THE DETERMINING FACTORS THAT STIMULATES LEGISLATION IN A DEMOCRACY
BY
Mu’azu M. Yusif
Department of Political Science
Bayero University,
Kano
Introduction
The topic given to me by organisers of this workshop is “the Determining Factors that Stimulates States’ Legislation, Government Policies and Implementation”. The title appears too wild and ambitious because it seeks to address both law making by the legislature and policy formulation and implementation by the Executive Arm of Government as one single process. Indeed, in an ideal democracy the two must be separated. Otherwise democracy practice would be truncated. There is no doubt that as Akpan noted, “policy is a form of law made by the government or governing bodies of organisation to govern, direct, control and regulate members of the organisation” (Martin Harrop, 1992:26). A policy may take a legal form of law passed by the legislature or it may only be a decision of a government cabinet or board of directors of a public corporation or institutions issued by departmental authorities.
That is why in Nigeria today as in any democratic setting there is a legislature which is distinct in its constitutional responsibilities from the Executive. The former makes the law. However, the procedure of initiating a law is either from the government (public bill) or from a member of the House (private bill). The Executive implements the law. Just like making a law by the legislature takes a long process, the implementation also does. Because the Executive has to define the provisions of the law, set the goal to be achieved, and evaluate what may be the outcome when implemented. This process normally causes friction between the legislature and the Executive.
As this is a gathering of members of House of Assembly, a House of law makers. I have slightly changed the topic to read as “the determining factor that stimulates legislation in a democracy”. I have done this with due respect of the organisers of this workshop and in order not to engage my audience into diversions on the responsibilities of the Executive Arm of Government.
Powers of the Legislature in a Democracy
In modern society whether democratic or not democratic legislative Acts are made for the governance of the society. You may recall that during the long period of military rule in Nigeria there was the supreme military council. It was the law making organ of the government. When Babangida’s government came in the name was changed to Armed Forces Ruling Council Performing the same function of law making. In a democracy it is simply the legislature.
What is democracy? Controversies abound the concept of democracy. I do not intend to take you through these controversies. However, the most popular conception in the current discourse on democracy is liberal democracy. One important element of this form of democracy is political competition whose most common form has been the competition of political parties (Alan Hunt, 1980: 16). Political competition plays a decisive role in modern liberal democracy because it gives opportunities for other political groups to take over state power. In a more elaborate discussions on democracy it is seen as “a meaningful and extensive competition among individuals and organised groups (especially political parties) for all effective position of government power at regular intervals and excluding the use of force; a highly inclusive level of political participation in the selection of leaders and policies; at least through regular and fair elections, such that no major social group is excluded; and a level of civil and political liberties-freedom of expression, freedom of the press, freedom to form and join organisations sufficient to ensure the integrity of political competition and participation” (Diamond, Linz, and Lipset, 1988: xvi).
In the above passage the meaning of democracy is brought out. The Constitution of the Federal Republic of Nigeria 1999 has provided for all these for democratic governance of Nigeria. One of these provisions is the National Assembly and the state Assembly. These constitute the legislative Arms of Government at Federal and State levels respectively. The National Assembly is the supreme law making organ of the land. It is divided into two (the senate and the House of Representatives).
The constitution has vested on the National Assembly it the power to make laws for the peace, order and good government of the federation. These powers are spelt out in section 4 of the second schedule of the constitution under the title exclusive legislative list. There are about 66 items in this list over which the federal legislature has exclusive jurisdiction. Additional powers are also granted it to make laws on the 30 items under the concurrent list (part II of second schedule). This power, however, is shared with the state assembly, but in the event of conflict between a state and federal law the later prevails.
One very good example of the power of the National Assembly and the State House of Assembly is on the approval and monitoring of the budget of the Federal Government by the National Assembly and of the state by the state Assembly. Accordingly both Executive and judiciary depend on the legislature to consider, amend, alter and approved their budgets. Even the implementation of the budget passed must be monitored and investigated by the legislature. As no public fund can be spent on any purpose other than those prescribed by the legislature. The power of investigation is one of the most potent powers of the legislature. The constitution of the Federal Republic of Nigeria 1999 empowers each House to investigate on “any matter with respect to which it has power to make laws”. This include the conduct of affairs of any person (including the President or Governor of a State), authority, Ministry or Government department charged with or intended to be charged with the duty of or responsibility for administering law, enacted by the National Assembly/State Assembly and disbursing or administering moneys appropriated or to be appropriated by the legislature.
However, the legislature cannot make any law that is inconsistent with the provisions of the constitution. Again, the legislature must respect the judiciary by not passing laws on issues which a court of law or judicial Tribunal is already considering.
The Economy, Politics and the Legislature
Members of the National and State Assembly are directly elected by the people to represent them. So, they are in the legislative Houses on behalf of their people. The country is divided into constituencies for that purpose. There are senatorial constituencies, National House of Representatives constituencies and State Assembly Constituencies.
When the constitution of the Federal Republic of Nigeria 1999 was being processed to be promulgated into law by the then Military regimes (Abacha and Abdussalam) there was cry from the public to make provision of an independent candidate. By an independent candidate it means any citizen of Nigeria who does not want go with any political party can stand for an election under his/her own election programme and manifesto. This is refused to be incorporated into the constitution. Therefore, any body that would stand for elections must be fielded by a political party. So, all of you here are members of political parties. I understand that majority of you in Kano State House of Assembly are members of ANPP while some very few seats are PDP.
It is now possible to understand more clearly what factors could determine law making functions of the legislature in a democracy. First and foremost (as we can see from the discussion above) is the constitution of the Federal Republic of Nigeria 1999. The constitution specifies the areas which both the National Assembly and the state Assembly can make law on. It also provides what the legislature cannot do. The second most important factor is the party manifesto of the ruling party and of elected members of the legislature. This is because both the government and the legislators are theoretically elected on the basis and promises of their party manifestoes.
In addition to ones mentioned above others are the economy, the polity, the civil society and the political orientation and dispositions of members of the House. The economy of the society, its growth and relationships tell a lot about the progress society made and the development of the people of the society. The working of economy is very complex. It may show favourable growth today and tomorrow it goes into crisis and slow growth. But I think a creative leadership guided by certain principles can be able to take the right decision to manage the economy very well. Then the policy. Fortunately we are talking about legislative roles in a democracy. In the spirit of democracy, members of the legislative bodies should create ways and methods of interactions and meetings with the people they represent so they could know their feelings, problems and needs, which could be channelled through a legislative process to solve their problems. This brings us to the next factor, that of the civil society. I do not intend to carry you into the discourse on the civil society. In a simple terminology the civil society is that of the society not of the state. They include virtually any organisational endeavour e.g. all private agencies, non-governmental organisations, business and philanthropic concerns which originate outside of the state sector. The civil society is a powerful engine for democracy and so in order to move our democratic practices forward the law makers should be encouraged to work together with the civil society. It is said that any democracy that does not recognise civil society is bound to fail. Finally, individual members of the National and State Assembly should be people of integrity with principled political orientation and nationalist feeling to move this country out of corruption, ethnic trivialities, increasing foreign control of the economy etc.
