THE GENERAL PUBLIC AS RESEARCH FELLOWS

BY ABDULMUMIN YINKA AJIA

In short power points, it is the intention of this writer to solicit divergent opinions from the general public by asking a series of questions.

At the core of this treatise, is the intention to examine, diagnose and proffer solutions to the Nigerian malaise. And if the Nigerian people has been greatly affected by these malaise, then it is their natural right to challenge the status quo by way of a critical assesment. It is the hope that by carrying out this exercise, we will perhaps be forced to think about the unthinkable and to even plan for it.

Using the Schwartz model, the following steps will be recommended for respondents to this article;

1. Identify focal issue in the Nigerian problem

2. Identify the key forces in the local environment i.e the local political king makers, the local elected officials etc

3. Identify the driving force(s) i.e in this case crude oil

4. Use the awareness of past experiences as a pointer to current signs i.e Abacha closing down companies of his adversaries, same way Obasanjo is doing right now by closing Intel, Slok airlines etc.

5. Identify the evolutionary, unbroken lines into the future

6. Identify the revolutionary, broken lines into the future

7. Assess the implications for Nigeria's future and proffer a solution.

At this juncture, permit me to ask the following questions;

1. Why is it that our supposed democracy has not followed established guidelines? Since power exchanged hands from the military to the civilians, one would expect that the first major exercise of the civilian government will be to embark on re writing the nation's constitution. Therefore, giving it the legitimacy which it lacked under the military junta. Obnoxious clauses like the immunity clause would not find a place in the people's constitution.

2. Why do we personalise reforms in Nigeria instead of institutionalizing it? Reforms will be short lived after the exit of its arrow head if  personalized as in the case of El Rufai and co, if institutionalized and established under law, it will outlive its founders.

3. Where did President Obasanjo get the sweeping power to dictate to state governments and to withhold their allocations?

4. Where did the state governors get the power to dictate to local government chairpersons and in some cases also withhold their allocations?

5. What part of our law says that the infrastructure of police should be centralized, thereby stiffling creativity and has made us less secure? Bola Ige's murder and so many others have not yet been resolved for so long!

6. Why is it that our governments at all tiers, seems to be running the affairs of state in a trial and error fashion? Lack of agenda or in most cases incoherent ones.

7. Why is it that when we do embark upon ambitious projects like the Ilorin - Ibadan expressway, we seem incapable of completing the tasks on agreed time, simply because of outrageous corruption? No one takes responsibility for anything in Nigeria, use the aviation sector as an example, what is Borisade still doing there? Why are we not probing the activities of  Tony Anenih and Ogunleye for the monumental corruption at the works ministry? Suffice it to say that Nigerian roads are still death traps.

8. Why is it that President Obasanjo has continued to cripple the judiciary? Cherry picking laws that he wants to obey and disregarding the other ones. Why is Chris Uba still a free man in Nigeria today?

9. On the Alaimeyesegha saga, why did the Nigerian state stoop so low in order to score a cheap point? In the first instance guilty or not guilty, the Nigerian state should have provided him with consular services, second, after his escape to Nigeria, no matter how bad the situation appears to be, Obasanjo shouldnt have sent in troops without his(Alaimeyesegha's request), remember Obasanjo has not pushed for the removal of the immunity clause and in Nigeria this guy should have been ousted in the best of democratic ways. Thirdly, the letter to Prime Minister Blair was in bad taste, Obasanjo is not the Nigerian national assembly and hence cannnot revoke Alaimeyesegha's citizenship, since the assembly has not done so, what is his motive for writing another sovereign government on alleged discretion of one of his citizens? Readers should note that Tony Blair will not dignify Obasanjo with a reply. Fourth, after Alaimeyesegha's removal from office, why has the Nigerian government insisted on extraditing him instead of trying him at home under Nigerian law? By taking this honorable path, we would have sent a clear message to the rest of the 35 governors. At the sametime, we would be accorded our due respect amongst the comity of nations, we wouldn't be seen as a walk over republic. The question that begs an answer is; what is in it for us to send one of our own abroad to be tried under a foreign jurisdiction? If Obasanjo is afraid that the Nigerian judiciary will buggle this case, it is because he has crippled the judiciary, the honorable thing for him to do is to help fix it and try anyone found wanting under the Nigerian law. Remember, six years and counting into the life of this administration, Al Mustapha has not yet been sentenced because of government's ineptitude. Why is Mohammed Abacha walking free in today's Nigeria after all the millions of dollars that was stolen?

