuggery, which would lead to
crisis. Thus, when the Education sector for example fails to embrace ethical
principles; it will affect all levels of Education in the society.
“Ethics is derived from the Greek word ethikos, which means “manners,
traditions or norms” (Wainaina, 2006). It is a set of standards by which
human actions are determined to be right or wrong (Nwajiuba, 2007).
Blatner (2006) in the same fashion points out that ethics involves the sphere
of interpersonal group, as well as community politics at the level of values.
Based on the definitions above, it would be observed that the concept
of ethics can be described as laid down rules and regulations which help
to improve standard and to differentiate between good and bad; thereby
protecting and promoting the interest of others in every organization. In
other words, ethics are rules and regulations used to control how to behave
in a community as well as a larger society. In any society, it is expected
that every human being is capable of differentiating between good and bad;
however, this depends on the soundness of moral standard and integrity of
an individual (Stephen, 2007).
Moral as used in this paper means the principle or standard of right
behaviour. Thus moral principle is the general or fundamental character or
will. It is the rule or code of conduct.
Academic traditions as used in this paper refers to belief or custom
passed down from one generation to the other in an academic setting such
as the primary and secondary schools and also the tertiary institutions.
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For a better and clearer understanding of this paper, there is the need
to discuss how far Nigeria as a country has gone in her attempt to curb
corruption among her citizenry. In the course of discussing some unethical
practices found among Nigerians generally, focus will be on those in the
Education sector in particular.
Introduction of the Independent Corrupt Practices and other
Related Offences Commission (ICPC)
On 29th May, 1999 the bill on the Anti-corruption Law was sent to the
National Assembly by the Obasanjo Administration. It was signed into
law on the 13th of June 2000, that is, fourteen years ago. Members of the
commission were sworn in on the 29th September, 2000 with Hon. Justice
M.M. Akanbi as the Chairman. The Commission was vested with the sole
authority of enforcing the provision of the Act – Independent Corrupt
Practice and other Related Offences Commission (ICPC). The Act is aimed
at laying down and restoring the foundation of moral and ethical norms of
every decent society.
This is the bedrock on which a wholesome, efficient, just and
prosperous entity like Nigeria can be built (Abeshi, 2012). Several offences
dealing with corrupt practices such as using one’s office for pecuniary
advantages; doing less than a full day’s work for a full day’s pay; gratification; influence peddling; insincerity in advice with the aim of gaining
advantage and tardiness and slovenliness were listed in the Anti-corruption
Law starting from Section 8 to Section 27.
These offences as rightly stated by Abeshi (2012) have destroyed the
foundations of our moral and ethical values on which Nigeria’s rich cultural
heritage was founded. It has in addition eroded the long-standing regard
that the world in general has for Nigerians and Nigeria as the “Giant of
Africa”. Today, Nigeria is a lame giant as a result of the sharp practices
which many of her citizens indulge in.
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Corruption in Nigeria as rightly pointed out by Abeshi (2012) is a major
problem which many researchers have pointed out as an aspect of lives
of many Nigerians individually, collectively, religiously, socially, economically, politically and educationally. It has become a household name in the
Nigerian society and it is a thing of concern for those who still cherish the
role of education in nation building (Mustapha 2005), Ortese (2009), Adamu
(2002) and Vision 2010 Committee (1997). Similar view was confirmed by
the Transparency International (TI) in 2000 when Nigeria was ranked as
the most corrupt country among the 90 countries surveyed over a period of
three years (1998-2000).
The main focus of this paper is on corrupt practices/unethical
practices in the education sector. Each level of education will be examined
for unethical practices going on there. It is unfortunate to note there
that unethical behaviour pervades each level of education and they are
commonly found among staff and students, although such behaviour may
be more pronounced in some cases than others (Bolarin and Pemede, 2014).
It would be observed in the course of our discussion that the higher one
goes in Nigeria in the level of education, the more serious the problem of
unethical practices become.
Ethics at Primary Level of Education
At this level, unethical practices are not rampant. A major unethical
practice at this level is Examination malpractice which occurs in some
schools especially when and where common Entrance Examination
takes place. Parents, guardians and teachers get involved in examination
malpractice by giving money to teachers who will assist their children in
the examination hall.
This is unethical and it is unfortunate that those who should help the
Nigerian society in raising honest and trustworthy children are the ones
who get involved in examination malpractice.
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Ethics at Secondary School Level:
All sorts of unethical and sharp practices are found at this level such
as:
i.
Examination malpractice by parents, teachers, Examination
Bodies, and students;
ii.
Sexual harassment of female students by teachers;
iii.
Stealing of equipments meant for improving the quality of
academics;
iv.
Defacing and stealing library books (if available).
Involvement in all the unethical practices listed above tends to lower
the standard of Education nationwide and they make people especially
foreign countries not to have faith in Nigerian system of Education. This is
opposite of what used to be in some years back when the practice or rather
the tradition in Nigerian Secondary schools was the laying of emphasis on
hard-work and honesty for the purpose of achieving academic success at
the end of one’s programme. Children then were encouraged to study very
hard to achieve success in the West African School Certificate Examination
(WASCE). That period witnessed some healthy competition among students
and the brightest and most diligent ones were always found to have come
out in flying colours. Then nobody doubted the results earned by students
unlike what happens nowadays when aspersion and doubts are often cast
on WASCE and NECO results as most Nigerians have the feeling that some
cheating must have taken place.
To curb the problem of examination malpractice, all hands must be
on deck. Teachers, guardians, parents and Examination Bodies must be up
and doing and be determined not to get themselves involved in examination malpractice. Above all, adults (parents, guardians, teachers) must live
by example – they should do what they say, as adult population is often
found to be head deep in corruption of all sorts. To show the seriousness
of the problem, nowadays most parents and guardians in Nigeria before
enrolling their children and wards in Secondary schools (especially Private
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Secondary Schools) often visit the Principals and teachers of the schools to
find out if the success of the children in the external examinations can be
guaranteed not through serious teaching, coaching and hard work, but rather
through having access to life examination question papers (nick named
‘orĳo’) for both theory and practicals. This is a shame and an end must be
put to such sharp practice.
Ethics at Post-Secondary (Tertiary) Level of Education:
The post secondary level of Education in Nigeria experiences the
worst form of corruption. At this level most parents and guardians are often
jittery and worried about getting their children and wards admitted into the
higher institutions of learning and as such they are ready to go any length
to achieve their goal. The prospective candidates too are equally worried
about gaining admission into higher institutions of learning especially the
Universities.
Though worried, most of them are not prepared to do any hard work
or serious studying for the UTME examination. All sorts of malpractices
are known to be taking place and as a result of this when most of them are
admitted for the various programmes, they end up not being able to cope
academically. They therefore have to seek some fraudulent ways to achieve
their goals that is to pass well and obtain good degrees.
Apart from the problem of examination malpractice, tertiary level of
education is bedevilled with all sorts of corrupt practices including:
i.
Sexual harassment of female students by lecturers;
ii.
Sorting of lecturers by students and their parents;
iii.
Admission malpractice;
iv.
Lecturers enforcing the sale of their handout and textbooks on
students and even pegging the students’ performance on it;
v.
Stealing of equipments meant for improving the quality of
academics by students;
vi.
Defacing and stealing of library books (if available) by students
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vii. Students and lecturers getting involved in cultism.
viii. Delay of students’ results;
ix.
Abuse of processes in student admissions;
x.
Manipulation and falsification of transcripts/certificates;
xi.
Plagiarism
xii.
Victimization of students and staff.
The rate at which these corrupt practices are practised is very alarming.
A major point to note is that individuals who fail to embrace ethics are
always interested in the rewards or profits which could be in form of money
or non-monetary rewards (Bolarin & Pemede, 2013).
However, it is hoped that with the cooperation of parents, guardians,
lecturers and non-academic staff in the higher institutions of learning to
make up their minds to stop these unwholesome acts much will be achieved
in terms of improvement of the quality of academic attainment in various
Nigerian higher institutions of learning.
CAUSES OF CORRUPT PRACTICES:
Many factors have been identified as the cause of corrupt practices in
Nigeria. The causes include:
i.
Poverty: Poverty has been identified as the major cause of corruption
in the Nigerian society, institutions of learning inclusive. Most people
who engage in corrupt acts do so in their attempt to make ends meet.
However, this writer believes that there are more and better honourable ways to make ends meet than losing one’s integrity.
ii.
Change in Social Norms and Values: The change in social norms
and values is another cause of corruption in Nigeria. Many years
ago in Nigeria, people cherish hard work and they respect people
for diligence. There was dignity of labour. In the traditional society,
people are respected for their wisdom and old age not for their wealth.
Today in Nigeria instead of integrity, money is the ultimate, as money
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commands respect. The oil boom of the late 1960s to early 1970s allowed
huge amount of revenue to get into the pockets of some unscrupulous individuals to appropriate. Gradually as years go by Nigerians’
attitude started changing. Ill–gotten wealth and corruption in all its
ramification became the order of the day. Today, corruption is now
“legalized” in the country, the academic institutions inclusive.
iii.
Societal Reinforcement of corrupt practices and Corrupt People:
Many years ago Nigerians used to frown at those found to have
embezzled money or found to have been involved in corrupt practices.
Today, things have changed as Nigerians known to have stolen government money are often applauded in the society, honoured and given
chieftaincy titles. This indirectly encourages further, the problem of
corruption. Generally, there are many examples of Nigerians who are
known to have stolen or embezzled government money while in one
position or the other. Rather than call them to order, the vogue now
is to hail them and turn them to celebrities. Indirectly, this type of
attitude encourages corruption and tends to tell young Nigerians that
it pays to be corrupt and to accumulate ill-gotten wealth (Thompson,
1994 and Adamu, 2002)). As long as Nigerians with ill-gotten wealth
(be it through pen-robbery, contract inflation, armed robbery and
political fund robbery) are allowed to enjoy their ill-gotten wealth and
are accorded recognition by members of the society, corruption and its
other related evils cannot be checked.
Nigerian Educational institutions cannot be detached from the main
Nigerian society, as teachers, lecturers and non-academic staff buy from the
same market that those with ill-gotten wealth buy from. Their needs ranging
from basic psychological, sociological and aesthetic needs are the same. As
rightly explained by Okun (1982), “people are continuously striving toward
meeting their own needs”. This is also true of the people in the academic
sector. As earlier mentioned in this paper, if corruption and other related
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sharp practices are to be eliminated or reduced in the Nigerian society, all
hands must be on deck and all attempts must be made to condemn corruption in its entire ramification.
EFFECTS OF UNETHICAL PRACTICES ON NIGERIAN EDUCATION
SECTOR:
Unethical practices in the Nigerian Education Sector have resulted in
people (Nigerians and foreigners) not having any trust in the system of
Education. The tendency, unless a check is put at reducing or eliminating
the unethical practices as they relate to Nigerian system of education, is
that the Certificates/Diplomas/Degrees issued by our various institutions
of learning will not be reckoned with. This problem is already rearing its
ugly head as many Nigerian parents now send their children and wards
to educational institutions outside the shore of Nigeria such as Ghana and
South Africa. This is very sad for “the Giant of Africa”.
CONCLUSION
In conclusion, attempt has been made in this paper to highlight the
various unethical practices found in Nigeria and in our institutions of
learning in particular. This writer is of the belief that if parents, guardians and
teachers think about their integrity and decide to desist from the unethical
practices, our young people will have people of integrity to emulate.
RECOMMENDATION
In order to reduce or get rid of unethical practices in the Nigerian
Educational system, the following are recommended:
i.
Nigerian leaders in Government (Federal, State and Local levels) must
live by example;
ii.
Nigerians in general must frown at corruption and all those who
partake in corrupt practices must be penalized. Corrupt Nigerians
must not be accorded any honour so as not to send out wrong signal
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that corruption pays.
iii.
As much as possible parents, guardians, teachers and all practitioners
in the education sector must live by example. The Teachers Registration
Council of Nigeria (TRCN) has a major role to play here in sanctioning
teachers who have been confirmed to have fallen below professional
expectations in terms of infamous conduct in a professional respect.
The value system of olden-day Nigeria such as integrity, honesty,
fair play, hard work, loyalty and diligence should be revisited and
inculcated in Nigerians especially the young ones in our institutions
of learning. Nigerians in whatever sector they find themselves but in
particular the Educational sector must shift ground from fraudulent
or sharp practices to positive values already identified above. Finally,
Bolarin (2009) advised and is still advising that all attempts possible
should be made to revive the country towards the path of honour.
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REFERENCES
Abeshi, C.L. (2012) “Guidance and Counselling Service As a Tool for Eradicating corrupt
practices in Nigeria”. In contemporary Issues in Education. Lagos, Destiny
Ventures.
Adamu, H. (20002). Corrupt practices in Tertiary Institutions in Nigeria: Challenges for
Counsellor. Journal of Counselling and Human Development. ABU, Zaria.
Blatner, A.M.D. (2006). Ethical Issue in contemporary Culture. Retrieved August 20th
from NWW.
Bolarin, T.A. (2009). Values Disorientation in the Nigerian System In UMO Ivowi’s
Education for Value. Lagos, Foremost Educational Services Ltd.
Mustapha, J. (2005). Perspective of Religious Corruption in Nigeria. Counselling and
Human Development, 3(1) 18-26.
Nwajiuba, C.A. (2007). Perception or Ethical Issues by Lecturers in Tertiary Institutions in
Imo State. In Eke, E. and Ayodele – Bamisaiye, O. (eds) Blind Spots in Nigerian
Educational system. Ibadan: The Nigerian Academy of Education 22nd Annual
Congress proceedings.
Okun, B.F. (1982). Effective Helping/Interviewing and Counselling Techniques, 2nd edition,
Motercy/California Books.
Ortese, P.T. (2009). Corrupt Practices in University Setting in Nigeria: Implications for
Counselling. Counselling and Human Development 3(1) 63-71.
Stephen, T. (2007). Cognitive Science, Social theory, and Ethics. An Interdisciplinary
Journal 90 (Fau/Winter). 135-160).
Thompson, A.C. (1994). Corruption in Public Life: Counselling as a Tool for Change. In
Counselling Issues for the Nigerian Polity. Journal of Counselling Association
of Nigeria, 20 P. 42-46.
Wainaina, P.K. (2006). Axiology and Education. In Sifuna, D.N., Chege, F.N. and Oanda,
I.O. (Eds.) Themes in the Study of the Foundations of Education. Nairobi: The
Jomo Kenyatta Foundation.
Webster’s American English Dictionary (2008). Massachusetts, Federal Street Press.
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> 117 <
7
Legal Ethics and the Sustenance of
Democracy in Nigeria
O. B. Akinola, PhD
INTRODUCTION
T
he word ‘ethics’ is a generic one. It is simply a rule of conduct. It
could also mean a branch of philosophy that seeks to determine the
correct application of moral notions such as good and bad and right
and wrong or a theory of the application or nature of such notions.1 Ethics
is the science of morals; that branch of philosophy which is concerned with
human character and conduct; a system of morals or rules of behaviour.2 It
is the standard of appropriate conduct within the legal profession.3 It should
be noted that ethics is not peculiar to legal practitioners; it is applicable
to other professions and faiths for the sake of regulating human conducts.
1
Encyclopeadia Britannica Lite 2013.
2
The Chambers Dictionary, 10th Ed. P. 516
3
Garner B. A. Blacks Law Dictionary, 9th Edition, West Publishers, P. 976.
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To succeed in any vocation or profession, an entrant must have the implements required to operate in it. The farmer must have his farmland, hoe,
seedlings and manure and the teacher, his chalk, blackboard, and cane; the
medical doctor must have his stethoscope, drugs and beds and the commercial driver his driver’s license, a roadworthy vehicle and sobriety. The priest
cannot perform ecclesiastical rites without a Bible, a congregation and God’s
anointing, the carpenter needs the nail, the wood and the saw.4
Democracy is a form of government in which the supreme power is
retained and directly exercised by the people.5 The core of democracy is
the people or their elected representatives. It is therefore a doctrine that
the numerical majority of an organized group can make decisions binding
on the whole group. A major component of this system of government is
the observance of the tenets of the rule of law and supremacy of the law.
The principle of separation of power is further deepened by interpretation
of law in order to entrench democratic values. The legal profession is very
vital to the promotion of rule of law which is a major catalyst for democratic
practices. The legal profession dovetails into the bar and the bench. The
profession thrives more on its ethics. The growth of any democratic culture
is dependent on an ethically sound legal profession.
THE CONCEPT OF LEGAL ETHICS
Legal ethics refers to usages and customs among members of the
legal profession, involving their moral or professional duties towards
one another, towards clients, and towards the courts.6 By way of description, legal ethics refers narrowly to the system of professional regulations
governing the conduct of lawyers. In a broader sense, legal ethics is simply
a case of ethics in general, as ethics is understood in the central traditions of
4
Hon. Justice G. C. Nnamani The Imperatives of Professional Ethics in the Practice of Law. Chap 6. Contemporary
Issues in Law and Jurisprudence: Selected Essays in Honour of Hon. Justice F. Ken Ezeike. (Snaap Press, Enugu)
2011 at P. 101.
5
The Free Dictionary online
6
Ibid. Hon. Justice G. C. Nnamani at P. 98.
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philosophy and religion.7 Legal ethics in the strict sense is applicable to the
legal profession. The legal profession comprises the bar and the bench. The
bar comprises the legal practitioners while bench has the judges and magistrates of superior and inferior courts respectively.
Legal ethics connotes the duties, obligations and privileges of legal
practitioners in the legal profession. It is the hallmark of the legal practitioner
in terms of his etiquette, conduct, decorum and guide in his profession. A
legal practitioner who lacks the requisite ethics cannot excel in the legal
profession. It is therefore safer to assert that legal ethics is not inversely
proportional to tenets of democracy. It rather compliments democratic
norms.
Be that as it may, the role of the legal profession to a vibrant and practicable democratic culture cannot be over-emphasised. The legal practitioner
is a key player in the Nigerian justice sector. Therefore, he has a duty to keep
the ethics of his profession sacrosanct. The legal practitioner has a duty to
do the right thing even when he knows that no one is watching. A sound
justice sector is a booster for the tenets of rule of law by any government.
In effect, the rule of law is healthy for the healthy promotion of democratic
norms and practices in a given state.
The legal profession is a very versatile one. This is because the lawyer
may be a judge, a teacher of law in a university, a company director or
secretary, a civil servant, an administrator, legal adviser and a political office
holder. In terms of his contribution to the political atmosphere of his constituency, a lawyer has the right to vote and be voted for once he meets the
constitutional requirements for the political office. Therefore, it is apposite
to state that a lawyer can function in a multi disciplinary capacity. The
lawyer should therefore not forget that he is first and foremost a member
of the community where he lives. The legal practitioner has a duty to guide
the community to richer democratic practices using the instrument of legal
7
Ibid.
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ethics.
THE LEGAL FRAMEWORK FOR LEGAL ETHICS IN NIGERIA
The legal profession in Nigeria evolved as far back as the 19th century.
Charles Foresythe was the first self-taught attorney, the prototype of the
modern lawyer. He was enrolled to practise law at the Supreme Court in
Lagos in 1865.8 Although, history has it that Sapara William is the first
indigenous Nigerian lawyer.9Section 87 of the Supreme Court Judicature
Act of 1873 provides that all the solicitors and attorneys are to be addressed
as ‘Solicitors of the Supreme Court of Judicature’. In the early part of the
19th Century, there were only two classes of legal practitioners i.e. the
Barristers and the Solicitors. In January 1862, a Police Court was established
to handle cases bothering on different commercial disputes. The Supreme
Court Ordinance of 1863 provided for the Supreme Court of her Majesty’s
settlement of Lagos colony. Two classes of persons were allowed to practise
law in Nigeria by virtue of the Supreme Court Ordinance of 1876. They are:
professionally qualified legal practitioners; those who had served Articles
(Solicitors) and Local Attorneys. Between 1914 – 1962 legal practice was
restricted to professionally qualified legal practitioners. The applicant must
join one of the four Inns10 of Court in England. The barrister represents
litigants in court. His business is advocacy. He also gives legal opinion on
issues referred to him by solicitors.
A person who desires to be a solicitor must be articled to a firm of
solicitors in England for a period of four (4) years. The Solicitor draws up
leases and conveyances, he drafts Wills, prepares commercial agreements
and gives legal advice on all matters to clients. He also seeks legal advice
from the barrister from time to time on behalf of his clients. By inference,
the barrister is a legal adviser from time immemorial. He must therefore
8
Adewoye, O. The Legal profession In Nigeria, 1865 – 1962. Longman, Ibadan. P. 21. 1977.
9
Richard L. Sklar, Nigerian Political Parties: Power in an Emergent Nation. (Princeton) 1963
10
The four Inns are: the Middle temple, the Inner Inn, the Lincoln Inn and the Gray’s Inn.
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brace up and render his legal advice towards promoting democratic values
at any given time.
The Nigerian Law School was set up late 1962 and it ran its first 3
months Course for 8 students and the location was at a building at 213
Igbosere Street, Lagos which was acquired by the Council of Legal Education
from January to April 1963. The Legal Education Act 1962 established the
Council of Legal Education charged with the responsibility for providing
suitable Legal Education for persons seeking to be admitted to practise Law
in Nigeria. The Legal Education Act 1962 was repealed in 1976 and replaced
by the Legal Education (Consolidation Decree) in 1976 which decree revised
and consolidated previous Act(s) and amendments. The Act was repealed in
1975 and replaced by the Legal Practitioners Decree of 1975. It is now known
as Legal Practitioner Act L.FN. 2010.11 The Legal Practitioner Act 1962 now
known as Legal Practitioners Act12 makes provision for three categories of
people to practise Law in Nigeria as legal practitioners. The 3 categories are:
those entitled to practise generally, those entitled to practise for the purpose
of any particular office e.g. Attorney -General, Solicitor-General and those
entitled to practise for the purpose of any particular proceeding. Whoever
practices as legal practitioner outside this purview is guilty of impersonation by virtue of section 22 of the LPA. However, the provision of section
22 (1) (d) of LPA ought to be reviewed because a fine of N100 or 2 years
imprisonment for impersonating a legal practitioner is not punitive enough
in the present day realities. This author’s take is that a fine of not less than
N500,000 should be imposed on such a convict to deter such conduct in our
society. This is because of the danger impersonation of a legal practitioner
portends for the legal profession and our nascent democracy.
The Rules of Professional Conduct 2007 is the extant rule which
governs the conduct and ethical practices of a legal practitioner in Nigeria.
It is an offshoot of section 12 (4) of the LPA. It is apposite to consider a few
11
Cap L.11 LF.N. 2010
12
Cap 207 1990 LFN now Cap L.11 L.F.N. 2010
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of the provisions of the rules with emphasis on aspects that bothers on the
legal ethics of the practitioner towards sustaining our democratic values.
ETHICAL OBLIGATIONS OF A LEGAL PRACTITIONER IN THE
SUSTENANCE OF DEMOCRACY
The life of a legal practitioner is soaked in ethical practices throughout
his career. The legal practitioner has a sacred duty towards the state, court,
profession, colleagues and the client. The court is vital to any democratic
society and the legal practitioner is a minister in the hallowed temple of
justice. Legal practitioners are highly educated in a complex discipline;
they are allowed the privilege of self-regulation. The profession insists that
those uninitiated in the learning of the law are unsuited to regulate the
profession.13 It apposite to state that the heights which great legal practitioners attained is not a product of accidental flight or sudden eruption into
affluence and influence but by dint of hard work, discipline and strict observance of the rules of legal ethics. A successful legal practitioner is an asset to
entrenching democratic values in any given society.
i.
The Legal Practitioner’s Ethics and the Society
The calling of a legal practitioner is one with high level of collegiality,
civility and mutual trust. In the same vein, law, when practised according
to its ethics and tradition, is a most challenging, rewarding and sophisticated profession.14 Ethically, a legal practitioner is expected to give back to
the society. Rule 1 of the RPC 2007 places a duty on the legal practitioner
to uphold the rule of law. This must be obeyed even at the detriment of the
client. In contrast with Rule 19 of the RPC 2007, the legal practitioner is
expected not to preserve the confidence of the client where such privilege
will aid in the commission of a crime or in furtherance of illegality.15
13
Ukattah F. I. E. Law in Action Gimset Publishers, 1998. P. 16
14
Reaching for the Stars, an autobiography of Folake Solanke (SAN) BookBuilders Editions Africa, P. 217
15
Rule 19 (3) (c) of the Rules of Professional Conduct for Legal Practitioners 2007.
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As of June 2014, Nigeria has not less than 5 governors who are lawyers
by profession across the various states of the federation. The training and
ethics of their profession should reflect on the delivery of democratic
dividends to the inhabitants of their various states.16 Lawyers as politicians ought to play an important role in the political development of the
country. There were intangible ways in which the forbears of the legal
profession were instrumental in the political awakening of the country. The
Nigerian lawyers of the colonial days challenged the actions of the colonialists in courts through their professional activities and thereby increased the
people’s confidence in a just and egalitarian society.17 This is the conduct
expected of the present day legal practitioners. They must be role models
for nation building and vital tools in nation building. The legal practitioner
must use his practice of law to challenge dictatorial traits in our nascent
democracy.
ii.
The Legal Practitioner’s Ethics to Candidly Advise
The legal practitioner has a duty to advise the courts as an advocate
and in some instance as amicus curiae. The practice of amicus curiae is borne
out of the need by the court to be properly guided by legal practitioners
who are seasoned in a particular field of law. The objectivity of their input,
though, not being parties in the case will help to make the court arrive at a
very robust verdict. Therefore, the legal practitioner who does not prepare
his brief before court appearance or who fails to give honest advice to his
client or who seeks to deceive the court or neglects to keep abreast of the
law, is definitely not conducting himself as a member of the legal profession. An unethical legal practitioner is a poison to a delicious democratic
meal.
16
Akwa Ibom, Benue, Enugu, Cross River and Lagos.
17
Prof. O. Adewoye, Legal Profession and The Nigerian Nation in the 21st Century. Quoted from ‘The Legal
Profession and The Nigerian Nation: Essays in Honour of Aare Afe Babalola (SAN)’ P. 13
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In furtherance of the above, a legal practitioner enjoys ceaseless flow
of clientele and resources; he has a duty to accept brief under the cab rank
rule notwithstanding his personal opinion on the brief. This is a very
unique provision in rule 24 of the RPC 2007. Rule 24 (2) places a duty on
the legal practitioner not to be a mere mouthpiece of his client to vomit the
client’s instructions to the court under any guise but to use his professional
judgment to decode what constitutes unethical practice(s) which ought not
to surface in the temple of justice.18 A legal practitioner must be courageous
in and out of the courtroom. A legal practitioner cannot therefore succeed
without total commitment to industry and research. He must possess an
analytical mind. These identified tools are a sine qua non to rule of law which
is a major tripod upon which democracy stands.
In terms of good governance, a legal practitioner has a duty to candidly
advise his client to toe the sacred path of rule of law. A legal practitioner who
frankly advises a political office holder on the dictates and legislative intent
of a statute is doing a great service to building a virile democratic culture
in the nation. Where a legal practitioner does otherwise, he is contributing
in ruining the labours of our heroes past. Therefore, a legal practitioner is
protected from advising against the state under rules 1 and 21 (1) of the
RPC 2007. He is further protected from advising a political office holder
who desires to flout the provisions of the constitution and other statutes
enacted for the sustenance of good democratic values. He must not turn a
blind eye to corrupt practices by his public office holder client under any
circumstance. He is protected and legally immune under rule 1 and 19 of
the RPC 2007.
iii. The legal practitioner’s etiquette at the bar
In the courtroom, a legal practitioner must be guided by the ethical
provisions of rule 36 (b) of the RPC which requires the legal practitioner
to conduct himself with decency and decorum and observe the customs,
18
Rule 24 (2) of the Rules of Professional Conduct for Legal Practitioners 2007.
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conduct and code of behaviour of the court and custom of practice of the
bar with respect to appearance, dress, manners and courtesy. The legal
practitioner must be courteous in speech. His voice must be heard for the
promotion of democratic norms and against totalitarian approaches in the
practice of democracy.
It should be noted that under the guidelines for the conferment
of the rank of Senior of Advocate of Nigeria (SAN), good conduct by an
applicant is a prerequisite for the conferment of the privilege. In the same
vein, imbibing the correct mode of behaviour or comportment as a lawyer
has been found to be of tremendous benefit to advocates who transmute
to the bench as judges or magistrates. This attitudinal requirement of good
conduct flows from the concept of ‘fit and proper’ which is a requirement
for entry into the legal profession.
iv.
The Legal Practitioner’s Ethics on Corruption Issues
It should be noted that corruption has inflicted a cancerous wound on
the feet upon which the Nigerian state stands. The role played by lawyers
in the locus classicus case of A.G. Ondo State v. A.G. Federation19 cannot be
overemphasized. An ethically regulated legal profession will culminate in
entrenching strong values of rule of law in the affairs of the society. The case
of A.G. Ondo State v. A.G. Federation20 was so complex to the extent that the
Chief Justice of Nigeria21had to invite amici curiae as friends of the court to
file their briefs of argument and oral addresses in order to jointly tackle the
innovations of the Corrupt Practices and other related Offences Act No. 5
of 2000. The Supreme Court courageously applied the blue pencil rule22in
nullifying sections 26 (3) and 35 of the ICPC Act. The judgment has also
19
(2002) 6 S.C. (Part 1) 1. This case brought to the fore the need for all tiers of government to collectively conquer
the monster of corruption.
20
Supra
21
Hon. Justice. M. L. Uwaise (Rtd)
22
Blue-pencil test is a judicial standard for deciding whether to invalidate the whole contract or only the offending
words. Under this standard, only the offending words are invalidated if it would be possible to delete them simply
by running a blue pencil through them, as opposed to changing, adding or rearranging words.
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enabled the anti corruption agencies created under the Obasanjo administration to initiate criminate proceedings against public office holders in all
the tiers of government in Nigeria. This act of prosecution without recourse
to the police has further acted as a check on the excesses of political office
holders. The court23 opined further that corruption is not a disease which
afflicts public officers alone but society as a whole. If it is therefore to be
eradicated effectively, the solution to it must be pervasive to cover every
segment of the society.24
PROFESSIONAL OFFENCES AND DISCIPLINE OF THE LEGAL
PRACTITIONER
The professional offences recognizable in the legal profession for which
a legal practitioner may be sanctioned include infamous conduct in a
professional respect,25 conviction by a court of law in Nigeria, conduct(s)
incompatible with the status of a legal practitioner and obtaining enrolment
by fraud.
The appropriate body to sanction the commission of the above professional offences is the Legal Practitioners Disciplinary Committee (LPDC).
The procedure for sanctioning a legal practitioner for breach of legal ethics
is as contained in the Second Schedule to the LPA as amended Cap 20726;
and LPDC Rules, 1965 but the applicable rule at the moment is the Legal
Practitioners Disciplinary Committee Rules, 2006. However, paragraph
2 of the Second Schedule to the LPA 2010 provides that the Chief Justice
of Nigeria shall make rules for the purposes of any proceedings and as to
the procedure to be followed and the rules of evidence to be observed in
23
Per M. L. Uwais, CJN at page 28 (lines 31-34)
24
Ibid. Learned Justice A.B. Wali (Rtd) stated further that what the National Assembly did is the promulgation of the
Act aimed at abolishing corrupt practices in all their facets throughout Nigeria. It is an effort aimed at promoting and
enforcing the observance of the provision of section 15 (5) of the Constitution. Per A. B. Wali JSC ( as he then was)
at page 35 (lines 37 – 40.).
25
J. Olakunle Orojo, Professional Conduct for Legal Practitioners in Nigeria (2008) Odade
Publishers, P 362
This Rule has been repealed by the LPDC Rules 2006
26
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proceedings before the disciplinary committee. The sanctions which may be
meted out to a legal practitioner found culpable of breach of legal ethics are:
striking the name of the legal practitioner off the roll, suspending the legal
practitioner from legal practice for a specified period of time, admonishing
the legal practitioner and refund of money, document or thing which was
the basis of the complaint. It should be noted that the LPDC must live up to
its expectations to flush out the bad eggs in the legal profession. Where this
is done, the profession will bequeath to the nation an unblemished justice
sector for sustenance of our democratic values.
ETHICAL OBLIGATIONS OF A JUDGE IN THE SUSTENANCE OF
DEMOCRACY
The Bangalore Principles of Judicial Conduct emerged from the second
meeting of the Judicial Integrity Group which held in Bangalore, India in
February 2001. The core values recognized in the document are independence, impartiality, integrity, propriety, equality, competence and diligence.
The identified principles are intended to establish standards for ethical
conduct of judges. Anidi27 posited that the principles are meant to provide
guidance to judges and to afford to the judiciary a framework for regulating
judicial conducts. These principles are to the effect that judges are accountable for their conduct to appropriate institutions established to maintain
judicial standards in order to achieve independence of the judiciary.
Appointment of judicial officers must be based on merit in order to promote
the rule of law, without which, no nation can progress. Unethical practices
are usually sanctioned through a mechanism28 provided in the Third
Schedule of the 1999 Constitution as amended. In a recent development,
the Chief Justice of Nigeria has threatened to sack any judicial officer found
27
Hon. Justice A. O. Anidi, Achieving Judicial Excellence: From Rhetorics to Action; The Bangalore Principles of
Judicial Conduct. Contemporary Issues in Law and Jurisprudence: Selected Essays in Honour of Hon. Justice F.
Ezeike. P. 248
28
Establishment of the National Judicial Council for appointment, promotion and discipline of judicial officers in
Nigeria.
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wanting in his judicial office.29 Judges are expected to abide by their oath of
office.30 Although, the constitution appoints the Chief Justice of Nigeria as
the Chairman of the National Judicial Council, the chairman of the NJC lacks
the statutory powers to sack any judicial officer. The power vested in the NJC
must be exercised by the NJC and not the CJN. In the same vein, the federal
nature of the 1999 constitution makes it illogical for the body to preside over
issues relating to the activities of State Judicial Service Commission (SJSC).
One submits that the role of the NJC should be advisory. There is a need
therefore to amend item 21 (c) (d) and (h) of the third Schedule, paragraph I
made pursuant to section 153 and 154 of the 1999 constitution as amended.
The powers stated therein ought to be exercised by the SJSC.
In Okwueze v. State31 the respondent who commenced an action
against the appellant, obtained an order of interlocutory injunction against
the latter. The order was allegedly breached and respondent started
committal proceedings against the appellant. The appellant raised preliminary objection challenging the competence of the proceedings in that forms
48 and 49 were not in conformity with the prescribed rules, especially form
48 and 49 where the word ‘not’ was omitted. The court over-ruled him
where upon, the appellant appealed to the Court of Appeal. The Court of
Appeal held that a court should always strive to do substantive justice to the
detriment of technicality. A court can criticize the conduct of litigant.32In
essence, a court which observes substantial justice in lieu of technicalities is
an asset to democracy.
However, the court has a duty not to visit the sin of a counsel on the
client.33 The judiciary has a role to moderate the shape of politics for the
common good. Therefore, a judicial officer as an arbiter must strive to hear
29
The Guardian, June 17, 2014 at P. 3
30
7th Schedule, 1999 Constitution as amended
31
(2001) FWLR (Pt. 48) 1277 at 1297
32
Dalfam Nig. Ltd. v. Okaku Int’l Ltd (2001) 15 NWLR (Pt. 735) 203 at 251
33
Ogolo v. Ogolo (2000) F.W.L.R. (Pt. 15) 2661 at 2670
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the parties to a dispute courteously, answer wisely, consider soberly and not
sanctimoniously and decide impartially.
A judge should strive to uphold the legislative intent of the law without
prejudice to judicial activism in promoting democratic norms and values
for the betterment of the common man who sees the judicial arm of government as their last resort. A judge must be patient, assertive and operate
with an eagle eye visibility in handling the fate of fellow citizens. Proper
decorum by the judge restores public confidence in the judicial process. A
sound judicial process is vital to enthronement of rule of law as a component
of democratic system of government.
The judiciary is bewildered with its own challenges such as poor
funding, poor remuneration, lack of modern facilities, corruption among
some judicial officers as well as inadequate staffing and training. The
citizenry are aware of the fact that judges record their proceedings in long
hand, courts are congested with both civil and criminal cases. Most judges
sit in decrepit courtrooms, lacking basic facilities. A visit to High Court,
Agbani Judicial Division in Enugu State as of June 2014 will reveal a very
hot atmosphere without a single computer system. The Olympia typewriter
in use is very old. The furniture in the courtroom are old and there is no
trace of comfort for judicial work in the said High Court. In addition, the
authority of the judiciary is being eroded on a daily basis. Court orders
are sometimes not obeyed. The above and many more, compromise the
independence of the judiciary which is a major threat to the sustenance of
democracy in Nigeria.
The process for administration of justice in Nigeria is very arduous.
Most times, legal practitioners employ technicalities of the legal provisions
and the court rules to frustrate the essence of justice. It is apposite to state
that Nigeria has inherited many procedural rules from the British colonial
rule. This has succeeded in slowing down the pace for adjudicating cases in
Nigeria. The complexity of judicial procedures often leaves litigants baffled
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and frustrated. Certain procedures such as those relating to adjournment,
allow for easy manipulation by litigants wishing to delay proceedings.34
For instance, the case Dielu v. Iwuno35lasted for 23 years. This portends a
bad omen for the sustenance of democratic values in our country. In essence,
procedural bottlenecks have succeeded in compounding the challenges
which arose out of poor funding, inadequate facilities and threat to independence of judiciary.
JUDICIAL CORRUPTION
Judicial corruption is a system of crime which involves the litigants,
their lawyers, the corrupt or corruptible arbiter and court officers or external
agents with internal link. It should be noted that indolence and unethical
vices on the part of the legal practitioner are factors which aid such a legal
practitioner to implant his precious future into the seeds of judicial corruption. Section 9 of the 1999 constitution as amended vests judicial powers
of the federation in the courts recognized under the constitution. These
powers must be exercised fearlessly, courageously and with very high dose
of judicial activism.
Nigerian judges are not immuned from sanctions. The procedure for
sanctioning a judge is via a petition written against the judicial officer to
the National Judicial Council who shall cause such allegation against the
judicial officer to be investigated and pass appropriate decision upon the
observance of the principle of fair hearing as enshrined in the Constitution.
The judicial officer being tried is given a copy of the allegation made against
him and the petitioner must be able to substantiate his allegations as alleged
with credible evidence. In recent times, judges of superior courts have been
sanctioned for various offences from warning to outright dismissal from
judicial duties.36
34
Federal Republic of Nigeria: Vision 2140 Final Report, Vol. 1
35
(1996) 4 NWLR (Pt. 445) 622
36
On February 21, 2013, the NJC decided that Justice T.D. Naron of the High Court, Plateau State, and Justice
Charles Efanga Archibong of the Federal High Court Lagos, respectively be retired for abuse of judicial powers.
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LEGAL ETHICS AND ITS RELEVANCE TO THE SUSTENANCE OF
DEMOCRACY IN NIGERIA
In furtherance of the above, legal ethics is very germane to the legal
profession in Nigeria. The legal profession appears to be a very vital
conductor for transmitting democratic currents to the Nigerian populace. A
stable and vibrant legal profession can never be achieved without adherence
to the rules of professional conduct and code of conduct for judicial officers
in Nigeria. By implication, adherence to legal ethics and principles promotes
a healthy democratic culture.
The judiciary is the only body saddled with the constitutional responsibility of interpreting the constitution. This arm of government is a vital
force to reckon with in the preservation of the fundamental rights of the
citizens and sustenance of democracy. The concept of human rights is sacred
to any democratic society. The sanctity of the rights is on a continuous basis.
Its continuity is in perpetuity. Observance of legal ethics is very vital to
sustenance of democracy in Nigeria.
Legal ethics is a connecting nerve for the smooth operation of the bar
and the bench. It must be strengthened in order to have a smooth administration of justice for the sustenance of democratic values in the country. This
paper reminds the legal practitioners of their social responsibilities towards
the Nigerian populace at large in order to have robust democratic governance across all tiers of government. A legal practitioner who adheres to the
ethics of his calling is an asset to a vibrant justice sector.
In the same vein, the application of legal ethics to judicial conduct is
imperative for adherence to rule of law and sound justice system. These are
vital tools in the workings of a democratic society. The judge as the arbiter
in societal conflicts must be above board. The right procedure and processes
for sanctioning a judge must be strictly adhered to. Judges should not be
sanctioned at the emergence of a flimsy petition by an aggrieved party who
lost out in a legal battle in the courtroom.
For further reading, see www.njc.gov.ng
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The Executive and the Legislature have a duty to ensure that the spirit
and letters of the 1999 Constitution as amended is strictly adhered to by
prompt release of funds to the National Judicial Council for onward disbursement to the appropriate courts. On no account should judges’ salaries and
allowances be delayed due to the sensitive nature of their judicial functions.
When this is done, financial autonomy which remains a key panacea to
independence of the judiciary will give hope to the common man.
The South African Complaint process against a judge is more detailed
and legislated in the Judicial Service Commission Act No of 1994.37 It
enhances transparency in the trial of judges for alleged judicial misconduct.
In the light of this, one submits that disputes between the NJC and parties
should be assigned by the second most senior Justice of the Supreme Court
or representatives selected from the Court of Appeal. This is to further
strengthen the entire judicial system and restore confidence in the judiciary.
This is because appeals lie to the courts in which the heads of these aforementioned heads of courts presides and assigns cases between parties being
the chief administrative officers of their various courts.
The NJC ought to regulate the appointment of Federal Judges. One
submits very humbly that there is need for the establishment of the State
Judicial Council to regulate the appointment of State Judicial officers. The
oversight function of the NJC over the affairs of the State Judicial Service
Commission in a Federal Constitution appears to be a misnomer. It would
have been apt to have the NJC if the nation is operating a unitary constitution.
It is further recommended that the National Judicial Institute and
the Mandatory Continuing Legal Education Institute of the NBA must set
out a mechanism for constant reorientation and training of the bench and
the bar respectively. These training outfits must emphasise the core values
embedded in legal ethics and the dangers its constant violations portends
for the sustenance of democratic governance in Nigeria.
37
This is the current legislation which regulates the appointment, promotion and discipline of judicial officers in
South Africa.
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The judiciary must therefore rise up to the challenge of courageous
interpretation of statutes no matter whose ox is gored. Judicial review must
be highly applied in reviewing legislative and executive acts. Political cases
such as A.G. Federation v. A.G. Abia State38 and Ors must be given the right
judicial approach in the allocation of resources which is a catalyst for conflict
in the federation. The court should be prepared for judicial activism even
in electoral disputes against the ruling party where this will further deepen
the tenets of our democratic values.
On a final note, one submits that observance of legal ethics is directly
proportional to the growth of democracy and development in Nigeria.
CONCLUSION
It could be decipher from above that legal ethics is the anchor of legal
practice and the legal profession. The legal profession is central to a vibrant
rule of law which is the heart beat of democracy as a system of government. By inference, legal ethics is an invaluable asset in the sustenance of
democracy in Nigeria. The entire legal profession in Nigeria has a cardinal
duty to promote the rule of law in order to dispense justice to all, without
fear and favour, and regain the confidence of the people. The profession
must tailor its ethics on focusing on the quality of its members and not the
quantity. The addition of legal ethics to rule of law equals a sustainable
democratic culture for the benefit of the Nigerian populace.
38
(2002) 27 WRN 1.
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> 135 <
8
Preserving the Fundamental Human
Rights of the Nigerian Citizenry: The
Extent of Advocacy vis-à-vis Cultural
Norms and Traditions
Tunde Akinshola
INTRODUCTION
E
xplaining the tenets of Fundamental Human Rights to an average
Nigerian has always been tasking. This is because of the average
citizen’s traditional beliefs that human rights are those rights and
privileges allowed you by the powers that be. Your rights, to them, are as
dictated by the government in power, or the police, the society and persons
in authority. Many Nigerians believe there is nothing like Fundamental
Human Rights, in view of the daily travesty of justice in our society, while
others believe it exists only in developed countries. Rather than seek to
enforce his constitutional rights, an average individual will rather religiously
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accept his fate as “the will of God”, or hurry to the next temple to give testimonies of how God wrought mightily to rescue him from the violators of
his rights.
In explaining the inalienable nature of Fundamental Human Rights to
the man on the street however, one of the easiest references to which one
has always found recourse is the song of the late Afrobeat maestro, Fela
Anikulapo-Kuti:
Human rights na my property
So therefore, you can’t dash me my property
Human rights na my property
Dem wan dash us human rights…2
This song has contributed greatly in helping to explain to the populace
what Fundamental Human Rights are. For those who believe in him, if Fela
had said human right is my property, then so be it. (Of course, the cynics
will still contend that Fela was vocal and exceptional; an “abami-eda” {the
weird one} and activist who suffered in the hands of government because
he wanted to enforce his rights).
In any case, it gives one pleasure that never cloys to explain that
Fundamental Human Rights are those basic rights that cannot be gifted.
They are those rights that each individual is considered to be born with,
and therefore cannot be given or taken away. These are rights that each
individual is naturally endowed with, whether he/she realizes it or not, and
whether or not he/she is willing to enforce them.
One of the problems advocates like us face is that of incredulity by
the local populace. Let us take, for instance, unlawful detention- a common
occurrence in the land. You tell a victim, for example, that he is entitled
under the law to apologies and monetary compensation in the case of illegal
or unlawful detention. Such an individual will look at you and may tell you
bluntly that you are “speaking in tongues”. How can police apologize to me?
Me, Police! Working for government! How can a detainee be compensated
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for his detention, no matter how long and unjust? When you press on with
your advocacy, the usual refrain is for that individual to tell you to “leave am
for God”. If you make any further attempt after this statement, you may find
yourself ridiculed and even avoided, like a plague.
Travesty of human rights and the impunity associated with it is the
result of many fundamental societal problems. The focus of this paper,
however, is to examine the problems associated with the preservation of
human rights vis-a-vis cultural norms and traditions. Preservation here