Problems encountered by the Legislature while making Law
The legislature is the life wire of democratic governance in modern political system. It is only in a democracy the legislative arm of government is specially institutionalised to check the powers of the Executive and Judiciary and to show to the people that they are represented in every action of the government. Thus it is imperative in the logic of democratic politics that the legislature is allowed to operate with maximum freedom. Otherwise not really a democracy could be seen as in the case of Nigeria in Obasanjo’s first term.
One of the major problems of law making in this period is an excessive executive intervention in the affairs of the National Assembly. Events have shown deliberate intention on the part of the presidency to continually pressure the National Assembly with a view to making the National Assembly does only what the executive wants. If the National Assembly seeks to amend, review or advice the president that is confrontational. So throughout the period was an unhealthy relationship between the two arms of government (Legislature and Executive). This resulted in increasingly anti-democratic and authoritarian manifestations in the political system which in turn affects the performance of the National Assembly for lack of support and cooperation from the entire apparatuses of the executive, especially for providing data which the law makers could use to find the numerous solutions to Nigeria’s economic problems.
Conclusion
In closing, it may be said that much of the expectations about the welfare and development of the citizens of Nigeria depends on the Legislative Arms of the Governments at the centre and at state level. In order to meet the aspirations of the people and promote the spirit of democracy in the country the law making bodies must adhere to principles of separation of powers between the legislative and executive arms of government. The two arms are to cooperate only on interest of the people.
References
Alan Hunt (ed) 1980: Marxism and Democracy, Lawrence and Wishant, New Jersey
Diamond L., Linz J. J., Lipset S. M. (ed) 1988: Democracy in Developing Countries, Volume Two Africa, Boulder Lynne Riener
Federal Republic of Nigeria: The Constitution for the Federal Republic of Nigeria 1999
Martin Harrop (1992): Power and Policy in Liberal Democracies, Cambridge University Press, London
Friday 31 August 2007
Tuesday 21 August 2007
THE LINGERING REVOLUTIONARY SITUATION IN NIGERIA; (AN OPEN LETTER TO BALARABE MUSA)
THE LINGERING REVOLUTIONARY SITUATION IN NIGERIA; (AN OPEN LETTER TO BALARABE MUSA)
By
Dr. Ibrahim Braji
A Response
By
M.M. Yusif
10/03/04
I have read your essay and have made the following observations. Specific suggestions on re-organisation of the work is hereby attached.
1. A revolution is a serious class project in which the understanding of revolutionary situation must be scientifically grounded in existing relations of forces in the country. Not merely speculation based on old theories and traditional left practices on the matter.
2. It is understandable that in Nigeria of today both in the knowledge industry and in practical politics of radical class popular movements the question of state, class, ideology and revolution is dead. This is not surprising because this is also a global development.
3. Nevertheless, this contribution on Nigeria is a very promising project. In a serious academic environment it should be able to bring back the discussion on the issue of revolution in a neo-colony.
4. On this basis the present reality and situation must be taken into consideration. Indeed, Nigeria of today is part of a globalizing world economy being governed by market both at political and economic level.
5. This development has brought profound transformations both in our economics and in our politics. Although it remains a neo-colonial economy, yet the structure of the economy, the formation of classes and their political interests have changed dramatically.
6. In academic discourse, now common in the literature is that the proletariat we knew and used to talk and discuss about is no longer the same with the proletariat of today. In fact, I have come across a powerful argument which says there is no more proletariat. There is another name given to the reminants of that class.
7. It is the same with other class forces. In view of the current development in world politics and world economy, I will not hesitate to ask the question that, is there really an indigenous bourgeoisie in neo-colonies? At least in Nigeria. May be all of us now are various strata of middle classes.
8. Whatever is the case the classes now in Nigeria are different constitutes. Therefore, the question of strategy and tactics is a major question which not only must be addressed but also must be reviewed. Is it wrong to say there is world bourgeoisie today? I think more than any time in the history of global economy, this question may be correct now.
9. Therefore, if you are talking of revolution in Nigeria today, whom are you going to fight? Who is to lead the revolution? What project will replace the present order?
10. Indeed, in Nigeria today, any discussion about revolution should first address the SAP and its political version i.e. the IMF Democracy being on now. I think to address these issues may not be by a classical method of class struggle known to us. May be an ideology and method of struggle around nationalism may reactivate the social forces.
By
Dr. Ibrahim Braji
A Response
By
M.M. Yusif
10/03/04
I have read your essay and have made the following observations. Specific suggestions on re-organisation of the work is hereby attached.
1. A revolution is a serious class project in which the understanding of revolutionary situation must be scientifically grounded in existing relations of forces in the country. Not merely speculation based on old theories and traditional left practices on the matter.
2. It is understandable that in Nigeria of today both in the knowledge industry and in practical politics of radical class popular movements the question of state, class, ideology and revolution is dead. This is not surprising because this is also a global development.
3. Nevertheless, this contribution on Nigeria is a very promising project. In a serious academic environment it should be able to bring back the discussion on the issue of revolution in a neo-colony.
4. On this basis the present reality and situation must be taken into consideration. Indeed, Nigeria of today is part of a globalizing world economy being governed by market both at political and economic level.
5. This development has brought profound transformations both in our economics and in our politics. Although it remains a neo-colonial economy, yet the structure of the economy, the formation of classes and their political interests have changed dramatically.
6. In academic discourse, now common in the literature is that the proletariat we knew and used to talk and discuss about is no longer the same with the proletariat of today. In fact, I have come across a powerful argument which says there is no more proletariat. There is another name given to the reminants of that class.
7. It is the same with other class forces. In view of the current development in world politics and world economy, I will not hesitate to ask the question that, is there really an indigenous bourgeoisie in neo-colonies? At least in Nigeria. May be all of us now are various strata of middle classes.
8. Whatever is the case the classes now in Nigeria are different constitutes. Therefore, the question of strategy and tactics is a major question which not only must be addressed but also must be reviewed. Is it wrong to say there is world bourgeoisie today? I think more than any time in the history of global economy, this question may be correct now.
9. Therefore, if you are talking of revolution in Nigeria today, whom are you going to fight? Who is to lead the revolution? What project will replace the present order?
10. Indeed, in Nigeria today, any discussion about revolution should first address the SAP and its political version i.e. the IMF Democracy being on now. I think to address these issues may not be by a classical method of class struggle known to us. May be an ideology and method of struggle around nationalism may reactivate the social forces.