10. Finally, since Obasanjo has failed in all indicators of growth, wouldnt it be apt for him to call for a new election, dissolve his government, embark on a constitutional overhaul, permit Nigeria the opportunity to have a government that will have as its basic requirement that all tier of government operate independently and at the same time have enough synergy to complement one another, in this case, the minimum requirement for every local council will be an independent police department, fire department, schools, hospital system, waste management, water company, power company, post office, local magistrate courts and any other minute details that will make life comfortable at the local level. I mean lets live like civilize people do, I know we have the capacity to do so.

After Obasanjo would have conducted a free and fair election, devoid of the likes of Chris Uba and his fellow travellers across the country, a government of national unity will most likely emerge and they will assuage the people's feeling and take the country on the part to sustainable growth. With all their weaknesses, I will still pick two of Obasanjo's current officials, El Rufai (for his drive) and Ngozi Iweala ( for her brilliance, she can achieve more for Nigeria under the right climate).

Another truth and reconciliation conference must be conducted, in this case, no one should be allowed to be above the law, Nigerians have been abused and degraded for too long, in order for true healing to begin, we must come forward with compassion and a sense of purpose.

The implications for Nigeria by continuing on the present state of self destruction is disastrous, if the present crop of "leaders" do not act for posterity, they are only postponing the evil's day.

A.Y.Ajia @smith30045@yahoo.com

Robot  Villager

# 1 since Obasanjo has failed in all indicators of growth, wouldnt it be apt for him to call for a new election, dissolve his government, embark on a constitutional overhaul, permit Nigeria the opportunity to have a government that will have as its basic requirement that all tier of government operate i...Read the full article. Posted by Robot| 18.12.2005 10:24

Tea	# 2 So, where does the Schwarz Model come in and how do you use it do develop the strategy you wish to in this raised matter? It would be appreciated if you could conclude this article a bit more robustly Posted by Tea| 18.12.2005 10:49

Unregistered

# 3 Thank you Tea, the model comes in as a guide for respondents to look at the problem holistically. Using the afforementioned criteria, writers can agree or disagree about the problem solving approach towards the Nigerian malaise. Since Shwartz's intention is for us to look at scenarios as a sum part of a larger scenario, in my questions, I have attempted to do the same, by asking a series of questions aimed at probing deeply the level of decay in Nigerian society today, looking at it from different perspective and arriving at my conclusion that the implications for the Nigerian state to continue on its self destructive path is dire. Thank you. A.Y.Ajia Posted by Unregistered| 18.12.2005 13:21