suggests the likelihood of erosions. And the causes of erosions of fundamental rights via culture and traditions are multifarious, but one shall only
seek to highlight the basic elements in this write-up.
STATUTORY GUARANTEES OF FUNDAMENTAL HUMAN RIGHTS
We may need to start by restating that human rights transcend every
aspect of our individual and national lives. We shall, therefore, firstly seek
to review the basic provisions on human rights, the violations of which we
all witness from time to time and are traceable to our cultural norms and
traditions.
To start with, the Nigerian Constitution3 makes express and explicit
provisions for the preservation of Fundamental Human Rights. The first
of this is the right to life under Section 33. Here, the Constitution guarantees that every citizen is entitled to life. Hence, no individual or institution
is allowed to take the life of any citizen. The only exception is if a court has
found an offender guilty of a capital offence and sentenced him. Therefore,
no policeman, soldier, thug, secret society, militant organization, traditional
institution or practice, or anybody for that matter is allowed to intentionally
take the life of a citizen.
Exceptions are made for where another person dies in the course of
self-defence, or while applying reasonable force during the course of lawful
arrest or preventing his escape from lawful detention, or where death occurs
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in the course of suppressing a riot, insurrection or mutiny. It also includes
deaths from accidents and mistakes. But even at these, the violator is under
a legal obligation to prove that the force used was reasonable and justified
in the circumstance.
Section 34 guarantees you the right to the dignity of your person. This
means that no act should be done to any citizen which will derogate or
reduce the value attached to his human person, or degrade him/her. Such
prohibited acts include torture in any form or manner, by anybody or institution whatsoever. Torture does not have to be physical alone. Emotional,
psychological or mental torture is forbidden. This means no person or
group of persons is allowed under the law to torture another. The police
are not allowed to beat, punish, torture or unduly detain a citizen. This also
means that OPC, Bakassi, or other traditional or religious institutions are
not allowed to engage in any degrading or inhuman treatment of citizens.
Degrading treatments include slavery or servitude. The Constitution
likewise prohibits forced or compulsory labour except under constitutionally recognized situations like emergencies, natural disasters or as part of
training, e.g., NYSC.
We find under Section 35 one of the most important provisions as
regards Fundamental Human Rights. This section provides that “Every
person shall be entitled to his personal liberty and no person shall be deprived of
such liberty”. This means that it is unlawful for anyone to detain another or
hold him captive against his will. Building on this, the Criminal and Penal
Codes make the following acts of felonies punishable upon conviction:
kidnapping, abduction, hostage-taking, false imprisonment, etc.
Section 35 further guarantees any citizen arrested or detained the
right to remain silent or avoid answering any question until after he has
consulted with a legal practitioner or any other person of his choice. Thus, it
is unconstitutional to arrest or detain any individual and force him to make a
confession, or deny him access to or audience with his lawyer and/or family
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members. In addition to this, the same section makes it mandatory for any
person arrested or detained for committing an offence to be informed of his
crime within 24 hours, and in a language such an individual understands.
Every citizen is entitled to fair hearing. This is another important
provision of the Constitution under Section 36. It says that where the civil
rights and obligations of any citizen is to be determined, whether by or
against any government or authority, that citizen is entitled to fair hearing
within a reasonable time. In addition to this, the authority dealing with the
matter, be it a court or tribunal must be established by law and constituted
in such a manner that its impartiality or independence will be guaranteed.
One of the most vital ingredients of the fundamental right of fair
hearing, (but which, conversely, suffers more pronounced breaches in our
cultural and traditional norms), is the presumption of innocence. Section 36
subsection 5 provides that any person charged with any criminal offence is
presumed innocent until proved guilty. The elements of this presumption
include giving the accused time and facilities to prepare his/her defence, to
call any witness in his defence, etc.
As a follow-up to the above, one must emphasize that another basic
element of fair hearing in juxtaposition with traditional norms and customs
is the provision in Section 36 subsection 12 that no person can be convicted
of any criminal offence unless the following conditions are met, viz:
i.
The offence for which he/she is charged must be clearly defined;
ii.
The penalty for the offence must be prescribed in a written law.
(Please note the emphasis on written law);
iii.
Such laws must be either an Act of the National Assembly, the
law of a State, or of any subsidiary legislation or instrument as
provided under the law.4
Under fair hearing, any crime of which a person is accused must be
alive at the time it was committed. This means that before a person is held
guilty of committing an offence, such an offence must exist at the time it
was alleged to have been committed. No criminal law is allowed to have
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retroactive effect. We shall examine this in greater details in the next
discussions.
Under Section 37, the provisions on right to private and family life
relevant to this topic is the constitutional guarantee that no one can deprive
any citizen of the right to make or form a family of his/her own. Thus no
one can deprive another of the right to have babies as long as the individual
is an adult, doing it lawfully. No one can force another citizen into an
undesired marriage or wedlock without the individual’s consent. No one
can prevent a citizen from marrying the person of his/her choice, once they
are of marriageable age. No individual is permitted to force another to live
with him/her.
Right to peaceful assembly and association is guaranteed under Section
40. Therefore, every citizen is entitled to assemble freely anywhere, be it for
political, religious, social, economic, or cultural purposes. Any individual
is entitled to join or belong to any club or association or freely associate
with any other person or persons, for the promotion or advancement of any
lawful purpose. Corollary to this is that freedom of association implies the
freedom not to join or belong to any association; hence no citizen may be
compelled to join any association.
Section 41 guarantees freedom of movement, throughout Nigeria,
subject to few constitutional limitations. Nigerians are free to move from
one location, village, town, city or State to another without disturbance or
hindrance from any quarters. Nigerians are entitled to move freely within
their locality or travel from one point to another without anybody disturbing
them. No citizen of Nigeria can be expelled from Nigeria, or prevented from
travelling in or out of the country.
No Nigerian is permitted to be discriminated against on the basis of
his/her place of ethnic origin. Section 42 forbids discrimination because
of religion, tribe, or on the basis of sex. No law of the government or any
legislation can forbid a person from any particular section, religion, sex or
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place of origin from enjoying the same privileges enjoyed by others from
a different community. In addition to this, Nigerians are forbidden from
being discriminated against by virtue of the circumstances of their birth,
specifically in the area of physical disabilities.
The above represents the basic fundamental rights as enshrined in the
Constitution. One must point out that notwithstanding these guarantees,
the same Constitution makes provisions for the omnibus ground of exceptions, restrictions and derogations.5 These include where a law is made in
the interest of defence, public safety, public order, public morality or public
health, and where the law is made for the purpose of protecting the rights
and freedom of other persons.
Aside from the Nigerian Constitution however, several international
declarations, covenants, treaties and agreements have been executed to
further guarantee the rights of people worldwide, strengthening the universality of human rights. Nigeria is a signatory to, and has assented to or
ratified many of these covenants and declarations. Some of those relevant
to this discussion are as follows:
a.
International Convention on the Elimination of All Forms of
Racial Discrimination, introduced by the United Nations (UN) in
1966 and assented to by Nigeria in 1967.
b.
International Covenant on Economic, Social and Cultural Rights
introduced by the UN in 1966 and assented to by Nigeria in
1993.
c.
Convention on the Elimination of All Forms of Discrimination
Against Women, introduced by the UN in 1979 and ratified by
Nigeria in 1985.
d.
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment introduced by the UN in
1989 and ratified by Nigeria in 1991.
e.
Convention on the Rights of the Child, introduced by the UN in
1990 and ratified by Nigeria in 1991.
f.
Convention on the Rights of Persons with Disabilities, introduced by the UN in 2006 and ratified by Nigeria in 2010.
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Perhaps, the most notable international instrument which supports the
preservation of fundamental rights is the Universal Declaration of Human
Rights (UDHR).6 Most relevant of its provisions are that everyone has the
right to life, liberty and security of their persons (Article 3); that no one
shall be subjected to torture or to cruel, inhuman or degrading treatment
or punishment (Article 5); that no one shall be subjected to arbitrary arrest,
detention or exile (Article 9); presumption of innocence until proven guilty
(Article 11); protection against arbitrary interference with an individual’s
privacy, family, home or correspondence (Article 12); freedom of movement
(Article 13); equal rights as to marriage or its dissolution (Article 16); freedom
of association (Article 20); and duties to the community in which alone the
free and full development of the individual’s personality is possible (Article
29).
The African Charter on Human and People’s Rights (ACHPR)7 built
on the foundation laid by the UDHR. A careful comparison of its provisions
will reveal that both the Nigerian Constitution and the ACHPR are positive
reflections of the provisions of the UDHR.
Having considered the basic tenets of fundamental human rights as
guaranteed by Nigerian and international statutes, we shall now proceed to
analyze how these rights have fared in the courts of traditional norms and
culture.
HUMAN RIGHTS VS. CULTURAL NORMS AND TRADITIONS (0:1)
– HALF-TIME
As comical as this sub-title may appear, One stands afraid the curves
of your smile may disappear sooner than you thought, after you have fully
considered the outcome of the raging battle between human rights and
tradition/culture, so far. At the risk of appearing judgmental, let it be stated
that it is a sad commentary that in 21st Century Nigeria, traditional norms
and culture still have the upper hand in this match.
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When we talk of traditional norms and culture, the aspects relevant
to this discourse are those harmful traditional practices which derogate
from the citizens human rights as enshrined in the Constitution and international treaties. These obnoxious practices are not limited to any particular
community or ethnic group, and are present in every aspect of our lives:
social, economic, educational, cultural, religious, etc. From the North to the
South, each tribe has its full list of vile cultural norms and practices against
which we daily advocate reforms to make them conform to the Constitution,
and if not possible, abolish them.
One of the commonest breaches of human rights is what the law refers
to as trial by ordeal. This is a traditional judicial practice where the guilt or
innocence of an accused person is determined if they survived a dangerous
and unpleasant test of life and death. Under the penal codes, trial by ordeal
implies “the trial by the ordeal of sasswood8, Esere bean9 or other poison,
boiling oil, fire, immersion in water or exposure to the attacks of crocodiles or other wild animals, or by any ordeal which is likely to result in the
death of or bodily injury to any party to the proceeding...”10. This law is
an extension of the constitutional provision which prohibits any infringement to the dignity of the human person, including torture and degrading
treatment.
Our recent history is however replete with stories of trials by ordeal of
supposed evil-doers. For example, it is the usual practice in some parts of
the country for certain individuals to be branded witches or wizards, just
by merely looking at them. Since there was no “modern” method of dealing
with this phenomenon, recourse is had to traditional investigative and
judicial processes. Some of the victims, including children, are thus tortured
into admission and summarily exterminated. The methods of killing the
victims are as horrible as the act itself. It occurred recently in Akwa, Akwa
Ibom State. According to one of the witnesses, it was “a harrowing experience as the victims were beaten with sticks, rods, horsewhips, electric wire
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while intermittently burnt with fire using plastic bags and poured with
soldier ants and also stripped naked, dragged on the road with bare-body
and even forced to seat on cow dung…”. He narrated further that
“one of the victims was a 14 year old girl named Nwaeka who had a
six-inch nail driven into her head; and she became insane! …. I later saw the
girl at an orphanage called CRARN Children Centre in Eket, a place where
such children are kept, when our church visited the place during Christmas
period to donate food items and toiletries in 2009, but I later learnt that she
subsequently died as a result of brain injury after the nail was removed in
the hospital.”11
In the above report, a Commissioner in the State Cabinet was reported
to have said that “witchcraft trials are the exclusive reserve of the traditional rulers, and can only be handled at what he called “the custom and
traditional court”. Well, he merely echoed the popular belief of the people.
Reports have it that in the decade ending in 2009, over 1,000 children
were murdered on suspicion of witchcraft.12 Thousands more were tortured
and suffered permanent incapacitations and/or displacement. Some of these
tortures and extra-judicial killings were carried out by pastors, who were
actively urged on and were too willing to greedily feed on the belief of the
host communities in witchcraft and wizardry, and that immediate death
should be visited on culprits. The tortures were devised to extract information about the identity of other witches yet undiscovered.
More worrisome now is the present trend where groups of individuals constitute themselves into adjudicatory bodies with the supposed aims
of preserving our culture and tradition. (Incidentally, the group often times
remain the accuser, prosecutor and judges in their own causes). In Nigeria
of today, we have numerous socio-cultural groups (with assumed quasijudicial authorities) like the Oodua People’s Congress (OPC) in the West,
Bakassi Boys in the East, Egbesu Boys in the Niger Delta, and the Yandaba in
the North. (The current campaign of the dreaded Boko Haram sect who
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declared western education a taboo may fit in here squarely). These groups
have inadvertently become the mirror of our traditional judicial systems,
which adjudicate and punish offenders in accordance with unclear,
undefined and unwritten laws and customs. Thus, there have been many
reports of physical and emotional tortures, unlawful incarcerations in
illegal cells, detention of victims incommunicado, etc. One of my clients a
few years ago narrated his ordeal to me. He had issues with his friend about
the purchase of a vehicle, and the latter reported him to OPC members in his
local government. My client reported that he was detained in an unknown
location, stripped naked, tied with ropes, flogged daily and dehumanized
for about two weeks, before he was eventually released when he maintained
his innocence. He reported seeing several other “detainees” at this location,
while efforts to involve the security agencies yielded no fruit. He confirmed
his story by stripping to show me the lacerations and stripes caused by
lashes on his bare body.
In view of constitutional provisions, trials by ordeal are not only
diminishing, barbaric, wicked and mindless; they constitute flagrant violations of the fundamental human rights to fair hearing and dignity of the
victim’s person.
Lives are lost and/or routinely taken in Nigeria, as a result of harmful
traditional practices. One of these is for money-making and other occultic
purposes. The Soka incident in Ibadan, Oyo State (where the dungeon of
death was discovered) is still very fresh in our memory. There, the rights to
life, freedom of movement, dignity of the person and liberty of many victims
were violated with impunity by kidnappers and ritualists. While some may
attribute this to societal vices in the rat race for riches and power, the acts
stem from traditional occultic beliefs which encourage the use of human
parts for money making and other ritual purposes. It was (and possibly still
is) commonplace in Nigeria for traditionalists to hunt down hunchbacks
for purification rites, twins as sacrificial lambs to cleanse a community,
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strangers to bring peace and prosperity to the community, albinos for
fame and powers, and dwarfs for rituals to attain political positions. These
cultural absurdities mirror a communal belief that some of those individuals are harbingers of evils, who must be slaughtered for the benefits of
others. And in cultures where they are spared, they are outcasts with whom
nobody seeks to relate socially. This, however, is a violent derogation of
their rights to freedom from discrimination by virtue of their circumstances
of birth.13
It has been part of our common culture in many parts of Nigeria to
herald the death of monarchs and prominent citizens in the community
through the death of commoners. As part of the passage rites, citizens are
randomly abducted and murdered to accompany the deceased to the great
beyond, as servants and followers. With the advent of civilization, this
practice seems greatly reduced, for no one can confirm with certainty that
it has been entirely abolished. Some months ago, the rumours were rife that
many citizens went missing during the traditional burial rites of a particular
king, and were speculated to have been killed as part of the customary rites,
to accompany the monarch in his journey. Of course, security agencies have
debunked these allegations, but the truth remains unclear.
The story of the four University of Port Harcourt students continues
to leave bile in the mouth. Now famously referred to as The Alu 4, this was
the case of four University students accused of stealing. They were apprehended, lynched and burnt to death alive. I watched the video clip online
and immediately regretted my decision, as I continue to cringe and shudder
at the depth of callous barbarity a whole community could descend. Call it
mob action; yes. But The Alu 4 saga is a sad testimony of a people’s culture
which believes in jungle justice for supposed offenders, even before their
guilt is established. It is prevalent in every part of the country. Our societal
norms encourage immediate punishment for anyone accused of crime, most
times without any proper investigation. Little wonder the Yorubas came
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up with the saying that ori yeye ni mogun, t’aise lo po (literally translated
while “many accused are punished, countless are innocent”). This practice
is nothing but a travesty of the constitutional provision that presumes
anybody accused of crime innocent until the guilt is proven. The law further
forbids the killing of another human, except in the limited exceptions as we
have discussed above. On the contrary, our societal norms and traditions
presume an offender guilty, who must be tortured to extort the “truth” and
killed to serve as a deterrent. In many cases, the “offender” is dragged to
his family house where he is lynched and burnt to death in full public glare.
In many socio-cultural settings in different parts of Nigeria, we
witness flagrant display of human rights violations in the name of culture
and traditions. A ready example is the plight suffered by widows who must
undergo punitive, harrowing and degrading ordeals after the death of their
husbands; one, to prove they had no hand in such death; and two, as part
of the traditional rites of passage for the deceased. In many parts of the
Southeast of Nigeria, the traditional rites of igu mmiri ozu is rife, in which
widows are forced to drink the water used to wash the corpses of their
husbands, or ige fe ukwu ozu, where she is made to crawl over the corpse of
her husband or sleep next to the corpses for days, to prove her innocence.
A wife who refuses to go through these rites is dragged along the streets to
her father’s house, incurring public opprobrium and ridicule.
Some other communities require the widow not to take her bath until
after eight market days (one month), to sit on bare floor during the period
of mourning, totally restrict her movement and social activities during
mourning of up to one year in many instances; loss of right of inheritance if
she has no male child; shaving of the hair by women group14, etc.
In virtually all communities in Nigeria, women are by custom and
tradition regarded as assets or properties, whose proprietary rights may
be transferred upon the death of the deceased “owner” to another relation.
Most often than not, the woman has no say in this matter, and is merely
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inherited along with the late husband’s properties. It doesn’t even matter
that the woman was partly or solely responsible for the acquisition of those
properties. Her inheritance rights are gone with the man! Resistance on
the part of the woman may earn her severe sanctions and ostracization
in the society. All these traditional practices constitute derogations of the
Fundamental Human Rights of dignity to the person, as guaranteed by the
Constitution.
In many States of Southwest Nigeria, several customary rites and
traditions unduly infringe on the constitutional rights of the citizens to
freedom of movement, under the guise of culture. A classic example here
is the Oro festival celebrated in many parts of the Southwest and Lagos, till
date. During these festivals, movements of women are severely restricted
no matter the urgency or emergency, as they must not see or be seen by the
Oro masquerade. Women must stay in-door all through the day(s) of the
celebration, notwithstanding their class or statuses. (As a legal practitioner,
I have had court cases adjourned on Oro days in Ikorodu area of Lagos
because the female judge or registrars could not ‘risk’ it). Transgressors of
the custom are severely punished, at times with death. These aberrations
in modern Nigeria are nothing but sad reminders of our dark past which
we should hurry to erase, in view of constitutional guarantee of freedom of
movement under Section 41, even if for nothing else.
In many parts of Northern Nigeria, the tradition and culture encourages and sanctions the norm that girls as young as ten years be given out in
marriage, often times to adults old enough to be their grandpas. This is the
customary practice and refusals are frowned upon seriously. I personally
witnessed an incident during my brief sojourn in Maiduguri, Borno State
some few years ago when a girl of thirteen was considered “ill-fortuned”
to still be living with her parents “at that age”. The girl in question became
almost ostracized for being single. And in very rare situations are these girls
permitted a say in the choice of partners. (In any event, what choices do you
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expect of a girl of ten or twelve years!). Aside from the health and medical
consequences of early marriages and child-motherhood, these customary
practices are contrary to the provisions of the right to private and family
life in Section 37 of our Constitution. In addition, the norms and practices
derogate from the provisions of the Universal Declaration of Human Rights
on consensual marriage by a man and woman of full age.15
Worthy of mention here is another practice in the East of the Niger,
popularly referred to as the Osu or Oru caste culture. Very popular amongst
the Igbos of the Southeast, this caste system is a discrimination based on
descent. An Osu or Oru is regarded as a person sacrificed or dedicated to
the gods, a sacrificial lamb who though not for slaughter, is a child, slave
or property of a god or deity. For example, ‘in the South-East, the people
of Umuaka community in Imo State, categorized “Amafor” (one of the 10
villages in the community) as ‘Osu’. Some other minor lower caste groups
found in many kindred are given the pejorative Ibo expression of ‘ndi ejiri
goro ihe.’ This may be translated in English as “those who are sacrificial
lamb to the gods.” Marriage and relationships of love with the rest of the
community is abhorred. Those interested in public office are not getting
the necessary support from the community. In other words, they are being
denied the opportunity to fully participate in the affairs of the community.
And this has hindered their social upward mobility in the community. Some
avid supporters of the caste system would not even buy whatever they have
for sale in the market.16 The Osu or Oru is an outcast, living in a special
area of the village, close to the shrine; he/she cannot marry or be married
by a freeborn, and generations after him/her would automatically inherit
that stigma, without their slightest inputs. “The ‘Osu’ caste system, which
is a legacy of our forefathers, is an ascribed status. It is Nigeria’s version
of ‘Apartheid.’ This system which encourages segregation, is a threat to
the democratic principle of freedom of association. And for this, it should
be abrogated.”17 It is needless to add that this system of segregation and
discrimination flies right in the face of Section 42 of the Constitution which
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prohibits discriminations in every form. One finds it impossible to reconcile
this practice also with Section 34 which forbids any act to be done to any
citizen which will derogate or reduce the value attached to his human
person, or degrade him. I submit that the Osu caste system additionally
constitutes torture, emotional and psychological, to the victims, contrary to
the provisions against torture and debasing treatment.
Closely linked to the above is the issue of excessive traditional bride
price. While marriage in many parts of the country is encouraged, the price
tags on available brides have become major hindrances to many a would-be
suitor, whose lean resources have talked common economic senses into
their brains. These high bride prices, rather than reduce, have skyrocketed
with inflation, so much so that many qualified males have to adjust and
re-adjust their budgets year in year out, to match the reality. To tackle this
problem, the Bride-price Law of Eastern Nigeria 1956 was promulgated,
which fixed the amount of money to be paid as bride-price. However, the
law remains a book-law and ignored by many who see the girl-child as
a veritable investment, to be taken on only by the bold and the rich. This
harmful traditional practice has consequently left many a qualified spinster
“stranded”, and eventually branded “old stock”, as it were. This is a blatant
sacrifice of the constitutional right to marry and form a family on the altar
of culture and tradition.
Many other harmful traditional practices abound, including arbitrary
arrests and punishments depending on the whims of the person in authority,
cultural prohibitions of marriage to persons from other communities, being
ostracized for not belonging to a particular cultural group, e.g., age-grade
groups, banishment from the community, slavery, servitude, vicarious
liability (culture of punishing the children and family for the sins of an
individual), socio-religious prohibition of girl-education, women subjugation, female genital mutilation (supposedly meant to not only preserve the
woman’s virginity and her purity, but also to control and void her sexual
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libido; and many other cultural vices which space will not permit mention.
The above analysis has, therefore, highlighted the raging battle between
human rights and tradition. Unfortunately, the reports, as at today, are not
heart-warming as the protagonists of culture over human rights have not
ceased to amaze us all with the volume of evil arsenals in their armoury.
RIGHT TO CULTURE – A MYTH OR REALITY?
Advocates of the right to culture are always quick to point out to you that
several rights statutes guarantee the rights of a community or group of
people to their culture. They remind us, as if we have forgotten, that the
provision of Article 27 of the UDHR guarantees everyone the right to freely
participate in the cultural life of the community. And that Article 1 of the
International Covenant on Economic, Social and Cultural Rights18 (CESCR)
expressly stipulates that all peoples have the right to self determination,
including the right to freely pursue their social and cultural development.
When confronted with the fact that some cultures are repugnant, the
protagonists argue that the term “culture” is not clearly defined in human
rights law. And that in any event, the theory of relativity of culture indicates
that human values are culturally relative rather than universal, and varies
from culture to culture. What is good or bad, right or wrong, is relative
to culture and tradition. How a particular culture defines its beliefs and
values makes it acceptable to that culture, while it may be totally repugnant
to another culture. Morality to them, is a product of culture; and societies
disagree widely about morality, hence we have no clear ways of resolving
those differences.19
Well, this debate
. . . sharpens a long-standing dilemma: How can universal human rights
exist in a culturally diverse world? As the international community
becomes increasingly integrated, how can cultural diversity and integrity
be respected? Is a global culture inevitable? If so, is the world ready for
it? How could a global culture emerge based on and guided by human
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dignity and tolerance?20
While it may be conceded that cultural relativism is a challenge, the duty
of all is to recognize that “traditional culture is not a substitute for human
rights. It is a cultural context in which human rights must be established,
integrated, promoted and protected. Human rights must be approached in
a way that is meaningful and relevant in diverse cultural contexts. Rather
than limit human rights to suit a given culture, why not draw on traditional cultural values to reinforce the application and relevance of universal
human rights?”21
Therefore, the task before us all, firstly, is to accept the universality of
human rights. All human beings, wherever they live, are entitled to those
fundamental and basic rights from which no derogation may be permitted
vide culture and tradition. It is irrelevant here whether the individual recognizes the natural endowment of these rights or their inalienability. Those
rights exist in us, whether the activation mode is engaged or not.
Secondly, there is the need to appreciate that the right to tradition
or culture is not unlimited. We must remember this in the context of the
provisions of the same right statutes that stipulate that there are limits in
the enjoyment of the right to culture. For instance, Article 30 of the UDHR
clearly declares that nothing in the Declaration may be interpreted as giving
any person or group of persons any right “to engage in any activity or to
perform any act aimed at the destruction of any of the rights and freedoms
set forth” in the Declaration. {This same provision was re-echoed in Article
5(1) of the CESCR}. If that wasn’t clear enough, Article 29(3) of the UDHR
provides that the rights (including the right to culture) may in no case be
exercised contrary to the purposes and principles of the United Nations.
One of these principles is the promotion of universal respect for and observance of human rights and fundamental freedoms.22
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INSTRUMENTS OF PRESERVING THE FUNDAMENTAL RIGHTS OF
NIGERIANS
Now that we have recognized that cultural norms and traditions must
integrate, promote and preserve human rights, what are the instruments of
choice in this seemingly arduous task?
The first, and most vital tool in this wise is education; the second is
education, and the third is education. The role of education can never be overemphasized in the task of advocacy of human rights vis-à-vis our cultural
norms. The Holy Writs had succinctly declared that the people perish for
lack of knowledge. And there are no two ways to gain knowledge except
through education, both formal and informal. We have been advocating
that teachings on the basic human rights should be incorporated into our
school curricula, right from the Nursery/Primary schools. Human rights
should be made a compulsory subject in our Secondary schools while it
should stand alone as a compulsory unit course in the tertiary institutions,
just like we have the General Studies. With this knowledge, the awareness
and enforcement of fundamental rights would be greatly enhanced, both
by the violators and the victims. This is fast becoming the fashion, even in
civilized countries.23
Closely linked to this is advocacy. We need more focused activities
from our human rights groups, to intensify advocacy especially in our rural
areas, because this is where the majority of these traditional and cultural
practices are still predominant. Support groups should dedicate their
efforts at reaching the nooks and crannies of the country, to advocate for the
abolishment of harmful traditional practices. These will be done through
public enlightenment campaigns and programs, village square meetings,
radio and television jingles and advertisements, interactions with traditional
and cultural institutions, etc. Such campaigns will enlighten the masses on
the injustice and dangers inherent in traditions like child marriage, trials
by ordeal, extra-judicial killings, abhorrent widowhood practices, etc. To
overcome the problem of funding, volunteers at the local communities may
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be sought, tutored and sent forth to evangelize through the gospel of human
rights.
Advocacy must also emphasize the good and acceptable aspects of
our culture and tradition. Thus, governmental and corporate support and
active participation of the people must be encouraged in the celebration of
the manifestly positive aspects of our culture and traditions. In this light,
the efforts of the Lagos State Government must be commended in exposing
the positive impacts of the celebration of the Eyo Masquerades. Government
support has catapulted these events to internationally acceptable cultural
festivals, with many tourists and active participation from home and
abroad. In the same commendable group is the annual Ojude Oba celebration in Ijebu-Ode of Ogun State and Iwude in Ijeshaland, Osun State, which
were hitherto restricted vicious traditional rites but have been modernized
to emphasize the positive aspects of our culture.
Advocates must ensure a greater liaison and cooperation with traditional institutions, first to enable them understand and distinguish amongst
the good, the bad and the ugly of any culture. Secondly, this will enable
them identify areas of cooperation. Most of us advocates are guilty of
that fallacy of hasty generalization that anything traditional is evil. This
should not be so. A “greater understanding of the ways in which traditional cultures protect the well-being of their people would illuminate the
common foundation of human dignity on which human rights promotion
and protection stand. This insight would enable human rights advocacy
to assert the cultural relevance, as well as the legal obligation, of universal
human rights in diverse cultural contexts. Recognition and appreciation of
particular cultural contexts would serve to facilitate, rather than reduce,
human rights respect and observance.”24
Means of handling opposition to human rights because of tradition
and culture must be devised. Here is a classic example: the Catholic
Women Organization (CWO), in anticipation of opposition from influential
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community leaders of Ozubulu, Anambra State devised a strategy in which
some of the outspoken protagonists of tradition and critics of reforms were
conferred with titles of patrons of the CWO. With this induction, these
hitherto oppositions were won over as advocates and supporters of the
efforts to reform the obnoxious traditional rites in respect of widowhood.
This strategy helped in no small measure in forestalling resistance to
change.25
Nigeria has abundance of laws promulgated for the protection of
human rights and freedoms. The country is also a signatory to many multinational treaties in this respect. Our duty as advocates is to encourage the
citizenry to take full advantage of these laws for the preservation of their
rights.
In addition to education and advocacy, victims should be encouraged
and supported to enforce their rights and seek remedies where appropriate.
This could be through the provision of free/subsidized legal services. We
have collectively failed to activate the provisions of Section 46(4)(b)(i) of the
Constitution which mandates the National Assembly to make provisions
for rendering financial assistance to indigent citizens whose fundamental
rights have been infringed. Our people should be encouraged to first
exhaust the constitutional remedies available to them here on earth before
hastily taking violators of their rights to “God’s Supreme Court”. After all,
heaven will only help those who help themselves.
The Nigerian Constitution has conferred special jurisdiction on the
High Courts in human rights matters. To this end, special procedures for
the enforcement of fundamental rights have been stipulated by the Chief
Justice of Nigeria. This, to me, is unnecessary in view of the inordinate
delays matters suffer in our High courts in places like Lagos. Secondly,
human rights cases are not always against the government as oftentimes,
violations occur between individuals. Issues of human rights are issues of
facts and evidence. If dedicated courts cannot be instituted to solely handle
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human rights cases, then all Magistrate Courts should also be empowered
to adjudicate on issues of human rights, to reduce the burden on the High
courts. The task is for us to propose the necessary amendments to our legislators and put pressure on them for their implementation.
CONCLUSION
On effect of repugnant traditional customs, one has always found heartwarming the ratio of his lordship, Niki Tobi, JCA (as he then was) in the
case of Mojekwu v. Mojekwu.26 While delivering judgment in a case involving
the disinheritance of daughters and wives in Igbo culture, he had opined as
follows:
All human beings – male and female - are born freely, without any
inhibition on grounds of sex; and that is constitutional. Any form of societal
discrimination on ground of sex, apart from being unconstitutional, is
antithetic to a civil society built on the tenets of democracy, which we
have freely chosen as a people. We need not travel all the way to Beĳing to
know that some of our customs, including the Nnewi “Oli-Ekpe” custom,
relied upon by the appellant, are not consistent with our civilized world in
which we all live today, including the appellant. In my humble view, it is
the monopoly of God to determine the sex of a baby and not the parents.
Although the scientific world disagrees with the divine truth, I believe that
God, the Creator of human beings, is also the final authority of who should
be male or female. Accordingly, for a customary law to discriminate against
a particular sex is to say the least an affront to the Almighty God Himself.
Let nobody do such a thing. On my part, I have no difficulty in holding
that “Oli-Ekpe” custom of Nnewi is repugnant to natural justice, equity and
good conscience.
This write-up has merely attempted to demonstrate that the result
of the match between human rights versus cultural norms and traditions is barely worth its announcement. And that in spite of numerous
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constitutional, statutory, regional and international guarantees as we have
seen above, fundamental rights have continued to under-perform on the
field of play.
Of course, the match is half-way and on-going. Perhaps, a substitution/
reinforcement is desired from our reserve bench of statutory instruments
yet unutilized, to inject fresh ideas, energy and impetus into this encounter.
Advocates, as the tacticians and chief coaches, are under obligations to
identify the major areas of weakness and re-strategize to ensure a positive
turn-around. My mind tells me this match will be won eventually; but my
worry is, will this generation do the magic within regulation time?
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REFERENCES
1.
Tunde Akinshola is a Barrister and Solicitor of the Supreme Court of Nigeria,
and a Solicitor of the Supreme Court of England & Wales. He is the author of
several books on the basic rights of Nigerians in every facet of their lives.
2.
Album: Beast of No Nation 1989.
3.
Constitution of the Federal Republic of Nigeria 1999, Chapter IV
4.
I hasten to add here that the Constitution makes no provision for recognition of
offences under our traditional norms and customs. Thus, most of the supposed
offences punishable under our culture and traditions offend against the spirit
and letters of the Constitution, as those offences do not meet the requirements
of Section 36 subsection 12
5.
Under Section 45 of the 1999 Constitution, derogations are permitted in two
broad instances, as follows: fundamental rights to private and family life, of
assembly and of movement may be restricted when it is reasonably justifiable in a democratic society. Secondly, right to life and personal liberty may be
restricted in cases of emergencies like war, serious violence, armed revolt or
riots. Even at this, stringent conditions are imposed by the Constitution before
these rights could be infringed upon.
6.
Adopted by the UN General Assembly on 10 December 1948.
7.
The African Charter on Human and People’s Rights was adopted by the then
Organization of African Unity on 27 June 1981 and entered into force on 21
October 1986. It was signed by Nigeria on 31 August 1982 and ratified on 22
June 1983. It became domesticated in Nigeria vide the African Charter on
Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 Laws
of the Federation.
8.
The sassywood also known as “ordeal tree” is a toxin producing tree, and the
defendant is required to drink a concoction of its bark. If he vomits it, then he
is presumed innocent.
9.
The Esere bean, also known as the “ordeal bean” or “Calabar bean” was
commonly used in traditional trials where someone is accused of witchcraft.
The defendant is presumed innocent if he vomits the beans. However, most
defendants who ingested the beans were killed by its effects which are similar
to that of nerve gasses.
10.
See Section 207 of the Criminal Code, Laws of Lagos State.
11.
Check http://news2.onlinenigeria.com/headline/172287-horror-as-innocentchildren-and-adults-accused-of-witchcraft-tortured-and-killed-in-akwa-ibomstate-photos.html for blood-chilling pictures and commentaries.
12.
“Church Burns ‘witchcraft’ children”, The Telegraph, reported by Katharine
Houreld, 20 October 2009.
13.
S.42 of the Nigerian Constitution 1999; Article 7 of the UDHR; Article 2(2) of
International Covenant on Economic, Social and Cultural Rights (CESCR); and
Article 2 of the ACHPR.
14.
Ironically, most of these offensive practices are enforced and perpetrated by
women. In a study of Ozubulu, headquarters of Ekwusigo Local Government
Area of Anambra State undertaken by the Catholic Women Organization
(CWO) between January and December 2001, the CWO reported that “women
are the victims, perpetrators and enforcers of the obnoxious traditional
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practices and sanctions. The Study found that the patrilineal daughters
(Umuada) are the key perpetrators and enforcers who most of the times are
prejudiced against their dead relations’ wives for past disagreements or misunderstandings. They see the widowhood period as a time for vendetta. It was
likened to women fighting women and, therefore, they must collectively
stop the practice for the benefit of every woman”. See for details http://www.
nairaland.com/187778/evil-dirty-nigerian-cultures-should/9.
15.
Article 16(1) of the UDHR expressly provides that “men and women of
full age…. have the right to marry … (and) are entitled to equal rights as to
marriage, during marriage and at its dissolution.” Article 16(2) provides that
“Marriage shall be entered into only with the free and full consent of the
intending spouses”.
16.
Dike, Victor: “The ‘Caste System’ in Nigeria, Democratization and Culture:
Socio-political and Civil Rights implications.” Published in Africa Economic
Analysis 2000.
17.
ibid.
18.
The International Covenant on Economic, Social and Cultural Rights was
adopted by the UN General Assembly on 16 December 1966 and entered into
force on 3 January 1976.
19.
Routledge 1998
20.
Diana Ayton-Shenker, “The Challenge of Human Rights and Cultural Diversity”,
published by the United Nations Department of Public Information DPI/1627/
HR--March 1995.
21.
ibid.
22.
Article 1(3) of the UN Charter 1945. See also the preamble to UDHR which
pronounces that the recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family as the foundation of
freedom, justice and peace in the world; Article 1 provides that “All human
beings are born free and equal in dignity and rights…”; and Article 22 provides
for the right of every member of the society to social security.
23.
For instance, the British Prime Minister David Cameron, has recently
advocated the teaching of the Magna Carter to children in the UK. See www.
bbc.com/news/uk-27853591
24.
Diana Ayton-Shenker. Ibid.
25.
See note 12 above.
26.
(1997) 7 NWLR (Pt. 512), 283.
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> 161 <
9
Road Ethics and Life Expectancy In
Nigeria
Akinpelu, Victor Ife-Oluwa
INTRODUCTION
R
oad crashes have been noted to be one of the leading causes of death
in the world, claiming about 1.2 million lives every year. This huge
loss of mostly productive lives has drawn the attention of global,
national and municipal organizations. This chapter elucidates the place
of road ethics in achieving fuller lives and stemming the colossal loss of
human resources to road carnages in Nigeria.
Leading Causes of Death in the World
Below is a report on the leading causes of death globally from year
2000 to 2012
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Source: World Health Organization (WHO)
The chart above depicts road injury as the only non-disease factor that
ranks amongst the leading causes of death globally.
“Road traffic injuries are a major but neglected public health challenge
that requires concerted efforts for effective and sustainable prevention. Of all
the systems with which people have to deal every day, road traffic systems
are the most complex and the most dangerous. Worldwide, an estimated
1.2 million people are killed in road crashes each year and as many as 50
million are injured. Projections indicate that these figures will increase by
about 65% over the next 20 years unless there is new commitment to prevention. Nevertheless, the tragedy behind these figures attracts less mass media
attention than other, less frequent types of tragedy” – WHO, 2014.
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LEADING CAUSES OF DEATH IN THE WORLD BY AGE GROUPS
1
Rank
2
3
0−4 years
Lower respiratory
infections
1 890 008
Diarrhoeal
diseases
1 577 891
Low birth weight
1 149 168
4
5
5−14 years
Childhood cluster
diseases
7
9
10
11
12
13
14
15
1 178 856
Tuberculosis
390 004
1 043 978
5 812 863
7 153 056
Cerebrovascular Cerebrovascular Cerebrovascular
disease
disease
disease
Lower respiratory
infections
Road traffic
injuries
127 782
251 806
285 457
4 685 722
Chronic obstructive pulmonary
diseases
2 396 739
Lower respiratory infections
HIV/AIDS
1 395 611
Trachea,
bronchus, lung
cancers
Chronic obstructive
pulmonary diseases
HIV/AIDS
Tuberculosis
1 098 446
108 090
245 818
Ischaemic heart
disease
Interpersonal
violence
231 340
Self-inflicted
injuries
216 169
230 490
Childhood cluster
diseases
45−59 years
≥60 years
All ages
Ischaemic heart Ischaemic heart Ischaemic heart
disease
disease
disease
302 208
Self-inflicted
injuries
Malaria
Drowning
86 327
623 099
Tuberculosis
400 704
HIV/AIDS
390 267
Chronic
obstructive
pulmonary
diseases
Birth asphyxia and Malaria
birth trauma
76 257
729 066
Lower respiratory Interpersonal
infections
violence
92 522
165 796
309 726
Trachea,
bronchus, lung
cancers
HIV/AIDS
Fires
Cerebrovascular
disease
261 860
Cirrhosis of the
liver
124 417
Cirrhosis of the
liver
250 208
Road traffic
injuries
370 706
8
30−44 years
HIV/AIDS
707 277
219 434
Road traffic injuries Road traffic
injuries
130 835
1 046 177
6
15−29 years
HIV/AIDS
Congenital heart
anomalies
223 569
Protein–energy
malnutrition
Tropical cluster
diseases
90 845
35 454
Fires
Drowning
33 046
87 499
Tuberculosis
War
32 762
71 680
138 197
STDs excluding
HIV
Protein–energy
malnutrition
Hypertensive
disorders
67 871
Meningitis
30 763
Meningitis
64 255
30 694
61 711
Maternal
haemorrhage
100 101
221 776
Lower respiratory Self-inflicted
infections
injuries
3 764 415
2 818 762
2 743 509
927 889
Diabetes
mellitus
Diarrhoeal diseases
1 766 447
749 977
Hypertensive
heart disease
Childhood-cluster
diseases
732 262
1 359 548
Stomach cancer Tuberculosis
605 395
1 605 063
Tuberculosis
Trachea, bronchus,
lung cancers
495 199
67 511
189 215
1 238 417
Stomach cancer Colon and
Malaria
rectum cancers 1 221 432
185 188
476 902
Liver cancer
Nephritis and
Road traffic injuries
nephrosis
180 117
1 183 492
56 233
Ischaemic heart
disease
Maternal
haemorrhage
Diabetes
mellitus
Road traffic injuries Falls
53 870
Poisoning
63 191
War
49 736
52 956
61 018
175 423
Lower respiratory infections
Drowning
Leukaemia
57 287
21 097
Endocrine
disorders
20 084
Violence
98 232
Poisonings
5 489 591
Lower respiratory
infections
81 930
Fires
42 619
Tuberculosis
Poisonings
Childhood cluster Drowning
diseases
56 744
48 101
Abortion
Liver cancer
40 574
18 529
43 782
18 551
55 486
440 708
Alzheimer and Low birth weight
other dementias 1 149 172
382 339
Liver cancer
Diabetes mellitus
367 503
982 175
147 489
Cirrhosis of the
liver
Hypertensive heart
disease
Hypertensive
heart disease
366 417
Oesophagus
cancer
903 612
Self-inflicted injuries
129 634
318 112
160 259
Breast cancer
874 955
Source: WHO Global Burden of Disease project, 2002, Version 1
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The need for enhanced Road Safety advocacy, education and enforcement can therefore not be overstressed. The chart above reveals that road
traffic carnage has its most victims amongst people between ages 5 to 14, 15
to 29 and 30 to 44 years. The negligence / vice attributable to road users of
these age brackets would be explained later in this chapter.
NIGERIA’S PUBLIC HEALTH PROFILE
Total population (2012)
Life expectancy at birth m/f (years, 2012)
Probability of dying under five (per 1 000 live births, 2012)
Probability of dying between 15 and 60 years m/f (per 1 000
population, 2012)
Total expenditure on health per capita (Intl $, 2012)
169,000,000
53/55
124
371/346
161
Source: WHO
It is therefore glaring that with a life expectancy of 53/55 years, about
12 percent of new born babies dying under 5 years and an additional 34 to
37 percent of the populace dying between 15 and 60 years, Nigeria needs
more integrated efforts in boosting its public health profile.
ROAD CRASH FATALITIES IN NIGERIA
Below is a report of road traffic accidents from year 2007 to 2013
Year
2007
2008
2009
2010
2011
2012
2013
TOTAL
Number of Cases
8,477
11,341
10,854
5,330
4,765
6,269
13,538
60,574
Number Killed
4,673
6,661
5,693
4,065
4,327
4,260
6,544
36,223
Number Injured
17,794
27,980
27,270
18,095
17,464
20,752
40,057
169,412
Source: Federal Road Safety Corps (FRSC)
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More than thirty six thousand people have been killed in road mishaps
while over one hundred and sixty nine thousand others sustained injuries
in sixty thousand five hundred and seventy four road accidents in Nigeria
between years 2007 and 2013. The casualties far exceed those of the Boko
Haram insurgency!
For instance, out of a total of 2,913 trauma patients who had attended
the University of Ilorin Teaching Hospital in Nigeria over a period of 15
months, 1,816, or 62.3%, had suffered road traffic injuries (Solagberu et al
2002)
Road Ethics: The Way Out!
Road crashes are very much avoidable; virtually every road crash is
traceable to neglect of traffic law(s). The following traffic regulations are
therefore germane to safe road use:
Compliance with Speed Limits
The huge loss of road users aged 15 to 29 and 30 – 44 years (as in chart 2
above) is largely traceable to over-speeding. The Federal Road Safety Corps
has affirmed that more than sixty percent of road crash fatalities in Nigeria
can be traced to over-speeding. A good driver should resist the temptation
to over-speed. FRSC has continued to re-iterate the fact that the risk of a
road crash and fatality increases with the speed of the vehicle. Below is a
graphical representation of speed limits by road and vehicle type.
SPEED LIMITS FOR DIFFERENT VEHICLES (km/hr)
Types of Vehicle
Town & City
Highway
Motorcycles
50
50
Private Cars
50
80
Expressway
100
Ta Xis & Buses
50
80
90
Tankers & Trailers
45
50
60
While Towing
45
45
45
While Not Towing
50
60
70
Tow Vehicle
Source: Federal Road Safety Corps
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It has to be noted that violators of speed limits as shown above are
liable to prosecution in a Court of Law or payment of fine.
Over speeding and recklessness by motorcyclists is another major
cause of road traffic injury. The onus lies on motorcycle passengers to
caution over-speeding and errant riders.
Speed-Limiting Devices: In September 2013, FRSC lunched the
campaign for the introduction of speed limiting devices in commercial
vehicles. This was borne after research findings by the Corps revealed that
commercial vehicles account for 30 percent of crashes and 40 percent of
fatalities in Nigeria with 65 percent of the total crashes caused by overspeeding. Speed limiting devices make it impossible to accelerate beyond a
specified maximum. Private vehicle owners are also encouraged to key into
the initiative.
Compliance With Loading Regulations
Every vehicle has a passenger / freight limit as specified on the Road
Worthiness Certificate. Overloading makes a vehicle less balance, reduces
its ability to manoeuvre when necessary and makes it more prone to a crash.
The following are some indicators of an overloaded vehicle:

One or more passengers cannot use the seat belt: Every occupant
of a vehicle is expected to use the seat belt; this becomes impossible
when the vehicle is overloaded.

Visibly over-burdened tyres: When a vehicle is overloaded, the
tyres carry a weight beyond what they are designed for. This
weakens the tyres, makes them prone to a burst and endangers the
occupants of the vehicle.
Motorcycle overloading is a more dangerous road vice; Safety is totally
jettisoned and there is a high tendency of the rider/passengers getting
injured.
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Use of Seat Belt
All occupants of a vehicle are to use seat belts. It becomes more imperative for the driver and the front passenger to use seat belts because of the
hard surfaces (wind shield and dash board) they may collide with in case
of a crash.
“Every vehicle shall have fitted in the front and rear seats, seat belts
and child safety seats which shall be securely worn by the driver and the
other occupants of the vehicle while the vehicle is in motion” – National
Road Traffic Regulation (2012), Section 126 (1)
Breen (2004) also warned that:
Failure to use seat-belts is a major risk factor for vehicle occupants. The
most frequent and most serious injuries occurring in frontal impacts to
occupants unrestrained by seat-belts are to the head.
Seat belts are major life-saving vehicle paraphernalia. Failure to use
seat belt is a traffic offence which attracts the payment of fine in lieu of
prosecution in a Court of Law.
Use of child-safety seats and proper positioning of children
To further ensure the safety of children while driven in vehicles by
adults, FRSC added two offences to its list of offences. The new offences as
related to children are:

Child Restraint Violation (CRV)

Child Sitting Position Violation (CPV)
While Child Restraint Violation (CRV) makes it an offence to put a
child in a vehicle without using proper restraints, safety seats and seat belts;
Child Sitting Position Violation (CPV) makes it an offence to put a child
below twelve (12) years of age in the front seat. Each of the offences attracts
a fine in lieu of prosecution in a Magistrate Court.
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Children strapped on child safety seats. Source: FRSC photo archive
Non-compliance with this regulation is one of the major causes of
child mortality on the road as shown in Chart 2 above.
Adequate Visibility of Children by Motorists and Cyclists
It has been observed that children are sometimes knocked down as a
result of poor visibility by motorists and cyclists; this makes it important
for children to always be guided by adults when using the road. The Zone
2 of the Federal Road Safety Corps comprising Lagos and Ogun States
launched the Children Accident Prevention Initiative (CAPI) in the year
2011. CAPI had about one thousand five hundred school children across
Lagos and Ogun States decorated with reflective jackets. The initiative
which was tagged “be seen, be safe” was conceived to aid the visibility of
school children by motorists and other road users.
It is therefore advisable that children wear reflective clothing when
using the road at early or late hours of the day. Drivers should also be sure
of the location of children within the home premises before moving vehicles.
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No Phones While Driving
Phones have become a major source of distraction to drivers resulting
in road accidents and fatalities. Concentration of drivers is seriously reduced
when using the phone. FRSC frowns at drivers and cyclists making use of
the phone while in motion. Use of phone while driving is a traffic offence
in Nigeria for which the violator could be fined or charged to Court. It is
commonly said in road safety parlance that “you are four times more likely
to have a crash when you are on a mobile phone.” For drivers who must
receive a call, using the Hands-free mobile telephone (a mobile telephone
device, usually fitted to the dashboard of a vehicle, which does not require
manual operation) is advisable.
Check Your Tyres
A bad tyre is a crash waiting to happen; a driver must be sure of the
reliability of the vehicle tyres each day; deflation, wearing and punctures
must be checked daily. A driver must also bear in mind the maximum
pressure and date of expiration of the tyres; the maximum pressure (max
psi) and date of threading (DOT) are usually written on every tyre. The
DOT is a four digit number; the first two represents the week while the last
two digits represents the year of production after 2000. A tyre expires four
years after the DOT. A tyre with DOT 0513 was manufactured in the fifth
week of the year 2013 and will expire in the fifth week of the year 2017.
Using expired or worn out tyre is an offence for which the driver could
be charged to court or made to pay a fine.
USE OF SAFETY HELMETS BY CYCLISTS
“No person shall ride a motorcycle without wearing an approved
safety helmet or carry a passenger who is not wearing an approved safety
helmet” - National Road Traffic Regulation (2012), Section 194(c).
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The spate and fatality of crashes involving motorcycles has become
a national health concern. This amongst other factors has moved some
State Governments to ban the movement of motorcycles on certain roads.
The safety helmet is the only safety apparatus on a motorcycle; the Law
therefore makes it compulsory for riders and passengers to wear safety
helmets. Bicycle riders are also expected to wear safety helmets when riding
on public roads.
Pedestrian Safety
Pedestrians often fall victim of the recklessness of drunk and
errant drivers. Cases where pedestrians become casualties of mechanical problems of moving vehicles such as steering lock or brake failure are
also quite common. Pedestrians and cyclists are the most vulnerable road
users; “Pedestrians have a 90% chance of surviving car crashes at 30 km/h
or below, but less than a 50% chance of surviving impacts at 45 km/h or
above” (Breen 2004).
The following regulations/precautions are critical to the safety of
pedestrians.
Use The Pedestrian Lane: Standard roads especially those within
towns and cities are expected to have pedestrian lanes. Pedestrian lanes
are built to be higher than motor pavements preventing motorized traffic
(vehicles and motorcycles) from coming in contact with pedestrians and
bicyclists.
Never Back Traffic: Many are still ignorant of this basic rule of pedestrian safety. Backing road traffic puts a pedestrian or bicyclist at a high risk,
facing traffic leaves one with chances of spotting an errant driver and taking
appropriate safety measures.
Use The Foot Bridge Or Pedestrian Crossing: Foot bridges provide
the safest means of crossing busy roads by pedestrians. In the alternative,
Pedestrian Crossings with its unique black and white markings ensure the
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visibility of crossing pedestrians by motorists.
Use Information And Communication Technologies (ICT)
Communication is one of the reasons people travel, discussions
that cannot be made over the phone are fixed for a date and venue. ICT
however offers a veritable alternative for physical movement and convergence; teleconferencing, e-mails, social media and other ICTs reduces the
need for embarking on trips, provides an economical and effective group
discussion platform and eliminates the risks associated with physical travel.
Organizations are to harness ICT to reduce long distance mobility of staff
and the dangers thereof.
United Nations Decade of Action for Road Safety
In stemming the huge loss of lives to road accidents, United Nations
launched a Decade of Action for Road Safety. This decade of action spans
from year 2011 to 2020 and has the following pillars:

Investing in safer roads

Increasing road safety and mobility

Developing safer vehicles

Fostering safer road users

Improving post-crash management
Everyone holds a stake in ensuring the success of the Decade of Action
for Road Safety; this is by complying with traffic regulations and joining the
campaign for safe road use.
CONCLUSION
No person, age bracket, family or social class is spared from the disaster of
road crashes. All persons, families, organizations and professional bodies
must therefore show concern and involvement in eliminating road crashes
and ensuring fuller lives for all Nigerians.
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REFERENCES:
Breen J. (2004): World Report in Road Traffic Injury Prevention, Ed. M. Peden, R.
Scurfield, D. Sleet et al; Geneva: World Health Organization.
Federal Road Safety Corps (2014). Policy, Research and Statistics Archive. Accessed
24th June, 2014
National Road Traffic Regulation (2012); Federal Government Publisher, Lagos
Solagberu B. et al (2002) Clinical Spectrum of Trauma at a University Hospital in
Nigeria. European Journal of Trauma, 6:365–369. Accessed online on 21st June,
2014
World Health Organization (2014): The Top Ten Causes of Death. Accessed online at
http://www.who.int/mediacentre/factsheets/fs310/en/index1.html on 21st June,
2014
World Health Organization (2014): Road Traffic Injuries. Accessed online at http://
www.who.int/violence_injury_prevention/road_traffic/en on 21st June, 2014
World Health Organization Global Burden of Disease Project, 2002, Version 1.
Accessed online at http://www.who.int/healthinfo/statistics/mortality/en on
21st June, 2014
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10
Redefining the Nigerian Health Sector
with a Sharp Focus on Professional Ethics,
Practices and Conduct
Dr. Abimbola O. Adewolu
OVERVIEW
E
thics, otherwise known as moral philosophy, derives from the Greek
word ethikos, which means “custom”. Ethics can be defined as the
branch of philosophy which deals with the morality of human
actions, human behaviour, the systematic study of the fundamental principles of the moral law. It is the normative science of human conduct —that
is, concepts such as good and evil, right and wrong, virtue and vice, justice,
etc.
The term refers to a set of values, principles, and beliefs that guides the
behaviour of a specified group, the Health Sector inclusive. For example,
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is it right for a young 16 year old girl to have abortion after been raped?
When we consider “Right of disclosure”, is it appropriate to tell the wife
of an A.I.D.S. patient about the husband’s illness or not? A nation that will
grow must exhibit high ethical standards. In America today, decisions are
being made on stem cell transplantation, human cloning, abortion, euthanasia, homosexuality. Nigerians must decide their stance on these issues
and many more.
STANDARDS OF CONDUCT
Morality is the general term for an individual’s or a society’s standard of
conduct, both actual and ideal, and of the character traits that determine
whether people are considered good or bad.
The scientific study of morality is called descriptive ethics – In this case,
a scientist describes the moral judgments, beliefs or actions of individuals
or societies in empirical terms and the reasons given for actions and beliefs.
Branches of Ethics
i.
Normative Ethics, also known as prescriptive ethics - This branch of
ethics actually judges morality. This is an analysis of what the standards
of moral judgment ought to be, a reflection on the kinds of actions and
principles that will promote moral behaviour. Normative judgments
are value judgments: they indicate whether something is good or bad.
For example, to proclaim that abortion is right or wrong; that advanced
directive is good or bad; that euthanasia is morally good or bad, etc.
ii.
Meta-ethics: This is the branch of ethics that concerns itself with the
analysis or elucidation of ethical concepts or ideas, e.g., what do the
terms “good,” “bad,” “right,” “wrong,” “evil,” “moral obligation,” etc,
signify? How may we define a good action?
Meta-ethics is also known as analytic moral philosophy, which refers
to a critical analysis (meaning) of the methods, concepts and terms of
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reasoning.
iii.
Applied ethics: This is an attempt to apply ethical theory to real
life situations. The discipline has many specialized fields, such as
Engineering Ethics, Bioethics and Business Ethics.
It involves the investigation of specific questions that have elicited
ethical controversies, such as end of life issues, in vitro fertilization, environmental degradation, world poverty, how to deal with conflicts arising from
our multi-cultural world, etc.
Bioethics is a specific discipline that probes the reasoning behind our
moral life within the context of the life sciences; how we decide what is
morally right or wrong in Bioscience. (Ogundiran, 2012)
Contemporary Medical Ethics
A twelfth century Jewish physician in Egypt - Moses Maimonides,
since advised “Don’t let desire for profit, fame, or admiration interferes
with your work.”
More specifically, Agulanna (2012) emphasize the following as general
Ethical Principles in Medical Practice:

Do no harm to your patients

Be observant, kind and respectful

Behave morally

Have compassion

Do not allow a desire for profit or fame to affect your judgment

The patient is always equal to the physician
The central hub around which the practice of health sciences revolves
since the time of Hippocrates is the “hidden curriculum” which appeared
as a recognizable academic discipline in the 19th century, as professional
ethics and a compulsory part of Medical curriculum in the UK since 1993.
William Osler (1892) noted “Medicine arose out of the primal
sympathy of man with man and out of the desire to help those in sorrow,
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need and sickness” This is also the fountain from which medical research
sprang forth – to cure plagues; to bring relief to those suffering and provide
a dignified death.
HISTORY OF RESEARCH ON ETHICS IN MEDICAL PRACTICE
Max Bockhart inoculated a patient suffering with paralysis with a pure
culture of gonococcus. The patient died ten days later. In 1887 Dr Stickler
inoculated children with the blood of horses and cows and later inoculated
them with blood from scarlet fever patients. These are ethical issues.
Walter Reed’s “Yellow Fever Board” sketched some guidelines for
research ethics including Self experimentation, Enrolment of only adults,
Signed contract with sliding scale compensation.
Going by the history of research ethics, the first “national guideline”
on health research ethics was a ministerial directive issued by the Prussian
Ministry of Health in 1900. The guideline was precipitated by the work of
Professor Neisser of the Neisseria sp fame. In 1898, he tried to develop an
anti-syphilis agent by injecting cell-free serum from syphilitic patients to
other patients – mostly prostitutes – without their consent. Some of the
participants developed syphilis as a result. In 1900, the Royal Disciplinary
Court fined him the equivalent of 2/3 of his annual income.
On February 28, 1931 Germany enacted the first national research
ethics regulations titled – “Regulations on New Therapy and Human
Experimentation”. This was largely in response to the increasing use of
human participants in research being driven by the strength of the German
Health Research and Chemical Industry. The very strict “Richtlinien”
outlined how to conduct human experimentation and the use of innovative
therapies in medicine.
The Nuremberg trials that followed the Second World War experiments focused attention on the need for a code of research ethics. Prosecutors
argued that the experiments violated fundamental ethical standards of
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civilized society. The defendants argued that voluntary participation by
human subjects in medical experimentation was not the norm at that time.
The judges agreed with the prosecution and in addition to sentencing the
defendants also enunciated what is now known as the Nuremberg Code
1948.
The main components of the code are-1.
Requirement for voluntary participation
2.
Informed consent
3.
Favourable Risk/Benefit Analysis
4.
Right to withdraw without penalty
The scandals and the events thereafter led to some unique
developments:
-
imperative to become sensitive and adherent to ethics of the
profession;
-
decline of paternalism and the rise of liberalism, individual
rights and autonomy
-
“socialization” of Medicine and the Biomedical Sciences
Thus Bioethics was born as a child of necessity partly in response to
unhealthy practices involving experimentation with human subjects with
consequent development of regulatory policies and documents.
However, its scope and horizon continue to expand in the face of
the increasing complexities of societal dynamics, Medical Technology and
Health-Care practices.
ETHICAL THEORIES AND PRINCIPLES
Ethical theories and principles are the foundations of ethical analysis. It is
to them we turn to obtain guidance when seeking to make ethical decisions
on any matter including health-related matters. However, in order for an
ethical theory to be useful, the theory must be directed towards a common
set of goals.
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Ethical principles are the common goals that each theory tries to
achieve in order to be successful. These goals include beneficence, least
harm, respect for autonomy and justice.
General moral/ethical principles led to making some general statements about what is morally right or wrong, good or bad, or what we
should or ought, or shouldn’t or ought not to do. Not all moral judgments
are general principles. Some are about specifics.
Deontological Theory
Deontology (from Greek deon, “obligation, duty“) is an approach to
ethics that focuses on duty, rules and the intentions of the person doing the
act. Some features of an act other than its consequences makes it right or
wrong, may be based in religious belief, “natural law,” common morality
or other system.
honesty
beneficence
fidelity
nonmaleficence
gratitude
justice
autonomy
privacy
RULES
Rules of thumb
Binding rules
Absolute rules (eg,
Duty/obligation
Kantianism
Kant’s ethics is an ethics of “respect for persons”
One formulation of the CI that is crucially relevant in dealing with
issues in Biomedical ethics is the one that tells us:
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“Act in such a way that you always treat humanity, whether in your
own person or in the person of any other, never simply as a means, but
always at the same time as an end”
Preliminary Questions
What does it mean to treat an individual as an end?
Is it always morally wrong for one person to use another as a means?
Are there extenuating conditions to this rule? – explain what such
conditions would look like.
Kantianism
Modern Kantians still stress the importance of generally living by
moral rules or laws. However, unlike Kant, many are not absolutist in their
application of moral rules or laws. Kant’s ethical ideas continue to have great
impact in ethical thinking till date, the Health Sector inclusive. Mappes and
De Grazia argue that his ethical theory remains “the underlying framework
of much argumentation in biomedical ethics “today. For example, Kant’s
theory is manifested in the idea of duties owed to a patient by the doctor
and his team – the duty of care and the duty not to harm.
Some difficulties
Although deontology contains many positive attributes, it also
contains its fair number of flaws:
-
Provides no rationale or logical basis for deciding an individual’s
duties
-
Does not provide any guidance on how to resolve conflicting
duties or obligations
-
Absolutism – a big problem
Permissible murder?
A doctor kills a deteriorating and suffering patient using an undetectable method. The patient’s family is relieved of financial and psychological
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stress, and the patient is relieved of suffering. Some questions become
apparent- Who benefits? Who suffers? What is the balance? Permissible
murder?
However, except through an unlikely chain of circumstance, the
doctor’s act is discovered. He goes to jail after a very painful trial.
Who benefits? Who suffers? What is the balance? Is the morality or
ethical value of the act altered by the outcome?
Moral dilemma
You are a 1940 doctor in charge of a hospital in which you are treating
Jewish patients. Nazi soldiers come and ask you if you have any such
patients.
How do you respond if honesty is a “rule of thumb”?
How do you respond if honesty is a “binding rule”?
How do you respond if honesty is an “absolute rule”?
Four Ethical Principles
Earlier, we mentioned that in order for an ethical theory to be useful,
the theory must be directed towards a common set of goals. Ethical principles are the common goals that each theory tries to achieve in order to be
successful.
In what follows, we discuss four important ethical principles: respect
for autonomy, non-maleficence, beneficence, justice.
(1)
Respect for autonomy
-
Respecting the decision-making capacities of autonomous
persons
-
Tell the truth
-
Respect others’ privacy
-
Protect confidential information
-
allow individuals to make reasoned informed choices
-
Obtain consent for interventions
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(2)
Non-maleficence:
- Healthcare professional should avoid the causation of harm to
patient
-
do not kill
-
do not cause pain or suffering to others
-
do not incapacitate others
-
do not cause offense to others
-
do not deprive others of the goods of life
(3)
Beneficence
-
This aims at providing benefits, and balance benefits against
risks and harm.
-
Protect and defend the rights of others
-
Prevent harm to others
-
Remove conditions that will cause others harm
-
Help disabled persons
-
Rescue persons in danger
Hippocratic Oath
One basic principle in the Oath is:* do not harm*
(4)
Justice
Distribute benefits, risks, and costs fairly to each on equal share; to
each according to effort; to each according to need; to each according to
contribution; to each according to merit
Applying the Four Principles
Mrs Y is 56 years old and has a learning disability. She is admitted
to hospital with an ovarian cyst. The cyst is blocking her ureter and if left
untreated will result in renal failure. Mrs Y would need an operation to
remove the cyst. Mrs Y has indicated quite clearly that she does not want a
needle inserted for the anaesthetic for the operation to remove the cyst- She
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is uncomfortable in a hospital setting and is frightened of needles.
Applying the Four Principles
The clinician is concerned that if the cyst is not removed Mrs Y will
develop renal failure and require dialysis which would involve the regular
use of needles and be very difficult to carry out given her fear of needles
and discomfort with hospitals. The anaesthetist is concerned that if Mrs Y
does not comply with the procedure then she would need to be physically
restrained. Mrs Y’s niece visits her in the care home every other month. The
niece is adamant that her aunt should receive treatment.
Question
Should the surgeon perform the operation despite Mrs Y’s objections?
How would you apply the Four Principles to this case?
DOCTOR–PATIENT RELATIONSHIP
This involves Privacy, confidentiality, truth telling, autonomy, beneficence, non-maleficence and justice issues.
PROFESSIONALISM
All we do is to retain authorization and self improvement as well as to
translate these to the maximum advantage of the patients, general society
and so our profession.
Issues of profession: Knowledge, attitude and skills based on authorization by society; generally regard as good by society requiring and
involving self control the engaging of humans as such, holistically.
Notice that this requires possessing dynamic personal internal
capability and external propriety and harmony within the body of professionals. A professional is what you are in the context of the professional
body and not mere content of ability.
[Goodness as continuing capability for proper and excellent improvement based on proper certification, admission and initiation].
The Doctor and the Patient: Legal Relations
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1. Duty of Care (love thy neighbour)
Defines the interests that are protected by the tort of negligence.
Marks out the boundaries of what is or is not actionable.
Modifies our behaviour to give thought and caution to our ‘neighbour’
– persons who are in the area of foreseeable danger.
In certain circumstances, it imposes an obligation to exercise reasonable care to avoid acts or omissions which can be reasonably foreseen to be
likely to cause physical harm to persons or property. Where there is no duty
to exercise care, there is no legal consequence. Negligence is the failure to
exercise that care.
Legal Test for Duty
The test – “is there reasonable foresight of harm to persons whom it is
foreseeable are likely to be harmed by my carelessness’?
2. Fiduciary Duty –
Arises out of a relationship held or given in trust.
Confidence by one in the other.
Duty not to act in breach of trust and confidence.
Doctors are in a fiduciary relationship with their patients and have an
overriding responsibility towards their patient dependent on public confidence.
ORGAN TRANSPLANTATION
Organ donation is the process of transplanting an organ from one
individual to another and typically occurs after the donor’s death.
Organ and tissue donation involves making a decision about how
someone’s body is to be treated after death.
CERTIFYING DEATH
Before organs are removed from any donor, the medically accepted
brain death criteria must be applied.
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This is a legal pronouncement by a qualified person that further
medical care is not appropriate and that a patient should be considered
dead under the law.
The specific criteria used to pronounce legal death are variable and
often depend on certain circumstances in order to pronounce a person
legally dead.
W.H.O. GUIDING PRINCIPLES ON ORGAN TRANSPLANTATION
(1991, updated in 2008)
These revised guiding principles are intended to provide an orderly,
ethical and acceptable framework for acquisition and transplantation of
human cells, tissues and organs for therapeutic purposes.
They address issues of access, quality, safety and ethics in
transplantation.
INCOMPETENT PATIENT
A patient who is unable to take a decision for himself in relation to
medical treatment because of an impairment of, or a disturbance in the
functioning of, the mind or brain, e.g. a person with certain forms of mental
illness or with significant learning difficulties as well as a person who is
suffering from temporary concussion or loss of consciousness; One that
lacks capacity for making autonomous choice. They are regarded as incompetent patients.
CAPACITY –
Individual’s ability to understand the significant benefits, risks and
alternatives to proposed health care and to make and communicate a health
care decision.
A central point in law is that there is no proxy consent for an adult.
Thus no person (for example the patient’s next of kin) can either give or
withhold consent on behalf of a patient.
An exception is the case of the incompetent adult.
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Unless there is in existence a valid and applicable AD or a lasting
power of attorney, the decision on how and whether to treat an incompetent patient will be made by the relevant medical professional in accordance
with what he considers to be in that patient’s best interest.
In certain cases, for example where a patient is in a persistent vegetative state or in the event of a dispute, the decision will be made by the courts,
who also have the power to appoint a proxy.
HUMAN REPRODUCTIVE ISSUES
Reproduction is the process by which organisms replicate themselves.
In a general sense, reproduction means making a copy, a likeness, and
thereby providing for the continued existence of species.
REPRODUCTIVE HEALTH AND RIGHTS
Reproductive health and rights form a foundation for satisfying
relationships, harmonious family life and the dream of a better future.
Reproductive Health and Rights are also keystones for meeting the
Millennium Development Goals (MDGs). It is a state of complete physical,
mental and social well-being and not merely the absence of disease
or infirmity, in all matters relating to the reproductive system and to its
functions and processes.
It implies that people are able to have a satisfying and safe sex life
and that they have the capability to reproduce and the freedom to decide if,
when and how often to do so.
WHAT IS REPRODUCTIVE RIGHT?
Reproductive right are certain Human Rights that are already recognized in National Laws, International Laws and International Human
Rights Documents and other consensus documents.
They rest on the recognition of the basic rights of all couples and
individuals to decide freely and responsibly the number, spacing and
timing of their children and to have the information and means to do so,
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and the right to attain the highest standard of sexual and reproductive
health. It also includes the right to make decisions concerning reproduction
free of discrimination, coercion and violence, as expressed in Human Rights
Documents. (ICPD Programme of Action, Paragraph 7.3)
INTERNATIONAL AND NATIONAL PROVISIONS
PROMOTE AND PROTECT REPRODUCTIVE RIGHTS:
THAT
1999 Constitution of the Federal Republic of Nigeria
International Convention on Economic, Social and Cultural Rights
(ICESCR)
UN Convention the Rights of the Child (CRC)
International Covenant on Civil and Political Rights (ICCPR)
Convention on the Elimination of all Forms of Discrimination against
Women (CEDAW)
African Union Protocol on the Rights of Women in Africa (AUPRWA)
African Charter on Human and People’s Rights (ACHPR).
The Human Rights Concerned:
The Reproductive and Sexual Human Rights include:
-
Right to self-protection and to be protected against sexually
transmitted infections and HIV/AIDS.
-
Right to Family Planning Education and to decide on the
number and spacing of children.
-
Right to adequate, accessible and affordable health services
including information, education and communication
programmes to women especially in rural areas.
The Right to Privacy.
The right to freedom from discrimination and discriminatory social
practices, including female genital mutilation, prenatal gender selection,
and female infanticide.
The right to freedom from coercion and violence, sexual exploitation, forced prostitution.
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These rights are inextricably linked to other Fundamental Human
Rights guaranteed to all women, rights that are universal, indivisible, interconnected and interdependent, including:
-
The right to equality between men and women and to full and
equal partnership in the family and society.
-
The right to full respect for the inherent dignity of the person.
-
The right to full and equal participation in all aspects of public
life and decision-making.
- The right to an adequate standard of living.
REPRODUCTIVE RIGHTS ISSUES