SOME REMARKS ON METHODOLOGICAL PROBLEMS IN POLITICAL THEORY
SOME REMARKS ON METHODOLOGICAL PROBLEMS IN POLITICAL THEORY
BY
M.M. YUSIF
JUNE, 1985
Department of Political Science
Bayero University, Kano
On Political Philosophy
The writing of this piece was conceived after the first two essay papers for discussion in a political theory class which formed part of the post-graduate programme of the Department of Political Science, Bayero University, Kano. The issue also came to my mind when I was to present an essay for discussion on ‘Khomeini’s State’. I initially attached this as part of the said essay, not because it directly relate with the theme of the paper but hoping that will provide my colleagues with fundamental theoretical background of grasping my propositions on Iran. The main contention of this brief paper is however to make some comments on our conception of political philosophy.
Political theory which is usually inter-changeable with political philosophy, albeit with some differences is theoretically trapped into some laid down norms which not only cause confusion and chaos in contemporary political theorising, but also make it virtually impossible for us to comprehend the nature and content of the problems facing us. What may account to this state of affairs in this discipline may be ideological in the sense that most earlier writers on the subject are methodologically buried in the philosophical tradition of Western Bourgeoisie society.
My central thrust on this issue is that political philosophy, like every other social science discipline is a historical and class phenomenon. Thus with emergence and disintegration of classes, the nature and character of philosophy also changes. Stalin has competently demonstrated this when he stated that “there are old ideas and theories which have outlived their day and which serve the interests of the moribund forces of society. Then there are advanced ideas and theories which serve the interests of the advanced forces of society”. Bourgeoisie philosophers suggested that the mainspring of Plato’s Republic is his aversion to contemporary capitalism and his desire to substitute a new scheme of socialism. This indicated how Plato’s philosophy is approached without putting him into the context of the history of his society and the class he is philosophising for. Our view is that a correct scientific theory should see Plato as a philosopher whose idealism was used as a weapon of class struggle. His theory of justice was merely part of the ideology of the aristocrats at a particular state of Greek society when the growth of trade and agriculture revolutionised the aristocrat landed property and political power. This development of productive forces culminated in democratic movements and revolutions which undermined the slave society. Plato’s interests against these reforms makes him reactionary and ideologue of aristocratic class who wanted to retain political power. In other words, whatever ‘abstract reality’ contained in Plato’s philosophical discourse was to defend slave society. Also whatever survived of Aristotle’s rational philosophy was to suit the dawn of feudal order, at a time when slave society was disintegrating.
The ascendancy of bourgeoisie into politics which is created by the development of productive forces was also a revolution in political philosophy. The moral philosophy of Plato and even Aristotle’s ‘rationality’ became old ideas. While feudalism sustained itself ideologically through religion, capitalism needed a secular environment in order to advance. Natural Philosophy, therefore became a new dimension, in place of theology. Both Locke, Montesquieu, Rouoseau and others came to provide philosophical ground for emerging bourgeoisie.
The maturity of capitalism opens road for progress, not only in regard to the development of productive forces, but also for ideas. As industry made great studies, the proletariat began to consolidate and socialist ideas began to be felt. Hence a new open struggle between the ideologues and philosophers of the bourgeoisie and those of the working class. The German and French socialist philosophers roughed their ideas in utopian and metaphysical tendencies. Marxism, the only correct philosophical formulation of the working-class transcended the historicism of the German and French philosophers by advancing ahistorical and dialectical materialism which together with political economy became the new methodological approach of the oppressed people. Positivism in philosophy simultaneously cropped up by ideologues of the bourgeoisie to neutralise the metaphysics of the French and German philosophers and revolutionary ideas of Marxism by positing that philosophy could neutralise facts and values.
BY
M.M. YUSIF
JUNE, 1985
Department of Political Science
Bayero University, Kano
On Political Philosophy
The writing of this piece was conceived after the first two essay papers for discussion in a political theory class which formed part of the post-graduate programme of the Department of Political Science, Bayero University, Kano. The issue also came to my mind when I was to present an essay for discussion on ‘Khomeini’s State’. I initially attached this as part of the said essay, not because it directly relate with the theme of the paper but hoping that will provide my colleagues with fundamental theoretical background of grasping my propositions on Iran. The main contention of this brief paper is however to make some comments on our conception of political philosophy.
Political theory which is usually inter-changeable with political philosophy, albeit with some differences is theoretically trapped into some laid down norms which not only cause confusion and chaos in contemporary political theorising, but also make it virtually impossible for us to comprehend the nature and content of the problems facing us. What may account to this state of affairs in this discipline may be ideological in the sense that most earlier writers on the subject are methodologically buried in the philosophical tradition of Western Bourgeoisie society.
My central thrust on this issue is that political philosophy, like every other social science discipline is a historical and class phenomenon. Thus with emergence and disintegration of classes, the nature and character of philosophy also changes. Stalin has competently demonstrated this when he stated that “there are old ideas and theories which have outlived their day and which serve the interests of the moribund forces of society. Then there are advanced ideas and theories which serve the interests of the advanced forces of society”. Bourgeoisie philosophers suggested that the mainspring of Plato’s Republic is his aversion to contemporary capitalism and his desire to substitute a new scheme of socialism. This indicated how Plato’s philosophy is approached without putting him into the context of the history of his society and the class he is philosophising for. Our view is that a correct scientific theory should see Plato as a philosopher whose idealism was used as a weapon of class struggle. His theory of justice was merely part of the ideology of the aristocrats at a particular state of Greek society when the growth of trade and agriculture revolutionised the aristocrat landed property and political power. This development of productive forces culminated in democratic movements and revolutions which undermined the slave society. Plato’s interests against these reforms makes him reactionary and ideologue of aristocratic class who wanted to retain political power. In other words, whatever ‘abstract reality’ contained in Plato’s philosophical discourse was to defend slave society. Also whatever survived of Aristotle’s rational philosophy was to suit the dawn of feudal order, at a time when slave society was disintegrating.
The ascendancy of bourgeoisie into politics which is created by the development of productive forces was also a revolution in political philosophy. The moral philosophy of Plato and even Aristotle’s ‘rationality’ became old ideas. While feudalism sustained itself ideologically through religion, capitalism needed a secular environment in order to advance. Natural Philosophy, therefore became a new dimension, in place of theology. Both Locke, Montesquieu, Rouoseau and others came to provide philosophical ground for emerging bourgeoisie.