Palamedes  Villager

# 4 It is all very well meaning but most of us are more interested in putting food on the table rather than writing treaties or dissertation on our governments. You have raised many questions related to the constitution without providing evidence to show why things are wrong. Can we have some facts to chew to awaken us to the anti-constitutional practices of the governments; otherwise, it is simply hearsay and speculation. For example: 3. Where did President Obasanjo get the sweeping power to dictate to state governments and to withhold their allocations? In the context of this article, I would like to know the following facts : 1. Instances of where President Obasanjo had used sweeping power to dictate to state governments and withheld their allocations 2. Whether the President had gone against the constitution in undertaking these acts 3 If the answer to (2) is yes, why then have the state governments not taken the Federal government to the courts to rectify the matter? 4 If the state governments have done so, what was the outcome? This is a better approach because it enlightens everyone rather than shove before our eyes hearsay and speculation. 10. Finally, since Obasanjo has failed in all indicators of growth, wouldn't it be apt for him to call for a new election, dissolve his government, embark on a constitutional overhaul… Can the President dissolve his government as is common with the British parliamentary system of government or are you using the words loosely? Most of us are guilty of underestimating the state of the country and economy: The IBB/Abacha dictatorships starved the country of investment, left it derelict to rot. It takes time to turn around even a first rate economy that has been in a recession. Since West Germany (first rate economy) merged with East Germany (third rate economy), Germany has being struggling with growth rate. Japan has been experiencing a very low to negative growth rate for over a decade. Comparing our problems with these advanced economies is as comparing an accident victim who has been ran over by a lorry to someone with a headache; and yet our leaders are expected to work magic. It is not possible even in the next 15years to clean up all the mess IBB/Abacha had made of the country. We must criticise but give our Federal Government some time to turn the Nigeria coal-powered tanker around. And what about the individual Nigerian: Take a Nigerian owned shop in London sandwich between two Asian shops. The Asian shop is clean, tidy and uncluttered, whereas the Nigerian shop is smelly, cluttered, breaks all the health and safety regulations; sells made in Nigeria products that have no label or difficult to read labels. This has been the situation with this Nigerian shop owner for the last five years. The two Asian shops are always packed with shoppers but the Nigerian owned shop gets only a trickle and yet this Nigerian has refused to learn from the Asian neighbours to improve the shop and revenue. This same Nigerian would criticise anything that moves but not the self. We should continue to talk about our government but must also take a closer look at ourselves; how we run businesses, customer services, our attitude to our jobs; our habit of looking at every issue from a party political or/and ethnic-tinted eye glasses. Talking about synergy, the greatest synergy yield will come from individual Nigerians working or cooperating with fellow Nigerians, but first, we must evaluate and correct flaws that are holding us back as individuals. Let us like El Rufai and Ngozi Iweala do our bit for the country and stop expecting miracles. Posted by Palamedes| 18.12.2005 16:51

Chinedu

# 5 Dear Yinka, dont mind these rabble rouser's, who oppose every positive article on the forum withought contributing their's.We appreciate what you are doing.Keep it up. God bless. Cheers Chinedu. Posted by Chinedu| 18.12.2005 19:05