Rape, including marital rape

Incest

Female Genital Mutilation (FGM)

Vesico Virginal Fistula (VVF)

Early/Forced marriage

Unsafe Abortion

Unwanted Pregnancies

Bride Price related violence

Maternal and infant mortality

Nutritional taboos.
SOME LEGAL CUM ETHICAL ISSUES IN MEDICAL PRACTICE
ABORTION- Sections 228,297,230 CCA and Sections 232-235 PCA
In Nigeria abortions are illegal regardless of duration of pregnancy,
unless the abortion is performed to save a pregnant woman’s life.
However, the laws do not clearly distinguish between abortions
performed by registered Medical practitioners and unregistered ones, nor
do they stipulate the kind of facility in which abortions may take place.
Other abortion-related offenses include supplying materials knowing
that they may be used unlawfully to procure the miscarriage of a woman;
causing a miscarriage, or undertakes any act that causes a woman’s death.
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It is also unlawful for a person to use force on any woman and thereby
unintentionally cause her to miscarry.
Spousal consent is not a requirement for an operation necessary to
save a woman’s life. The government does not subsidize abortion services.
In 1973 the United States Supreme Court legalized abortion with its
landmark Roe v. Wade decision. The court held that a woman, with her doctor,
could choose abortion in earlier months of pregnancy without restriction,
and with restrictions in later months, based on the right to privacy.
2. Contraception
There is no law that explicitly regulates the sale or use of contraceptive drugs and devices. Nigeria does not have a Policy directed specifically
at the safety requirements of contraceptive drugs and devices.
CONCLUSION
In conclusion, notable religions have consistently taught that ethical practice
stands as an active submission to God by the community. Ethics deals with
moral and ethical principles that apply values and judgement to practice
of Medicine. One would advocate hard-work, forgiveness, and increased
nationalism to redefine the Nigerian Health sector.5There should be respect
for elders in the Profession. Older people should be given more responsibilities. Churches and mosques should be encouraged to own schools
to meaningfully educate their membership on health-related matters.
Churches and Mosques should be encouraged to associate with medical
experts in the hospital.
Issues of discipline should be taken more seriously in the Medical
profession. The disciplinary tribunal of the Medical and Dental Council
should meet more regularly, to treat cases of Immoral, unbecoming, unfit,
irregular, unethical manners, behaviour or act.
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It is also suggested that the results of their meetings published in the
daily newspapers. Wide publicity should be given to unethical practices in
the field, together with possible sanctions that follow.
Ethics and moral values should be taught to Medical students as a
compulsory course in the University. Belief in God and practice of medicine
cannot be separated. Nigerians should be encouraged and even assisted to
see lawyers about unethical practices by medical personnel in Nigeria.
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REFERENCES
Agulanna, O. Christopher (2012) Medical Ethics, West African College of Physicians.
University of Ibadan, January 19.
Ogundiran, O. Temidayo (2012) Bioethics, West African College of Physicians,
University of Ibadan
Osler William (1892) The principles and practice of Medicine. D Appleton New York)
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> 191 <
11
Developing Non-Oil Dependent Economy
through Exploration and Marginal
Utilization of Diverse Natural Resources
Akanfe Kolapo Ige, PhD
INTRODUCTION
N
atural resources, (both renewable and non-renewable), and
ecosystem services are a part of the real wealth of nations. They
are the natural capital out of which other forms of capital are
made. They contribute significantly towards meaningful growth of fiscal
revenue, income, and poverty reduction strategies. Sectors related to
natural resources also stand as viable avenues to provide jobs and are often
the basis of livelihoods in poorer communities. Owing to this fundamental
importance of natural resources, they must be managed sustainably.
Government plays the essential role in putting into place policies that
ensure that resources contribute to the long- term economic development of
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nations, and not only to short- term revenue generation. Non-oil dependent
countries can utilize various natural resources to develop their economy
and plan for the future, also turn the so-called “resource curse” into unique
developmental opportunity. While being the foundation of economic activities and development, natural capital (encompassing natural resource
stocks, land and ecosystems) is often undervalued and mismanaged. This
imposes costs to the economy and society, which may sometimes be considerable, shaving off several digits of annual increase in the Gross Domestic
Product of a country. Limited possibilities of substitution between natural
and physical capital and the fact that the quality of natural capital can change
abruptly also introduces the potential for bottlenecks which can sustainably
reduce growth. Sustaining renewable resources largely concerns conserving
the stocks of resources and their quality, as well as maintaining a quantity of
steady flows over an indefinite period of time. Even though non-renewable
resources cannot be sustained because of their finite stocks, countries using
these resources can achieve sustainability by investing the revenues derived
from them into other forms of capital.
Many nations have experienced a resource-curse associated with poor
development outcomes, though the causes differed. Poor economic performance in many natural resource-rich economies may have been caused
by weak resource management institutions and imperfect structures of
ownership and control in particular. Besides economic repercussions, the
resource curse may also lead to governance problems by manifesting itself
through rent seeking and corruption. Proper valuation and accounting
of natural resources are necessary for robust development planning. Just
as necessary are transparent institutions and good governance. Decisionmaking that is inclusive helps provide not only legitimacy for resource
management policies, but also ensures that the range of knowledge and
social interests and values are considered in policy-making. Managing
natural resources generally entails also managing competing demands
and multiple resources and values as well as providing for environmental
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protection, which requires an integrated approach. High- quality institutions that promote economic growth are at the heart of good governance.
This includes regulatory authorities that are reliable and free of corruption, transparent and accountable; reliable property rights and functioning
markets; the absence of harmful subsidies that interfere with sustainable
resource use; the rule of law and adequate legal recourse.
THE ECONOMIC SIGNIFICANCE OF NATURAL RESOURCES
The economic significance of natural resources depends on the magnitude
of two basic variables: current flows of income and potential future flows
of income. The first is largely a function of production costs and market
demand, and the second of natural resource endowments and management
planning. In order to understand the true importance of natural resources,
both current and future flows of income must be taken into account. The
former can be a deceptive indicator of how natural resources will contribute
to economic development over time if income is derived from the depletion
of the natural capital. Managing natural resources sustainably- in case of
renewable resources- and as sources of revenue for investment in future
growth- in the case of non-renewable resource- allows resource rich
countries to establish the foundation for long term development and
poverty alleviation.
CONTRIBUTION TOWARDS FISCAL REVENUE, INCOME AND POVERTY
REDUCTION
The wealth embodied in natural resources makes up a significant proportion of the wealth of most nations, often more than the wealth embodied in
produced capital, therefore making natural resources management a key
aspect of economic development. Many countries have seen significant rises
in revenue from natural resourced due to rise in commodity prices. Natural
resources such as oil, gas, minerals and timber are expected to continue to
play a significant role in resource abundant economies, as demand form
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rapidly growing economies increases, and as supplies of non-renewable
resources decline and renewable resource harvests approach maximum
sustained yield levels. Not surprisingly, countries richly endowed with
natural capital have the potential to derive significant current income from
resources. In addition to providing revenues to resources rich countries,
natural resources can play a central role in poverty reduction efforts. The
poor generally depend upon natural resources directly for their livelihoods,
especially the rural poor. Consequently, policies that improve natural
resources management can have immediate and meaningful poverty
reduction impact. Pro- poor natural resource management policies include,
among others:
 Projects that improve the capacity of community based organizations to manage resources;
 Assuring access to resources by providing clear land tenure and
resource use right;
 Promoting tools such as participatory rural appraisal, strategic
environmental assessment, and poverty and social impact
assessment.
Natural resources and intact, functioning ecosystem provide a – safety
net for the poor, particularly in times o financial crisis, providing food in the
form of plant and animal wildlife and fertile soils for subsistence agriculture, and fuel wood. In order to benefit be able to rely on such- safety nets the
poor must have access to resources and should also be involved in resource
management decision- making, thereby gaining a stake in the resources
sustainably and avoiding tragedies of the commons. Moreover, the revenues
from natural resources, can contribute to the development of human capital
through investments in education and job training. Especially during times
when commodity prices are high, countries have the opportunity to use a
portion of the additional profits realized from the sale of natural resources
to support pro-poor policies and investments.
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Employment and Job Creation Potential
Policy makers must generally choose between competing values
in designing policies for natural resources management. If jobs are the
highest priority, allocating quotas or harvesting rights to a large number
of small harvesters may be the preferred option. If maximizing exports are
the highest priority, a strategy of maximum sustained yield with a smaller
number of large firms may be preferable. This trade-off often occurs with
fisheries, where larger but fewer boats may be more efficient for harvesting
fish for export, while a larger fleet of smaller boats will employ far more
fishermen.
In such situations, social considerations such as the value of communities and rural livelihoods must also be taken into consideration. Natural
resources generally form the backbone of rural economies in low and middle
income countries and, if managed wisely through sound policies and institutions, can be used to generate growth that benefits the most vulnerable
parts of the population. Growth of rural economies can be promoted by
governmental policies aimed at supporting small and medium sized enterprises, based in many places on use of local natural resources. A synthesis
of objectives—growth, employment and long-term economic stability- can
be found in adopting policies that put countries on the path towards green
growth. Natural resources have the potential to provide a significant number
of jobs. Even while the number of people employed in traditional extractive
industries has declined steadily around the world due to mechanization and
economies of scale, employment in the renewable energy sector has risen
and has the potential to continue to rise over the long-term. In Germany
alone, for instance, jobs in the renewable energy sector has risen from 66,600
in1998 to 259,100 in 2006. In 2007, renewable energy related industries
provided nearly a million jobs. According to some estimates, environmental
protection in Germany employs 1.8million workers. Similarly, Sweden have
had a large and rapidly growing environmental industry for over a decade,
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which employed about 1.5% of the country’s labour force already in 1998.
Green jobs in Agriculture are also on the increase, with studies showing
that organic farms provide more jobs per unit of production and sales than
conventional farms. Sustainable, organic Agriculture requires smaller scale
farms and less reliance on machines, and therefore generates more employment. And while the prospects for job growth in the forestry sector are more
mixed, forestry provides steady employment for some 1 to 2% of the world’s
workforce, while over a billion people derive their livelihoods from forests.
Aforestation initiatives linked to increasing demand for wood fibre as well
as carbon sequestration to mitigate climate change will provide jobs in the
coming decades.
History shows us how many countries can use natural resources to
jumpstart their economies and invest in the infrastructure, institutions, and
quality public services needed to translate growth into human development. Unfortunately, the role of natural resources in advancing sustainable
development is not so straight forward. Many studies suggest that countries
endowed with natural resources actually- on –average- grow more slowly
than countries without such resources. Many reasons are given, with
emphasis on two of them: widespread corruption and patronage is widely
recognized as an important reason. Corruption only denies countries and
people much needed revenue- but can also undermine the legitimacy of
governing systems and the stability of societies. Evidence suggests that
where there is no public taxation, and rents are used to ‘buy public support’state- citizen compacts can fail to take root. The second reason to highlight
is the lack of capacity and difficulty of adding value to natural resources
exploitation.
Where countries rely on its primary value, it can preclude the development of a wider production base for growth. This has also been associated
with growth that fails to impact the lives of people- as fewer jobs are created
and the poverty impact is muted. As natural resources play an essential role
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in supporting the livelihoods of the majority of the world’s poor, improvements in managing and extracting natural resources and practices can have
huge repercussion on ecosystems, the environment they rely on, as well as
a country’s potential to meet MDGs.
Of course, it’s not all gloom and doom. What has been labelled a
resource ‘curse’ is not insurmountable. History suggests that being rich in
natural resources is, in fact, not “a curse” at all- but rather an opportunity
that carries a risk- a risk that can be managed.
Natural resources undoubtedly play an important role in the economy
of many countries. Whether their contribution to development is positive or
negative is, however, a contested and difficult question. Arguably, countries
like Australia, Botswana and Norway have gained enormously over long
period from their natural resources, others like Azerbaĳan, Kazakhstan and
Russia have gained in economic growth terms but maybe at the expense
of institutional development, while in some countries, such as Angola and
sierra Leone, natural resources have been at the heart of violent conflicts
with devastating effects for society. With many developing countries being
highly resource dependent, a deeper understanding of the sources and
solutions to the potential problem of natural resources is highly relevant.
“Having natural resources takes away incentives to develop other
areas of the economy which are potentially more important for long run
growth”; “Natural resource- income can cause corruption or be a source of
conflict”, etc.
Looking at some of the starkest cases, the ”benefits” of resources can
indeed be questioned. Take the Democratic Republic of Congo for example.
It is the world’s largest producer of Cobalt (49% of the world production in
2009) and of industrial diamond (30%). It is also a large producer of gemstone
diamonds (6%), it has around 2/3 of the world’s deposits of coltan and significant deposits of copper and tin. At the same time, it has the world’s worst
growth rate and the 8th lowest GDP per capita over the last 40 years. The
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picture for Sierra Leone and Liberia is very similar- they possess immense
natural wealth, yet they are found among the worst performers in terms of
both growth and GDP per capita. While the experiences of countries such
as Bolivia and Venezuela are not as extreme, their resource wealth in terms
of natural gas and oil respectively seem to have brought serious problems
in terms of low growth, increased inequality and corruption.
At the same time, there are numerous countries that provide counter
examples to this idea. Being the second largest exporter of natural gas
and the fifth largest of oil, Norway is one of the richest world economies.
Botswana produces 29% of world’s gemstone diamonds and has been one
of the fastest growing countries over the last 40 years. Australia, Chile,
Malaysia are other examples of countries that have performed well, not just
despite of their resource wealth, but, to a large extent, due to it. Given these
examples, the relevant question becomes not “Are resources good or bad for
development?” but rather “Under what circumstances are resources good
and when are they bad for development?” The interesting question is why
some resource rich economies are successful while others perform badly
despite their immense natural wealth.
The most wellknown economic explanation of the resources curse
suggests that a resource windfall generates additional wealth, which raises
the prices of non-tradable goods, such as services. This, in turn, leads to
real exchange rate appreciation and higher wages in the services sector.
The resulting reallocation of capital and labour to the non- tradable sector
and to the resource sector causes the manufacturing sector to contract (socalled “de- industrialization”). This mechanism is usually referred to as
“Dutch disease” due to the real exchange rate appreciation and decrease
in manufacturing exports observed in the Netherlands following the
discovery of North Sea gas in the late 1950s. Of course, the contraction of
the manufacturing sector is not necessarily harmful per se, but if manufacturing has a higher impact on human capital development, product quality
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improvements and on the development of new products, this development
lowers long- run growth. Some theories focused on the problems related to
increased volatility that comes with high resource dependence. In particular, it has been suggested that irreversible and long term investments such
as education decrease as volatility as volatility goes up. If human capital
accumulation is important for long run growth this is yet another potential
problem of resource wealth. The empirical support for the Dutch disease
and related mechanism is mixed. To some authors, a resource boom causes
a decline in manufacturing exports and an expansion of service sector. But
even the studies that do find evidence in the Dutch disease mechanism,
usually do not analyze its effect on the growth rate. In principle, Dutch
disease could be at work without this hurting growth. Another problem is
that the Dutch disease theory suggests that natural resources are equally
bad for development across countries. This means that it cannot explain
why some countries fail and others succeed at a given level of resource
dependence. The same goes for the possibility that natural resources create
disincentives for education.
Greater attention has been developed to the political- economic explanations of the resource curse. The main idea in recent work is that the impact
of resources on development is heavily dependent on the institutional
environment. If the institutions provide good protection on property rights
and are favourable to productive and entrepreneurial activities, natural
resources are likely to benefit the economy by being a source of income, new
investment opportunities, and of potential positive spill-over to the rest of
the economy. However, if property rights are insecure and institutions are
“grabber- friendly”, the resource windfall instead gives rise to rent- seeking,
corruption and conflict, which have a negative effect on country’s development and growth. In short, resources have different effects depending on the
institutional environment. If institutions are good enough, resources have
positive effect on economic outcomes; if institutions are bad, so are resources
for development. In resource-rich countries with bad institution incentives
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become geared towards “grabbing resource rents” while in countries where
institutions render such activities difficult resources contribute positively
to growth. If a country’s institutions are bad, “appropriable” resources
(i.e., resources that are more valuable, more concentrated geographically,
easier to transport, etc.- such as gold or diamond) are more “dangerous”
for economic growth. The effect is reversed for good institutions- gold and
diamonds do more good than less appropriable resources. In turn, better
institutions are more important in avoiding resource curse with precious
metals and diamonds than with mineral production. If one concludes that
natural resources differ across institutional environments it is an obvious
possibility that natural resources /have an impact on the chosen policies
and institutional arrangements. For example, access to resource rents may
provide additional incentives for the current ruler to stay in power and to
block institutional reforms that threaten his power, such as democratization. Several papers show that in bad institutional environment natural
resources increase corruption.
Various literature points to economic as well as political undertone
connected to natural resources. Even if some issues remain contested it seems
clear that many of the economic problems are solvable with appropriate
policy measures and in general that natural resources can have positive
effects on economic development given that right institutional settings are
put in place. However, it seems equally clear that natural resource wealth,
especially in initially weak institutional settings, tends to delay diversification and reforms, and also increases incentives to engage in various types
of rent-seeking. In autocratic settings resources incomes can also be used by
the elite to strengthen their hold on power. Successful examples of managing
resource wealth, such as the establishment of sovereign wealth, funds that
can both reduce the volatility and create transparency and also smooth
the use of resources incomes over time, are not always optimal or easily
implementable. Using the money for large investments could be perfectly
legitimate and consumption should be skewed towards the present in a
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capital-scarce developing setting but no matter what we think we know
about the optimal policy it still has to be implemented and if the institutional setting is weak the problems are very real. This is just because of
potentially corrupt governments but also due to difficulty to make credible
commitments even for perfectly benevolent politicians. Many political
leaders in resource rich countries have pointed to the hopelessness of their
situation and have expressed a wish to rather be without their natural
wealth. Such conclusions are unnecessarily pessimistic. Natural resources
have a tendency to impede good institutional development, there are possibilities. Some countries have succeeded in using their resources wealth to
develop and arguably to strengthen their institutions. Even if it is often
noted that Botswana had relatively good institutions already at the time of
independence, it was still a poor country with no democratic history facing
the challenge of developing a country more or less from scratch. And at the
time of independence they also discovered and started mining diamonds
that have since been an important source both of growth and government
revenue. This development has to a large part been due to good, prudent
policy. There is nothing inevitable about the adverse effects of natural
resources but resource-high developing countries must face the challenges
that come with having such wealth and use it wisely. A first step is surely to
understand the potential problems and to be explicit and transparent about
how one intends to deal with them.
SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL ISSUES
As a reading of the literature makes evident, the policy and research focus
on urgent environmental issues has been marked by fluctuating patterns
over the past few decades. The first wave of massive environmental concern
in the 1990s, mainly called attention to negatives externalities and their
social costs in the form of environmental pollution, and resource depletion
(notably on the fields of energy resources, minerals and fisheries) connected
with the industrial structure of our economies. This interest was further
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intensified by the heightened public awareness of the deleterious consequences of various specific chemical processes, technologies and forms of
household consumption (for example, smoking and automobile use).
In the past decade, however, a shift has taken place from partial
environment analysis to a focus on, first, global-regional interactions and,
second, economic-ecological interactions of environmental problems. There
is an increasing recognition that a more coherent approach is needed in
dealing with environmental issues, including land use, urban development, common property resources, spatial inequality, and intergenerational
equity.
Global-level environmental interactions have been marked by two
features. One is the globalization of environmental impacts. The other is the
regionalization of an often hardly visible but quite substantial decline in the
quality of global environmental resources.
The global effects of environmental decay- reflected among other
things in alarming phenomena such as ozonization, desertification, and acid
rain- came in most cases as scientific surprises and were hardly addressed
in actual policymaking until recently. But especially since the publication of the report of the Brundtland Commission (World Commission on
Environment and Development, 1987 [WCED]), we have witnessed a significant increase in interest in global environmental problems.
In addition to global issues, a large number of small-scale and marginal
changes at the local or regional level have clear global dimensions. A wide
variety of incremental pollution phenomena (for example, persistent
micro-pollutants), seemingly, hardly important by themselves, have severe
accumulative and synergetic environmental impacts. All such impacts call
for more coherent local environmental planning. In this respect, local land
use is becoming one focal point of concern for policymakers and researchers.
The spatial issue can thus be examined from the viewpoint of local
trends causing global effects and global trends leading to local effects. An
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illustration of the first type of problem is poor natural resource management in some countries, which threatens both the physical basis of these
countries and also destroys the vulnerable ecosystem of the planet to an
unprecedented extent. Other illustrations of local-to-global influence are
cases of overgrazing and deforestation that may lead to wider soil-erosion,
sedimentation, flooding, and salinization.
The second type of problem concerns the local-scale environmental
effects that emerge from global trends. Acid rain, erosion desertification,
destruction of the ozone layer, eutrophication, ocean pollution, and resource
extraction are taking place on a worldwide scale, but their effects can clearly
be observed at a local or regional scale. Thus, the global-regional interdependence of environmental problems confronts us not only with quantitative
changes but also qualitative (or structural) long-term changes at all places
on earth (see Bartelmus 1986). This calls for a new view of spatial-economicenvironmental problems and policy issues.
The economic-ecological interactions arise in general because
concerted socio-economic development requires a compromise between
material growth and environmental constraints, including environmental
quality and vital natural resources. Albeit in different countries, the conditions under which a balanced development may come about will show
much variation, the conflicting nature of the above objectives is evident
in all countries. Especially in the short-run, the conflict between material
growth and environmental quality may be rather severe; in the long-run, a
mitigating effect may emerge, because continued economic growth needs a
sound resource base, and structural protection and upgrading of environmental quality in turn presuppose economic growth. Such a co-evolutionary
development (Norgaard 1984) in both the developed and developing world
takes for granted that economy and ecology ultimately do not conflict
with one another. But such a co-evolution- even one that is also based on
equitable development options for present and future generations- does not
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necessarily require mutual positive spill-over effects between the economy
and ecology. It is this latter idea that is more recently echoed in the motion
of ecologically sustainable economic development.
Given the growing prominence of environmental problems, it is no
surprise that sustainable development has become a key catch phrase in
economic planning and resource management.
According to the Brundtland report (WCED 1987), the idea of sustainable development reaches far beyond environmental protection, as it means
a process of change in which exploitation of resources, direction of investments, orientation of technological development, and institutional changes
are made consistent with future as well as present needs. Consequently,
sustainable development is not a fixed state of harmony but rather a
balanced and adaptive process of change. This would then be characterized
by a dynamic Pareto-optimal trajectory in which progress in one systemthat is, either the economic or the ecological- would not be to the detriment
of the other systems.
Sustainability takes for granted a balance between economic development; all quantitative and qualitative changes in the economy that offers
positive contributions to welfare- and ecological sustainability- all quantitative and qualitative environmental strategies that serve to improve the
quality of an ecosystem and hence also have a positive impact on welfare.
It is noteworthy that the concept of welfare has to be understood here in
broad sense as the individual or collective utility derived from the availability or use of scarce commodities, including environmental goods,
whether such utility attributes can be measured in monetary terms or not
(see Nrjkamp and Soeteman 1988). Consequently, toxic materials, ionizing
radiation, the beauty of the landscape, well-preserved monuments, traffic
safety, wholesome food, and availability of shelter all may be regarded in
principle as arguments in a welfare function.
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For example, in the framework of agricultural land use, the welfare
gains from agriculture should be measured by income or production
generated in the agricultural sector, but they should also incorporate
negative effects on the landscape, species diversity, or eco-stability. Clearly,
various changes in land use patterns may be caused by factors outside the
agricultural system itself, such as the climate.
The fact that both convention at economic factors and environmental
goods may contribute to welfare, must also be traded off against each other,
does not of course imply that in an extreme case one of the two systems
might be completely depleted. Both economic environmental systems need
a certain minimum threshold value to survive. We advocate the use of a
minimum bequest value in strategic environmental policies, in particular
calling for the establishment of safe minimum standards for conservation by avoiding overexploitation of critical zones of the environment by
limiting human activities that make it uneconomical to halt or reverse
depletion. Thus, the idea of sustainable threshold levels for both economic
and environmental systems.
It is clear from the above remarks that sustainable development issues
are manifesting themselves in various forms. Am extremely important form
is land use and uses of land-related resource. For example, deforestation
in Nigeria or in Brazil may be necessary for agriculture or energy supply
in a regional economy, but it is extremely detrimental to global ecological
stability. Housing construction in densely populated areas may be necessary
from the viewpoint of a growing population and a decline in family size,
but at the same time it may impair the visual beauty of an ecologically
vulnerable area. Thus, to a large extent, land use may be regarded as a focal
point of sustainable development policies in a special setting. This leads to
the necessity to specify more precisely the interactions between different
resource and land use options in a given area and spillover effect from, and
to, other areas. Such a more local and regional orientation is mandated not
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only by the character of the economic and environmental interactions but
also by the special orientation of policies concerned with land use.
Our study focuses attention on non-oil dependent economy through
exploration and marginal utilization of natural resources. In other words.
We discussed the issue of sustainable development in the context of regional
resource use affecting land use.
SUSTAINABLE RESOURCE USE
The broad recognition of resources and land use as an issue of scientific research is quite new in economics. Apart from the physiocrats, who
regarded the productive capacity of the natural environment (mainly land)
as the major source of welfare, economic thinkers until recently rarely
paid due attention to land as an important production factor. For example,
in classical economic, capital and labour, not land, were regarded as the
main welfare generators. It is interesting to note, however, that the classical
economists were aware of the possibility that an economy might stagnate as
a result of lack natural-mainly agricultural-resources.
In this context, planning regions may allow for the attainment of
certain planning objectives in the most efficient way.
A region is a geographical area that meaningfully may be regarded
as a coherent entity from the viewpoint of description, analysis, administration, planning, or policy. Various types of regions are distinguished in
the literature-for example, homogeneous or functional regions. Functional
environmental regions are often based on intensive interaction within
particular regions between environmental resources such as ground
water, river, and meteorological systems. Homogeneous environmental
regions are usually based on existence of common resources in the area
concerned. Another typology distinguishes natural (ecological or environmental) regions, economic regions and administrative (or political) regions.
Regional development is often critically dependent on the regional supply
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of resources. Many types of regional economic dependence on the resource
base can be distinguished (see Van den Bergh and Nĳkamp 1990). Some
examples follow:
 A regional economic system may be directly dependent on the
resources in the region. Usually in such the dependence is on
resources that may serve as essential and cheap productive inputs to
economic activities- for example, energy resources. Concomitantly,
the environmental capacity as a sink for waste materials and
pollution can restrict economic activity.
 Some regions may be dependent on export of resources as a main
source of income- for example, energy-exporting hometowns in the
province of Port Harcourt Nigeria.
 A regional resource sector may have many effects on other activities in a region, among other things as a result an increased demand
for public services, utility, and infrastructure, demand for labour,
capital and space, and spinoffs to other private sectors. Thus, the
development of a resource sector may generate shift in sector allocation, income levels and distributions, and exchange rate.
In the regional sustainable development analysis, the economic sector
also has to be considered, economic activities that are directly dependent on
the ground water resource include agricultural and municipal water supply.
Other activities in the region are timber production, recreation, and natural
conservation. Agriculture especially contributes significantly to regional
income. For some activities a further subdivision is useful. For example,
timber production is based on two three species- pine and Douglas fir, both
of which are produced in plantations. Agricultures include livestock rearing
(cattle, pigs and poultry) and crop cultivation (for livestock and human
consumption). Livestock rearing can be intensive (for example, bio industry
for meat and egg product) or extensive (for example diary and meat).
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The spatial distribution of activities in the region also affect their
interaction and relationship with available resources. For example, ground
water extraction for agriculture is shallow and widespread, whereas that
of municipal supply occurs at a small member of sites and involves deeper.
In view of the foregoing observation on regional sustainable development, the most important critical success factors associated with these
resources may be summarized as follows:
 Maintaining the groundwater level. High water tables have been
feature of the peel area and, together with the sandy soil and
generally nutrient poor conditions; have led to the unique ecological communities. Widespread drainage of the land and increasing
use of the groundwater resource (for irrigation and municipal
supply) has lowered these water tables.
 Curtailing nitrogen pollution. Agricultural activities using fertilizers and producing excessive amount of manure are causing
nitrate enrichment of soil and groundwater, leading to changes in
the remnant fen and heat land vegetation as well as to decreasing
suitability for human consumption. Agriculturally oriented
ammonium emissions, in addition to nitrogen and sulphur oxides
form various sources within and outside the region, affect the vegetation directly and contribute to the acidification of soils resulting in
changes in natural vegetation and forest vitality.
 Regulating competitive demand for land. The present and expected
future demand for land by the agricultural sector, nature conservation, and urban (including residential, industrial and tourist
attractions) interest groups is conflicting and less sustainable.
The analysis of regional system interactions in this area has resulted in
the design of an explanatory dynamic simulation model. The sub-modules
describe groundwater, nitrate, forestry and natural vegetation, agriculture and regional economic activities. The sub-modules that describe the
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economic activities record the profit overtime for each sector on the basis of
development of quantities, cost, prices and technology.
The time paths for quantities are most sectors based on changes in
production capacity except for recreation, where demand for recreational
activities determines the quantity. The development of the economic system
is to a large extent determined by exogenous variables, for which the time
paths were chosen on the basis a relevant development scenario.
Models that include many interactions between sectors (for example,
inter-industry supply, or competition
On factor and final markets) usually have an economy wide rather
than a regional orientation.
DYNAMIC SIMULATION MODEL
Based on the above discussion, the dynamic simulation model for the natural
resources utilization (NRt) produces csf associated with the resources. The
corresponding regional system interactions EA:
XRtEA = csf NRtEA ε (rsd,csf) ………………………………………..(1)
Where EA represents economic activities. The economic activities are
expected to record profits overtime for each sector on the basis of development of quantities, costs, price and technology.
Csf is the Critical Success Factors associated with maintenance of
ground water level and the curtailment of nitrogen pollution over the
period.
CSFt = ƩcRsDc, c ε(RCDL) …………………………………………… (2)
This is the level at which the exploration and marginal utilization
of natural resources are regulated. The regulating policy of competitive
demand for land is set equal to regional sustainable development, hence,
RCDLT = RSDct ε(EAt) …………………………………………………..(3)
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Where EA represents activities occurring within the economy over the
time/period.
THE ECONOMIC DECISION CHAIN FOR TURNING NATURAL
RESOURCES INTO SUSTAINED PROPENSITY.
Successful resource management requires consideration of board range of
issues when transforming natural assets into sustainable financial, physical
and human assets. These issues create a decision chain that government
must carefully navigate. This chain roughly follows the value chain of extractive and land-based industries, from the deal, to development, extraction or
use, to downstream value added activities, and through to project closure
and rehabilitation: all points at which government must act to capture
and maximize values as well as to regulate on behalf of their citizens. The
responsibility of government, however, extends beyond the industry value
chain into how revenues are transformed into physical, social and human
capital for sustained propensity of current and future generations. At the
same time, governments alone cannot unlock the full development benefits
of mining. The composition of effective governance in the resources sector
illustrates how the common features of good governance are impacted by
the presence of large-scale mining. There are roles and responsibilities for
all concerned: governments, particularly at the sub-national level, local
communities, companies, and development agencies. Pending the establishment of effective local capacity, such partnership can both tackle the
negative impacts identified and enhance the positive impacts. Economic
and social benefits at the sub-national level can be enhanced by linkages.
In Chile, joint action by the regional government and the mining
companies resulted in economic diversification that contribute to poverty
falling by half between 1990-2003 and by over 60% in the Antofagasta
Region, Chile’s mining region.
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RESOURCE–BASED DEVELOPMENT PLANNING
Resource governance and development is challenging across all the links in
the decision chain, and one weak link can undermine a country’s ability to
benefit from its natural resources. For example, in the extractive industry,
if exploration is limited, perhaps due to misallocation of exploration rights,
a country may never know the extent of its wealth. Even if abundant
wealth has been discovered, poorly structured concessions may yield little
revenue. Similarly, government may raise large amount of revenue but
then squander it on poorly selected projects or by subsidizing uncompetitive industries. Government should thus carefully consider all stages of
the decision chain. Good governance and management of natural resources
starts with the development of a shared national strategy or vision, with
clear and realistic goals, timeline and indicators of achievement. Long
term planning is particularly relevant in countries rich in gas and solid
minerals, since extractive industry activities often span several decade
with each stage of the project life-cycle-exploration, construction, production, beneficiation closure- having district implication for the host country
and community, both in terms of impact (environmental, social, economic,
and otherwise) and opportunities for spill-over benefits (including infrastructural expansion and training). A national strategy is more likely to be
successful if it is the product of inclusive planning process that is transparent
and participatory. Furthermore, a clear understanding of the challenges and
opportunities assists government in transcending politically-driven shorttermism, managing expectation better and planning for legacy for the next
generation.
Such a shared national strategy or vision is premised on:

Comprehensive understanding of the resources sector’s full
economic and social impact- positive and negative, quantitative
and qualitative, national and local, as well as the existing sector
governance frame work
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
A vehicle to communicating (beyond the narrow Project Impact
Assessment) among all shareholders in all a country so that the
success factors and failings underlying those impact- including
governance factor, are well understood.