The maturity of capitalism opens road for progress, not only in regard to the development of productive forces, but also for ideas. As industry made great studies, the proletariat began to consolidate and socialist ideas began to be felt. Hence a new open struggle between the ideologues and philosophers of the bourgeoisie and those of the working class. The German and French socialist philosophers roughed their ideas in utopian and metaphysical tendencies. Marxism, the only correct philosophical formulation of the working-class transcended the historicism of the German and French philosophers by advancing ahistorical and dialectical materialism which together with political economy became the new methodological approach of the oppressed people. Positivism in philosophy simultaneously cropped up by ideologues of the bourgeoisie to neutralise the metaphysics of the French and German philosophers and revolutionary ideas of Marxism by positing that philosophy could neutralise facts and values.
GUIDE TO LABOUR STUDIES PROGRAMME IN THE DEPARTMENT OF POLITICAL SCIENCE, BAYERO UNIVERSITY, KANO
GUIDE TO LABOUR STUDIES PROGRAMME IN THE DEPARTMENT OF POLITICAL SCIENCE, BAYERO UNIVERSITY, KANO
BY
MA’AZU MOHAMMED YUSIF
BEING A MEMORANDUM SUBMITTED TO THE DEPARTMENT OF POLITICAL SCIENCE.
MARCH, 1987
Introduction:
The establishment of Labour studies institute/Centre in Kano is long over-due. I know of two attempts by individuals and groups to start a Labour study institute which failed possibly due to lack of institutional and financial support. The present initiative in the department of political science, Bayero University Kano to start Labour studies programme will be a fine development if pursued with deserved seriousness and courage. I mean courageous because of the likely obstacles on our way.
A Labour study programme should go beyond a programme of teaching Labour courses. It should incorporate many other supporting elements to evolve a mature Labour study programme. The purpose of this paper is to outline the components of the Labour studies programme and make some comments so as to serve as basis for discussion by members of the Department and the departmental committee on Labour studies in particular. The paper is divided into three sections. The first section is an attempt to highlight the significance of Labour studies centre in Kano. The second section gives and comments on the components of the proposed labour studies programme. Finally is the conclusion and recommendations.
I. The Significance of Labour Studies Programme in Kano
Despite the fact that Nigeria is one of the developing countries with large industrial and other categories of working people, with long history of trade Unionism, oppressive labour laws, oppressive conditions of work especially in manufacturing industries and with Trade Unionists and academics nursing the ambition of a Labour studies institute, there is no comprehensive labour Research/studies centre throughout the country. We can only boast of disorganised research and labour studies section in some Research Institutes, University Libraries and the National and state secretariats of the Nigerian Labour Congress.
I can confidently state that Kano provides the best point for Labour Research and studies programme in the country. With the possible exception of Lagos, Kano has the largest concentration of industries, industrial and other non-industrial works, and trade union organisations. Our programme will undoubtedly have a lot to utilise from these developments.
Secondly, the on-going dynamics of crisis and industrialisation process in the country has a far-reaching consequences, creating new conditions in the process which will be of great benefit to scholars interesting in Labour studies. I have personally visited some industries in Kano, and my conclusion is a more systematically funded research work to study the problems observed.
Thirdly, though the labour studies programme will have a wider national and international coverage, there is in recent years a growing interest in the study of working-class development and actions, and labour process and capitalist development in Kano, which surpassed the record of any other place in the country.
II. Guidelines for the Labour Programme
The labour studies programme should in broad terms be plan to in-corporate the following:
A labour Research Unit.
A labour Data Bank.
Labour courses at undergraduate and other levels.
A publication Unit.
To promote co-operation with labour study groups all over the world, and to liaise with international labour research organisation and groups.
To encourage a compilation of selected bibliography on historical and contemporary materials on labour in Nigeria.
To organise annual workshop and conferences to discuss labour issues.
Labour Research Unit:
Until recently, few labour researches and publications are not restricted to legal and institutional aspects of industrial relations. Shop floor studies in particular are not many. The reason can be attributed to harassment by state and employers, on exposing conditions of work in industries. On then other hand, there is lack of interest by academics on labour research in the country. If one compares level of political and economic repression in countries of south and south-east Asia, with that of Nigeria, it is certainly at higher level over there. Yet academics and labour Activists produce marvellous research output on various aspects of labour and Trade unionism. With adequate institutional and financial support intellectuals working on Nigeria can do the same.
Important studies such as Peter Walterma’s, Paul Lubeck and Andrain Peace should be continued at higher level of theoretical focus. Rauf’s work and that of Olukoshi on Kano highlights important trends on labour process and capitalist Development. The recent and on-going works by Beckman and Bangura on Textiles and Automobile industry respectively are very useful exposure of labour process and labour struggles in the period of economic crisis. Thus studies on labour process at industry level and every sector of the economy should be on our labour research programme. Julius Ihonvbere’s work on labour in the oil industry is quite revealing. Such work should be extended and others in the agricultural and other sectors commissioned. Rural wage labour is particularly inadequately represented in Nigeria’s labour Research output. Jackson’s and Lennihan’s research work on rural wage labourers in Kano and Northern Nigeria respectively are speculations. But there are many interesting information that can be found on rural wage-labour in many research projects on irrigation projects in the country. There are many such projects in the Department of Political Science and Sociology of Ahmadu Bello University, Zaria. Jega’s thesis on Bakolori is also a major source of background information. The cocoa region of western Nigeria also requires rigorous research. It is a most important single region in the country with abundant rural wage-labourers. I know of many historical materials on that but contemporary development is not sufficiently explored.
Therefore, our research unit can contribute immensely to labour studies by promoting research on among other things, labour process and industrialisation, labour research in rural arrears, at industry level and various sections of the economy. Also important will be studies on strikes, Trade Union politics, etc.
Labour Data Bank
There are many sources that can be effectively utilised to obtain materials and documents on the development of Nigeria working-class and working-class Movement. Adamu’s paper: Nigerian Trade Union Studies’ A Survey: contains many relevant sources, organisations and research centres that can be utilised to secure abundant research materials on labour in Nigeria. Secondly, there are dozens post-graduate research essays on labour in Nigeria, written in Nigerian Universities, and many in Europe and America that may be useful to document.
Labour Courses:
Labour courses can be arranged at the following levels:
1. Seminar course for labour Activists.
2. Diploma certificate course for Trade Unionists.
3. Courses on Labour and Trade Unionism for undergraduate students.
It is hope that labour courses for labour Activists may attract the “super secretaries” of our trade unions, instead of going to Europe, America and Moscow for such training. Such training may be structured to deal with state-trade union relations; employer-trade union relations; labour organisations, public relations, labour legislations and decrees, the system for industrial arbitration, etc.
For students at undergraduate level, courses like Development of Trade Unionism in Nigeria, Industrial relations, Trade Unions in Africa, labour and industrialisation in “Newly Industrialising countries” etc. may be organised.