malcolm12398  Villager

# 6 This is a very interesting piece and it raised a lot of questions some of which I would try to provide answers to with my residue knowledge of Nigerian law, which I’ve not practiced for 2 years now, and that’s a long time to be away since law is a dynamic profession. First, on the issue legitimacy or otherwise of the constitution under the military. The constitution does not lack legitimacy under the military; it might lack popularity and might not address some fundamental issues that might help in moving the country forward. This is because a military regime is a valid regime under the law. What I mean by that is where there’s a coup, once the coup succeed the regime that evolves as a result of that coup is legitimate so any law made by that regime is legitimate. So when the Nigerian constitution was promulgated under the military, it is a good law. Now if there’s any shortcoming in the constitution, the constitution has provisions as to how to amend it. Those who claim to be representatives of the people are the ones that should have done their jobs by amending any obnoxious provisions of the constitution. That they have not done instead they are busy carrying Ghana must go all over the place. As to the issue of immunity, the idea is to allow chief executives to carry out state business without worrying about a court case they have to answer to. This is because people could get them distracted by filling all sorts of cases, genuine and frivolous against them just to make them ineffective. It is inherently a good thing, it is just that it is being abused like every other good ideas in Nigeria. Instead of serving the people they are hiding under it to steal the people blind. That wasn’t the idea behind immunity. If however, the states and national assemblies would do their job by getting rid of any executive that is reasonably believed to have abused his office the immunity clause would not be such a bad idea but until some of these clowns wake up to their responsibilities Nigeria is not ripe for that clause. On making reforms issues of law, that would not work. One what if the reform is not such a good idea, subsequent government would be saddle with it. At any rate, if succeeding government does not like the reform all they have to do is amend the law and the reform dies. Laws can be amended just as reforms can be done away with. There are 3 tiers of government. If the Federal government withdraws the allocation of the states or the states the local government just as Palamedes pointed out the aggrieved party should go to court. If there’s a court order that was not obeyed, the court should learn to use their inherent power and get whoever is responsible to show cause or be jailed under contempt of court. They will not be able to do that to the President because of the immunity clause, but guess what, they should wait patiently for him to leave office, arrest him and ask him to show cause why he should not be jailed for contempt. That would serve as a lesson to subsequent executives. This is because a crime can be tried at anytime. Sometimes I wonder if Nigerian judges are aware or maybe they are afraid of exercising their powers under the constitution. The Nigerian police is a creation of the constitution. It is a centralized. If we feel like that is not right, then we should get the clowns at the National Assembly to amend that. That after all is their job, to legislate. On the trial and error attitude of politicians, does anybody know under what ideology they are voted? If a man doesn’t have a program how can he execute it? So we may be stuck with the trial and error approach till our politicians seek vote on ideology basis. We all know why project are not completed, the same reason why we’re in this mess, CORRUPTION! Like I said, the judiciary needs to make examples of some of the people disobeying its orders. The constitution envisaged that and empowered them accordingly. Could you please tell me where to get the revocation of citizenship stuff you mentioned, I sure would love to read about that because that would be a disaster. You seem to have suggested in your write up that only the National Assembly have the right to revoke citizenship. That is the only meaning I can give to your assertion. For the avoidance of doubt, I’d reproduce it here: “Obasanjo is not the Nigerian national assembly and hence cannnot revoke Alaimeyesegha's citizenship, since the assembly has not done so” Under the Nigerian constitution, no one can revoke the citizenship of Nigerians. An individual on his own can throw away his citizenship and even then you can always have it back because you are a natural Nigerian. Now if you naturalized, your citizenship can be revoked but not if you are a Natural born Nigerian. If that is the case not only the person affected but all Nigerians should kick against that because then it could happen to you. As a matter of fact, if you have no passport you can still enter Nigeria if you are a citizen. Please tell me that is just a “December fool story” On the issue of extradition, it depends on whether or not there is an extradition agreement between Nigeria and UK. If there’s one, and I know there’s one Alaimeyesegha can only be tried in the UK because that is where he’s alleged to have committed an offence he cannot try him in Nigeria. All he has to do if you try to try him in Nigeria is to raise the issue of jurisdiction. Nigeria court can only have jurisdiction if he is accused of the same offence in Nigeria. The fact would be that he planned the crime in Nigeria and he actually initiated it in Nigeria. As long as he’s not being accused, then to UK he must go to defend the allegation. Lastly. Obasanjo lack the authority to dissolve his own government. Rigging or not, the general fact is that he claimed to have Nigerians mandate to govern them. He can resign, he can also be impeached but he can’t dissolve. Any attempt by him to do that would be a violation of the constitution. That is my humble contribution Michael O. Ewetuga Posted by malcolm12398| 18.12.2005 22:42