A platform for development partners, and Civil Society
Organizations to address capacity gaps and enhance inclusive
sustainable development outcomes.
This comprehensive plan should:
1.
be cross sector, extending beyond resources issues alone. They
should lay out the broad objective for natural resources use,
including how revenue will captures, managed and used, and
who are the intended beneficiaries.
2.
Be emended in the boarder planning and budgeting tools of the
government.
3.
Create and institution framework for engaging and coordinating
line ministries donors the private sector, labour and CSOs,
which is focused on priority objective, velar accountabilities, and
shared responsibility for outcome of all parties.
4.
Including a public investing program to identify and cost
strategic public investing projects and alum them with financing
options (including through linkages with the industry or anticipated revenue flows).
5.
Seek to utilize transparent budgeting and financial management tools that are; based on financial modelling of anticipated
revenue flow over the medium and long term: tied to a strong
and medium- term expenditure framework: and driven by
development needs and coasted investment programs, as well as
tools to improve budget execution.
ACCOUNTABILITY STRUCTURES AND TRANSPARENCY
Effective management of resources and resources revenge depend critically on decision making by government. Good decision are encouraged
and sustained in an environment of accountability and scrutiny, supported
by transparency and availability of information. Transparency throughout
the decision chain facilitate government accountability to stakeholder.
For transparency to lead to effective accountability, citizen- the ultimate
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beneficiary’s owners of a country natural asset must have the opportunity to
use available information to monitor their government actions. Government
should therefore create mechanism for meaningful engagement with stakeholders, monitoring of resources use, and for bringing claims regarding any
negative impact of large-scale resources project. Strengthening relations
with communities and civil society can have the added benefits of managing
expectations more effectively. Access to information throughout project life
cycle can ensure that government remains c=accountable to their citizens
and investors, and companies to their stakeholders and other stakeholders
and other shareholders. Improved information structures also assist all
stakeholders in ‘following the money’, helping to ensure that resources
are used efficiently. For transparency to be effective, information must be
provided across the whole chain of decision, with a complete complementary set of information; for instance, revenue data might be accompanied by
information on the appropriate tax rates, production volume and taxable
income), and at appropriate level of disaggregate (such as location, project
and product type). There is increasing evidence that disclose contacts,
particularly biddable contracts, creates a race to the top instead of a race to
the bottom. For example, since Peru adopted a transparent, public bidding
system requiring disclosure of winning hydrocarbon contract, there has
been a consistent increase in royalty rates bid by the companies. Keeping
the contract confidential exacerbates the asymmetry of information between
companies and government since company have access to contracts and
fiscal regimes around the worlds through their network of experts, data
bases, consultants and law firms and use those agreement as template
for negotiation. Keeping the contract opaque generate mistrust, increase
conflict at local level and pressure to renegotiate dues at the national level.
GOOD GOVERNANCE OF LAND RESOURCES
Land is but a natural resource that attracts investments itself and one that
is significantly affected by other natural resource projects, such as those
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in the extractive industries. In many developing countries, lend possess
complex problem. It is integral to the livelihood of hundreds of millions
of people, including small holder farmers, pastoralist and individuals who
depend on forest resources. Yet highly insure tenure rights, coupled with
the fact that some government own the majority of land within their territories, means that many individuals who depend on land have no legal claim
to it, and are thus vulnerable to dispossession at any time. Government
should work proactively to ensure that the governance of land resources
is allied with national SDGs. To this end, transparency in the land tenure
system is essential including transparency over what types of large-scale
tenure rights transactions are permitted and transparency in the decision
making process regarding extracting or land investment that will affect the
tenure rights. Government decision processes related to investment and
their on land tenure should incorporate opportunities for citizen’s consultation and participation. Displacement from land can devastate livelihoods,
so government must take steps to protect tenure righty holders that may be
affected by investment. Given the outsized risked posed by large-scale land
transactions, including for extractive projects governments should consider
implementing. Explicit safe guards to protect land users whose interest may
be affected. Among other measures, government should require robust due
diligence by investors, while also permitting independence assessment of
a proposed project potential impact on existing asset to land. Government
should use these information in determining whether to grant contentions,
and in planning how to minimize or avoid displacement form land when
contention are granted. When displacement is necessary, government must
compensate those affected according to accepted international human right
norms, cash is not an acceptable form of compensation for forced eviction.
Rather, individuals should be provided to land that is equal to that is better
than the land taken in terms of quality, size and value. Land is a particularly
important natural resource, serving as the foundation of many individuals’
livelihood strategies and food security. Good governance of land resources
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thus requires more than avoiding eviction; it also requires proactive efforts
to improve tenure security many of the world poorest countries are facing
the challenge of harnessing natural resources for suitable development.
For developing countries rich in extractive resources, the revenue or rent
available for resources extraction far exceed current or likely aid flows. The
extent to which countries succeed in negotiating good deals, regulation them
effectively, and allocating revenue appropriately will define their ability to
achieve a sustainable development goals. Government face a complex set of
interrelated decisions, form the design of legal and fiscal frame works that
ensure that the benefit of resource based projects are realized and shared
equitably, to the implementation of integrated rural development plans.
Getting the basics and politics right- the rules the institutions and citizens’
accountability- can be as critical as making the right decision. A transparent
and participatory environment, including an informant citizenry and
opportunity for redress of grievance, ensure that decision makers are held
accountable, policy choices are debated, and opportunities for populism or
rent seeking are mitigated. While government play the most critical role
in assuring the good governance of natural resources, inclusive social and
economic transformation depends on all stakeholders playing their part.
In particular, companies must act responsibly, earn and retain their social
license to operate at the local, national and international levels. To do
so, companies must take seriously their human right and environmental
responsibilities as well as their commitment to be partners in development
process with the countries and community in which they are operating.
The international community also must uphold its end of the bargain by
creating enabling international frameworks for good governance including
the SDGs. Among other steps, he international community must coordinate
to reduce and repatriate limited assets and illicit flows, and strengthen and
institutionalize standard for transparency throughout the extractive and
land sector. Strengthened International legal frameworks are necessary for
moving forward effectively on suitable development goals. We therefore
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underscore the importance of transparent, corporative, equitable and
sustainable policies and practices related to investment in extractive or land
resources. Government and their private sector partners need to commit to
the effective and transparent management of resources in order to support
inclusive economic development and the achievement of all SDGs. Such
effect resources management includes consulting with affected communities; strengthening governments regulatory and negotiation capacity to
obtain fair deals; seizing opportunities for resources based industrialization; long term planning for leveraging the anchor investment to support
inclusive development; maximizing opportunities for skill transfer; and
establishing transparent platform for public participation, accountability
and decision making. Strong governance of natural resources will facilitate
more inclusive economic development and will be paramount to achieving
the sustainable development goals.
CONCLUSION
This paper has focused attention on developing non-oil dependent
economy through exploration and marginal utilization of diverse natural
resources. Conceptualizing and analyzing sustainable development is
clearly important at a regional level. Various advantages of resourcebased development planning as well as the economic decision chain for
turning natural resources into sustained prosperity have been spelt out, for
example, in relation to effect of environmental problems, the local character
of economic processes, inter-regional interactions, and the possibility of
operationalizing sustainable development on a regional scale. Sustainable
resource use was presented as an important element of Regional Sustainable
Development for adequate utilization of diverse natural resources.
In discussing a regional resource base, we argued that the present and
potential dependence of regional activities on the resource base as well as
the specific characteristics of the resource base should be assessed.
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Various lessons and issues for further research can be drawn from the
above exposition. Regional Sustainable Development refers to a systematic view of interacting regions of our world economy, not only in terms
of economic linkages but also in terms of environmental interactions. Thus
space and time are the two essential dimensions of Regional Sustainable
Development.
The openness of a spatial system evokes the question of environmental
sacrifices in space and time. The issue of the substitutability of environmental decay (in other periods of time, in other regions) is at stake here; the
related concept of weak and strong sustainability requires further exploration on the basis of a thorough investigation of underlying welfare concepts
(and associated collective welfare functions).
In order to find a balanced equilibrium of resources in space and time,
much attention would have to be given to regional resource accounting.
Efficiency, equity, and externality aspects of resources can be given due
emphasis, while attempts at valuing un-priced resources may provide a
sound basis for project appraisal. Geographic Information Systems may be
helpful here to visualize all relevant policy aspects.
Environmental externalities should be looked at only from the
viewpoint of market failures (or signal failures) but also from the viewpoint
of intervention (or response) failures.
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REFERENCES
Aweto, A.O. 1990. Plantation forestry and forest conservation in Nigeria. The
Environmentalist. 10 (summer): 127-34
Bartelmus, P. 1986. Environmental and Development. London: Allen& Unwin.
Bhattarai, M., and M.Hammig. 2001. Institutions and the environmental Kuznets
curve for deforestation: A cross country analysis for Latin America, Africa and
Asia, World Development29 (6): 995- 1010.
Capistrano A., and C. Kiker. 1995. Macro-scale economic influences on tropical
depletion. Ecological Economics 14: 21- 29.
Capistrano. A. D. 1994.”Tropical Forest Depletion and The changing Macroeconomy
1967- 85”. In The causes of Tropical Deforestation. The Economic and Statistical
Analysis of Factors giving rise to the loss of Tropical Forest, ed. K. Brown and D.
Pearce. London: UCL Press. 65-85.
Ginsburgh, V. and M. Keyzer. 2002. The structure of applied general equilibrium models.
Cambridge, Massachussetts: The MIT Press.
Nĳkamp, Peter, and Frits Soeteman. 1988. “Ecologically Sustainable Economic
Development.” International Journal of Social Economics 15, no ¾: 88- 102.
Norgaard, R. B. 1984.” Co- evolutionary Development Potential.” Land Economics 60,
no.2: 160- 73.
Van Der Bergh, Jeroen, and Peter Nĳkamp. 1990” Ecologically Sustainable Economic
Development in a Regional System: A case study in Agricultural Development
Planning in the Netherlands.” Research Memorandum, Department of
Economics, Free University of Amsterdam (Netherlands).
WCED (World Commission on Environment and Development). 1987. Our common
Future. New York: Oxford University Press.
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> 219 <
12
Securing the Nigerian State for Meaningful
Growth and Development: Some Ethical
Considerations
Adele J. Bamgbose, PhD / Michael Lawal, PhD
INTRODUCTION
W
ithout any shadow of doubt, the history of Nigeria shows that,
the entity christened Nigeria today by Flora Shaw Lugard was
in diverse communities or state-systems variously described as
empires, caliphates, kingdoms, chiefdoms and village republics (Oyovbaire,
1981:356; Oyovbaire, 1983:60. Nwosu (1985;16) graphically stated that: ‘The
Nigerian social environment is characterized by several traditional societies
with ethnic homelands. These societies vary considerably in terms of their
cultural heritage, language, patterns of western contact and population’. In
another related development, Sotade et al (2013:20) expounded that Nigeria
was:
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made up of a number of large ancient kingdoms and other independent
small scale societies. The nation’s boundaries were drawn as a result
of trade and overseas territorial ambitions of some Western European
powers in the nineteenth century.
The territory was assigned to Britain.
The British acquisition of Nigeria however was a piecemeal as the
whole country was not taken over at once. Lagos was the first place of call as
the area became ceded to Britain by 1861. Lagos was therefore proclaimed
a Crown settlement rather than a Colony. As time went by, and following
the myriads of events that took place (Olusanya, 1975:1; Okafor, 1985:1),
Lagos settlement became Lagos Colony by 1886 and all the areas in the
South-West with the exception of Egba Kingdom had become a protectorate
and were attached to Lagos Colony. Thus by 1900, Northern and Southern
Nigeria were declared protectorates and this scenario left the country in
three entities, that is, Lagos Colony and Protectorate and the Protectorates
of Southern and Northern Nigeria. This development therefore shows that
Britain was moving towards developing Nigeria towards a nation-state
which was contrary to earlier colonial motive of the British Government,
because as Flint (1977:220) Stated ‘When the British began to extent colonial
rule over Nigeria in the 1880s, they had no thought of creating a colony that
would one day become a nation-state.
With a change of British intention to continue ruling Nigeria, there
came the establishment of British rule in each of these areas the creation of
systems of government which not only conformed to the structure of the
societies concerned but also to their legal positions. The British government
devised further administrative developments in the evolution of the colonial
state in Nigeria. (Tamuno, 1980:393). To this end, the British Government
from 1898 adopted the policy of gradually amalgamating its various administrative units in Nigeria. Thus by 1906, the Lagos Colony and Protectorate
was amalgamated with the protectorate of Southern Nigeria to form the new
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Colony and Protectorate of Southern Nigeria. The final phase to creating a
Nigerian state was consummated in 1914 with a statement from Harcourt
when he stated that:
We have released Northern Nigeria from the leading strings of the
Treasury. The promising and well conducted youth is now on an alliance
on his own and is about to effect an alliance with a Southern lady of
means. I have issued the special license and Sir Frederick Lugard will
perform the ceremony. May the union be fruitful and the couple constant
(Harcourt, 2014: 8 and 9)
With this foregoing analysis, Nigeria moved from diverse entities to
one formidable entity. This chapter examines securing the Nigerian state
for meaningful growth and development with some ethical consideration.
The chapter is therefore divided into four parts namely the amalgamation
and the future prospects of Nigeria, the conceptual discourses, the Nigerian
state and the viruses against growth and development and lastly, panacea
for securing the Nigerian state for meaningful growth and development.
THE AMALGAMATION AND THE FUTURE PROSPECTS OF THE
NIGERIAN NATION
With the amalgamation, one would have thought that, the diverse units
of the country would have been unified. But this was not so, because, as
Oyovbaire (1981: 358) has stated “The amalgamation of 1914 did not create
a unitary system of politics and administration.” Similarly Afigbo (1991:21
and 22) has equally stated that:
… by the time of the amalgamation of the two Nigerias in 1914, the
country had not only two administrations with different traditions and
temperaments, but also two rival administrations….
Ajayi (2002:54) maintained that:
… the British kept the two people apart. Of particular significance was the
encouragement of European missionaries and Western Education in the
South and attempted exclusion from the North.
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Thus within the North, the administration of the North did not agree
with the central Legislature. Within the leadership of Northern administration at that time were men like Palmer and Lethem who rejected the ideals
of the nineteenth century British colonial policy of transferring British sociopolitical institutions to the colonies. For these men, the Legislative Council
which had been in use in the South was both unsuitable for and incompatible with the philosophy of Indirect Rule practised in the North. This belief
led to an increasing fear and suspicion within the ranks of the Northern
administration that the jurisdiction of the Legislative Council could before
long be extended to the North, and consequently undermine its native
administration system.
In furtherance to the policy of divide and rule, Lugard announced
his overall educational scheme for the North which included four types
of schools namely schools to train Kuranic teachers as clerks to replace
Southerners in the Northern services and also to serve as teachers in all
primary schools; Schools for the instruction of the sons of the chiefs; schools
to teach the children of the ordinary people primary education in the vernacular language ; and schools to educate the sons of Southern clerks who, as
Christians, were kept separate from the Northern children so as not, perhaps,
to contaminate the later (Ohonbamu 1966: 276). The continued severing of
the North from the South in spite of the amalgamation did a devastating
blow to Northern Nigeria because, ‘after two decades of British occupation, the Northern Provinces have not yet produced a single native from
these provinces who is sufficiently educated to enable him to fill the most
minor clerical post in the office of any government department’ (Ohonbamu
1966: 284). Further steps taken by these British bureaucrats in the process of
governing Nigeria only induced in the Northern elite an abiding fear and
suspicion of their Southern counterparts.
The outcome of the amalgamation was that rather than completely
bringing unity to the country it has been acting as a centrifugal agent
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because our past colonial leaders did not seize the goodly opportunity of
the amalgamation to restructure the Nigerian state. Carefully designed
by the colonial bourgeoisie and deliberately handed over to the Nigerian
elite, this unrestructured colonial Nigerian state has continued to wallow
in abysmal failure. Taiwo (2000:34) reiterated how this unbridled Nigerian
state has continued to breed violence when he stated that :
It is not an exaggeration to say that from 1914 when the colony of Lagos,
the Southern Protectorate, and the Northern Protectorate were amalgamated to form the country now known as Nigeria, the relationship among
its diverse units have been marked by tensions of different degree of
severity. They did culminates in a bloody civil war that raged in the
eastern part of the country between 1967 and 1970.
The native bourgeoisie who took over from the colonial bourgeoisie
rather than displaying concrete policies to foster national integration and
development in the country engaged in brinkmanship, threatening the
corporate existence of the country (Alkali, 2009: 7). Similarly Adeboboye
(1998: 10) agreed that:
Successive regimes of very selfish corrupt and inept leadership have
dealt a devastating blow on the nation in all spheres, turning the richly
endowed land into a place where people starve in the midst of plenty.
This was how these leaders left Nigeria in a precarious situation
with no attempt to bring new ideas for the growth and development of the
country.
CONCEPTUAL DISCOURSES
In this section, and for the proper understanding of the topic, the following
concepts will be discussed namely, State, Growth and Development.
State represents an important entity in the political realm. It is defined
as a people organized within a definite territory having a sovereign government. State sometimes accomplishes its goals and objectives, and sometimes,
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it does not . Nigeria as a state was able to play a formidable role in the liberation struggle in the 1970s as a result of her buoyant economy. The same
could not be done as a result of a fall in her economy. Similarly, the state
of Iraq was unable to annex Kuwait as a result of the heavy firepower of
the Allied forces in 1991. For a state to qualify as a state, it must have some
identifiable features such as a territorial base; Resident population, Government
and Sovereignty.
A territorial base is a land forming a division of a country. However, a
territory or a territorial base has essential features such as location; size and
shape; and boundaries.
Location refers to the position or place, that is, position or place where
the territory is situated. Thus we can say that Nigeria is located between
latitudes 4o North and 14o North and longitudes 2 ½ 0 East and 150 East.
Thus the perfect shape for a state should be a circular one, because a circular
landscape combines maximum length of boundaries. Similarly, within
the world system of today, countries are of various size. Thus while the
Gambia is small in size, Mauritania has a very big size. Boundaries are man
defined lines which mark the limits of states and determine the extent of
their sovereign authority, while frontiers refers to zones of separation and
conform more to nature.
A second feature of a state is the resident population. Population ranks
the second to territorial base. States vary greatly in terms of their population. Nigeria has a population of 140 million and is expected to double by
2017. However, when we talk of population, it should be borne in mind that
we are not talking of sheer number of people but the effectiveness of the
population in terms of its physical fitness, the skills it commands and the
extent to which it is equipped to perform the various tasks.
Government is the third and is the device through which the state
accomplishes its objectives and goals. Since the name Nigeria has been
coined, it has experienced different forms of government such as colonial,
parliamentary, military and presidential. Without a government, no state
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can accomplish its numerous functions like maintenance of law and order,
economic development and so on.
A fourth feature is sovereignty which is defined as the supreme
power over citizens and subjects unrestrained by the law (cited in Benn,
1955: 109). The concept of sovereignty was introduced into political theory
by Jean Bodin (Appadorai, 1968: 48). He wrote during the latter parts of
the sixteenth century at a time of religious war and civil disorder in France
and Western Europe. He belonged to a movement in France called Politique
which argued the need for a strong secular ruler as the solution to the
apparent anarchy of the time.
GROWTH
This refers to the process of growing; the gradual increase of an animal
or a vegetable body; the development from a seed, germ, or root, to full size,
number, frequency, strength and so on with respect to Nigeria, it refers to
how new things can be achieved.
The concept of development is very difficult to define, because, it
means different things to different scholars (Ojofeitimi 1987:34; Olojede,
1991:66; Mpolokeng; 2003:60) Fred Rigs sees development as any kind of
change which in turn, is defined in terms of rising gross national product or
increasing development as meaning creating conditions for the realization
of human potential (cited in Ojofeitimi, 1987:34).
Development on the other hand can be perceived as a process whereby
the members of the society increase their personal and institutional capacities to mobilize and manage resources to produce sustainable and justly
distributed improvements in their own aspirations (cited in Mpolokeng,
2003:60). It is also conceived as a process that denotes the transformation
of social and economic relations through political actions and process, and
by mobilizing and organizing of community resources to effect a shift in
the balance of power between the developed elites and the developing and
underdeveloped majority of society (cited in Mpolokeng, 2003:60).
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However, for meaningful development to take off, there must be
devolution of power from the elite to the poor, government also must
embark on meaningful projects to enhance the development of the entire
country.
The Nigerian State and the Viruses against Growth and Development.
With the recalling of Lugard from Hong Kong having turned his back
to Nigeria for six years and 22days (Anjorin, 1967:86), he came back by
1912 to join the two protectorates together. The ceremony that took place
following this union formally gave birth to a Nigerian state. Since then, the
different policies and factors that generated from both the British bureaucrats and the Nigerian elite greatly marred and retarded the growth and
development of the Nigerian state.
COLONIAL POLICIES THAT AFFECTED THE NIGERIAN STATE
NEGATIVELY
1.
Arbitrary grouping of Tribes and creation of separate abode.
When the colonialists got to Africa, they categorized African linguistic
groups into tribes and maintained that differences existed in culture and
way of life of these tribes. The resultant effect of this was that every language
group all over Africa became tribe. The colonialists having succeeded in
turning the linguistic groups into tribes also went ahead to create separate
abode for these people. It should however be pointed out that, before this
obnoxious practice, the Easterners or the Westerners who travelled to the
North lived harmoniously in the North. Following this practice, the British
Government introduced the policy of separating the Hausa- Fulani from the
Southerners because, the harmonious living of the Southerners in the North
prior to the establishment of this policy was considered capable of causing
conflict. As a result of this, Southern migrants to the North were forced to
live in separate abode variously called Sabongari, Tudun Wada and Sarkin
Arab ward (Nnoli, 1980: 234). Northern Emirs who did not agree with this
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discriminatory practice against the Southerners were not to be trusted. The
result of this practice was that, it poisoned the minds of Nigerians against
one another. In such atmosphere of rancour, no growth and development
can be experienced.
2.
Colonialists’ disposition towards the Intelligentsia
Coleman (1958:145) has rightly pointed out that the characteristic
attitude of resident European towards the educated African was one of
contempt, amusement, condescension, or veiled hostility, depending upon
the individual relationship. Similarly, within a few days of Lugard’s arrival
in Lagos in 1912 to carry out the amalgamation scheme he expressed in his
letter to his wife that he was ‘not in sympathy’ with the educated native
whom he said that his ‘loud arrogant conceit’ was distasteful to him and his
lack of ‘natural dignity and courtesy’ antagonized him (Olusanya, 1975:18
and 19). Many resident Europeans also felt that the educated African was
dishonest and had failed to achieve the minimum standard of characters prescribed by the model of an acceptable European. Besides, Lugard
even had the intention to replace Nigerians in the Railway and in the Civil
Service by West Indians. Even though, the outbreak of the First World
War prevented him to do this; many Africans found in the Service were
downgraded and compelled to serve as chief clerks. This policy cannot
lead to growth and development in the Service especially as the policy had
impaired many Nigerians in the Civil Service.
3.
Setting the Traditional Rulers against the Intelligentsia
The desire to govern Nigeria by Britain was guided by the British
Philosophy. This philosophy was contained in an instruction given in 1893
by the British Government to Sir Claude MacDonald and his successor.
On the basis of this instruction, the Indirect Rule System emerged as the
official administrative policy of the British colonial government in Nigeria.
In the practice of this policy, educated elite were excluded. This was clearly
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brought out by Coleman when he stated that ‘Before World War II the
educated elements, with few exceptions, were excluded not only from the
central government but also from the native administration of Local government’ (Coleman, 1958:153). But the fact remains that educated Nigerians
were absolutely needed not only for the government of the country but also
for its development.
4.
Ethnicity
Ethnicity is Colonial in Origin. It is externally motivated. The British
colonial administration encouraged communal sentiments among the
people. When some of these bureaucrats visited Nigeria, they perceived
that Nigeria could not be united as a country. Thus in 1920, Governor Sir
Hugh Clifford contended that Nigerians were ‘separated from one another
by great distance, by differences of history and traditions, and by ethnological, racial, tribal, political, social and religious barriers’ (cited in Nnoli,
1976:12).The belief of these British bureaucrats was that each ethnic group
should develop on its own. Similarly, Bretton in 1964 observed that:
There is no universally acceptable and understood rationale for the
existence and functioning of a State called Nigeria … and efforts at an
artificial creation of a national mythology, a Nigerian ideology, will be
unproductive because of the overwhelming forces arraigned against it
from the side of tribalism, regional diversities and cultural chasms…
Neither the mass nor the elite of perspective-durable, constant and
in-depth requiring and bringing forth sacrifices, intense devotion and
loyalty, discipline, dedication and faith (cited in Bamgbose, 1998:82).
With this kind of belief, Nigeria cannot achieve any growth or development; but rather stagnation.
5.
Disarticulation of the transport system
The haphazard development is well illustrated by the story of the
transport system, especially railways. Thus the building of railways was
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dictated by the collection of export commodities. In Nigeria, the Kano-Apapa
railway line was built to facilitate the collection of cotton, groundnuts and
cocoa for export. The Enugu- Port Harcourt line was built to serve the oilpalm trade. These lines, did not constitute in any way a coherent system of
communications. Neither did they contribute to the building of a coherent
economy.
POST-COLONIAL POLICIES THAT AFFECTED NIGERIA NEGATIVELY
While it is not deniable that the colonialists took some inimical steps
that greatly marred the growth and development of the country, the country’s
(Nigerian ) bourgeoisie also perpetrated some ills that did not contribute to
growth and development of the country. Some of these include:
1.
Political corruption: Political corruption as Tignor (1993:82) has
rightly observed is widespread in contemporary societies and has been
regarded as the single most important obstacle to economic development. Diamond (1991:73) has equally pointed out that ‘No problem,
however, it was more intractable and more threatening to the future of
Nigerian democracy than political corruption.’ This phenomenon has
become an evil that exists in every facet of our society. The inherent
danger associated with this phenomenon has been delineated by Mr.
M.A. Tokunboh when he stressed that “all efforts to establish a just and
efficient administration have been frustrated by corruption” (cited in
Adedeji, 1970:25). Political corruption has continued to cripple successive governments in Nigeria. From the First Republic to the present
moment, many governments have been crippled as state contracts and
loan programmes had been systematically milked by the politicians.
With public funds diverted to private accounts and purses, no development can be experienced.
2.
Political Conflict and Secession Threats: These ugly phenomena had
threatened the unity of the country in the time past. Thus disagreements
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among political leaders in the First Republic resulted into breaking
away of members from many of these political parties. Thus from the
Action Group (AG) came the Nigerian National Democratic Party
(NNDP) while from the National Council of Nigerian Citizen (NCNC)
came United National Independent Party (UNIP). This political
conflict perpetrated by Nigerian politicians moved the country to the
brink of disaster until the Civil War took over. The Second Republic
was equally crippled by political conflict. Political intolerance began
to mar Nigeria’s political system till the present day. Besides, the virus
of secession threats have continued since the amalgamation of 1914
to Nigerian Civil war era and even continued till the present era as
diverse sections of the country have been complaining of marginalization in one form or the other.
3.
Politicization of Religion: This has become a pervasive phenomenon
in Nigeria. Many religious leaders have tended to politicise religion.
Hardly does any issue be considered in the country without introducing religion into it. In a situation where people cannot live together
as a result of religious differences, peace will elude such a society and
one cannot then think of growth and development.
4.
Inter-governmental Opposition: Suberu (1990:270) has rightly pointed
out that the modality of the constitution’s construction of the legislative competence of the two spheres of government is often regarded as
the most likely source of intergovernmental friction in federal systems.
The Nigerian case is not far from this as the two levels of governments
(State and Federal) engaged in ruinous party politics that nearly
crippled both the Second and Fourth Republics. In an atmosphere
where the important levels of government engage in rancour most of
the time, genuine development cannot take place.
It is not therefore an exaggeration that the combination of these factors
will continue to affect the country negatively should there be no attempt to
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proffer solution to the country’s conditions. It is on the basis of reverting the
country from this dangerous situation that we move towards solving the
problem.
PANACEA FOR SECURING THE NIGERIAN STATE FOR MEANINGFUL
GROWTH AND DEVELOPMENT.
To ensure growth and development, Churchil (2014:96) has rightly
pointed out that:
If we are to develop and grow, if we are to ensure an increase in the
prosperity of the people, we have to start thinking. Our leaders have
to start thinking. If they do not have the capacity for that, they should
surround themselves with men who think. They should realize that the
methods we have been using, has not, and is not going to produce any
new result.
On the basis of ensuring growth and development, we hereby suggest
the following:
1.
Increase and diversification of export commodities: One development strategy which was popular during the earlier years
of Independence, and which continues to recur in development plans, is the expansion and diversification of agricultural
export commodities. To earn foreign exchange for development projects, African countries were tempted to turn to the
expansion of agricultural export commodities. Expansion
of agricultural export commodities secured viable point of
departure for dealing with the problems of disarticulation,
narrow resource base and industrialization.
2.
Import Substitution: By the late 1950s, import substitution
became a popular approach to development. This approach also
can be used especially in Nigeria. The approach became used
by then as a result of a decline in the demand and earnings of
primary products. With the fall of demand for primary products
came a fall in foreign exchange earnings. Through import substitution; Nigeria can supply the market from local sources, save
foreign exchange and promote domestic industrialization. To
therefore encourage import substitution, Nigerian government
should give all sorts of incentives to indigenous and foreign
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capital such as tax holidays for a certain number of years for
pioneer industries, tariff protection, accelerated depreciation
allowances among others.
3.
Integrated Rural Development: This approach to development
is better known among politicians and policy makers. This is an
approach that is fully elaborated upon by the United Nations
publication, that is, Integrated approach to Rural Development in
Africa. Many Nigerian rural areas should be visited with rural
development. Though, the government had embarked on this
especially during the Babangida era, it was later abandoned.
This is why government should revisit this programme and let it
be a continual one.
4.
Employment drive: This should be vigorously embarked
upon by the government. Thousands of school leavers who are
roaming the Nigerian streets have to be adequately catered for.
The three arms of governments, Local, State and Federal be
involved so that unemployed teeming Nigerian population can
be provided with meaningful employment.
5.
Reduction in the salaries and allowances of politicians: The
salaries and allowances of the politicians have to be reduced and
the excess be channelled to productive ventures.
CONCLUSION
This paper has considered some methods and approaches to securing the
Nigerian State for meaningful growth and development with a sharp focus on
some ethical considerations’. The paper began by seeing Nigeria as consisting
of different communities. With the advent of the British Government several
communities were divided and governed by Britain. Further British development resulted into the country’s amalgamation. However, both the British
bureaucrats and the Nigerian bourgeoisie who took over power from the
former introduced certain policies that hamstringed the growth and development of the country. For a proper growth and development, the paper
suggested some critical areas of concern.
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REFERENCES
Adeboboye, Tope (1998), “ A land ruined by its leaders,” National Concord (Lagos):
October 1.
Adedeji, Adebayo (1970), “Federal and State Civil Services”, The Quarterly Journal of
Administration vol. No. 1 October pp. 7-32
Afigbo, Adiele (1991), ‘Background to Nigerian Federalism; Federal Features in the
Colonial State”, Publius: The Journal of Federalism vol. 21 pp. 13-29.
Ajayi, Ade (2002), “Danger Signposts in the evolution of the Nigerian State”, The
Nigerian Social Scientist vol. 5 No. 1 March pp. 54-56
Alkali, Abdul- Majeed (2009), “Federalism in Nigeria: Historical antecedents and
contemporary challenges”, The Constitution vol. 9 No. 4 December pp. 1-13.
Anjorin, A. O (1967), “The Background to the Amalgamation of Nigeria in 1914” Odu
Ife Journal of African Studies, vol. 13 No. 2 pp. 73-86.
Appadorai, A (1968), The Substance of Politics London : Oxford University Press.
Bamgbose J. Adele (1998), Fundamentals of Nigerian Politics Nigeria: Ijede Commercial
Enterprises.
Benn, S. (1955), “The uses of ‘Sovereignty’ ”, The Journal of Political Studies vol. 111 No.
2 pp. 109 -122.
Coleman, J.S (1958), Nigeria: Background to Nationalism, Berkeley and Los Angeles, :
University of California Press.
Churchill, N.C (2014), “Specialization: Prerequisite for Nigeria’s development”, The
Guardian (Lagos): June 19.
Diamond, Larry (1991), “Political Corruption Nigeria’s perennial Struggle’, Journal of
Democracy vol. 2 No. 4 pp. 73-85.
Flint, John (1977) “Nigeria: the colonial experience from 1880 to 1914” Gann, L.H
and Duignan .P (eds) Colonialism in African 1870-1960 London: Cambridge
University Press pp. 220-259.
Harcourt, L (2014), “The Centenary celebration” The Guardian (Lagos) : March 5.
Mpolokeng, P.G (2003), “People’s Participation in Rural Development; The Examples
from Mafikeng,” African Journal of Political Science vol. 8 No. 2 pp. 55-86.
Nwosu, H. N (1985), Political Authority and the Nigerian Civil Service Nigeria: Fourth
Dimension Publishers.
Nnoli, O. (1976), “The Dynamics of Ethnic Politics in Nigeria’, Odu, vol. 14 pp. 3-21.
Nnoli, O (1980), Ethnic Politics in Nigeria, Nigeria: Fourth Dimension Publishers.
Ohonbamu, O (1966), “The Rise and Fall of Nigerian Federalism”, Africa Quarterly,
vol. 5 pp. 276-285.
Ojofeitimi, T (1987), “A systematic framework for undertaking rural development
activities and projects in Nigeria”, Ascon Journal of Management, vol. 6 No. 1
April pp. 33-43.
Okafor, S.O (1981), Indirect Rule The Development of Central, Legislature in Nigeria,
Nigeria: Thomas Nelson and Sons Ltd.
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Olusanya, G.O (1975), The Evolution of Nigerian Civil Service (1861-1960),The Problems of
Nigerianization Nigeria; University of Lagos Press.
Olojede, I.A (1991), “Rural Poverty and Grassroots Development in Nigeria’, LASU
Social Sciences Journal, vol. 12 Nos I and II March pp. 66-77.
Oyovbaire, S.E (1981), “The Nigerian Political System and Political Science”, The
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The Guardian (Lagos): February 8.
Suberu, R.T (1990), “Political opposition and Inter-governmental relations in the
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Politics vol. Xxviii No. 3 pp. 269- 287.
Tamuno, T.N (1980), “British Colonial Administration in Nigeria in the twentieth
Century” Ikime, O (ed), Groundwork of Nigerian History Nigeria: Heinemann
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Taiwo, O (2000), “Citizens and Citizenship” The Post Express (Lagos): March 1.
Tignor, R.L (1993), “ Political Corruption in Nigeria before Independence” The Journal
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> 235 <
13
Political Participation and the Continuous
Existence of the Nigerian State: the
Centrality of the Mass Media
Ganiyu Olalekan Akashoro, PhD
INTRODUCTION
T
here is no gainsaying the fact that the Nigerian mass media have
passed through significant evolutionary changes. These phenomenal metamorphoses have moulded and put the mass media into
such vantage and dynamic position from where they have had drastic and
dynamic influences on the politics of the Nigerian State. The growth and
proliferation of the media industry in Nigeria has been quiet impressive
since 1859, making them so virile and vibrant, paving way for their irresistible and impactful effects on the development of all facets of the Nigerian
State, particularly its political culture and landscape, to date (Aliede, 2003).
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Similarly, the growth and advancement of the Nigerian mass media,
as noted by Aliede (2003), has been so parallel and simultaneous with the
evolution of the country’s political culture. This symbiotic parallel historical development, the separation of which would be fruitless, if attempted,
is partly because the mass media were directly and indirectly utilized and
manipulated to serve the interest and cause of the political class. This is
despite the fact that the mass media had overwhelming private ownership
and management dominance, yet till date, media owners, operators and
practitioners still partly function to influence cause of events in Nigeria’s
political arena.
Putting this differently, the Nigerian mass media have, to a significant level, determined the growth, progress and direction of the country’s
political system, just as its political dispensation has extensively actuated
the performance and impact of the media. The pre and post-independence
evolution of Nigeria has a very strong link with the mass media which can
be reasonably considered to be one of the first professionalized industries
in the country (Aliede, 2003). This is more so since, as far back as the era of
colonized Nigeria, the mass media had attracted massive investment as a
result of its peculiarity, functions and acceptance. As instruments for agenda
setting, opinion leadership, persuasion and enlightenment, as noted by
Aliede (2003), the Nigerian mass media (both print and electronic) became
veritable instruments at the disposal of nationalists for the actualization
of their dream of ousting the imperialists and securing for the country, its
political independence.
The strength the print media (the forerunner of the broadcast media),
especially newspapers had to expend in assisting Nigeria’s advancement
to full- fledged democratic governance after independence got a leverage
with the advent of the electronic media: radio and television into the media
sub sector. Their added uniqueness and attributes, like instantaneous
effect, linguistic barrier breakage, audio-visual qualities for television and
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demonstration, dramatically uplifted media influence on Nigerian politics,
for instance, in moments of significant political events such as elections
(Aliede, 2003). Hence, the foregoing makes it logical to project the mass
media, premised on their activities before and after Nigeria’s independence,
as the pivot of the country’s political development and democratic advancement till date.
However, despite the accolades showered on the mass media as being
instrumental and central to the emergence and sustenance of independent
Nigeria, to what extent have they faired ethically in the dispensation of their
duties and responsibilities to the different facets of the Nigerian society? To
what extent can they be exonerated from allegations of corruption in the
performance of the key roles of environmental surveillance, events interpretation, information dissemination, citizenry education, entertainment
etc.? These and other issues bordering on the ethical imperatives of the roles
of the mass media in the preservation of the Nigerian State constitute the
subject matter of this discourse.
OVERVIEW OF THE CONTRIBUTIONS OF THE MASS MEDIA TO THE
DEVELOPMENT AND PRESERVATION OF THE NIGERIAN STATE
This is discussed from the perspective of the print (newspapers and
magazines) and broadcast (radio and television) media.
The Print Media
Newspapers pioneered the emergence of modern journalism in
Nigeria. Predating the emergence of modern Nigeria through the 1914
amalgamation, historically, newspapers debuted with the establishment
of the Iwe Irohin (Fun Awon Ara Egba Ati Yoruba on December 3, 1859 by
an Anglican Reverend, Henry Townsend. The newspaper, with a life span
of eight years, was established primarily for evangelization but turned out
to be more involved in information dissemination (including economic
messages), enlightenment, socialization, as well as serving as a political
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instrument which, as noted by Aliede (2003, p. 17) “began the gradual
and difficult process of preparing the mind of Nigerians to the eventual
revolt which eventually ousted the British Colonial powers.” This it did
by providing its audience the opportunity of contributing their views and
opinions to the political events of the period.
Other newspapers established after Iwe Irohin which either supported
or opposed activities of the government of the day as well as encouraged
political participation, included Anglo African – 1863 to 1865 (established
by Robert Campbell) which concentrated on matters of public interest,
social issues, economic events and government affairs; Lagos Times And
Gold Coast Advertiser – 1880 to 1883 (established by Richard B. Blaize)
which championed the cause of public rights, and was vocal on political