A Publication Unit:
A publication unit is essential to give confidence and courage to staff and students, and all other people involved in the programme, and to disseminate our work. Seminar and research can be binded as occasional monographs. Important labour reports, speeches, and document, from labour Activists can also be binded and circulated. This will even create and cement co-operation with Trade Union Movements. Important and rich research output or collection of monographs can be published or sponsored for publication by a reputable publication company.
Co-operation with other Labour study Groups:
Labour studies cooperation with experienced labour studies Groups worldwide can enhance our work and lead to a qualitative research out-put. Some labour study Groups such as Akut Labour Studies Group Uppsala; Centre for Working life Stockhelm; and International Labour studies: the Hague, Netherlands are experienced in labour research/studies in developing countries of Africa, Asia and Latin America. Association with them even if is at level of exchange of materials and/or staff will be fruitful to our fine intentions to inaugurate labour studies programme in the Department. The International Labour Organisations, World Employment Programme Research has many branches, such as Rural Employment Policy Research Programme, Women Workers Research Programme, etc. whose staff and research fellows work in Nigeria.
Selected Bibliography:
We can as a matter of urgency embark on a compilation of selected Bibliography on labour and labour Movement, which can be used by staff and students in research and teaching. We cannot successfully embark on labour studies and research if we do not even know the existing materials on the subject and its scope.
Labour Studies Workshop:
We can organise a biannual or annual workshop to provide a forum to report and discuss labour research. The workshop can subsequently be use invite individuals and groups from outside the country to exchange views and about the situation of the working-class and unions in our countries, in subjects such as labour laws; industrial unrest, labour process and living standard of factory workers, etc. This may in the final analysis serve as a way of creating understanding and cooperation between trade unions and labour studies groups world-over.
III. Conclusion:
However, these can be evolved gradually. A Departmental Labour Research Group comprising all interesting members in labour studies can be constituted to promote individual and collective labour Research efforts. Our students, especially final year ones and those undergoing post-graduate programme can be encouraged to carry on research on labour issues.
Furthermore, I suggest that as from next session we introduce some labour courses at under-graduate level, even if is under our “special Topic” courses. All these can be given further impetus if we associate with experienced labour research Groups and individuals within and outside the country.
BY
MA’AZU MOHAMMED YUSIF
BEING A MEMORANDUM SUBMITTED TO THE DEPARTMENT OF POLITICAL SCIENCE.
MARCH, 1987
Introduction:
The establishment of Labour studies institute/Centre in Kano is long over-due. I know of two attempts by individuals and groups to start a Labour study institute which failed possibly due to lack of institutional and financial support. The present initiative in the department of political science, Bayero University Kano to start Labour studies programme will be a fine development if pursued with deserved seriousness and courage. I mean courageous because of the likely obstacles on our way.
A Labour study programme should go beyond a programme of teaching Labour courses. It should incorporate many other supporting elements to evolve a mature Labour study programme. The purpose of this paper is to outline the components of the Labour studies programme and make some comments so as to serve as basis for discussion by members of the Department and the departmental committee on Labour studies in particular. The paper is divided into three sections. The first section is an attempt to highlight the significance of Labour studies centre in Kano. The second section gives and comments on the components of the proposed labour studies programme. Finally is the conclusion and recommendations.
I. The Significance of Labour Studies Programme in Kano
Despite the fact that Nigeria is one of the developing countries with large industrial and other categories of working people, with long history of trade Unionism, oppressive labour laws, oppressive conditions of work especially in manufacturing industries and with Trade Unionists and academics nursing the ambition of a Labour studies institute, there is no comprehensive labour Research/studies centre throughout the country. We can only boast of disorganised research and labour studies section in some Research Institutes, University Libraries and the National and state secretariats of the Nigerian Labour Congress.
I can confidently state that Kano provides the best point for Labour Research and studies programme in the country. With the possible exception of Lagos, Kano has the largest concentration of industries, industrial and other non-industrial works, and trade union organisations. Our programme will undoubtedly have a lot to utilise from these developments.
Secondly, the on-going dynamics of crisis and industrialisation process in the country has a far-reaching consequences, creating new conditions in the process which will be of great benefit to scholars interesting in Labour studies. I have personally visited some industries in Kano, and my conclusion is a more systematically funded research work to study the problems observed.
Thirdly, though the labour studies programme will have a wider national and international coverage, there is in recent years a growing interest in the study of working-class development and actions, and labour process and capitalist development in Kano, which surpassed the record of any other place in the country.
II. Guidelines for the Labour Programme
The labour studies programme should in broad terms be plan to in-corporate the following:
A labour Research Unit.
A labour Data Bank.
Labour courses at undergraduate and other levels.
A publication Unit.
To promote co-operation with labour study groups all over the world, and to liaise with international labour research organisation and groups.
To encourage a compilation of selected bibliography on historical and contemporary materials on labour in Nigeria.
To organise annual workshop and conferences to discuss labour issues.
Labour Research Unit:
Until recently, few labour researches and publications are not restricted to legal and institutional aspects of industrial relations. Shop floor studies in particular are not many. The reason can be attributed to harassment by state and employers, on exposing conditions of work in industries. On then other hand, there is lack of interest by academics on labour research in the country. If one compares level of political and economic repression in countries of south and south-east Asia, with that of Nigeria, it is certainly at higher level over there. Yet academics and labour Activists produce marvellous research output on various aspects of labour and Trade unionism. With adequate institutional and financial support intellectuals working on Nigeria can do the same.
Important studies such as Peter Walterma’s, Paul Lubeck and Andrain Peace should be continued at higher level of theoretical focus. Rauf’s work and that of Olukoshi on Kano highlights important trends on labour process and capitalist Development. The recent and on-going works by Beckman and Bangura on Textiles and Automobile industry respectively are very useful exposure of labour process and labour struggles in the period of economic crisis. Thus studies on labour process at industry level and every sector of the economy should be on our labour research programme. Julius Ihonvbere’s work on labour in the oil industry is quite revealing. Such work should be extended and others in the agricultural and other sectors commissioned. Rural wage labour is particularly inadequately represented in Nigeria’s labour Research output. Jackson’s and Lennihan’s research work on rural wage labourers in Kano and Northern Nigeria respectively are speculations. But there are many interesting information that can be found on rural wage-labour in many research projects on irrigation projects in the country. There are many such projects in the Department of Political Science and Sociology of Ahmadu Bello University, Zaria. Jega’s thesis on Bakolori is also a major source of background information. The cocoa region of western Nigeria also requires rigorous research. It is a most important single region in the country with abundant rural wage-labourers. I know of many historical materials on that but contemporary development is not sufficiently explored.
Therefore, our research unit can contribute immensely to labour studies by promoting research on among other things, labour process and industrialisation, labour research in rural arrears, at industry level and various sections of the economy. Also important will be studies on strikes, Trade Union politics, etc.