Unregistered

# 7 To Mr Ewetuga, Thank you for your legal input. By suggesting that the national assembly can revoke someone's citizenship I was Only stating that since the assembly is the ultimate law making body of the nation, they can choose to find a way within the constitution, either to amend, legislate a new law or any other act within their legialative power to revoke such an individual's citizenship. This, President Obasanjo can not do. Again, about reforms, to me, what is termed as reforms today in Nigeria is nothing more than the basic, that a minister ensures that an hitherto neglected master plan of the capital city is restored or that he is going to introduce mundane things such as a mass transit is not anything to be all hyped about. I suggest that whatever it is that we call reform, should be all the things that are primarily what a responsible government ought to do, the only difference will be the drive and tenacity of the executors. As such, we can pass a way of life from one government to another and one generation to the next. It should not be about those who execute the policies but that the policies are universally sound and applicable for a long period of time. Going back to the basics and holding each and everyone accountable will go a long way to leaving a system of government that is endurable. That successive Nigerian governments are able to alter the system of government after the exit of their predecessor goes to show how rootless those reforms are. Let me make a brief example; in order for the Nigerian government to be seen to be moving in an evolutionary manner, the basics that am referring to would include something as trivial as getting a driver's license with no tears. In a government run by the rule of law and where things work, all a citizen would need to do is make a trip to the department of motor vehicle and get access to all relevant information, note that this information should be readily available and you wont have to patronize any government official, within a few minutes, you should have been able to gather all the necessary information and be on your way out. How does this affect the office of the Minister of transport for instance, except may be only to provide the necessary leadership. So when I said, lets avoid the personalization of what is now called reform in Nigeria, all am saying is, lets strive for a government that will carry out its primary responsiblity and one that will not be over his head over a few successes, most of which he is responsible for anyway. Why do you have to extradite Alami? Not only has he broken British law, he has broken Nigerian law also. Unless, you are suggesting that, corruption is legally acceptable in Nigeria. Besides, the bulk of the loot is Nigerian money, isn't it imperative that we rather prosecute him in Nigeria. What other nation extradite her citizens for crimes other than murder or terrorism? Could you tell me in all honesty that if an American is arrested in Germany on allegations of money laudering, the source of which is America and he was able to escape German justice, the United States would extradite such an individual back to Germany because of some so called treaties? The answer is no. The United States would rather prosecute and jail such an individual in their own country and save themselves of further embarrassment. Ironically, it is this same kind of thinking that gives rise to Nigerian peace keeping in other African countries and we end up not getting anything back. Smart nations, when they go in to keep peace, they also exert influence and bid for lucrative post conflict reconstruction contracts, this way, they will re coup their investment and all sides will leave happy. But not Nigeria, it seems we are always confused about our role either in Africa or around the world. Even though we claim to be the giant of Africa, tiny Cameroun we can't contain! So, extraditing Alami will do us no good!! As for Obasanjo dissolving his government, this is just to sum up the frustration Nigerians are faced with under this government, at the very least, we can expect that he will leave the scene in 2007 and handover government to a reputable successor in the form of Rufai or Iweala. I believe these two will do a better job than Obasanjo any day. But please it should be done democratically. The rest of the points you raised will be answered in my response to Palamedes. Thank you and Merry christmas. A.Y.Ajia Posted by Unregistered| 19.12.2005 00:03

Unregistered

# 8 To Palamedes, These are the answers to the points you raised; 1. Obasanjo whimsically withheld Lagos state's allocation because of disagreements over the creation of some local governments. He did the same to Bayelsa recently because of Alami. 2. The President disregarded a supreme court ruling that mandated the presidency to release to the government of Lagos state the withheld funds. 3. You want to know the outcome? President Obasanjo has continued to demonstrate that he is out of step with the Nigerian people, and he has showed clearly his disdain for the rule of law. What other outcome do you expect, yes, the Lagos state government took the presidency to court, all the way to the supreme court, but the head of the executive arm of government treated the eminent justices of the supreme court with disrespect. However, I like to point out that I do appreciate the way you concluded by saying that(paraphrasing your submission) synergy will come from us as individuals working together. Thank you. A.Y.Ajia Posted by Unregistered| 19.12.2005 00:24

Unregistered

# 9 So 0bj was talking about revoking citizenship of a Nigerian? Hahahahaha What grandiosity of the worst sort. Just when you think you've seen it all, nigerian politicians throw up another surprise. Na proper kai-kai republic nigeria be. Posted by Unregistered| 19.12.2005 09:38

Palamedes  Villager

# 10 Ajia, thanks for coming back... This is what discussion is all about: you present your point of view, I present mine; and then you can come back to clarify or add to your earlier point of view, et cetera. No "If you don't agree with me then you are a fool" here. the basics that am referring to would include something as trivial as getting a driver's license with no tears. This is not a trivial matter at all, and continuing my theme on individual responsibility, indeed, in a reply to an article on NVS, I advocated government-to-people and organization-to-people charter. For example, a charter on passport processing would state the length of time required to deliver a new passport. All persons involved in processing the passport application must sign and state how many minutes, hours, days, or weeks they participated in the workflow. The charter should penalise the individuals – not (faceless) departments – for any delay in delivery beyond the agreed length of time. Whoever is responsible for the delay in the workflow must have a deduction in salary. If this person is a persistent offender, he or she must be sacked. This process will ensure that civil servants cannot withhold your passport in return for bribe, as they will be working to meet deadlines. The government-to-people, call it a top-down approach have disappointed us all, we must now also try the bottom-up approach whereby the individual takes the centre stage in his/her life and family. The more centre stages we have the greater the synergy yield. Posted by Palamedes| 19.12.2005 13:49

---

The conversation continues in our forum. Click here to read all comments

---