Executive Impunity: A Threat To Democracy -By Richard Odusanya

Nigeria has, indeed, come a long way in its democratic journey. Notwithstanding its outward appearance, Nigeria’s democracy has consistently fallen short of true democratic principles.

Despite close to 26 years of uninterrupted democratic governance, yet it oscillates between authoritarianism and hybrid regimes with manifest outright dictatorships, pervasive censorship, and an unstable political system that juggles a facade of democratic processes with repressive practices – which includes; widespread use of arbitrary arrest, detention, constant judicial harassment and miscarriage of justice.

I am more worried about the legislative arm of government because of the principle of check-and-balances and the enormous responsibilities placed on its shoulder. This article, which is based on sound analysis, considers the legislative responsibilities and political rascality of the Nigerian National Assembly in its unbroken 26 years.

Clearly, the examples of the Apkabio/Natasha, suspension of democratic institutions/officials and many others are worrisome. After a brief review of the Akpabio/Natasha’s case, I concluded that “over-familiarity” is the cause of reciprocal arrogance and disrespect between Senator Godswill Obot Akpabio the current Senate President and Senator Natasha Akpoti Uduaghan. They probably remixed their private life with official conduct. Sadly, the outcome was NATIONAL DISGRACE! At the very least, Akpabio should have stepped down to clear his name instead of assuming a judge in his own case.

This contribution examines the recent events vis-a-vis Legislative rascality, Judiciary compromises and the impunity of the Executive arm of government. Today serves as a timely reminder that we must critically reevaluate our democracy and get back to the basics i.e. prioritizing genuine leadership and the responsible exercise of political office in the best interest of the people.

Following from the above; the most disturbing aspect is the National Assembly rubber stamps executive Impunity in Emergency rule in Rivers.

In a profound statement of the Presidential Candidate of the New Nigeria Peoples Party (NNPP) and leader of the Kwankwasiyya movement, Senator Rabiu Musa Kwankwaso, who strongly criticized President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, describing it as a dangerous precedent for Nigeria’s democracy.

Sen. Kwankwaso, Reflecting on his experience in the 1992/93 National Assembly, Kwankwaso warned against repeating past mistakes, where lawmakers were preoccupied with internal power struggles instead of safeguarding democratic institutions. He also accused the 10th National Assembly of failing in its duty to check executive overreach and impunity of the executive arm of government. I believe that, he had in mind, the events of the May 27, 1962 Western Region Crises and of course the Obasanjo’s Costly Failed Third-Term Bid which was a conduit pipe for sharing huge amount of money ranging from one hundred to five hundred millions per each legislators as bribe.

Similarly, Aminu Waziri Tambuwal, a Nigerian lawyer and politician who has served as Senator for Sokoto South since 2023. Served as the governor of Sokoto State from 2015 to 2023. Served as the 12th Speaker of the House of Representatives of Nigeria from 2011 to 2015.

Tambuwal profoundly posited: “Section 305 of the Constitution is clear and unambiguous about the process for declaring a state of emergency and the role of the National Assembly in approving such a proclamation.” He continued: “The Senate failed to meet the constitutional requirement of a two-thirds majority when approving President Bola Ahmed Tinubu’s proclamation of a state of emergency in Rivers State.”

Furthermore, former President Goodluck Jonathan and Nobel Laureate Professor Wole Soyinka (WS), have spoken against the suspension of elected officers in Rivers State. While Jonathan described the development as capable of bringing Nigeria into disrepute, Soyinka said it was against the spirit of federalism. Also former President Olusegun Obasanjo accused the NASS members involved in the charade as bribe takers. This is certainly not the best of time in our democracy journey.

In conclusion, I like to submit, that, executive impunity is a huge threat to democracy. We find that autocratic governments are more likely than democratic governments to violate the constitution. Therefore, ending impunity and upholding the rule of law means ensuring accountability for crimes and upholding the principles of justice, fairness, and the supremacy of law, which is crucial for a stable and just society.

Finally, while we are all equal in the eyes of the law, it does seem that well-connected public officials are more easily able to avoid prosecution than the rest of us. When political position allows public officials to avoid being liable for their actions, there is a real threat to democracy. It also creates incentives for corruption, since those who are considering putting their fingers in the cookie jar are more likely to do so if they believe that they won’t be held accountable even if they are caught.