Labour Data Bank
There are many sources that can be effectively utilised to obtain materials and documents on the development of Nigeria working-class and working-class Movement. Adamu’s paper: Nigerian Trade Union Studies’ A Survey: contains many relevant sources, organisations and research centres that can be utilised to secure abundant research materials on labour in Nigeria. Secondly, there are dozens post-graduate research essays on labour in Nigeria, written in Nigerian Universities, and many in Europe and America that may be useful to document.
Labour Courses:
Labour courses can be arranged at the following levels:
1. Seminar course for labour Activists.
2. Diploma certificate course for Trade Unionists.
3. Courses on Labour and Trade Unionism for undergraduate students.
It is hope that labour courses for labour Activists may attract the “super secretaries” of our trade unions, instead of going to Europe, America and Moscow for such training. Such training may be structured to deal with state-trade union relations; employer-trade union relations; labour organisations, public relations, labour legislations and decrees, the system for industrial arbitration, etc.
For students at undergraduate level, courses like Development of Trade Unionism in Nigeria, Industrial relations, Trade Unions in Africa, labour and industrialisation in “Newly Industrialising countries” etc. may be organised.
A Publication Unit:
A publication unit is essential to give confidence and courage to staff and students, and all other people involved in the programme, and to disseminate our work. Seminar and research can be binded as occasional monographs. Important labour reports, speeches, and document, from labour Activists can also be binded and circulated. This will even create and cement co-operation with Trade Union Movements. Important and rich research output or collection of monographs can be published or sponsored for publication by a reputable publication company.
Co-operation with other Labour study Groups:
Labour studies cooperation with experienced labour studies Groups worldwide can enhance our work and lead to a qualitative research out-put. Some labour study Groups such as Akut Labour Studies Group Uppsala; Centre for Working life Stockhelm; and International Labour studies: the Hague, Netherlands are experienced in labour research/studies in developing countries of Africa, Asia and Latin America. Association with them even if is at level of exchange of materials and/or staff will be fruitful to our fine intentions to inaugurate labour studies programme in the Department. The International Labour Organisations, World Employment Programme Research has many branches, such as Rural Employment Policy Research Programme, Women Workers Research Programme, etc. whose staff and research fellows work in Nigeria.
Selected Bibliography:
We can as a matter of urgency embark on a compilation of selected Bibliography on labour and labour Movement, which can be used by staff and students in research and teaching. We cannot successfully embark on labour studies and research if we do not even know the existing materials on the subject and its scope.
Labour Studies Workshop:
We can organise a biannual or annual workshop to provide a forum to report and discuss labour research. The workshop can subsequently be use invite individuals and groups from outside the country to exchange views and about the situation of the working-class and unions in our countries, in subjects such as labour laws; industrial unrest, labour process and living standard of factory workers, etc. This may in the final analysis serve as a way of creating understanding and cooperation between trade unions and labour studies groups world-over.
III. Conclusion:
However, these can be evolved gradually. A Departmental Labour Research Group comprising all interesting members in labour studies can be constituted to promote individual and collective labour Research efforts. Our students, especially final year ones and those undergoing post-graduate programme can be encouraged to carry on research on labour issues.
Furthermore, I suggest that as from next session we introduce some labour courses at under-graduate level, even if is under our “special Topic” courses. All these can be given further impetus if we associate with experienced labour research Groups and individuals within and outside the country.
Monday 6 August 2007
THE ELECTION PROCESS AND THE IMPORTANCE OF VOTER TURNOUT
THE ELECTION PROCESS AND THE IMPORTANCE OF VOTER TURNOUT
BY
Mu’azu Mohammed Yusif
Department of Political Science
Bayero University, Kano
Introduction
Perhaps the ideas of election and political parties are the most fundamental principles of democracy known to all Nigerians. This is because whenever democracy is to be given to us by the military, the first thing we hear is to form political parties, then to be followed by elections. Similarly, when the military decides to take-away their democracy, after making announcement, the following statement we hear is a Decree on "Constitution Revision", burning political parties and Elections, amending all the supporting provisions in the constitution on the rights to vote and be voted.
Thus, whenever there is going to be election in Nigeria, we should take voter turnout seriously. As the may be the only guarantee to defend our choice and the future of our Democracy.
The Context
I have no doubt that the motive/intention of the organisers (CITAD) of this programme is how to stop rigging of election and to turn the attitude of the people of Jigawa State from low voters turnout during elections.
Being a Paper Presented at a Workshop on Voter Turnout; Organised by CITAD in Dutse - Jigawa State on 28th February, 2007
This is not the first time the people of Kano and Jigawa States are being educated just to do these. Many decades ago, late Mallam Aminu Kano taught us to come out during elections to vote in order to choose the people who would govern us.
What we would be doing today is while I will be leading the discussion, we will join our experience and touch with reality of politics in Jigawa State to come out with programme/manual of education which will encourage voter turnout during the April 2007.
Elections: The Concept
Term covering the act and process of choosing representatives that govern us. In Nigeria elections cover offices of the president of the Federation, of National Assembly i.e. the Senate and House of Representatives; the Governors of States; and of State Assembly.
The constituency for election of the president of Nigeria is the whole of Nigeria. Section 132(5) of the constitution of the Federal Republic of Nigeria 1999 stated that "Every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of President". Therefore, all registered voters of Jigawa State are entitled to come out and elect who to be the President of Nigeria.
As for National Assembly Section 71(a) states that the Independent National Electoral Commission shall "divide each state of the Federation into three senatorial districts for purposes of elections to the Senate". Accordingly Jigawa state has three senators in the National Assembly.
Regarding representation in the Federal House of Representatives, Jigawa State has five out of three hundred and sixty constituencies for the purposes of elections into that House.
On the other hand all registered voters of Jigawa State are responsible for who would be the Governor of the State. As well as State House of Assembly constituencies.
Conceptualising elections will not be completed without mention of political parties. These are associations of like-minded persons with programme and intention to capture power to implement their programmes. When there s election, political parties contest for various offices, indeed, election is a choice between political parties. In some countries the constitution allows for "Independent candidates", but in Nigeria inspite call for that in every constitution making, is always denied. The political system, through the constitution 1999 does not limit formation of political parties provided there is respect of section 222 of the constitution.
The Electoral Process/System
This is a set of rules which define and gives the conditions, procedures, and the institutions to regulate the votes of citizens in electing the president and their representatives in the National and State Assembly. Nigeria’s electoral system has one distinctive feature which for the purpose of this discussion is worth noting. That is that it is a majoritarian system in which the President, the Governor and the Legislators are elected by majority votes. This is distinct because in some other countries the electoral system is either of proportional or pluralist system of representation.
