Politicians are quick to say Nigeria's democracy is still young and that it needs to be properly nurtured. This is quite true. Unless everyone behaves and plays according to the rules, it is doubtful if a mature, virile democracy and a free society envied by others would ever be built. The skirmishes in oil-producing areas culminating in the Abuja deal, crises in several parts of the country, labour strikes, might-is-right posture among leaders and the ethnic composition of Nigeria are issues that require national discourse.
Ethnically, nothing can be done to alter Nigeria's composition in terms of its cultural diversities. The ethnic composition is what makes Nigeria the most populous country in Africa. The diversity should be an asset and not the other way round. We thought the military rule was the problem; campaigns were mounted and tactics evolved to ease the military out. Five years after democratic rule was ushered in, there are still uncertainties and impediments to the growth and nurturing of this young democracy.
Is Nigeria's ethnic make up the problem? I strongly doubt that. Nigeria is not the only country on the face of the earth with different ethnic compositions. For instance the United States has the history of having people from various countries converging in that country. Name any country in the world and you would surely find its citizens in the US pursuing their daily activities unhindered by the Americans. Is there something presen! t in the US that cements these ethnic groups together while missing in Nigeria? What are the lessons to be learnt in a multi-ethnic country like Nigeria?
First and foremost, the missing element in Nigeria, and sadly, is the absence of the rule of law. The rule of law is the invisible string that cements people of different culture, ethnic background and languages together with a view to enabling them pursue common national goal, vision and aspirations. The rule of law is never a synonym for the rule of men.
Laws regulate everything of a certain kind, not just some such things. The rule of law ought to be like other forms of laws. For instance, the law of motion applies to all moveable things and the laws of photosynthesis apply to all things that undergo organic chemical process. Because this law applies to everything of the same kind, it 'provides orderliness and maturity.' The rule of law is that law that can be applied uniformly to all. The rule of law is evident where laws are upheld, where government is committed to upholding them. This is what nurtures a young democracy in a multi-ethnic country which in turn results in a peaceful and free society.
The Federal Attorney General has admitted that adherence to the rule of law is a recipe to the sustenance of a free, democratic Nigeria. The same sentiment was echoed by Lagos State Chief judge saying "those entrusted with authority must ensure justice, equity and fair play. This will in turn create the expected public trust." Interestingly these comments are coming from important people in the Bar and Bench. However, recent happenings are mind-boggling and have strongly showed that there are many hurdles to cross to realise a truly free and democratic Nigeria. Democracy is in danger if the rule of law is constantly trampled upon. If one form of law applies to the rich and certain ethnic groups but does not apply others, the rule of law is imperilled, and so is democracy.
The likes of Justice Wilson Egbo-Egbo have given judgment that rattled and threatened the present democracy. Many elected representatives have exhibited total disregard for the rule of law. Thugs have fired gunshots and invaded state legislative Assembly halls. A local government was completely overrun by thugs employed by a politician.
On an order either from their superior or a senior political figure, the military razed the towns of Odi and Zaki-Biam. As if their words are laws, ministers, governors and local government chairpersons have ordered several stalls or property demolished without any recourse to an due process. All these are repugnant to democratic values. When these happen there are bound to be widespread disenchantment, an invitation to chaos.
Zimbabwe began the descent into turbulence when President Robert Mugabe tactically took over the justice system which grossly violated the requirements of the rule of law. Wherever this trend is replicated, the next to come under attack will be a free press and then the economy itself. Ghanaian-born George Ayittey succinctly discussed the issues years ago in some of his writings and public speeches. He said there are three pillars that are necessary to support democracy and free society, first the rule of law to protect persons, property and contracts, second, an independent and impartial judiciary and lastly, a free press to ensure transparency and to keep political players reasonably honest.
An effective rule of law in view of Nigeria's ethnic composition would drastically eliminate the crises prevalent today and consequently give democracy a proper footing. When the executive signs certain bogus laws or makes pronouncements to either favour some ethnic groups or certain individuals, or when a judge gives a judgment that grossly violates existing precedents, obviously this is bound to elicit strong discontent.
Rule by the mighty rather than by law has been a disaster for Nigeria. Ye! s, Nigeria is democracy but everyone should realise that true democracy is elusive unless everyone is protected by the constitution and that laws are fair and applicable to everyone including those wielding political and economic power. That is one surest way to build a strong, virile, long-lasting democracy and to ensure economic prosperity.
Ayodele(Thompson@ippanigeria.org) is the Coordinator of the Institute of Public Policy Analysis, Lagos.