matters such as social and political awakening, the non- existence of legislative authority in the country and the attempted imposition of water rate in
Lagos; Lagos Standard – 1908 to 1920 (established by George Williams and
S.H. Pearce); Nigerian Chronicle – 1908 to 1915 (published by Christopher
Johnson); the Nigerian Times – 1910 to 1915 (published by James Bright
Davies and Sapara Williams) during which one of its founders, Davies,
became the first Nigerian to go to jail for seditious publication; Lagos Echo
– 1892 to 1893; Lagos Weekly Reporter – 1898 to 1899 (established by V.C.
Crissman); and Nigerian Pioneer – 1914 to 1937 (established by Barrister
Kitoye Ajasa) which was used to counter the barrage of criticisms hauled at
the colonial administration (Aliede, 2003; Duyile, 1987; Omu, 1978; Uche,
1989).
Newspapers that were established during the nationalist era and
which were at the forefront of political agitation, and some of which were
tied to political parties included Daily Times established in 1926 principally
to break the then government’s domination of Reuters’ news; Daily Service,
(founded in 1933 by Ernest Ikoli and managed by H.O. Davies) the mouth
organ of the Nigerian Youth Movement (NYM) which later changed to the
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Action Group; Daily News, political instrument of the Nigerian National
democratic Party (NNDP); African Messenger – 1921 to 1926(published by
Ernest Ikoli); Lagos Weekly Record (established by Thomas A. Jackson);
Nigerian Spectator (established in 1923 by S. A. Savage); Nigerian Advocate
(founded in 1923 by S.H. Braithwaite); Lagos Daily News – 1927 to 1936
(operated by Herbert Macaulay) used to champion the political agitations of Macaulay particularly against the British colonial administration
and bore the stamp of Macaulay’s personality on its pages; and The Daily
Comet – 1933 to 1945 (founded by Duse Mohammed Ali, an Egyptian
African nationalist) which was barred in 1945 by the colonial authorities for
its nationalistic posture when it praised striking workers for embarking on
an industrial action.
There were also West African Pilot – 1937 to 1947 (founded by Dr.
Nnamdi Azikwe, who also had other newspapers in his group such as
Eastern Nigerian Guardian, The Nigerian Spokesman, the Southern
Advocate and Sentinel) through which he used his journalistic artillery
(i.e. group of newspapers) not only to bombard the colonialists but also to
keep them uneasy and uncomfortable; and Nigerian Tribune (established
in 1949 by Chief Obafemi Awolowo) which represented the mouth organ
of the Action Group party, and was, according to Daramola (2006, p.117),
“vocal, aggressive, punchy, and pungent: it never pretended to be friendly
with the colonial administration; each time, it came out with thunderous,
fearless editorials, hitting decisively at the colonial masters.” There were
other newspapers located in provincial cities such as The Dawn (1937)
based in Aba, The Calabar Observer (1902), Nigerian Eastern Mail (1935 –
1952) located in Calabar, West African Advertiser (1935) based in Calabar,
Nigerian Observer (1935), and the Echo (1932) located in Aba.
As far as post-independence Nigeria is concerned, existing newspapers continued in political alignment and pursuits of the cause of their
principals, while new ones were established to serve the political aspirations
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of their founders, including the governments of the day. Newspapers established in the 1960s included Morning Post and Sunday Post (established in
1961 by the then federal government) which were tailored to serve government’s political, social and economic interests; the Western Region came up
with Daily Sketch, Daily Express, as well as Irohin Yoruba (under Samuel
Akintola), in addition to Nigerian Tribune already in existence, during which
all actively participated in festering and propagating the political interests
of their principals; ditto for the Eastern Observer, Nigerian Spokesman,
Eastern Sentinel and Nigerian Outlook for the Eastern Region; while the
Northern Region established Nigerian Citizen and Gaskiya TafiKwabo to
cater for the northern political aspirations (Daramola, 2006; Aliede, 2003).
Other post-independence Nigerian newspapers which actively participated in nurturing the country’s democratic aspirations to an appreciable
level (up to the fourth republic) are New Nigerian (founded in 1966 by
the northern states government but which was taken over in 1975 by the
Federal government under General Murtala Muhammed) which wrote
many pungent and critical editorials many of which were against government policies, while also consistently reflecting the thinking of the masses;
The Punch (which began as a Sunday publication was established in 1973 by
Chief Olu Aboderin) was reported to have come out fearlessly with a crop
of professional journalists, determined to defend the liberty of the people
and act as the watchdog of the Nigerian society; National Concord (founded
by Chief MKO Abiola in 1980) which served the political aspirations of its
principal, attacking viewpoints of rival publications all through the period
of its existence till its exit in 1998 after the death of its founder in political
detention; The Guardian (established by Alex Ibru in 1983) which has, till
date, maintained a journalistic tradition of lack of sensationalism in news
reportage, lengthy, detailed and fleshy news stories; Vanguard Newspaper
(established by Sam Amuka-Pemu in 1984) meant to serve in the vanguard
for a better life for the people of Nigeria; Champion ( established in 1988 by
Chief Emmanuel Iwuayanwun) meant to champion the ambition and help
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lubricate the political aspirations of its principal; and THISDAY (established
in 1995 by Nduka Obaigbena) which was floated to provide information
along the cardinal principle of free enterprise, democracy and social justice.
Hard news Magazines were also not left out in active agitation for
good democratic governance especially in post-independence Nigeria.
Some of these magazines that significantly influenced the course of political
events in Nigeria include Newswatch (founded by Dele Giwa, Ray Ekpu,
Dan Agbese and Yakubu Mohammed in 1884 but hit the newsstand in
1985) which was established purposely as Nigeria’s weekly newsmagazine
treating national and international news including politics, business and
economy, education, science, lifestyle and sports; The News (established in
1993 by Bayo Onanuga, Seye Kehinde, , Babafemi Ojudu, Dapo Olorunyomi
and Kunle Ajibade) which is known for its investigative journalism, punchy,
pungent, radical and authoritative; and Tempo (established also in 1993 by
Independent Communications Network Limited, publisher of The News)
founded to “ help gauge the mood of the nation” (Daramola, 2006, p.171).
The Broadcast Media
The contributions of the Nigerian broadcast media to the emergence,
preservation and sustenance of the Nigerian State are examined in periodic
perspectives spanning the rediffusion era, the regional broadcasting era as
well as broadcasting in post-independence Nigeria (covering broadcasting
in the first republic, broadcasting during the period of the Nigerian civil
war, and broadcasting during the post-civil war period).
The Rediffusion Era (NBS and NBC Years): The Rediffusion
Broadcasting System (RBS), relayed through the rediffusion Box on
December 1, 1935, established by the British Broadcasting Corporation
(BBC) was colonial Nigeria’s first experience at witnessing broadcasting.
It was a government-sponsored broadcasting Lagos radio network meant
to disseminate a mixture of selected BBC materials and some colonial
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government programmes. A subscribed version of the rediffusion network,
Radio Distribution Service (RDS)was extended between 1935 and 1950 to
cater for more parts of Nigeria, particularly those identified as densely
populated centers (Udeajah 2008); The Nigerian Broadcasting Service, the
first public service broadcasting organization in British colonial territory, (a
wireless service) was established in 1951 through a legislative ordinance to
provide educational services, as well as independent broadcasting service;
and based on the continued thirst for information by Nigerians besides
political, economic and social developments as well as the increased struggle
for political independence by the nationalists, the Nigerian Broadcasting
Corporation was established in 1957 through an act of parliament. It
was meant, among other provisions, “to ensure that the services which
it provides, when considered as a whole, reflect the unity of Nigeria as a
federation, and at the same time give adequate expression to the culture,
characteristic, affairs and opinions of the people of each region or part of the
Federation” (Obazele, 1996, pp. 146-147).
The Regional Broadcasting Era: The idea of regional broadcasting
predated the establishment of the NBC in 1957, having been constitutionally sanctioned through efforts of the nationalists in the McPherson
constitution in 1954. Actual regional broadcasting did not commence until
1959 when, in response to the constitutional provisions of 1954, the Western
Region established the Western Nigeria Radio-Vision Service and commissioned the Western Nigeria Television (WNTV). This was followed by the
establishment of its radio complement under the auspices of the Western
Nigeria Broadcasting Service (WNBS). This was again followed by the
establishment of more regional broadcasting stations such as The Eastern
Nigeria Broadcasting Service (ENBS) in 1960, “under the pressing need to
air messages of political significance (Udeajah, 2005, p. 10). The Northern
Region established the Broadcasting Company of Northern Nigeria (BCNN)
in 1962 which set up the Radio Kaduna Television (RKTV) the same year.
The essence of the creation of regional broadcasting institutions by the
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regional governments was to promote their political aspirations and this
reflected in the programming of these broadcast stations.
Broadcasting in Post-Independence Nigeria:
This is examined in light of the following;
Broadcasting in the First Republic (1963–1966):
Following the trail of regional governments which had established
television and radio stations, the Federal Government, as a matter of political
necessity, established the Nigerian Television Service (NTS) to complement its pioneer radio station (NBS) which had been renamed Nigerian
Broadcasting Corporation in October 1956. By the advent of Nigeria’s First
Republic in 1963, from independence in 1960, the regionalization was
maintained, with each region having and managing its broadcasting institution inherited before independence as well as the newly created NTS. The
peculiarity of broadcasting during Nigeria’s First republic is aptly captured
by Udeajah (2005, p. 48) as follows:
The organization of broadcasting during the civilian rule in the First
republic was the privileged responsibility of the political elite in power.
All the broadcasting systems (radio and TV) were government-owned
and controlled. Lagos city, for example, operated its radio system that
largely served Federal Government interests. Similar situations were
obtained in the regions.
Broadcasting during the Period of the Nigerian Civil War (1967
– 1970):
All the broadcast media during the Nigerian civil war (which began
on July 6, 1967 and lasted till 1970) still maintained the status of government-owned institutions. They also vehemently promoted the interests of
their owners. While the broadcast media from the Eastern part promoted
the cause of Biafra with the theme “Broadcasting for Survival,” broadcast
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media owned by other regions and the federal government championed
the Federal cause with the theme “Broadcasting to keep Nigeria One”.
Painting the scenario of the broadcasting system during the Nigerian civil
war, Udeajah (2005, p. 79) writes:
In short, the broadcasting stations in the country were aligned into blocks
as media practitioners spread propaganda in favour of their regional
inclinations. Teaming up with the political elite, broadcasters took sides
with their regions during the series of conferences that were organized
to determine the supposedly new constitutional propositions for the
country. With the declaration of the Republic of Biafra and the subsequent
outbreak of war, therefore, there emerged a series of slogans from the
opposing camps….Needless to state, in that context, that the broadcast
media continued their political education, even in such a war situation.
Broadcasting and the Postwar Government of Gowon (1970–1975):
The Nigerian broadcast media during the remaining part of General
Yakubu Gowon’s administration after the civil war in 1970 helped in
propagating the Federal Government’s post war policy of rehabilitation,
Reconstruction and Reconciliation. The broadcast media were particularly
instrumental to the propagation of the essence, the ideals and the rudiments
of the second national development plan (1970 – 1974).
Broadcasting during the Murtala Muhammed Military
Administration (1975–1976):
The Nigerian broadcast media during the short-lived military administration of General Murtala Muhammed (July 29, 1975 – February 13,
1976) were characterized by complete subordination to the status quo.
They propagated, defended and rationalized the policies and actions of the
administration to the populace. These include: imposing uniform policies
on the federal structure, undertaking a massive purge of the Nigerian Civil
Service; increasing the number of status from 12 to 19, removing Governors
from the Supreme Military Council, creating for them a third-tier Council
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of States; and removing the national Capital from the coastal city of Lagos
to Abuja, Nigeria’s heartland (Udeajah 2005).
Broadcasting during the Obasanjo Military Administration (1976
– 1979):
During the military administration of General Olusegun Obasanjo, the
broadcast media constituted Federal Government’s agent for mass mobilization on its transition to civil rule programme. Udeajah (2005, p.121) aptly
captures the operations of the broadcast media in this respect:
The broadcast practitioners manifested some general restraints in their
selection of programmes transmitted during the period of the transition to democratic rule. It was feared at various levels that the slightest
deviation from the norm would meet with devastating blow from the
military government that structured the transition activities.
Similarly, the broadcast media were actively engaged in the propagation and promotion of the federal government’s agricultural project
– Operation Feed the Nation (OFN).
Broadcasting during the Second Republic (1979 – 1983):
The broadcast media, during the second republic federal civilian
administration of Alhaji Shehu Shagari (October 1, 1979 – December 31,
1983), despite the euphoria on the country’s second attempt at democratic
governance, operated in an autocratic setting. There was complete federal
and state government ownership and monopoly of broadcast stations.
Government censorship was more stringent under the regime than in
preceding military regimes. This view is confirmed by Ogunsuji (1989)
quoted by Udeajah (2005, p. 137) who observed that:
Most newspapers and broadcast stations owned by government
hardly carried negative or bad news concerning government activities.
Media whose political learning favoured the governmental patronage
through advertising avoided all damaging stories on government activities
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or policies. Rather, the editors tended to trim, kill, slant or display a reporter’s story in such a way as to support the official version. Thus, the Nigerian
civilian government, at the federal and state levels, manipulated the media
practitioners into cooperating in bending and blending public opinion to
the taste of the political elite.
Broadcasting during the Buhari Administration (1984 – 1985)
The broadcast media, during the short-lived military administration of General Muhammadu Buhari (January 1, 1984 – August 27, 1985)
actually contributed to the propagation of government’s developmental or
character-moulding programme – War Against Indiscipline (WAI). Though
short-lived, the Buhari administration left its mark on the broadcast
industry. Its campaigns of War Against Indiscipline (WAI) were fully run
by radio and television jingles and commercials on the queuing culture,
one-after-the-other banking and monitoring and environmental sanitation
were carried by the radio and television systems.
Broadcasting during the Babangida Administration (1985 – 1993):
The broadcast media, during the military administration of General
Ibrahim Babangida participated more in political broadcasting than before.
This was due to the state creation exercise which came with the consequential hype in political broadcasting occasioned by the desire of each
newly created State to air its views to its own people in its own way and
to compete with the federal stations in terms of ownership and operations.
Furthermore, the broadcast media, as with previous regimes, operated as
governments’ agents of public and political communication. They were
actively involved in the propagation and promotion of governments’ developmental and political programmes such as MAMSER, DFRRI, Better Life
for Rural Women programme, IMF Loan controversy, SAP etc. They also
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propagated the federal government’s initiated programme of transition to
civil government including the activities of the institutions put in place to
effect the programme.
Broadcasting during the Period of Deregulation (1994–2014):
The Nigerian broadcast media, at the onset of broadcasting deregulation, continued to act as government propaganda agents or megaphones,
with their programming still subordinated to, and controlled by the government at the federal and state levels, despite the existence of the NBC and
provisions of its Code. During the Abacha administration, most of the
private radio and TV stations, for fear of possible destructive reprisal from
the government, swallowed their pride and followed their governmentowned counterparts to promote government policies and programmes at
the expense of objective and critical reporting. Also during this period,
the Nigerian broadcast media industry witnessed a return of guerrilla (or
illegal) broadcasting such as Radio Kudirat International Nigeria (RDIN)
(floated and funded by pro-democracy groups and later renamed Radio
Kudirat in June 1997 and which transmitted on short wave band and
exited on December 31, 1998), as well as Radio Freedom Frequency (RFF)
(which commenced operation between June and August 1995 on frequency
modulation, FM) both of which resisted military dictatorship and championed the enthronement of democratic governance. Again, the broadcast
media were actively involved in the propagation and promotion of the
General Abubakar-organized short political transition programme which
eventually led to the swearing in of General Olusegun Obasanjo (rtd) as
the Executive President of the Federal Republic of Nigeria, and ushered in
Nigeria’s Fourth Republic on May 29, 1999. The broadcast media facilitated
the political transition process promoting and disseminating information
to Nigerians, particularly the electorate, on the activities of the major stakeholders in the transition.
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Furthermore, the broadcast media, particularly the privately-owned,
during the successive administrations of Presidents Olusegun Obasanjo
(1999 – 2007), Shehu Musa Yar’dua (2007 – 2010) and Goodluck Ebele
Jonathan (2010 – 2014), assisted in enhancing personal influence and thereby
achieving political power for individuals, political institution of interest to
them, either through ownership, connection with ownership or through
business patronage or association. What Udeajah (2005, p. 205) observed
regarding the 1999 transition to civil rule politics, still played out in subsequent electoral processes. Udeajah observes:
During the 1999 politics, the role of public service broadcasting
became evident in reporting and interpreting political events; defining
trends in the transition process and in educating the population politically
through news and current affairs programmes. The private broadcasting
stations become preoccupied with projecting the personalities of candidates through political advertising. This enabled some candidates of such
political image-promoting adventure to gain some competitive advantage.
ETHICAL DIMENSIONS TO THE FUNCTIONALITY OF THE MASS MEDIA
IN THE PRESERVATION OF THE NIGERIAN STATE
To underscore the ethical implications of mass media in the performance
of their professional roles within the Nigerian context, this section of the
discourse is presented from the following perspectives:
Conceptualizing Journalistic Ethics
According to Omoregbe (1993), ethics deals with fundamental principles of morality where some actions are labelled as good or bad; right
or wrong; ethical or unethical and the various criteria of making such
judgments. Moral historians opine that even if what is held to be right
or good varies from society to society, the concepts of right and good are
generally universal (Omoregbe, 1993). Academically, ethics is the systematic
study of the norms of human behaviour. It is the discipline which studies
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the morality of human conduct and the principles of moral behaviour. It is
the normative science of human conduct which has the purpose of guiding
human conduct along the line of moral laws (Onabajo, 2002).
Applied to journalism, Merrill and Barney (1982), as cited Onabajo
(2002), are of the view that the basic problems of journalism have mainly
been ethical and philosophical. Modern journalists, as noted by Merrill
and Barney (1982) are increasingly at loggerheads with what they consider
their rights as journalists and their responsibility to society or to various
persons and groups within the society. Sometimes, journalists succumb to
unethical demands from powerful opinion moulders from the government
and the private sector, and as asserted by Onabajo (2002), “it does appear
that unethical conduct is being rewarded instead of being despised.”
Journalistic ethics, therefore, is the branch of philosophy which aids
journalists in determining what is right to do, and it is ultimately concerned
with providing moral principles or norms for journalistic action. Ethics is
fundamental to journalism because, as noted rightly by Onabajo (2002),
mass media practice is based on a set of essentially ethical concepts: trust,
objectivity, honesty, privacy, freedom, among others. In any society, the role
of journalism, as expected of the Nigerian mass media, is to provide information for the enlightenment, education and entertainment of the people
and this raises ethical questions on the quality of intelligence disseminated,
manner of its acquisition and the object for which it is used in the socioeconomic and political processes
Theoretical Perspectives to Journalistic Ethics
The origin of journalistic ethics, a relatively modern philosophy
(Onabajo, 2002), has its root or basis in the normative theories of the press.
The most relevant of these theories to journalistic ethics (which are its
direct precursors) are the libertarian (or free press) and social responsibility theories of the press. Historically, the excesses of the extreme freedom
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implied from the libertarian press theory, which advocates that the press
should be completely free to publish what it likes; and the abuse of this
freedom believed to give rise most times to negative journalistic practices,
led to the advancement of the social responsibility theory (McQuail, 1987;
Okunna, 1995).
According to Okunna (1995), the social responsibility theory of the
press preaches the concept of a free but responsible press and this led to
professional journalistic associations, (such as the Nigerian Press Council)
coming up with codes of ethics (like the 1996 Code of Ethics for Nigerian
Journalists) designed to encourage responsible behaviour by their members.
The social responsibility theory stresses the need to reconcile the independence of the press with the obligation to society. This presupposes that in the
various work places of the mass media, Nigerian media inclusive, certain
standards of performance can be stated and should be followed. And, the
theory, as noted by Moemeka (1987), places due emphasis on the moral and
social responsibilities of the person who practices the media profession and
the institutions which operate the mass media (that is, individual journalists and their respective media organizations).
Put differently, the theory, as observed by Ojobor (2002), tries to reconcile
three somewhat divergent principles: individual freedom and choice,
media freedom, and media obligation to society. A fallout of its basic postulates is the implication of self-regulation of individual media practitioner or
journalist in the process of achieving higher standards of performance. This
self-regulation canvassed by the theory informs the codification of journalistic conduct through ethical codes prepared by journalists for themselves.
The following are some of the principles of the social responsibility
theory (McQuail, 1987; Ojobor, 2002; Okunna, 1995; Onabajo, 2002):1.
Certain obligations to society should be acceptable and fulfilled
by the media or press;
2.
These obligations are mainly to be fulfilled through setting high
professional standards of truth, accuracy, objectivity, balance and
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informativeness;
3.
In the discharge of their duties and responsibilities, the media
should regulate themselves (that is, be self-regulating) within
the framework of law and established institutions;
4.
Whatever might lead to crime, violence, civil disorder or offence
to minority groups, should be avoided by the media;
5.
The media should reflect its society’s plurality, giving access to
various points of view and grant all the right to reply;
6.
Based on the principle of accepting and fulfilling certain obligations, society and the public have the right to expect high
standards of performance from the media, and intervention can
only be justified to secure public good, since journalists should
be accountable to the society;
7.
To maintain high ethical standards, the press must be controlled
either by itself (through self-regulation) or by the government.
Deriving from the foregoing principles of the social responsibility
theory, Lambeth (1986) cited by Onabajo (2002), advocated five principles
of journalistic ethics. These include:1.
The Principle of Truth Telling: This encourages the journalist
not only to form the habit of writing accurate reports, but
also to seek the larger truths behind the facts that he or she is
presenting;
2.
The Principle of Justice: Journalists must maintain a daily
concern for fairness and news organizations must help to create
a climate conducive to high ethical standards. The news media
should take its watchdog role seriously and should guard
against abuses of power by other societal institutions;
3.
The Principle of Freedom: The individual media writer must
be free and be disentangled from conflicting interests. In a
democracy, the journalist is expected to guard the constitutional
freedom that is granted to the press;
4.
The Principle of Humanness: The media writer should not intentionally harm others. Instead, he or she should give assistance
and prevent suffering where possible; and
5.
The Principle of Stewardship: The media writer, as a caretaker
or steward of free expression, must manage the resources of
communication with due regard for the rights of others, the
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rights of the public and the moral health of his or her own
occupation.
Documented Abuses of Professional Ethics in Mass Media Practice
in Nigeria
Professional ethics in mass media practice in Nigeria is expected to be
influenced by the Code of Ethics of Nigerian Journalists. The code expects all
journalists to self-regulate themselves in adhering to its provisions in other
to observe the highest professional and ethical standards in their conducts
with a view to winning a high degree of public trust. Issues addressed in
the provisions of the code relate to editorial independence, accuracy and
fairness, privacy, privilege/non-disclosure, decency, reward/gratification, discrimination, violence, children and minors, access to information,
public interest, social responsibility, plagiarism, copyright, as well as press
freedom and responsibility. However, in the discharge of their duties and
responsibilities, (particularly their documented contributions towards the
emergence and preservation of the Nigerian State), many issues have been
raised regarding the ethical conduct of the mass media, abuses of professional journalistic ethics, and by extension, violations of the provisions of
their self-initiated code of ethics. This section provides an exposition of
scholarly views regarding ethical lapses of mass media practice in Nigeria.
From his own perspective, Pate (2003) identifies excessive materialism,
acceptance of bribe from political sources, sycophancy, misuse of confidential sources, frequent sensationalization of reports, and unbalanced and
unfair reporting, as common forms of ethical abuses perpetuated in Nigerian
media practice. Pate (2003) is of the view that factors of pervasive poverty
and the craze for material acquisition in the society drive media managers
to compromise ethical code by sometimes, hiding “under the banner of
commercialization to extort money from politicians for programmes and
news coverage that should ordinarily be free of charge” (p. 131).
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Pate (2003) also considers worrisome the constantly repeated allegation of Nigerian journalists soliciting and accepting bribes from politicians in
performing their normal duties. To Patte, “acceptance of bribes has become
pervasive that it has been variously nicknamed ‘qua’, ‘up-sound’, ‘chopey’,
‘brown envelope’, ‘the last line’, ‘egunje’, ‘goro’, ‘quapane’, ‘energizer’, etc”
(2003, p.131), asserting that the impact of bribe on objectivity in handling
stories about politics is such that many journalists are tempted to slant, skew,
distort or colour news, or in some cases, tell outright lies. On sycophancy,
which Pate (2003) believes is more manifest in political reporting, stateowned media organizations, in particular, are said to be more guilty of
the irritating art of praise-singing for governors and their officials, while
members of the opposition are denigrated through character assassination,
mudslinging and name-calling, with news about other parties being hardly
given any serious consideration.
Pate (2003) also identifies, as other forms of abuse of the ethical code,
misuse of confidential sources to serve some unexplained political interests,
where in some cases, inaccurate or false information are attributed to
non-existing secret sources; frequent sensationalisation of news reports to
attract more audience patronage, or high readership especially in the print
media; as well as unbalanced and unfair reporting of political issues, most
prevalent among many of the public-owned broadcast stations. Patte (2003),
citing Agba (1997), identifies ways by which unbalanced political reporting
is perpetuated to include: bias in the source of news, bias through selection
of news, bias through omission of news, bias through placement in news,
bias in the headlines, bias in the use of words, bias in news images, bias
in the selection of photographs, bias in captions, the use of editorials or
commentaries to distort facts, and the hidden editorials.
Similarly, Galadima (2003) identifies some of the corrupt media
practices (perpetuated by reporters or journalists) that fuel political violence
to include: collection of bribes from political leaders in order to give them
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positive coverage; collection of parcels of land from political leaders such
as governors, ministers etc. for continuous positive coverage of their activities in order to boost their electoral fortunes over their opponents; collection
of gifts from prominent politicians with the aim of fostering good media
publicity; conferring achievements and professional awards on political
leaders with the aim of boosting their images; and, publicizing events,
persons and issues from sectional or religious angles in other to sway public
opinion in favor of such events, persons or issues. Galadima (2003) also
identify ethical abuses perpetuated by editors and publishers of media
organizations to include: organized visitations to governors and other
political leaders with the aim of publicizing such activities; demanding and
collecting money to kill and damage stories sent in by their reporters, with
the intention of enhancing the political fortunes of such politicians; and
engaging in media consultancy where they launder the images of the politicians by colouring the truth through manipulation of words.
Furthermore, Christopher and Onwuka (2013)describe ethical lapses
within the Nigerian media industry as “trimmings of journalism” and
identify some of these to include situations: where information flow and
prominence are controlled by people in influential positions, PR practitioners in government parastatals and big companies; where beat associations
and news commercialization facilitate the suppression of real voices, thereby
preventing the development of honest and diligent professionals capable
of generating exclusive stories; where beat associations could dictate their
terms thereby impeding access to information and providing cover for
professional misconduct; where beat associations and trade unions, which
should monitor and enforce media ethics, have established themselves as
award-giving bodies; where public office holders award contracts to journalists and Nigerian Union of Journalists (NUJ) officials to ensure good press
coverage, or where some of them are on the pay rolls of some governors and
members of the House of Assembly; and, where journalists hobnob with
politicians; and where many print media organizations nurture journalists
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in line with the owners’ partisan policies.
Other breaches of journalistic ethics in Nigerian media practice, identified by Christopher and Onwuka (2013) include situations: where electronic
media organizations render paid-for news as regular news, unknown to
their audiences, (a form of news commercialization the authors consider
to be different from news that sells); where newspaper journalists and
editors match news coverage of companies with how much advertisement placement is made in the paper; where news is tailored to advertisers’
request or put differently, where news is no longer about reporting timely
occurrences or events but about packaged broadcast, or reports sponsored
or paid for by interested parties, the consequence of which include the
constraining of any tendency toward critical presentation and evaluation
of news issues and events, the thinning out of genuine and authoritative
news, the abuse of news segments, as well as the presentation of distorted
and one-sided views on critical issues; and, where journalists threaten their
targets with the publication of unpleasant stories if they fail to pay up for
stories to be killed.
Putting the foregoing ethical lapses among Nigerian media operatives in perspective, Pate (2003), citing Nwosu (1987), Okunna (1995)
and Karikari (1997), identifies factors considered motivators for constant
violation of the professional code of ethics to include: lack of any adequate
professional training; drive of publishers or owners for financial gain or
political influence; partisanship and personal interest of individual journalists; political pressure from government or opposition; the precarious
financial conditions of journalists; the fact that adherence to journalistic code
of ethics is self-regulated; ignorance of the code of ethics; sheer contempt
and disregard for rules and standards; neglect of, or laziness about basic
professional demands of accuracy, thorough investigations and sensitivity
to subjects and audiences; bankruptcy regarding social values and norms,
including widespread corruption; the pressure and demands of time on the
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small staff of most newsrooms which undermine thoroughness in performance; and inadequate working tools and non-conducive environment in
most print and broadcast media houses.
Similarly, Galadima (2003) identifies factors predisposing Nigeria
journalists to ethical abuses bordering on corruption to include: economic
crunch pervading most developing societies where the cost of production
for news media outfits has increased astronomically which leaves little
margin for profits; low wages and salaries for journalists (more commonly
known as ‘slave salaries’ or ‘ID card journalism’); fall in advertisement
and readers’ patronage due to economic problems; irregular payment of
reporters by employers; government policies and actions such as proscription and confiscation of media outfits and products as was the case during
military regimes; as well as partisanship and bias/affiliation to groups and
parties.
SUGGESTED REMEDIES FOR ETHICAL LAPSES IN NIGERIAN MASS
MEDIA PRACTICE
To enhance the functionality and centrality of the mass media in the preservation of the Nigerian State, certain suggestions or recommendations have
been advanced to address abuses of journalistic ethics by Nigeria journalists. These suggestions, which are presented under different headings,
include the following:On Political Reporting: The following elements are suggested as
guide towards ethically-driven political reporting:
Accuracy and Fairness: Every journalist is enjoined
1.
to uphold the belief that the public has a right to know. Factual,
accurate, balanced and fair reporting is the ultimate objective
of good journalism and basis of earning public trust and confidence; and
2.
to refrain from disseminating inaccurate and misleading information, where such information has been mistakenly reported,
prompt correction should be made;
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Opportunity to Reply: Every journalist, when inaccuracies are reported,
is enjoined to give those who feel they have been fairly untreated the opportunity to respond appropriately. Individuals publicly accused should be
given the earliest opportunity to respond; and,
Impartiality: Every journalist should, at all times, use his or her professional judgment to distinguish between fact and opinion, and should ensure
that listeners/viewers/readers are told where personal opinions, comments
or conjecture are involved (Pate, 2003). Also included are:
Privacy: Every journalist must respect the private life of individuals
even if they are politicians. Except where strong relation to public interest
could be established, the journalist should not use clandestine means to
obtain information without the consent of those involved;
Information: Every journalist, while protecting confidential sources
of information, should be careful in receiving confidential information to
avoid being implicated. But where an unidentified source must be used,
the reason should be stated and the source should be described as fully as
possible without identifying him or her so that readers are able to gauge
credibility of sources;
Bribery: Since the intention of every form of bribery is to influence news
reports, every journalist should strive to decline gifts, favours, or compensation from those who might seek to influence coverage;
Advertising: Every journalist should maintain a clear-cut delineation
between advertising and editorial matters. While payments are made for
advertised information, news is not expected to attract any fee (Pate, 2003)
On ‘Brown Envelope’ Syndrome: The following recommendations
are suggested as a way forward in dealing with the negative consequences
of the brown envelope syndrome1.
Media professional bodies should design frameworks that would
checkmate ethical abuses and bring more assertiveness into strict
adherence of members to the highest standards of ethics in the media
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industry by sanctioning defaulters of ethical breaches such as the
collection of brown envelopes;
2.
The Nigerian Union of Journalists (NUJ) and other professional bodies
should ensure that there is vibrant unionism in the profession by
ensuring that rights of journalists are not trampled upon or denied
by putting in place a mechanism for the negotiation of a better pay
package for journalists (Okoro & Chinweobo–Onuoha, 2013); and,
to put more bite into the control and maintenance of highest ethical
standards among media operatives, the NUJ and other professional
bodies should seek for legislation-empowered status for the code of
ethics for Nigerian Journalists, rather than expecting total adherence
to same through self-regulation by members.
Other recommendations include:1.
To reduce ethical abuses, there is the need to encourage, among
Nigerian journalists, situations that predispose them to applying
ethical reasoning such as (a) concepts of self and others, as well
as responsibility to society; (b) level of education and extent of
professional development, meaning that journalists must be
given adequate training in ethics; (c) instilling in journalists the
consciousness or awareness that sound judgment is expected at
all times; and, (d) instilling in journalists consciousness of the
overriding concern when generating stories (that is, whether
the story is meant to demean or eulogise an individual, people,
political party, government, etc.) (Christopher and Onwuka,
2013).
2.
To reduce ownership-related ethical violations,
a.
There is the need for mass media owners to pay healthy salaries
to their media operatives so that they will be less susceptible
to bribes and favours (implying that only individuals/organizations with sound financial footing need to establish media
business);
b.
Existing media organizations can consider merging, or adoption
by companies with strong financial footing to fund well-paid
and responsible journalism;
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3.
c.
Regulatory bodies and media associations should work out
minimum standards for establishing and operating a media
organization, including regular payment of workers’ salaries:
d.
Media owners, journalists, editors, media managers should keep
themselves constantly abreast of development in the society
and about international best media practices through regular
training;
e.
Media owners can set up committees to monitor and manage
implementation of outcomes of conferences and workshops
with a view to increasing media owners’ capability to define and
apply sound ethical principles in their daily practice; and,
f.
Since responsible and developmental journalism or media
practice needs to be mostly society-driven, and not necessarily
anti-government, print media owners, to ensure and enjoy
wider circulation or access by readers, need to seek government
support in cutting cost of production and distribution (since
media products are imperative for information dissemination,
promotion of literacy among Nigerians, and national development) (Christopher and Onwuka, 2013).
On preparation of a new Code of Ethics, as rightly noted by Christopher
and Onwuka (2003), the National Assembly can kick-start the process
of designing acceptable code of professional ethics for mass media
practice in Nigeria by inviting mass media organizations and all
relevant groups to deliberate on the issue. This should be preceded by
public debates in different fora to sensitize the society on the importance of ethical journalism in a developing economy with much ethnic
diversity An act of parliament as the end product of such deliberations would not be seen as the government trying to suppress press
freedom, but as a genuine effort at constitutionally empowering the
relevant media associations to monitor and enforce strict adherence to
the new code of media ethics.
CONCLUSION
This discourse has been able to establish the functionality and centrality of
the Nigerian mass media in the development and preservation (or continued
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existence) of the Nigerian State. However, the accolades due to the mass
media in their Tortuous journey towards helping Nigeria gain independence and survive turbulent periods towards the enthronement of stable
democratic governance in its present fourth Republic, have been dampened
by accusations of ethical breaches by media operatives, particularly journalists. As implied from Okunna’s (1995) submission, it is impossible to divorce
ethical problems in journalism from those of the Nigerian society which,
to a larger extent, manifests vices of excessive materialism, sycophancy,
nepotism, character assassination, poor leadership, indiscipline, sensationalism, deviation from the truth (Pate, 2003). Hence, ethical breaches
observed in Nigerian media practice are largely society-driven. This is why
a composite remedial framework to address these breaches among media
operatives (journalists, editors, media owners and managers), that would
include sensitizing identified collaborators within the larger society is
imperative, if the mass media are to continue playing their central role of
preserving the Nigerian State.
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REFERENCES
Aliede, J. E. (2003). Mass media and politics in Nigeria: A historical
and contemporary overview. In I. E. Nwosu (Ed.), Polimedia;
Media and Politics in Nigeria (pp. 16 – 37). Enugu: African
Council for Communication Education (ACCE), Nigerian
Chapter.
Christopher, N. M., &Onwuka, O. (2013). Media ethics in the development of journalism in Nigeria. Central European Journal of
Communication, Vol. 1. Retrieved June 20, 2014 from: http://cejc.
wuwr.pi/catalog/34.
Daramola, I. (2006). History and Development of Mass Media in
Nigeria. Lagos: Rothan Press Limited.
Duyile, D. (1987). Makers of Nigerian Press. Lagos: Gong
Communications.
Galadima, J. D. (2003). Mass media, corruption and violence in the
Nigerian political system. In I. E. (Ed.), Polimedia: Media and
Politics in Nigeria (258 – 265). Enugu: African Council for
Communication Education (ACCE), Nigerian Chapter.
McQuail, D. (1987). Mass Communication Theory. London: Sage
Obasele, P. (1996). Challenges of radio journalism and management of broadcasting in Nigeria. In O. Dare and A. Uyo (Eds.),
Journalism in Nigeria: Issues and Perspectives (pp. 45 – 67).
Lagos: Nigerian Union of Journalism, Lagos State Chapter.
Ojobor, F. J. (2002). Mass communication theories. In C. I. Okunna
(Ed.) Teaching Mass Communication: A Multi-Dimensional
Approach (pp. 3 – 26). Enugu: New Generation Books.
Okoro, N. & Chinweobo-Onuoha, B. (2013). Journalists’ perception of
brown envelope syndrome and its implications for journalism
practice in Nigeria. Covenant Journal of Communication
(CJOC), 1 (2), December.
Okunna, C. S. (1995). Ethics of Mass Communication. Enugu: New
Generation Books.
Omoregbe, J. (1993). Ethics: A Systematic and Historical Study. Lagos:
Jola Educational Research and Publishers Ltd.
Omu, F. (1978). Press and Politics in Nigeria: 1880 – 1937. London:
Longmans Group Limited.
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Onabajo, O. (2002). Essential of Media Law and Ethics. Lagos: Gabi
Concept Limited.
Pate, U. (2003). Media ethics in political reporting on the broadcast
media in Nigeria. I. E. (Ed.), Polimedia; Media and Politics
in Nigeria (pp. 129 – 135). Enugu: African Council for
Communication Education (ACCE), Nigerian Chapter.
Uche, L. U. (1989). Mass Media, People and Politics in Nigeria. New
Delhi: Concept Publishing Company.
Udeajah, R. A. (2005). Broadcasting and Politics in Nigeria: 1963 –
2003. Nsukka: Mass Communication Department, University of
Nigeria, Nsukka
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> 263 <
14
Ethical Considerations in Capital Market
Operations: The Nigerian Experience
Akinwunmi Kunle Onafalujo, PhD
INTRODUCTION
T
he Nigerian Capital Market was established in 1960 but officially
started business operation on its floors in 1961 with only 19 securities traded. Prior to December, 1977 it was called the Lagos Stock
Market. Nigerian Capital market was acclaimed by 2007 as one of the
leading global index performers until the market nose- dived in 2008 and
has since then not fully recovered. Several rules were churned out in the
wake of the turbulence to rescue the loss of confidence in the market as if
non-compliance with existing regulations was the albatross. Even the two
apex Director-Generals of the Capital Market –Securities and Exchange
Commission (SEC) and Nigerian Stock Exchange lost jobs. The new managers
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toyed with demutualization to no avail. During the market jamboree there
were suspect transactions mimicking the characteristics of price manipulation referred to as ‘pump and dump’. This is where a group of informed
investors take a long position in a security before recommending to other
players. The result is a sharp spike in price followed immediately by a sharp
decline (Soderstrom, 2011). The opposite of this market abuse is ‘trash and
cash’. The market watchers are conned by the trickster when he does a huge
short selling which causes a sharp price fall and then closes the position
by buying back. These are myriads of unacceptable practices that could be
described as market cheating, unprofessional acts or unethical behaviour.
Making ethical business decisions consistently is a key to long-term