The Electoral Act 2006 has spelt out clearly the regulations which would govern elections in Nigeria, including the coming April 2007 polls. The Act contains everything such as the roles and conducts of political parties in campaigns, raise of funds and expenses, as well as what and what not to do or say during rallies and elections. Other features in the act are on procedures of election during election, including how to cast votes, what are electoral offences, the counting and announcing of the result and determination of election petitions by Election Tribunal which is to be established according to the provision of the electoral system as is in the Electoral Act. Then of course on the legal status, the establishment and the powers of the institution i.e. INEC which supervise, monitor and regulate the elections and the political parties which contest the election.
Another important feature of the electoral system as contained in part III of the Electoral Act is on "National Register of Voters and Voters’ Registration". I consider this more important because of what we are doing here i.e. training of trainers on the importance of voter turnout. Needless to say voter turnout is the most important factor in election and institutionalising democracy through election. This is particularly so in Nigeria where elections are rigged. I personally feel that, although elections may still be rigged even if there is full voter turnout, especially in an electronic voting system, but in a manual system, I think it is going to be very difficult.
As fieldworkers and trainers in this serious business you have to be mind full of sections 11, 13, 14, 19, and 20 of the Electoral Act because they would be great Education Instruments for ordinary voters in a predominantly rural community like Jigawa State.
Electoral Process and Democracy
A less ambiguous electoral system is a guarantee for fair elections and in turn for creation of a democratic society. As Peter Wanyande observes "The key to mass participation in democracy is the electoral process. Elections represent a way of making a choice that is fair to all-one that leaves each member of the electorate reasonable hope of having his alternative elected" (Peter Wanyande, 1987:77). It is also through the electoral process or system that individuals and groups observe the assurances that their conditions of life may improve as there will be a level-playing system which will allow them to choose their leaders and reject them another time if they do not fulfil their aspirations.
At another level it is correct to say that an electoral system, and what it contains would go along way to show that the people in power are committed to holding free and fair elections and respect of democracy as a political practice in the governance of the affairs of the people.
Study on voting procedures and behaviour of voters are two of the main subdivisions of the study of voting in Political Science. These are as old as the political history of Greek City-States and the Roman Empire, which got more relevance in the political history of Western Europe in the Eighteenth Century. In those years elections were healthy, free and fair, citizens came out willingly and enthusiastically to choose their representatives. However, later, especially n the 21st Century, and in every country including Nigeria, great Political and Economic Interests have emerged who must win elections by hook and crook, including by demobilising voters not to come out to vote so that they could rig the elections without difficulty.
Issues in Mobilising Voters to come out and Vote
What we must not fail to recognise is that the economic downturn which breeds poverty and insecurity among the people has demobised Nigerians politically. Secondly, there is massive corruption in Nigeria’s politics. You will elect somebody who cannot afford three meals a day just after six months h would come back to you raising his head not for what he has done to his constituency but for the personal cars and money he came with. Thirdly, voters are aware that politics is not for national promotion but for progress of families and close associates.
Yes! There are these problems but we are the only ones that can change them, even if is for the future of our children only. Every human progress you see or hear, the people made it. Nobody will bring change for us.
We must bring the change by our selves, by our own efforts. That is why the organisers of this forum came to educate you on the tasks before you. International Organisations tried to link Peoples Democratic Progress with their votes and their rights to vote. This is clearly stated in the United Nations UDHR (Article 21) and in the International Covenant on Civil and Political Right (Article 25)
In view of the need to encourage voter turnout I can point long and short term strategic issues in the political system which mobilizers are to take into consideration in educating the voters.
The long-term issues are such that cannot be achieved before the 2007 elections but can begin to be thought out right from now. These include:
The political parties in Nigeria are anything but democratic. They are more like ‘cartels’ conducting political business to make profit. That is why they do not give much importance to membership, party structures, manifesto and programmes. They just wait for elections to bring out money to pay for votes and to local politicians and others who can help them to rig elections. This problem could be addressed at many levels, most importantly by pressures from below.
Politics in Nigeria is a profession. Thus, it is an occupation. It is more like a closed system which new entries are difficult to get a place without a patron. Therefore, every phase of elections in Nigeria is dominated by the same politicians. This structure of the political process has to be altered in order to empower the independence of voters.
One of the most ugly practices of Nigerian’s politics which I observed over the years in Jigawa state is the involvement of children in political rallies and campaigns. I can generalized in confidence that 70% of the crowd in every rally (including when it is holding beyond mid-night) are children between the ages of 6-15 years. These are not voters. Where are the voters? I think this has to be regulated legally by the National Assembly by amendment of the Electoral Act.
At the moment of preparation for April 2007 elections there are short-term factors for immediate attention of campaigners for voter turnout in the coming General Elections. These are:
In order to have the right to vote citizens of Nigeria must register and be given registration cards confirming him/her to vote during elections. May be because of the procedure of registration, lack of preparedness by the INEC, many Nigerians refused to go for registration. The Electoral Act has provided for how to go and register even after Registration is closed.
Anybody who cares about the last registration exercise would hear how some people registered more than once. The Electoral Act in section 13 (2 and 3) has disallowed this with penalty. In anyway, the campaigners for voter turnout are to educate and encourage all registered voters to come out and vote instead of seeing, cheering and talking of those voting more than once.
We must reject the idea that "collect the money and refuse to vote" or just vote for your choice. Those who give money during elections, whether you give them your votes or not they don’t care as they will rigg the elections and since you have mortgaged your conscience, rights and democracy by taking the money you would have nothing to say except to pull back and lament what happened.
As Jiawa state is a predominantly rural area I think the campaigners for voter turnout must be thinking of mobilization and education of the electorates through community level activities. Such as theatrics performances, self-help community projects, and many other community mobilisational and educational programmes, can be thought out.
The last issue is only raised by posing a question. That is how could we deal with specific problems of women? Such a very important target for any mobiliser for voter turnout.
Conclusion
In my conclusion I will like to draw the attention of voters that large voter turnout is the only guarantee that your representatives and political parties will not treat you as insignificant in running of Governmental affairs. Otherwise who are we who do not care about the political process. Therefore, we will see them stealing every kobo of the Government bringing to their houses.
References
Federal Republic of Nigeria (1999). Constitution of the Federal Republic of Nigeria 1999.
Federal Republic of Nigeria (2006). Electoral Act 2006.
Lan Brownlie (1971). Basic Documents on Human Rights. Oxford University Press, London
Peter Wanyonde (1987). "Democracy and the one party state! The African experience". In W.O. Oyugi and A. Gitanga (eds.). Democratic theory and practice in Africa. Nairobi. Heinemann Kenya.
BY
Mu’azu Mohammed Yusif
Department of Political Science
Bayero University, Kano
Introduction
Perhaps the ideas of election and political parties are the most fundamental principles of democracy known to all Nigerians. This is because whenever democracy is to be given to us by the military, the first thing we hear is to form political parties, then to be followed by elections. Similarly, when the military decides to take-away their democracy, after making announcement, the following statement we hear is a Decree on "Constitution Revision", burning political parties and Elections, amending all the supporting provisions in the constitution on the rights to vote and be voted.