success for any business, although ethical decision makers may, at times,
achieve weaker short-term better financial results than their shadier
counterparts. This is the conundrum. But on the long run operators and the
economy might find it difficult adjust the indices.
Knowing how to make ethical business decisions can help you set the
standard throughout your organization, helping your company to garner
a strong, positive reputation in the marketplace while securing a loyal
customer base. Business ethical values are a set of guiding principles that
encourage individuals in an organization to make decisions based on the
company’s stated beliefs and attitudes toward business practices within its
industry. Sticking to what is right even when it is painful is like taking an
unpleasant medicine to gain healing from a terminal disease. Ethical considerations distil out the gray areas of ethical risks in capital market operations.
Being an institutional framework, ethical risks by nature proliferate rapidly
if unchecked because of the seeming short term ends. The Nigerian Capital
Market operations may have suffered deep loss of confidence from ethical
risks which unfortunately is being countered by less effectively by rules,
compliance and risk management structures. The Nigerian Stock Exchange
(2011) report says that the demands and sales for Initial Public Offers (IPOs)
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in 2007 were artificially simulated. Margin lending was unethically operated
by banks and security firms.
To push down lessons in ethics, DesJardins (2003) pinpoints the
demonstration of ethos in the CEO of Malden Mills textile manufacturers
whose factory was raised by fire. In the confusion the CEO, Mr. Feuerstein
had business options to pocket insurance money collected or build another
factory in another region with favourable taxes and labour price. But instead,
Feuerstein took the bitter pill and rebuilt the factory in its current location
and paid employees while the reconstruction lasted.
On the other end of ethical considerations are business scandals such
as Enron, WorldCom, Tyco International and the dissolution of Andersen,
a globally rated audit firm, for their role in Enron. Following this in 2007
was the rapaciousness of lenders to borrowers in the US mortgage market
sub-prime lending scam. There were miss-selling, over selling and churning
(three critical unethical practices in finance) scandals in Europe popularly
referred to as rip-offs (Plender, 2012). The argument in ethical considerations is that the law stands in a position to prevent social risks and what is
wrong and ethics is sentimental approach to transactions (DesJardins, 2013).
But the law does not promise to do more than prevention of breakdown
of orderliness while ethics is more inclined towards morals-a gray area
between what is acceptable and what is not.
In examining the ethical risks in the capital market operations, the
following are considered in this order: Do Business ethics Matter? Capital
Market operations beyond rules and compliance, corporate governance and
risk management, and Conclusion
DO ETHICS MATTER?
Ethics derived its origin from the Greek word ‘ethos’ which means a
customary or conventional behaviour. However, the concept is being
expanded theoretically to mean more than norms or convention. According
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to DesJardins (2003), ethics is the study of choices: What we should value?
How to act? Who we should become? Where do we work? The Longman
Dictionary of Cotemporary English (2007) gives two relevant definitions to
ethics: i) the general idea or belief that influences behaviour, and ii) the
moral principles or rules of behaviour for deciding what is right or wrong,
that is, what is good or bad. Donaldson (2003) extends this to ethical considerations as being ‘a set of moral principles or values that binds a society
together.’ Ethical considerations in Capital Market operations may then
have to evolve over time based on the theory of ethics.
Ethics builds trust and integrity which helps in competitiveness.
Integrity refers to a belief in commitment to get a job done (Williams, 2001)
or work in line with agreed rules even when there could loss or sacrifice
from a person. Market integrity therefore means the belief to commitment
to market principles, ideals and rules. Trust also, is evinced from integrity.
The basis being perceived consistent behaviour of another person will keep
to his or her words. This is why the credo of Stockbrokers is ‘My Word is
my Bond’.
When trust is present, communication and problem-solving are easier
for people in ethical considerations (Rodgers, 2010). He further asserts that
trust promotes information exchange and framing problems and hence
ethical consideration policies in creating wealth, providing employment,
paying taxes and generating returns. Kramer (1999) proposes three trust
pathways of rational choice, rule-based, and category-based trust which
relates to creating strong influence in information sharing. However, the
implementation of the three trust pathways is dependent on level of professionalism, information asymmetry, rapidly changing environment, and
time-pressure. Rodger (2010) says these influences are subjective in nature.
The issue of morals being principle-based rather than rule-based introduces subjectivity into ethics conceptually. Feuerstein the CEO of Malden
Mills cited earlier on became famous and was celebrated by President
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Clinton with invitation to the State of Union address and praised as a model
of ethical business behaviour. Feuerstein seems to have demonstrated
sacrifice of personal great benefit in the short run for the sake of collective
good of others (DesJardins, 2003) which enhances good faith in the long
run. Someone with high morals perhaps! It goes beyond compliance but the
adoption of a hypernorm that generates a long term haul for the business
(Skipton and Verreault, 2007).
Financial crisis of 2008 which also engulfed Capital Market more than
anything is a lesson in history, and experience of Nigerian capital market
operations and the importance of understanding the long-term impact of
investment decisions on market integrity and sustainability. The events
have revealed unethical behaviour not just within investment firms, but also
rating agencies, corporate boards, accounting firms, regulators, financial
products and more.
DO CAPITAL MARKET OPERATORS HAVE A CONSENSUS ON THE
MEANING OF ETHICS?
DesJardins (2013) claims that unethical actions such as the global financial
scandals in Enron and World.com involve excessive risk taking and the
actors did not set out to commit misdeeds. What went wrong was the lack
of will to check and correct ethical lapses or grey areas. Socrates, 2000 years
ago gave a credo that could guide ethical considerations that ‘a life not
examined is not worth living.
Ethical consideration in Capital Market operations is different from
ethical investment which is the practice of some investors and investment
managers deciding which financial securities to hold based, on whether the
company that issued the securities is ethical in its operations in the eyes
of the investor (Hudson, 2005). Some Muslim and Christian faithful frown
at investment in the Brewery sector in Nigeria based on the fact that it
promotes the habit of alcohol consumption. Likewise, companies noted for
social responsibilities and upholding ethics of the society are considered by
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ethical investment-inclined investors to hold. They desire that managers of
firms respond to the investor’s act by being more ethical in the view of the
investor (or they may want managers simply to continue to follow ethical
practices that, without the support of the ethical investor, they might have
given up) (Cowton, 2003). Many other terms are used for ethical investing
such as: social investing, value-based investing, green investing and missioninvesting Rivoli, (2003).
3.0 Capital Market Operations: Beyond Rules Compliance
Trust is the life line of finance (Frankel, 2011). Financial market of
which the capital market is centric to, constitutes the most vital economic
institution in modern societies (Soderstrom, 2011). The financial markets
facilitate the raising of capital (in the capital markets), the transfer of risk
(in the derivatives markets) and the international trade (in the currency
markets) ((Avgouleas, 2005). The capital market is to supply capital equally
to the demand, that is, without shortages or surpluses by allocating capital
efficiently such that marginal productivity of capital will be the same for all
uses (Houthakker and Williamson, 1996). More succinctly in Aikhamiakhor
(1996), the most important function of the capital market is, the ability to
mobilise and channel savings into long term investment for commercial
and industrial development through the issuance and sale of new securities.
This is the basic function of the primary securities market, but the secondary
market is a transfer market for existing securities providing much sought
liquidity and returns for investors.
The Nigerian capital market operations were thrown into ethical
logjam probably in a different framework from Malden Mills. The ethical
dilemma or aberration in the Capital Market operations are when things are
good in the capital market, share prices are going up, every one smiles and
no ethical questions are raised until when things go awry. There are two
cyclical events in the capital market; the ‘Bear and the ‘Bull’ markets. Most
market problems start with wild Bulls- a sudden burst of upward price
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movement transmitted from a socio-economic and political risk. Blackfriars
LLP (2009) suggests sharp practices, weak regulations and corruption as
the main causes of the bubble and burst. In five years market capitalization rose from N800 million in 2000 to N13.3trillion in 2008 (NSE, 2011).
The monetary policy to raise the capital adequacy of banks and insurance
companies led the institutions to seek capital from the stock market (Nigerian
Stock Market, 2011). Then, at what cost of capital. The gale of public offer
mechanisms filled the air. For example, Afribank PLC which was having
average annual price of N6.6 for 10 years 1997-2005 suddenly moved up to
N19.5 by 2007; a rise of 167%. Likewise, Oceanic bank price rose by 304%;
Intercontinental bank by 222% and Guaranty bank by 122% all within the
same period. This is reflected in figure one below on the growth of market
capitalization 1981-2009:
Figure 1: market capitalization of the Nigerian Stock Market 1981-2010
Market Capitalization (1981-2009)
Axis Title
25
20
15
10
Market Capitalization/GDP
(1981-2009)
5
2009
2005
2007
2001
2003
1997
1999
1993
1995
1981
1983
1985
1987
1989
1991
0
Source: Author (2014)
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The capital market efficiency theory thrives on information management, whether in the strong, semi or weak form of efficiency. The information
transmitted to market operators was commonly understood that a higher
level of capital adequacy will lead to higher performance. The driver of
price distortion more or less referred to as price manipulation started to
move. Market price manipulation is a form of abuse, e.g. spreading false
information on the market, entering both a buy and a sell order for the
same security at the same price, or concealing ownership when disclosure
is required by law (Soderstrom, 2011). Market manipulation is seen as any
activity, scheme or artifice that deliberately influences the price of a financial
asset, resulting in a price other than the one that would have resulted in the
absence of such intervention. California Law Review (1940) in Soderstrom
(2011) Manipulation is here said to be ‘broadly defined as the effecting of
changes in security prices by means of artificial stimuli, as opposed to the
normal changes that occur in the free market subject only to the interplay
of supply and demand. Market manipulation or abuse is seen as fraud and
against moral standards which is repugnant to the societal wellness. Upon
this ethics stand.
The regulators cannot take a distance from the ‘sharp practices’ that
dominated the capital market 2007-2008. It is either through negligence
or incentivized by earnings they arose too late to the scene to stop poor
professionalism (Nigerian Stock Exchange, 2011). There were rumours of
‘kick-backs’ in the process of getting approvals at SEC and listings at NSE.
Kick-back is when someone paid gets back part of the payment. Margin
trading is clearly well set with principles but, can a security dealer borrow
from a bank and take risk in the same bank buying its securities. This was
the practice that ruled the day. Obviously, profitability can only ensue when
the price of the bank’s securities is continually moving up-a minefield for
price manipulation. There were loud noises of price manipulations in the
market without the regulators being able to successfully punish one offender
from 2008 to date. Nnorom (2012) reports the comments of Shareholders
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Association that price manipulation is about rear its ugly head in 2012 as
it was in 2008. He was reacting to appointment of Market Makers for some
stocks which has impacted bullishness to some ‘yoyo’ stocks. He claims for
instance, DN Meyer which had been flat at N0.5 for several months because
the factory was burnt and insurance claims are yet to be paid, and with no
potential of recovery have suddenly jumped to N3.40.
Added to the perceived ‘wealth creation machine’ mentality of the
capital market that pervaded the air that made investors rushed at yoyo
stocks. There was a flurry of private placements approved by SEC with
promises in the prospectus to list on the NSE. That promise in most cases
never materialized. For example, Industrial General Insurance (IGI) and
Tetrazine never succeeded to list. Those that were listed, their prices crashed
to the nominal level of N0.50 and no investor can trade on them because of
illiquidity. 80% of Insurance companies listed are in this category today.
The regulators had always beamed the searchlight on Stockbrokers
(dealing members of the NSE and professionally qualified investment
analysts) on suspicion of poor professionalism, unethical considerations
and non compliance with rules. Something akin to fix ethics and economy
becomes healthy (Debinski, 2012). The capture theory of regulation predicts
that regulations are more likely to produce market failure or exacerbate
an existing one without any remedy. Popularly referred to in literature as
Chicago capture theory, it says that the rules are captive to the interest and
influences of the industry it seeks to protect (Stigler, 1971). The NSE and
SEC are conceptually self regulatory and statutorily regulatory respectively.
Indeed the major functions SEC enunciated in Aikhamiokor (1996) are to:
ii)
register and supervise stock exchanges, association of securities
dealers, intermediaries, collective investment schemes, clearing
and settlement companies (if separate from the stock exchange);
iii)
register all public offers of securities (i.e., distribution of
securities);
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iv)
protect the market from unfair practices such as illegal, deceitful
and manipulative activities;
v)
promote market integrity, ethical and professional standards;
vi)
promote orderly growth and development of the market;
vii) serve as chief adviser to government on matters relating to the
securities market including appropriate legislative review of
laws affecting the capital market
viii) regulate corporate disclosure; and
ix)
enforce the securities law, rules and regulations.
The third and fourth items are abstract and intangible in nature and
lock into the heartbeat of the market. Ethical considerations is argued by
this article enhance trust, a chain-value to building integrity. To promote
market integrity, it is essential for regulators to tinker with ethical consideration policies more than rules and compliance. If rules and regulations
and indeed compliance or enforcement can protect the market then, in the
famous unanswered Roman question “Quis custodiet ipso custodes?”Who will watch the Watchmen? Since trust has three pathways, rational
choice policies are keys and should compliment rule-based approach and
compliance.
CORPORATE GOVERNANCE
Ethical considerations cannot be divulged from corporate governance.
The system by which a company is governed and controlled is known as
corporate governance. The Board of Directors appointed by the owners
rule over the company. The importance of the board necessitated that the
position of Chairman and CEO be separated so that conflict of interest
in strategic decision making is reduced. It is how the board behaves that
creates values and standards which inevitably points the way to how
business should be done. Companies and Allied Matters Act (CAMA),
1990 lay down what has been described as the fiduciary duty of company
directors. Directors are trustees of the company’s moneys, properties and
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their powers and as such must account for all the moneys over which
they exercise control and shall refund any moneys improperly paid away,
and shall exercise their powers honestly in the interest of the company
and all the shareholders, and not in their own or sectional interest.
A director may when acting within his authority and the powers of the
company be regarded as agent of the company. Section 279 (3) of CAMA
also says that a director shall act at all times in what he believes to be the
best interest of the company as a whole so as to preserve its assets, further
its business, and promote the purposes for which it is formed, and in such a
manner as a faithful, diligent, careful and ordinarily skilful director would
act in the circumstances.
There are statutorily two types of stakeholders; external and internal.
The main external stakeholders include shareholders, debt holders, trade
creditors, suppliers, customers, and communities affected by the corporation’s activities. The internal stakeholders consist of the board of directors,
executives, and other employees. Corporate governance is therefore the tool
that catalyze the desired objectives and “cause of doing business” between
the two groups.
Corporate governance requires that directors manage risk to achieve
objectives of the management which is maximization of shareholders’
wealth. The terrain of ethical considerations starts with ownership structure.
Indirect ownership is being unethically used to present as if shareholding
structure required for listing has been met. Some of the requirements for
listings on First- Tier on the NSE are:
•
Number of shareholders must not be less than 300;
•
Audited reports for the last five years are submitted; and
•
After listing quarterly, half-yearly and full year must be submitted
within the stipulated time.
In effect it means owner-manager separation is not unstructured,
another unethical minefield for insider dealings. It has no room for whistle
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blowing. A whistle blower is an employee or insider who informs the public
or a regulator of an illegal or unethical activity done by their company or
institution (DesJardins, 2003). Whistle blowing is from art of refereeing to
stop play or call attention to an improper conduct. Insider trading refers to
acting on privileged or non-public information to take undue advantage
to make huge profit by buying and selling securities as an insider. There
were suspected cases of pump and dump at the instance at the instance
of insiders during the gale of pubic offers in 2007. Falcon Securities was
accused of collecting billions of Naira to manipulate price for public offers.
A simple logic to bad corporate governance of some listed companies and
regulatory risk is that the price at which public offers were made could not
be sustained by their corporate performance. Hence, it is natural that there
will be price correction which was this time precipitous.
Financial audit is the linchpin of corporate governance and ethical
considerations. Since it is the duty of directors to prepare accounts, the
auditors seem to enjoy this ethical consideration cover. The social responsibility of auditors and reporting accountants to check bloated figures may
have been compromised in several instances in order to justify quotation or
listing price.
CONCLUSION
By the words of Socrates, an unexamined life is not worth living. Ethical
considerations in Capital Market operations require close attention because
it falls within the grey areas of rules and regulations. Ethics engender trust
which is the life wire of financial services. Trust and integrity are two sides
of the same coin. A person is trusted based on the expectation of acting
with integrity. Integrity is the delivery of commitment to values such as
‘My Word is my Bond’. Thus ethical consideration policies offers a better
choice for promoting capital market integrity In the case of Enron the trader
that initiated the unethical run started with excessive risk taking. Likewise
the period of 2006-2009 in the Nigerian Capital Market witnessed excessive
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risk taking which eventually dovetailed into various unethical prices. The
decision by monetary authorities to compel banks and insurance companies
to raise capital statutorily pushed the institution to seek capital at a cheap
cost. The only way out was to take excessive risk in the capital market which
have crafted the ‘pump and dump’ or ‘trash and cash’ unethical considerations. Regulators must watch out for grey areas in rules and regulations
because in-between lays ethical considerations. The crafting of monetary
policies must manage systemic risk. Otherwise, the rational choice to
comply may step on ethics. The way margin was traded between banks and
stock brokerage firms had no professional ethics. Corporate governance
was compromised in terms of ownership required for listing giving room
for insider dealings and lack of whistle blowing. Ethics is as important as
rules, regulations and compliance. It builds trust and is a veritable hedge
against loss of confidence in Capital Market operations. Ethical consideration policies must be built into rules to win back investors which involve
good corporate governance practices by listed companies. CEOs must
possess ethos and business organization must have credos to sustain ethics.
The Nigerian experience have shown that lack of ethical consideration leads
to Capital Market and results in long drawn loss of confidence by investors.
The economy will be worse for it.
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REFERENCES
Akamiokhor, G. A. (1996). Building Capital Market Regulatory Institutions in
Developing
Special Monetary Studies Issue (Capital Markets in Regional Development), pp. 249-278, Sir
Arthur Lewis Institute of Social and Economic Studies, University of the West
Indies
Avgouleas, E. (2005). The mechanics and regulation of market abuse, a legal and economic
analysis, New York, United States: Oxford University Press
Cowton, C. J., (1998), “Socially Responsible Investment,” in Ruth Chadwick, editorin-chief, Encyclopedia of Applied Ethics, San Diego: Academic Press, vol. 4,
181-90.
DesJardins, J.R. (2003). An Introduction to Business Ethics, McGraw-hill Higherb
Education,
New York
Debinski, Paul H. and Carol Cosgrove-Sacks (2012). Trust and Ethics in Finance
Innovative ideas from the Robin Cosgrove Prize
Donaldson, T., (2003), ‘Editors Comments: Taking Ethics Seriously- A Mission Now
More Possible’, Academy of Management Review 28, pp. 363
Frankel, T. (2011). The Emilio Fontela Lecture, meeting on Ethics, Finance and
Responsibility,
Observatoire de la Finance and the Award of the Ethics in Finance Robin Cosgrove
Prize 2011, Geneva.
Houthakker, H. S. and Williamson, P. J. (1996). The Economics of Financial Market,
Oxford Scholarship.
Igbokwe, V., (2009). A Post-Mortem of the Meltdown of the Nigerian Stock Exchange:
Are
Weak Regulatory Frameworks and Corrupt Officials to Blame? Blackfriars L.L.P ,Vol.
22: Issue 5.
Kramer, R. M., (1999) ‘Trust and Distrust in Organization: Emerging Perspectives,
Enduring Questions’, Annual Review of Psychology vol. 50, pp. 569-598
Longman Dictionary of Contemporary English (2007). The Living Dictionary, Pearson
Education Limited, England.
Nigerian Stock Exchange (2011). The Report : Nigeria 2011 Capital Markets: Tipping
Point, Oxford Business Group, London.
Nnorom, N. (2012). Shareholders raise concern over shares’ price manipulation – retrieved June 10,2014 from www.vanguardngr.com 2012/12/
shareholders-raise-concern-over-shares-price-manipulation
Persaud, A. and Plender, J., (2007). All you need to know about Ethics and Finance,
London: Longtail Publishing.
Richard, H. (2005) Ethical Investing: Ethical Investors and Managers, Business Ethics
Quarterly, Vol. 15, No. 4 pp. 641-657, Published by: Philosophy Documentation
Center.
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Rivoli, P., (2003). “Making a Difference or Making a Statement? Finance Research and
Socially Responsible Investment, “Business Ethics Quarterly 13(3): 271-87
Rodgers, W., (2010), Three Primary Trust Pathways Underlying Ethical
Considerations, Journal of Business Ethics, Vol. 91, No.1, pp. 83-93, Springer
Skipton, C. and Verreault (2007). “Business Ethics and Free Markets: A Social
Contracts Perspective, Paper presented at the Academy of Economics and Finance
Annual Meeting, Jacksonville, Florida, Friday, February 16, 2007.
Soderstrom. R .(2011). Regulating Market Manipulation; An Approach to designing
Regulatory, Principles; Uppsala Faculty of Law Working Paper.
Stigler, G. J., (1971). The theory of economic regulation, Bell Journal of Economics, vol.
2, issue1,pages3-21. Available at: http://faculty.msb.edu/murphydd/CRIC/
Readings/StiglerWilliams, M., (2001), ‘In whom We Trust: Group membership as an Affective Context
for Trust Development’, Academy of Management Review vol. 26, pp. 377-396
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> 279 <
15
Religious Organizations and Peaceful
Coexistence of the Nigerian State
Olagunju, Isioma Stella, PhD
INTRODUCTION:
T
he place of peace in the overall wellbeing, progress and development of any country cannot be over-emphasised. Therefore in the
Nigerian State the role of religious organizations along this line
cannot be downplayed. Asaju’s (2005) assertion on this aptly expressed this
notion, when he said:
I believe theology should intervene again in politics, in economics, in
healthcare, in education, in international relations, for the pursuit of
global and local peace and in the salvaging of our morals, in rescuing our
youths from cultic Satanism, in arresting the drift of our churches (and
also mosques), in recovering our genuine spirituality and in providing to
hopeless man of all nations, a new hope for the ultimate good.1
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This same opinion was expressed by no less an eminent person than
Al Sadiq El Mahdi, a Sudanese from a rich tradition of rebels whose generation fought the Turks and resisted British rule when he said unequivocally:
After a long struggle in the West, secularism and materialism emerged
victorious. In fact, the French Revolution actually abolished religion. The
Communist Revolution in Russia nominated itself the vanguard of the
future and assumed the passing away of both Capitalism and Religion.
Modern science, psychology, sociology, and political science have all predicated their scientific rigour upon the eclipse of religion. Far from such
assumptions being fulfilled, the highly trumpeted secularist ideologies have
worked themselves out and before the end of the twentieth century discredited themselves. The importance of religions, civilizations, and cultures
assumed prominence.2
In essence the influence of religion on the thought pattern, way of life of
a people, conduct and character cannot be wished away. Religion therefore
becomes the necessary life-wire of any society, which has the power to unify
or do the otherwise as we are presently witnessing in Nigeria as a country.
Questions that readily come to mind as a result of this apparent contradiction on the role of religion are:
-
Why should people in the guise of religion commit atrocities?
-
Instead of Religion to be used as instrument of peace, why is it
always used to foment troubles and cause wars?
-
If truly all religions preach love, why is it difficult to practise
what they preach?
In the case of Nigeria, recent occurrences of bombings and kidnappings by a terrorist sect called Boko Haram in the name of religion has again
brought the problem associated with the usage of religion to commit atrocities to the fore. Before now, Nigeria had witnessed series upon series of
religious riots especially in the Northern parts of the country. In this connection we are not unfamiliar with Maitatsine,3 and the several Kano riots
in the eighties and nineties during the military era and up to the present
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democratic dispensation in Nigeria.4 What measures can we as a nation put
in place to make sure that such events are checkmated and stopped because
of the grave consequences of such actions and its effects and threats on our
common nationality and national security?
RELIGION: MEANING AND IMPORTANCE IN THE LIFE OF EVERY
NATION
Religion thrives on the subjective. Therefore an objective all encompassing
definition of Religion has posed a major challenge to scholars. Aderibigbe
underscoring this fact said,
Defining religion has never been a straight forward and uncomplicated
task. In fact and strangely enough, it might be said that attempts to define
religion have thrived on more controversies than those of the so-called
worldly subjects.5
In view of the foregoing, there exist different definitions of religion,
as religion means different things to different people, from different works
of life. Immanuel Kant, defined religion from the moral angle, while the
psychologist in J. B Pratt is brought to the fore with his definition of religion
from the psychological perspective. According to him, religion is “service
to and social attitude of individuals in community towards a power which
they regard as having control over interest and destiny”6 A Philosophical
minded person would therefore define religion from a philosophical
perspective while a sociologist would define same from the sociological
perspective. Suffice is to say that the definitions of religion are uncountable.
The general consensus among scholars is that no definition is absolutely
right or out rightly wrong.
Despite this notion, for any definition of religion to be worthy of
consideration, it must meet those standards set by Paul Tillich. According
to him, any worthwhile definition must make God the centre of consideration, it must take into cognizance the whole personality of man, and it must
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satisfy the transcendent nature of religion. A good definition must finally
satisfy the universality of religion.7 The standard for defining religion can
by extension show that most religions of the world possess this features
and therefore no religion should be considered out rightly bad, or good at
the expense of the other especially in multi-religious country like ours in
Nigeria (as discussed below). The onus lies with members of the different
religions to have better understanding of what religion actually stands for.
Having said the above, it is pertinent to point out that religion cannot
be wished away in the life of a nation, it is important and a necessary tool
for their existence. This fact was underscored by Noibi thus:
Religion is a necessity for humanity. It would be futile to try to stamp
out religion. Religion is not just good for its utilitarian values, I see it
as something of a necessity. Human beings came to inhabit the earth as
strangers. We did not create the earth, nor did we create the various things
to which we relate, nor did we create ourselves. Religion is necessary and
any attempt to relegate it to the background is to miss the way.8
RELIGIOUS ORGANIZATIONS IN NIGERIA
Religious organizations in Africa generally and in particular Nigeria have
a tripod stand embracing the two imported faiths of Christianity, Islam and
the indigenous belief of the people, that is African traditional Religion. Al
Sadiq El Mahdi once wrote:
Religion is a thriving political force in under-developed societies, and
even in developed ones. The nation-state is a relatively new comer in the
African political scene, the phenomenon of national integration could be
helped or hindered by the way religious clout is articulated. Our societies
in Africa today, are party to what Professor Ali Mazrui called A Triple
Heritage: Traditional African cultures, Islam and Western Civilization
including Christianity.9
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The Constitution, which can be regarded as the grundnorm, also recognizes the above three types of religious organizations i.e. Christianity, Islam
and Traditional Religion. In fact, to get into a public office in Nigeria you
are either sworn in by the Holy Bible, the Holy Quran, or by affirmation.
The latter is in recognition of African Traditional Religion or other existing
beliefs.
THE PLACE OF RELIGION IN THE LIFE OF THE NIGERIAN PEOPLE
Without doubt Nigerians are a very religious people. In fact concerning this,
Asaju re-echoing Bolaji Idowu again noted that “Nigerians are in all things
religious.”10 This is not unconnected with the history and development of
the people within the African Continent. It is therefore no gainsaying that,
Nigeria as a Nation existed as a conglomerate of people with independent
tribes and ethnic leanings centuries before the coming of the missionaries
and the advent of colonialism. In the territory now called Nigeria, there
existed the Yorubas, the Hausas, the Igbos, the Ijaws, the Ibibios, the Efiks,
the Urhobos, the Ishans, the Eguns, the Aworis, Idomas, Tivs, the Fulanis,
the Gwaris, etc. All these peoples speak several languages. Where there is
similarity in language, the dialect is different. In Nigeria, there are at least
over 400 ethnic nationalities. No wonder a popular musician in the 1980s
sang thus: ‘half a kilometer means another language.’11 Since our interest
is not in language, suffice to say that each of these ethnic groups also had
their traditional belief systems and practices, and mode of worshipping
the Supreme Deity. For example among the Yorubas, the propitiation of
deities such as Ogun, Sango, Oya etc does not remove the potent belief in
Olodumare or Olorun as the overall powerful God, the Omnipotent, the
Omniscience and the Omnipresent. This same practice and belief goes for
almost all the other remaining tribes in Nigeria. It is therefore no surprise
when the white man came in the 16th and 17th centuries first as missionaries
and later as colonialists in the 19th century with Christianity and Islam to
supplant the people’s beliefs that they were able to adapt. Although there
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were initial rejection and indifference, with time it was easy for them to
replace their intermediary deities with Jesus (in the case of Christianity)
and Mohammed PBOH (in the case of Islam), while the Supreme God
remains unchangeably the same. While Christianity became prevalent in
the Southern part of the country, Islam was the dominant religion in the
North. Gradually the people jettisoned their original religions and mode
of worship which the missionaries erroneously referred to as “paganism.”
One can assertively state therefore that religion as a potent factor in the lives
of the Nigerian people has a firm hold on them.
IMPACT OF RELIGION ON THE NIGERIAN PEOPLE
That religion has impacted on the lives of the Nigerian people can be gauged
by the number of believers that we have in the two religions which have the
largest followership in the country. According to statistics, the number of
Christians in Nigeria is about 48.2 per cent while that of Moslems is 50.4
per cent.12 The prevalence of different Islamic sects and different denominations in Christianity shows that these religions hold a pride of place within
the Nigerian society, although it has been noted that some of the religious
leaders choose to emphasize areas of differences rather than their similarities. This has more often resulted in subtle hatred which sometimes lead
to full blown religious ‘wars’. While it is found that both major religions
preach love, practitioners hardly practice same. In some churches, it is not
uncommon to find pastors who tell the congregation ‘not to be unequally
yoked with unbelievers.’ Unbelievers here referring to people of the same
faith but different denomination and by extension people from other
religions. Meanwhile what the message of Christ resoundingly preached
in the Bible was that he came for the sinners not the righteous. Asaju,
expressing his views on this anomalous development said:
The paradigm shifts from Mission – Christianity to Pentecostalism may
have its advantages, such as the reawakening of Christian self empowerment personally and economically, but it must not be carried far to
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produce fake Christians devoid of the cross, a life of power demonstration, to the utter detriment of character building.13
In the same vein it not also uncommon to hear preaching of some
Islamic clerics full of hate and incitements. In fact recently, the Kaduna
State Government announced that in view of the coming Ramadan (2014)
celebration any Imam (preacher) who preaches hate or incitement will be
jailed.14 What all this portends and portrays in our religious life as a nation
is that there is so much religiosity without God. For how can the Holy books
(both the Holy Bible and the Glorious Al-Quran) profess love and yet the
people who interpret them mislead the people. And even if they do, how
can the people be so gullible as to believe them hook, line and sinker? This
takes us to the next discussion
FOSTERING PEACEFUL RELIGIOUS COEXISTENCE IN NIGERIA: WHERE
OR WHITHER?
There is an upsurge in religious fundamentalism worldwide in recent
times. This has been confirmed by a study of the American Academy for
Arts and Science carried out not too long ago.15 In this, Nigeria is not left
out. The recent Boko Haram insurgency is a fall-out of this upsurge. Before
now we had the Al-Qaeda, Al-Shabab, Hezbollah, Harkat-ul-jiahad al-islami
and a host of other religious terrorist groups tormenting the world in the
name of religion. This work is concerned with what can be done to stem the
tide of fundamentalism and atrocities perpetrated in the name of religion in
Nigeria in order to achieve a peaceful coexistence in the country.
The place of religion in fostering peace in the interest of our common
statehood has always been an issue of great concern, to every citizen of
Nigeria. Over the years Nigeria has had an unfair share of religious violence
resulting in the loss of many lives and properties worth millions. For
example, the Maitatsine disturbances in Kano (1977, 1979, 1980, 1982), in
Zaria (1981), in Yola and Gombe of (1984); the most recent being the incessant
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Boko Haram attack on unwary innocent citizens every now and then.
Reacting after the religious violence that erupted in Kaduna in March 1987,
the former Sultan of Sokoto, Alhaji Abubakar III pointed out that Nigeria is
a multi-religious nation therefore there was need for caution and harmony
among all faiths.16 Over the years Nigeria has witnessed instability that has
in one way or the other had religious underpinnings. Some of the reasons
for these are not farfetched. They include, religious intolerance, fanaticism,
religious bigotry, lack of understanding, particularism; i.e. overemphasis
on peculiar features in a particular religion over another, indoctrination,
lack of proper education, enlightenment and right exposure. In retrospect,
if religion is to be used as a veritable agent for peace, there are some characteristic features of religion which are strong areas of cohesion. Some of this
are a systematized belief that preaches good morals, love, general code of
conduct, discipline and high ethical standards. There is hardly any religion
that preaches hate or the killing of one’s brother or sister in the name of
religion. Sadly this has been the case. What this therefore suggests is that
religion can be used for negative purposes by those in positions of authority
for their own selfish gains. It is on this note of the politicization of religion
that Matthew Hassan Kukah said:
. . . unfortunately religion in the hands of politicians sought the political
kingdom, which is why religion has become a vehicle of disintegration.17
CONCLUSION AND RECOMMENDATIONS
As a nation poised for great heights, it is important that areas of cohesion
and unity in a multi religious society like ours be emphasized and stressed
every now and then. The onus therefore lies with the National orientation
agencies to evolve vibrant sensitizations and vigorous campaigns that are
tailored towards this end.
Political leaders should place the overall interest of our common
heritage as Nigerians over and above their own interest. They should either
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directly or indirectly desist from acts capable of leading to religious crisis.
Reiterating this point, Shittu Noibi has this to say.
[r]eligion has been misunderstood and I think that the real problem we
have had is that, the only solution is to really understand what religion
stands for. For, religion is being used by various people to meet their own
selfish ends.18
Education is of very great importance. The cure for ignorance is
education and the panacea for darkness is unobstructed light. In this regard,
our citadels/institutions of learning at all levels should evolve and include
in their curricula, exchange programmes that encourage learning about
other peoples’ beliefs and religions which is different from their own. This
would go a very long way in fostering unity, greater understanding and by
so doing, entrench lasting peace and also stem largely the tide of violence
arising from religion. In such curricular, emphasis should be placed on the
virtue of tolerance and love which the two religions with the largest followership preach. There is also the need to remind adherents to see themselves as
Nigerian brothers not a southerner or a northerner, a kaffir or an unbeliever.
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REFERENCES
1.
D. F. Asaju, Re-enthroning Theology as Queen of Sciences: Global
Missiological Challenges of African Biblical Hermeneutics, 18th Inaugural
Lecture, Lagos State University, (2005), 29. Words in bracket mine for
emphasis.
2
Al Sadiq El Mahdi, Religion and National Integration, NIIA Lecture
Series No. 79, 9
3
See “Mai Tatsine, Boko Haram and Can: The Bitter Truth, Testimony
by Prof. Dauda Ojobi OON”, available online at newsrescue.
com/mai-tatsine-boko-haram-can-bitter-truth-prof-daudaojobi/#axzz35Viwinku (accessed 26 June 2014).
4
See Umar Yusuf, Ethno-religious crisis: The North and the rest of
Nigeria, available at www.vanguardngr.com/2009/08/ethno-religiouscrisis-the-north-and-the-rest-of-nigeria/ (accessed 26 June 2014).
5
Gbola Aderigbe, “Definition of Religion” in Aderibigbe, Gbola &
Aiyegboyin Deji (eds.), Religion study & Practice, (Ibadan: Olu-Akin
Publishers, 2001), 1
6
J. B. Pratt, The religious Consciousness (New York: Macmillan Press,
1958).
7
Gbola Aderibigbe & P. Johnson-Bashua, Readings in Concepts and
Practices of Religion (Ibadan: Olu-Akin Publishers, 1999), 4.
8
Shittu D. Noibi, Religion and National Integration, NIIA Lecture Series
No. 79, 24.
9
Series No. 79, 7.
10
D. F. Asaju, Inaugural, 22.
11
Evi Edna Ogholi-Oghosi, a Nigerian Popular Musician in the Eighties.
12
See NIGERIAINFORMATION, Religion available at https://www.nigeriabusinessfile.com/information/people/religion (accessed 27 June 2014).
13
D. F. Asaju, Inaugural, 14 (words in bold for emphasis).
14
7. 00 AM News, Radio Lagos, Thursday, June 26, 2014.
15
Series No. 79, 8.
16
C. E. Osume, “A Practical Way Forward to Religious Peace in Nigeria,”
in I. A. B. Balogun, P. Ade-Dopamu, R. A. Akanmidu, & I. 0. Oloyede
(eds.), The Place of Religion in the Development of Nigeria (Ilorin: Dept.
of Religions, 1988), 300.
17
Matthew Hassan Kukah, “Role of Religion and Nations’ Destiny,”
Religion and National Integration, NIIA Lecture Series No. 79, 20.
18
Shittu D. Noibi, Religion and National Integration, NIIA Lecture Series
No. 79, 24.
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16
Social Media and Ethical Preservation of
Nigerian Youths
Alade Abimbade, PhD
INTRODUCTION
T
he new trend in information and Communication Technology (ICT)
has made it possible for a lot of people to engage in so many activities
such as: sending files like videos, texts, audios, watch online activities, transact businesses, and receive useful learning materials and virtually
all that could enhance intellectual and human capacity in various fields of
human endeavour. The 21st century has seen development in new media
technologies for social networking such as Facebook, MySpace, Twitter and
YouTube began to transform the social, political and informational practices
of individuals and institutions across the globe. It is an online media effort
that takes communication beyond the limitations of the traditional media,
which most often delivers content but doesn’t permit readers, or as the case
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may be, viewers or listeners, to participate in the formation or development
of the content.
Before the deregulation of the Nigerian telecommunication sector
in 1999, fewer Nigerians had access to computers while the lack of sufficient technological infrastructure such as the Internet and mobile phones
constrained communication within the society. However, with the deregulation of the telecommunication sector, social network spread like wide fire
in Nigeria. Today, all classes of Nigerians now have unlimited access to the
social media. The youth, however, remains the most prominent users of the
social media. This, of course, is not surprising as the digital age is widely
believed to belong to the youth (Ogbe, 2014).
No doubt, the phenomenon of the social media has, in no small
measure, impacted positively on the development of the Nigeria youths
and, indeed, Nigerians at large. For one, it has made the youths to become
better informed and educated by being constantly abreast of global news
and information. Similarly, it has also enhanced career and professional
efficiency of the youths. Additionally, the social media has also offered the
youth with a medium through which they could scrutinize the activities of
those that are in government.
From the foregoing, it is quite evident that the social media has greatly
influenced the positive development of the Nigerian youth. Nevertheless,
like it is in every sphere of life, the social media equally has negative influence
on the youth, especially the unsuspecting ones. The obvious lack of security
of the social media makes it dangerous to innocent youths. People have to
sign up with these sites putting in their personal and sometimes professional
information. As long as these details are safe, there is no threat in social
networking with friends as well as strangers, you want to be friend with.
But once your personal details like address, contact number, etc. get hacked
by the unwanted strangers, you will be a soft target of these miscreants.
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As previously illustrated, the social media offers unlimited possibilities for the Nigerian youth. However, in view of its obvious shortcomings,
some of which have been discussed above, it is important for governments, NGOs, youth-based organizations and other relevant stakeholders
to regularly enlighten the youth on the good, the bad and the ugly aspects
of the social media. This is essential if the youth are to properly harness the
positive aspects of the social media for personal and societal development.
Perhaps, more importantly, the youth should take responsibility on how to
use the social media in a positive light. They should shun every negative
tendency that the platform could provide in order not to become tools for
societal disintegration.
THE YOUTH: INFLUENCE OF TECHNOLOGY
Technology as a whole has good and bad effects on the Nigerian Youth
of today. Technology has helped make the erstwhile impossible become
possible. Otherwise difficult tasks have become faster and easier to accomplish. It’s both a boon and a bane. Things such as posting of letters, getting
information (research), getting in touch with people within and outside the
country have become as easy as pressing a button or click of the “mouse”.
The internet has also made it easier to see what’s happening in other parts
of the world. We know what is happening everywhere- anything from
current affairs, natural disasters, politics, latest treatments or innovation in
medicine, invention of electronic gadgets, astronomical discovery etc.
Internet has helped people to connect via emails for one-to-one interaction, blogs for expressing and discussing, groups for specialized discussion.
These days, business is totally dependent on internet. For any company,
there are offices globally and employees connect with each other, have
video conferences, and have meetings on internet. Sales and marketing is
highly efficient because the world meaningfully becomes a global village.
Online shopping is the in-thing now. It saves time and energy.
Again, people from one part of the world can order anything from a distant
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place. There are many more miscellaneous benefits, including tracking courier,
online reservations, online examinations, and online lecture classes. While
our culture heralds the Internet as a technological wonder, there are suggestions that Internet use has some negative influence on individuals and their
social skills.
Internet Addiction
Excessive Internet use is emerging as one of the more negative aspects
of young people’s online activities. Excessive internet use can be said to
be synonymous with terms such as “compulsive internet use,” “problematic Internet use,” “pathological Internet use,” “Internet dependence,”
“computer addiction” and “net addiction.” Internet addiction, as used
here involves the continued use of the Internet to escape from negative
feelings, continued use of the Internet despite the desire to stop, experience
of unpleasant emotions when Internet use is impossible, thinking about the
Internet constantly, and the experience of any other conflicts or self-conflicts
due to Internet use. There is evidence that Internet addiction has a negative
effect on academics (a drop in grades), family relations (having to hide their
excessive Internet use from parents), physical health (sleep deprivation due
to long hours of Internet use), mental health (depression), and finance (cost
of accrued Internet expenses). Social networks and interactive communication applications such as chat rooms, instant messaging, e-mail, and online
games have most commonly been associated with Internet addiction among
Nigerian Youth.
Online Risks
Online risks facing young people include exposure to sexually explicit
material as well as online harassment on the Internet. The Internet is so
easily accessible these days in a blink of an eye, a “mis-click” somewhere
can lead anyone to website that “stream” pornographic videos on the
internet thus exposing children to things way beyond their age. Exposure
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to sexually explicit Internet material is an important concern as there is
evidence that such exposure is related to greater sexual uncertainty and
more positive attitudes towards uncommitted sexual exploration among
the Nigerian Youth. Websites which showcase pornography make up
more than 70% of the internet. Pre marital Sex, rapes, sexual abuse has
consequently become increased. Kids at a very young age get exposed to
experiences that are socially and emotionally unrewarding to their developmental needs. For instance, one can have multiple email addresses. People
make fake addresses and misuse this independence. Kids keep on chatting
with anonymous people the whole night. Their eyes are badly affected.
Carpel Tunnel Syndrome is becoming too common.
Online Harassment
Online harassment is when ‘threats or other offensive behaviours (not
sexual soliciting) are sent online to the youth or posted online about the youth
for others to see’. Sexual Soliciting is when ‘requests to engage in sexual
activities or sexual talk or to give personal sexual information that were
unwanted or, whether wanted or not, made by an adult to younger ones.
It must be pointed out that it is not the availability of identified information (personal info posted on social networks etc) that increases the risk
for sex crimes, but rather the willingness of certain youth to respond to or
partake in relationships with online strangers. It was found that youth who
engaged in potentially risky online behaviours and who freely interacted
with strangers online experienced significantly higher numbers of aggressive soliciting. There is also evidence that online soliciting is heightened for
youth who have experienced high parental conflict, physical abuse, and/or
sexual abuse.
THE YOUTH: PREVALENCE OF SOCIAL MEDIA
The present era is an information age with open access to all; anybody can
access information anytime anywhere irrespective of age, purpose, colour
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or location. Because anybody can access information anytime places the
youth at an advantage to explore for youths generally are curious to know.
The adoption of social media technology now stretches across the globe,
integrating into the lives of individuals of diverse social, national, racial
and ethnic, cultural, and socioeconomic backgrounds. However, the pace
of using social media sites appears to be different in different countries and
among various user communities. Technologies have made the world even
more interdependent; cultural awareness and collaboration among people
of different ethnicities or geographic regions are becoming necessary skills.
People have unhindered access to information from another country with
their activities going on. The Internet is becoming an increasingly popular
forum for communication and self-expression in today’s society. Its users
span all generations, seemingly beginning at the age at which one masters
the hand-eye coordination required to use a computer mouse. Internet
use varies from “surfing the web”, buying and selling merchandise, and
playing games, chatting on the social media to downloading music and
watching television shows and movies. The Internet is also a source for social
networking. This latest trend is becoming a cause for concern, however, as
many Internet users do not apply the societal expectations of behaviour
to their online postings of photos and videos, written communication, or
self-representation. Online social networking is becoming increasingly
popular. Researchers note that the use of the Internet for communication
purposes supersedes music and film downloading (Shklovski, Kiesler, and
Kraut, 2003).The use of social networking websites and online chat rooms is
staggering. Using the online social media to communicate to individuals has
become viral in nature especially the widely use of online social media call
Facebook which was originally designed to connect students from Harvard
(Stone, 2007). Its users make use of this social media for varieties of things
ranging from social interaction to teaching and learning
The younger generation seems to be inclined towards information
through technology and they have their unique mind set, Social media
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is gaining its momentum at an unimaginable speed. It indicates that we,
as social beings, need constant connection with each other and with the
outside world. The world is more open than ever before with tremendous
opportunities for exchanging of ideas, experiences, and intelligence due to
the rapid advancement of technologies. Social media found its way quickly
into the commercial world, at the same time youths are seeking possibilities
of leveraging social media tools in every arena. Social media tools provide
people with new opportunities to become independent in whatever they do.
They encourage a wider range of expressive capacity. Social media seems to
have a greater impact on the generality of people in the society of Nigerian;
particularly, among the youth for creating different means of socializing.
Social media is used by youth in different ways: collaborating, sharing
and communicating among distributed themselves depending upon the
quality and availability of technical infrastructure for having an access to
use it. When used in day to day activities, it provides new and exciting
opportunities. They facilitate convenience, flexibility, freedom of time and
reduce demand on resources..Social media is Internet based technology
which promotes opportunities for social interaction among its users. It is
enhanced through new communication tools and sites that are called; social
networking sites. Bradley (2010) says:
Social media is a set of technologies and channels targeted at forming and
enabling a potentially massive community of participants to productively
collaborate. Social media has the six core characteristics of participative, collective, transparent, independent, persistent, and emergent that
delivers the unique value of social-media and, in combination, set social
media apart from other forms of communication and collaboration.
Bryer and Zavatarro (2011), posit that:
Social media are technologies that facilitate social interaction, make
possible collaboration, and enable deliberation across stakeholders.
These technologies include blogs, wikis, media (audio, photo, video, text)
sharing tools, networking platforms (Facebook), and virtual worlds.
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Commonly, the phrase “social networking sites” is used as an umbrella
term for all social media and computer-mediated communication, including
but not limited to Facebook, Twitter, Naĳalonge, Skype, LinkedIn, and
Myspace, as well as the inaugural social networking sites of Cyber world,
Bebo, and Friendster. Ellison and Boyd (2007) define social network sites
as web-based services that allow individuals to construct profiles, display
user connections, and search and traverse within that list of connections.
The entire range of social media applications noted above share the innate
ability to enable social behaviour, through dialogue—multiple-way discussions providing the opportunity to discover and share new information
(Solis, 2008).
The widely popular Facebook.com began in 2004 as a way to connect
students at Harvard University (Stone, 2007). The website now boasts
“more than 200 million active users” who collectively upload over “850
million photos and 8 million videos to the site each month” (Facebook.
com). The leading US competitor for Facebook.com is MySpace.com, which
reached just 125 million users worldwide in December 2008 (Arrington,
2009). Additionally, the Kaiser Family Foundation reported that “71%
of 15-to-17-year-old Internet users participate in chat rooms” in 2001
(Greenfield, et. al, 2008). Before examining a lack of ethics, it is important
to first develop a full understanding of social interactions and networking
and then apply these to the realms of the Internet. According to one French
analysis, social networking can be described as “a social system constructed
by a collection of actors, relations among these actors (e.g., friendship,
knowledge exchange), and possible attributes (e.g., age, sex) for each actor”
(Assimakopoulos and Yan, 2006). Social networking in a physical sense
may include attendance at church or school functions, book club meetings,
carpooling, and playing or supporting games in a local sports league.
Recently, social networking has transitioned from being centred largely in
the physical community to the virtual world: instead of mailing letters and
pictures or expending time and money to meet 66 others face-to-face, online
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communication has become a much more efficient media. Indeed, social
interaction includes both the exchange of information among individuals
and groups online and the influences of online interaction on offline communication. Online social networking allows for much quicker communication:
individuals have the opportunity to send emails to local and long-distance
friends, share pictures and videos online, send real-time instant messages,
and create one’s own personal website or profile page. This type of communication often includes the use of popular websites such as Facebook and
MySpace, as well as instant messaging programs and public forums. Online
social networking is both a contemporary and widespread phenomenon.
Indeed,
research on the social consequences of the Internet is still in its relative
infancy and what we know – and what we think we know – about the
effects of online interaction is undergoing a constant state of revision and
qualification (McKenna and Seidman, 2006).
Accordingly. the ethics of behaviour pertaining to online social
networking are largely undeveloped. One of the most popular – and,
consequently, misused – aspects of online social networking is the sharing
of photographs and videos. Before the phenomenon of personalized web
pages, blog sites, and profiles, people shared a relatively low number of
pictures in person or by sending them in an e-mail. Now, however, Internet
users commonly document all aspects of social life. Due to the contemporary
nature of online social networking, people often lack an ethical consideration of what behaviours should be displayed on the Internet. Many high
school and college age students are not opposed to being “tagged” in
pictures that portray behaviours they seek to hide from parents, church
leaders, teachers, or coaches. The Internet is full of photos and footage
exposing underage drinking, provocative clothing and behaviours, and
questionable or illegal activity. Additionally, many Internet users do not
censor their written conversations when communicating through online
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media such as e-mail, chat rooms, or so- The Lack of Ethical Standards of
Online Social Networking social networking websites. The informal nature
of e-mail leads many people to discuss things “they would never put in
a letter” Without a doubt, the same observation can be applied to online
social networking as well
Those who socialize online should be aware that although one party
may be entirely honest online, he or she cannot expect that a new online
friend is using the same degree of sincerity. Finally, there is no definition
of how far is “too far” in regards to exploring a new identity or pretending
to be someone else on the Internet. The actions of a few people, however,
indicate the wide range of problems that may arise from a disregard for
the implications of unethical online portrayal. One small-town Missouri
mother strained the social boundaries of online pretence in a story that
ended tragically and gained national attention. While some exploration in
an online identity is generally acceptable, it becomes a problem when it
knowingly and intentionally leads another to believe misconstrued or false
information. Another issue is encountered in cases of sexual predation,
which has become much more prevalent with the recent introduction of
social networking through the Internet social networking. Currently, there
is very little recognition of the fact that use of the Internet for communication presents many of the same risks one might find if their actions were
present outside of the virtual world. The current misuse of the Internet for
photo and video postings of socially unacceptable behaviours, uncensored
speech, and misleading self-representation exemplify the concern for a
revision of behaviour in regards to online social networking.
Ethical Preservation of Nigerian Youths
What are values and ethics anyway? They are not fancy words to be
thought of carelessly, or worse, not thought of at all! Family time, money, fame,
religion, education, health, community service, independence, honesty are
all values. There are other values, of course, depending on the individual. If
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becoming famous is not important to you then fame is not a personal value
for you. Obviously, then, values differ with the person. We don’t always
agree with others about the importance, or value, of some things in life.
Family life is extremely important to some people; there are others who
would rather be on their own and allow for very little family time. Ethics
are also known as a “code of conduct.” Our personal values contribute to
the strength of our ethics with positive behaviours and positive attitudes.
Our values, and consequently our ethics, are in a continuous development
or building cycle. We are confronted with choices every day. Most often we
all make good choices. Sometimes we may falter. Sometimes we make a
wrong decision or a wrong choice. Learning to make choices begins at birth
and is a growing process. We begin practicing making choices—very simple
at first. As we grow and get older, our choices become more important and
become our patterns of behaviour. Our choices begin to shape our attitudes,
our self-image, our lifestyle, and how we are perceived by others. Personal
values and ethics can, at times, be in conflict. For example: If a person’s
strongest personal value is to be rich, this value’s influence on his behaviour
and decision making could be in conflict with society’s rules of behaviour.
An individual wanting to be rich, may believe its okay to cheat people or lie
to get what he wants, an ethical person is honest, diligent, respectful, trustworthy, and responsible. An honest person does not lie, cheat or steal, or try
to achieve personal gain at the expense of others. It is never acceptable to
break society’s code of conduct, or ethical standards, to achieve a personal
value!
Any individual, who breaks society’s code of conduct, even if he
doesn’t get caught, loses integrity and self-respect. Cheating on school or
work assigned tasks may lesson personal stress for the present but will
eventually return to haunt you. Just as positive behaviours and attitudes
become a way of life so do negative behaviours and attitudes. Do not fall
into the trap of excusing away a breakdown of your ethical standards.
An ethical person is a good citizen at home, at school or work, and in the
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community. The community is an individual’s neighbourhood, town/city,
school or workplace, state, nation, and the world. An ethical person is caring.
He cares about people, the environment, our planet and his behaviour
supports society and our world. Personal ethics, school ethics, social ethics,
computer ethics, workplace ethics are basically the same. Ethics are about
the individual. Specialized groups or organizations generally follow the
ethics of their leaders. Groups and organizations are made up of individuals. Each person in an organization must be ethical. If a student at school
or an employee in the workplace believes someone around him is participating in unethical practices or promoting deceptive information, it is his
responsibility to speak up. It takes courage to defend the rules of society.
Courage means doing the right thing, even when it is scary. Students at
school and employees in the workplace who are ethical have good reputations. They are respected, well-liked, admired, and trustworthy. They
contribute to society by doing what is right. Right is right, and wrong is
wrong. There are no gray areas. Doing what is right will always make you
a stronger person and, most often, make your school or workplace a better
place. An individual can make a difference. An ethical person chooses to be
a positive, an ethical person chooses to think positively, speak positively,
and behave positively. Another old saying: people may not believe what
you say but they will always believe what you do!
Ethical Preservation
The preservation, management, and sharing of personal and societal
values is crucial for social and economic development in Nigeria. The high
rate of illiteracy (print-based) in Nigeria and rural Africa and the exclusion
values from Western education add to the information gap experienced in
rural Africa. Other challenges facing oral cultures are the disappearance of
traditional values and skills due to memory loss or death of elders and the
deliberate or inadvertent destruction of values. The rapidly increasing use
of social media and mobile technologies creates opportunities to form local
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and international partnerships that can facilitate the process of creating,
managing, preserving, and sharing of knowledge, values, ethics, norms,
cultural heritage and skills that are unique to communities in Nigeria.
Therefore, this treatise provides how social media could be used to provide
ways of preserving our ethical standards.
Social media technologies allow individuals and communities
to create and share user-generated content (Kietzmann, Hermkens,
McCarthy, & Silvestre, 2011). Internet penetration rates are estimated at
15.6% throughout the African continent and continue to grow (Internet
World Stats, 2012). In East Africa, the penetration rates are 28% in Kenya,
followed by Uganda (13%), Tanzania (12%), Rwanda (7%), and Burundi
(1.7%). Interestingly, almost one-third of the Internet users in Africa are also
Facebook users (Internet World Stats, 2012). Social media such as YouTube,
Facebook, Google Docs, and Twitter can be used to create, access, and share
information or skills within social and geographic communities in Nigeria
and among wider audiences. Most social media do not require specialized
skills or training; however, some social media technologies require reading
and writing abilities, so they are accessible only to literate individuals and
are, therefore, limited to urban and educated rural populations. YouTube
allows users to upload, share, and view videos. YouTube is multimediabased and therefore can be employed by illiterate as well as literate users.
Recorded videos of indigenous knowledge (music, dance, agricultural
practice, cultural practices) can be uploaded on YouTube and viewed by
local communities in a library setting.
Facebook allows individuals to post videos, share interests, make
connections, and join groups with similar interests. The number of African
Facebook users now stands at over 17 million, up from 10 million in 2009.
Social media and mobile technologies have changed the way people earn
their livelihoods and live their lives. Google Docs allows users to create
documents, spreadsheets, forms, and presentations within the application
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itself or to import them through a Web interface. It is also a collaborative tool for editing among users and nonusers in real time, and it can be
shared, opened, and edited by multiple users simultaneously. Google Docs
lowers barriers to collaboration and is a boon for people in Nigeria that may
not have access to popular, but expensive, word processing packages like
Microsoft Office. The Google Docs platform is popular with students and
urban populations.
Twitter is a real-time information network where individuals can
send 140-character text messages (tweets) to their followers. In addition
to connecting with families and friends, Twitter can be used by businesses
and farming communities to broadcast their merchandise or commodities
for sale, check prices, and interact with customers and suppliers. Access
to an Internet-capable cell phone enables people to employ social media
tools to connect with others who share their interests, experiences, and
circumstances. Cell phones are ubiquitous in developing countries because
they afford users portability, personal control, and flexibility (Castells,
Fernández-Ardèvol, Qiu, & Sey, 2007). Obviously it is amazing that with a
click one passes information to thousands of people in a second. This is the
power of social media. According to Andres Kaplan, social media is a group
of internet based applications that build on the ideological and technological foundations of wed and that allow the creation and exchange of user
generated content (Andreas Kaplan, 2010). Put differently, social media
is a means of interaction among people. This includes; Facebook, Twitter,
YouTube, 2go, Foursquare, WhatsApp, Nimbuzz and so on. The power
of social media has contributed positively to the development of Nigeria
youths and the Nigerian populace. It has kept Nigerian youths more
informed and up to date; it has opened up medium for job vacancy advert
among youth, which has improved their unemployment situation, thereby
pulling many out of the quick sand of poverty. It has also contributed to
improved efficiency, as many tasks; intellectual and otherwise can now be
completed within a shorter time-frame and with less error. In addition, the
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social media is gradually enabling Nigerian youth to more effectively put
pressure on how Nigeria is governed as evidenced by the role it played
in the long absence of former President, late Musa Yar’Adua from office
during his sick days. It has also provided social critics with a platform to
monitor, critic and expose illegitimate activities of government officials.
Moreover, social media has helped in exposing some of the ills of the
society. Through the power of social media the October 6, 2013, lynching
and setting on fire of four students of the University of Port Harcourt in
Aluu, a suburb of Port Harcourt (Aluu 4) was brought to fore front.
With the advent of the social media in our country, the loss of the
sense of dignity is on the increase. Young people in the name of being the
first to know forget the sacredness of human life that we were known with.
This is evident in the attitude of our young men and women towards life.
One discovers nowadays that, in the face of a disaster in which people are
maimed, injured or killed, youths rather than coming to their rescue only care
about taking pictures or making recordings of the disaster and the victims
with their phones and then upload the images to YouTube, Facebook or
other online formats. This is very evident in the aftermath of the June 2012
Dana Airline crash in Iju-Ishaga, Lagos, when thousands of young people
residing in the area rushed to the scene, but instead of rescuing the people
in the plane, began using their phones to take images of the dying plane
crash victims. A similar thing occurred when almost a hundred people
were burnt to death after an oil tanker caught fire in Rivers State. The social
media has equally provided the youth a medium to conduct fraudulent
activities. Youths in this category go by a number of names include ‘Yahoo
Boys’ and ‘419ers’. They derive pleasure in fleecing people of their hard
earned cash and in most cases ending up killing their victims. The August
2012, defrauding and killing of Cynthia Udoka Osokogu, the Ex-General’s
daughter is a practical example. Social media has equally become an avenue
to some immoral youth of sharing nude or sexual images. Against all odds
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however, there is more to social media than its abuse. The social media if
used responsibly would be an effective tool to promoting the human dignity,
values, norms, ethics and rights. The success of Arab Spring phenomena
wouldn’t have materialized without the role played by social media in
sensitizing people and enrolling them. Social media equally played a great
role in indicting Joseph Kony, leader of the Lord’s Resistance Army, for War
Crimes and Crimes against humanity by the International Criminal Court
in The Hague, Netherlands, in 2005.
The social media could be a powerful tool for the promotion of human
dignity and right, sustainable development, a vital avenue of disseminating
information, which has the capacity of bringing about freedom to a greater
number of persons. This is only possible only when it is used responsibly.
Perhaps there will be no better time for youths to use the social media in
their development than now, when everyone seems to be embracing digital
technology. When the youths engage themselves in the positive use of the
social media, possible abuse will become a thing of the past.
CONCLUSION
As previously illustrated, the social media offers unlimited possibilities for
the Nigerian youth. However, in view of its obvious shortcomings, some of
which have been discussed above, it is important for governments, NGOs,
youth-based organizations and other relevant stakeholders to regularly
enlighten the youth on the good, the bad and the ugly aspects of the social
media. This is essential if the youth are to properly harness the positive
aspects of the social media for personal development. Perhaps, more importantly, the youth should take responsibility on how to use the social media in
a positive light. They should shun every negative tendency that the platform
could provide in order not to become tools for societal disintegration.
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REFERENCES
http://threesixtyjournalism.com/node/353>.11 November 2008.
Arrington, Michael (2009): “Facebook Now Nearly Twice the Size of MySpace
Worldwide.” TechCrunch 22.
Assimakopoulos, Dimitris, and Jie Yan, (2006 ).“Social Network Analysis and
Com-munities of Practice.” Encyclopedia of Communities of Practice in
Information and Knowledge Management. Ed. Coakes, Elayne,
Bi, Frank, (2002) “Many Teens Grow More Cautious About Facebook Postings.”
ThreeSixty: Building Virtual Communities: Learning and Change in Cyberspace. New
York: Cambridge University Press, 2002. 191-214.
Clarke, Steve. Hershey, (2006). PA: Idea Group Reference, 2006. 474–480.
Robert Kraut, Malcolm Brynin, Sara Kiesler, Cary (2006): Computers, Phones, and the
Internet: Domesticating Information Technology. NC: Oxford University Press,
Incorporated, 2006.
Depree, Jr., Chauncey M., and Rebecca K. Jude. (2006).“Who’s Reading Your Office
E-mail? Is That Legal?” Strategic Finance 87.10 (April 2006): 44-47.
Greenfield, Patricia M., Elisheva F. Gross, Kaveri, Subrahmanyam, Lalita K. Suzuki,
and Brenda Tynes. (2008). “Teens on the Internet: Interpersonal Connection,
Identity, and Information.” Computers, Phones, and the Internet: Domesticating
Information Technology. Ed. Robert
Sylvia A. Owiny, Khanjan Mehta, Audrey N. Maretzki, (2014). Licensed under the
Creative Commons Attribution Non-commercial No Derivatives (by-nc-nd).
International Journal of Communication
Kaplan and Haenlein., 2010. A Social Media Toolkit for Journalism Classroom. Rhodes
Journalism Review. No. 30. July. Wadsworth Publishing Co.
Katz, James Everett, and Ronald E. Rice, (2002). Social Consequences of Internet Use:
Access, Involvement, and Interaction. Cambridge, Massachusetts: MIT Press.
Kyle. (2008). “Schools Creating New Rules for Social Networking Policies.” USA
Today 28 July 2008. 12 November 2008.
McKenna, Katelyn Y. A., and Gwendolyn Seidman.(2006). “Considering the Interactions: The Effects of the Internet on Self and Society.” Computers, Phones, and the
Internet: Domesticating Information Technology. Ed.
Robert Kraut, Malcolm Brynin, Sara Kiesler. Cary, NC, (2006). Oxford University
Press, Incorporated, 279-295
Shklovski, Irina, Sara Kiesler, and Robert Kraut.(2006). “The Internet and Social
Interaction: A Meta-analysis and Critique of Studies, 1995-2003.”
Stone, Brad.(2007). “Facebook.” Mask and Identity. The Hermeneutics of
Self-Construction in the Information Age.”
Ufuoma Ogbe, 2014. Social Media and the Nigerian Youth. May 13, 2014 by admin
pm news.
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17
Giant Strides in the Social, Economic
and Political Re-Engineering
of the Nigerian State
Biodun Akinpelu, PhD / Femi Adeyeye, PhD / Victor Akinpelu
INTRODUCTION
Nigeria can no longer continue to be a sleeping giant, we have to wake up.
And if we wake up, we must begin to do things differently.” —President
Goodluck Ebele Jonathan
E
thics and values are interconnected societal pillars, the abrasion of
these pillars spell doom for any State. When societal values such as
honesty, patriotism, discipline, accountability, integrity and diligence
are relegated, vices and atrocities such as corruption, sabotage, nepotism
and terrorism are enthroned.
“The crisis of Governance over the past decades in Nigeria has been
associated with the collapse of ethical and professional standards in
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virtually every aspect of our national life. For example, the inability to
maintain professional and ethical standards in the Armed Forces resulted
in various military coups which adversely affected every stratum of the
Nigerian society. It accounted for the near collapse of the educational
system, the increased wave of crime, the decadence in the health sector
and the pervasive culture of greed, indiscipline and corruption in the
Public Service.” (Adegoroye 2005)
This chapter will bring afore the journey of ethics and values in
Nigeria since the beginning of democracy in the year 1999 and the feats of
the President Goodluck Jonathan administration in preserving values and
ethical conduct in the different sectors of the Nigerian State.
WHAT ARE ETHICS AND VALUES?
While ethics may be defined as a code of conduct as accepted by the society
or a governing body, values may be explained to be life priorities, they are
priceless intangibles held very high. An individuals’ behaviour is shaped
by his values. The values of an organization or society, guides the establishment of its ethics.
The request of American popular musician, 50 Cent to Professor
Chinua Achebe to buy the latter’s popular book name cum brand “Things
Fall Apart” would suffice in describing the place of values in the moulding
of an individual’s behaviour.
In 2012, 50 Cent considered naming his upcoming movie “Things Fall
Apart.” He offered to buy the brand name from Prof. Achebe for a million
dollars. Prof. Achebe in his blunt response described the offer as an insult
affirming not to sell the name even for a billion dollars!
Behaviour in all its ramifications is guided by values. A government
that does not preserve the ideals and values of its society, caring less about
the misdemeanour of its citizenry may not live to see the consequences.
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ANTECEDENTS; EFFORTS OF SUCCESIVE NIGERIAN GOVERNMENTS
SINCE 1999 IN PROMOTING ETHICS AND VALUES
Nigeria took a different turn with the advent of democracy in the year 1999.
The two pre-Jonathan administrations made various efforts in establishing
values and ethical conduct in the nations’ affairs. Below is a chronicle
of the efforts of the Obasanjo and Yar’adua administrations vis-à-vis
mainstreaming ethics and values in Nigeria.
CHIEF OLUSEGUN OBASANJO LED ADMINISTRATION (1999 – 2007):
The Olusegun Obasanjo led national government made a number of efforts
in stemming corruption and driving in ethics and values into the various
sectors of the Nigerian State. Germane amongst the strides creditable to the
administration are:
Establishment of Independent Corrupt Practices and other Related
Offences Commission (ICPC) – The Commission was set up through the
Corrupt Practices and Other Related Offences Act 2000, which was signed
into law on 13 June 2000. The mandate of the agency is to prohibit and
proscribe punishment for corrupt practices and other related offences.
ICPC received a total of 1,500 petitions against public and private officers
within its first five years of operation.
Establishment of Economic and Financial Crimes Commission
(EFCC) – The passage into Law of the Economic and Financial Crimes Act
(2002) paved way for the creation of EFCC. The agency became the vanguard
of the Obasanjo Administrations’ fight against graft.
The duo of EFCC and ICPC made great impacts in preserving values,
bringing corrupt officers to book and heightening ethical conduct amongst
private and public office holders in Nigeria.
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ALHAJI UMARU MUSA YAR’ADUA LED ADMINISTRATION (2007 – 2010)
From the commencement of the administration on the 27th May 2007
till his death of the President on the 5th of May 2010, a number of social
re-engineering efforts were made by the administration. Most notable
amongst the efforts include the following:
REBRANDING NIGERIA PROJECT
Between March 2009 and December 2010, Prof. Dora Akunyili, (the
then Minister for Information), operated her conceived “Rebranding
Nigeria Project”. This project majorly sought to re-organize the manner in
which Nigerians conduct professional and public affairs. The Rebranding
project amongst other things kicked against using the slang Naĳa as an
informal alternative to Nigeria, aimed at promoting patriotism, unity and
cultural values amongst Nigerians. The project though enjoyed massive
media projection, received high criticism, rejection and ended up a buried
dream as many Nigerians saw the project as a self aggrandizing mission for
the Minister.
ACHIEVEMENTS OF THE GOODLUCK JONATHAN ADMINISTRATION
(2011 – DATE) IN PROMOTING ETHICS AND VALUES IN NIGERIA
Below are the achievements of the Jonathan led administration in
re-defining practices, raising the bar of ethical conduct and promoting lofty
values in different spheres of the life of the Nigerian State.
POLITICS AND ELECTIONS: The President has been credited
widely for his high political decorum and establishment of same in the
nations’ elections.
“We are in a democracy where the will of the people must prevail over
the arbitrariness of a few” Dr. Goodluck Jonathan, September 8 2008, at
the inauguration of the technical committee on the Niger Delta in Abuja
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“My political ambition is not worth the blood of any Nigerian” – Dr.
Goodluck Jonathan, March 6, 2011during Presidential campaign rally in
Uyo, Akwa Ibom State.
“Our determination and insistence on credible elections is now
a movement whose final destination is electoral justice” – President
Goodluck Jonathan, March 16 2010, at the opening of a three-day national
conference for stakeholders in the electoral process.
President Jonathan cheerfully decorating General Muhammadu Buhari (rtd), his
year 2011 Presidential election contender and major opposition leader during the
nation’s February 2014 centennial celebrations in Abuja.
The Presidency of Dr. Goodluck Jonathan passionately pushes for
credible and decent elections. This is evident in the neat conduct of the year
2011 Presidential elections during which he acted as President. The gubernatorial elections in Ondo, Edo, Anambra and Ekiti States also show the
non-partisan resolve of President Jonathan in making sure that the will of
the people prevail in the election of public officers.
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(Left – Right) Governor Kayode Fayemi shaking hands with Governor-elect
Ayodele Fayose 72 hours after losing his re-election to Fayose, photo taken
24th June 2014
FREEDOM OF THE MEDIA: Freedom is one of the core values of the
Nigerian media which had remained caged by the government and powers
that be. The signing into Law of the Freedom of Information (FOI) Bill by
President Jonathan on the 28th May 2011, after about eleven years of its
introduction at the National Assembly, is a milestone in the nation’s media
practice. The objective of the Act amongst others is to make public records
and information more freely available, protect serving public officers from
any adverse consequence of disclosing official information. The FOI Act has
undoubtedly raised the bar of ethical media practice in Nigeria.
FOSTERING UNITY AND PROGRESS THROUGH NATIONAL
DIALOGUE: Another major achievement of the Goodluck Jonathan
administration in the furtherance of unity and progress is the launch of the
national conference.
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“In demonstration of my vowed belief in the positive power of
dialogue in charting the way forward, we have decided to set up an advisory
committee whose mandate is to establish the modalities for a national
dialogue or conference” – President Goodluck Jonathan, 1st October 2013
during Presidential Address.
(Left – Right, first row) Chief Justice of the Federation Aloma Mukhtar,
Vice President Namadi Sambo, President Goodluck Jonathan, Former Chief
Justice and Chairman of the National Conference Idris Kutigi, Former
Foreign Affairs Minister and Vice Chairman of the National Conference
– Prof. Bolaji Akinyemi, Secratary of the National Conference Dr. (Mrs)
Valerie Azinge and Deputy Senate President Ike Ekweremadu during the
opening of the National Conference on 17th March, 2014
Session at the 2014 National Conference
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The establishment of the year 2014 national conference which had 492
nominated delegates has further cemented the fabrics of a united nation,
enhanced the sense of belonging in all ethnic and professional groups
and advocated dialogue as a major pillar in the continued existence of the
country.
POLICING: The Nigeria Police Force is a major stakeholder in the
upholding of national values and ethics, no society develops beyond its
policing system. The rot in the Nigeria Police Force over the years has
cascaded into its inefficacy and resulted in a massive abrogation of ideals,
values and ethical mannerism in the country.
“Every time a police officer receives a bribe to cover up an issue, it encourages disobedience to Law which ultimately fuels the breakdown of law
and order” (Adegoroye 2005)
As highlighted by the Inspector General of Police Mohammed
Abubakar at the January 2014 Police Service Commission Retreat in
Markurdi, Benue State, the Police under his leadership has recorded giant
strides and reforms. Notable recent Police reforms are:
•
Eradication of Police roadblocks
•
Provision of a total of 1,074 housing units for Police Officers nationwide as at December, 2013 with an additional 1,000 units starting in
March, 2014
•
Promotion of 18,838 Police operatives during the year 2013
•
Upgrading of thirteen Police Training Schools nationwide
•
Creation of a Maritime Section headed by an Assistant Inspector
General of Police
•
Split Airport Commands into two (Western and Eastern) for
increased Police performance at the Airports
•
Injected 3,000 additional vehicles including armoured personnel
carriers (APCs) into the Police fleet nationwide
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(left – Right) Minister of Police Affairs Capt. Caleb Olubolade (rtd), Oba
Rilwan Akiolu of Lagos, President Goodluck Jonathan and Inspector
General of Police Mohamed Abubakar during the commissioning of 200
units Goodluck Jonathan Police Housing Estate on 19th July, 2013 in Lagos
Newly constructed Goodluck Ebele Jonathan Police Housing Estate, Idimu,
Lagos
The Goodluck Jonathan government has shown its commitment
to ensuring that peace, justice, stability and other societal values reign in
Nigeria by giving the Police Force the needed support for its growth and
development.
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TELECOMMUNICATIONS, MOBILE NUMBER PORTABILITY:
Telecommunication operators have been made to become more responsible
and provide better services since the advent Mobile Number Portability. The
scheme makes it possible for customers to switch from one telecommunications operator to another while retaining his mobile phone number. Mobile
Number Portability has increased competitiveness amongst telecommunications companies and upgraded the ethics of the industry.
EDUCATION: Since 2011 till date, the educational sector despite
various challenges has witnessed remarkable improvements. The establishment of nine Federal Universities in the six geo-political zones, the launch of
Almajiri Education, empowerment of the Teachers Registration Council of
Nigeria (TRCN) and the sponsorship of teachers and outstanding students
for overseas trainings and further studies are some points on the governments’ score card.
Executive Secretary of the National Universities Commission, Professor
Julius Okojie (left) watches as Supervising Minister of Education, Chief
Nyesom Wike (middle) presents scholarship award for Masters and
PhD degrees to one of the 104 first class students and beneficiaries of the
year 2014 Presidential Special Scholarship Scheme for Innovation and
Development (PRESSID) on Monday 9th June, 2014 in Abuja.
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University of Lagos produces Africa’s youngest PhD holder – Dr. Hallowed
Oluwadara, 24 years old (middle) with former Head of State, General
Yakubu Gowon (left) and Pro – Chancellor of University of Lagos, Professor
Jerry Gana, 11th June 2014
President Jonathan flanked by the Sultan of Sokoto and the Minister of
Education, Prof. Ruqayatu Rufai during the launch of the Almajiri School in
Sokoto, 10th April 2012.
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HEALTH: Some of the achievements of the Jonathan – led government in the health sector is the improvement in maternal health care and an
overall better access to primary health care.
SUBSIDY RE-INVESTMENT AND EMPOWERMENT PROGRAMME
(SURE-P):
The initiative amongst others provides better access to primary and
maternal health care. Over 519,563 pregnant women have received antenatal
care from October 2012 till date while more than 11,028 health workers have
been recruited and deployed to various health facilities nationwide.
A cross section of SURE-P health workers during a training session
AGRICULTURE: The Federal Government has indeed recorded giant
strides in the agricultural sector. Of note are:
•
Electronic access to seeds and fertilizers by farmers
•
Major boost in rice production
•
Cassava revolution
•
Significant reduction in wheat importation
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Farmers access seeds and fertilizers through mobile phones
President Jonathan launches 40% cassava flour bread, November 2011
ECONOMY: The emergence of Nigeria as the biggest economy in
Africa after attaining a Gross Domestic Product of N80.3 trillion is another
landmark success of the Goodluck Jonathan government. Under-listed are
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some of the various achievements of the administration which have added
to placing Nigeria at the top of Africa’s economy.
YOUTH EMPOWERMENT: The Youth Enterprise With Innovation in
Nigeria (YOUWiN) has created over 26,000 jobs by training and mobilizing
youths in different vocations.
(Right – Left) President Jonathan observing products of YOUWIN entrepreneurs, others are Governor Gabriel Suswam (Benue State), Governor
Godswill Akpabio (Akwa Ibom State), Coordinating Minister of the
Economy and Minister of Finance, Dr. Ngozi Okonjo-Iweala, Minister of
State for Finance, Dr. Yerima Ngama, Chief of Staff to the President, Chief
Mike Ogiadomhe, and Secretary to the Government of the Federation,
Senator Anyim Pius Anyim during the launch of the third edition of
YOUWIN on Monday 15th November, 2013 in Abuja
TRANSPORT: President Jonathan has changed the status and the
general opinion about the nations’ transport system. His commitment to
adding value to Nigeria’s transport sector has culminated in the robust
achievements in the sector. Below are pictures of some projects (completed
and on-going) in the transport sector:
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Newly commissioned train coaches in Lagos
(Right – Left) Vice President Namadi Sambo, Lagos State Deputy Governor
Adejoke Orelope Adefulure, Transport Minister - Senator Idris Umar and
Chairman Senate Committee on Land Transport – Senator Sahabi Yau
taking a ride in one of the new coaches on 10th June 2014
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Lagos – Kano rail line, commissioned December 2012
Newly repaired portion of the Apapa – Oshodi Expressway
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Dualisation of the Abuja – Abaji – Lokoja Expressway
10-lane Abuja Airport road
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Newly refurbished Benin – Ore – Shagamu Expressway
Vom – Manchok road, Plateau State
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Uba – Mbala road
Kano – Maiduguri road, Eastern Bypass
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President Jonathan flagging off the construction of the N117 billion second
Niger Bridge on Monday 10th March, 2014 at Onitsha, Anambra State
President Jonathan driving an earthmover during the flag off of the reconstruction of the Lagos – Ibadan Expressway on Friday 5th July, 2013 in
Sagamu, Ogun State.
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CONCLUSION
A good leader is a person who takes a little more than his share of the
blame and a little less than his share of the credit—John Maxwell
Leadership is never without challenges while followership is never
without criticism; in between lies patriotism. The challenges notwithstanding, patriotic minds will not fail to commend the Goodluck Jonathan
Administration for its dogged resilience and outstanding performance.
Admittedly, no human being is perfect. Perfection and infallibility are
divine concepts reserved only for the almighty God. The Nigeria Project
remains a complex one. Its needs, wants, hopes and aspirations can only be
perfected through divine intervention. Jonathan is human, hence he cannot
do it all alone. Although Jonathan has not been able to fix all the “fixables,”
his Administration will be written in the annals of Nigeria’s history as one
with feasible and remarkable progress in every sphere of Nigeria’s social,
economic and political endeavour. The name Jonathan would certainly be
written with letters of gold on the list of Nigeria’s heads of state whenever
it is formally documented.
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REFERENCES
Economic and Financial Crimes Commission (2014) – accessed via www.efccnigeria.
org
G. Adegoroye (2005) Mainstreaming Ethics and Professionalism in the Public Service:
The Nigerian Experience; Paper Presented at the Conference on The African
Charter and Related Reforms, Swakopmund, Namibia
G. Jonathan (2013) Memorable Quotes of Goodluck Jonathan, Clear Coast
Communications Ltd, Abuja
M. Abubakar (2014) Sustaining Police Reforms in Nigeria, Retreat of Police Service
Commission, Remark of Inspector General of Police, accessed via www.npf.
gov.ng
Nigeria National Conference (2014) – accessed via www.nigerianationalconference2014.org
Nigeria Tribune (2012) why we jettisoned Federal Character on Scholarship Scheme,
10th June 2014 accessed online via www.tribune.com.ng/news/top-stories/
item/7513-why-we-jettisioned-federal-charcter-on-scholarship-scheme-fg-asfirst-class-graduates-bag-2014-awards
Subsidy Reinvestment and Empowerment Programme (2013) Progress Report; A
Publication of the Presidency, Abuja
Sure and Steady Transformation (2012) Progress Report of President Goodluck
Jonathan’s Administration vol. 1. Office of the Special Adviser to the President
on Research, Documentation and Strategy, Abuja
Sure and Steady Transformation (2014) Progress Report of President Goodluck
Jonathan’s Administration vol. 2. Office of the Special Adviser to the President
on Research, Documentation and Strategy, Abuja
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PRESIDENT`S DIARY Nigeria`s Ethical Revolution.

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