Thus, whenever there is going to be election in Nigeria, we should take voter turnout seriously. As the may be the only guarantee to defend our choice and the future of our Democracy.
The Context
I have no doubt that the motive/intention of the organisers (CITAD) of this programme is how to stop rigging of election and to turn the attitude of the people of Jigawa State from low voters turnout during elections.
Being a Paper Presented at a Workshop on Voter Turnout; Organised by CITAD in Dutse - Jigawa State on 28th February, 2007
This is not the first time the people of Kano and Jigawa States are being educated just to do these. Many decades ago, late Mallam Aminu Kano taught us to come out during elections to vote in order to choose the people who would govern us.
What we would be doing today is while I will be leading the discussion, we will join our experience and touch with reality of politics in Jigawa State to come out with programme/manual of education which will encourage voter turnout during the April 2007.
Elections: The Concept
Term covering the act and process of choosing representatives that govern us. In Nigeria elections cover offices of the president of the Federation, of National Assembly i.e. the Senate and House of Representatives; the Governors of States; and of State Assembly.
The constituency for election of the president of Nigeria is the whole of Nigeria. Section 132(5) of the constitution of the Federal Republic of Nigeria 1999 stated that "Every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of President". Therefore, all registered voters of Jigawa State are entitled to come out and elect who to be the President of Nigeria.
As for National Assembly Section 71(a) states that the Independent National Electoral Commission shall "divide each state of the Federation into three senatorial districts for purposes of elections to the Senate". Accordingly Jigawa state has three senators in the National Assembly.
Regarding representation in the Federal House of Representatives, Jigawa State has five out of three hundred and sixty constituencies for the purposes of elections into that House.
On the other hand all registered voters of Jigawa State are responsible for who would be the Governor of the State. As well as State House of Assembly constituencies.
Conceptualising elections will not be completed without mention of political parties. These are associations of like-minded persons with programme and intention to capture power to implement their programmes. When there s election, political parties contest for various offices, indeed, election is a choice between political parties. In some countries the constitution allows for "Independent candidates", but in Nigeria inspite call for that in every constitution making, is always denied. The political system, through the constitution 1999 does not limit formation of political parties provided there is respect of section 222 of the constitution.
The Electoral Process/System
This is a set of rules which define and gives the conditions, procedures, and the institutions to regulate the votes of citizens in electing the president and their representatives in the National and State Assembly. Nigeria’s electoral system has one distinctive feature which for the purpose of this discussion is worth noting. That is that it is a majoritarian system in which the President, the Governor and the Legislators are elected by majority votes. This is distinct because in some other countries the electoral system is either of proportional or pluralist system of representation.
The Electoral Act 2006 has spelt out clearly the regulations which would govern elections in Nigeria, including the coming April 2007 polls. The Act contains everything such as the roles and conducts of political parties in campaigns, raise of funds and expenses, as well as what and what not to do or say during rallies and elections. Other features in the act are on procedures of election during election, including how to cast votes, what are electoral offences, the counting and announcing of the result and determination of election petitions by Election Tribunal which is to be established according to the provision of the electoral system as is in the Electoral Act. Then of course on the legal status, the establishment and the powers of the institution i.e. INEC which supervise, monitor and regulate the elections and the political parties which contest the election.
Another important feature of the electoral system as contained in part III of the Electoral Act is on "National Register of Voters and Voters’ Registration". I consider this more important because of what we are doing here i.e. training of trainers on the importance of voter turnout. Needless to say voter turnout is the most important factor in election and institutionalising democracy through election. This is particularly so in Nigeria where elections are rigged. I personally feel that, although elections may still be rigged even if there is full voter turnout, especially in an electronic voting system, but in a manual system, I think it is going to be very difficult.
As fieldworkers and trainers in this serious business you have to be mind full of sections 11, 13, 14, 19, and 20 of the Electoral Act because they would be great Education Instruments for ordinary voters in a predominantly rural community like Jigawa State.
Electoral Process and Democracy
A less ambiguous electoral system is a guarantee for fair elections and in turn for creation of a democratic society. As Peter Wanyande observes "The key to mass participation in democracy is the electoral process. Elections represent a way of making a choice that is fair to all-one that leaves each member of the electorate reasonable hope of having his alternative elected" (Peter Wanyande, 1987:77). It is also through the electoral process or system that individuals and groups observe the assurances that their conditions of life may improve as there will be a level-playing system which will allow them to choose their leaders and reject them another time if they do not fulfil their aspirations.
At another level it is correct to say that an electoral system, and what it contains would go along way to show that the people in power are committed to holding free and fair elections and respect of democracy as a political practice in the governance of the affairs of the people.
Study on voting procedures and behaviour of voters are two of the main subdivisions of the study of voting in Political Science. These are as old as the political history of Greek City-States and the Roman Empire, which got more relevance in the political history of Western Europe in the Eighteenth Century. In those years elections were healthy, free and fair, citizens came out willingly and enthusiastically to choose their representatives. However, later, especially n the 21st Century, and in every country including Nigeria, great Political and Economic Interests have emerged who must win elections by hook and crook, including by demobilising voters not to come out to vote so that they could rig the elections without difficulty.
Issues in Mobilising Voters to come out and Vote
What we must not fail to recognise is that the economic downturn which breeds poverty and insecurity among the people has demobised Nigerians politically. Secondly, there is massive corruption in Nigeria’s politics. You will elect somebody who cannot afford three meals a day just after six months h would come back to you raising his head not for what he has done to his constituency but for the personal cars and money he came with. Thirdly, voters are aware that politics is not for national promotion but for progress of families and close associates.
Yes! There are these problems but we are the only ones that can change them, even if is for the future of our children only. Every human progress you see or hear, the people made it. Nobody will bring change for us.
We must bring the change by our selves, by our own efforts. That is why the organisers of this forum came to educate you on the tasks before you. International Organisations tried to link Peoples Democratic Progress with their votes and their rights to vote. This is clearly stated in the United Nations UDHR (Article 21) and in the International Covenant on Civil and Political Right (Article 25)
In view of the need to encourage voter turnout I can point long and short term strategic issues in the political system which mobilizers are to take into consideration in educating the voters.
The long-term issues are such that cannot be achieved before the 2007 elections but can begin to be thought out right from now. These include:
The political parties in Nigeria are anything but democratic. They are more like ‘cartels’ conducting political business to make profit. That is why they do not give much importance to membership, party structures, manifesto and programmes. They just wait for elections to bring out money to pay for votes and to local politicians and others who can help them to rig elections. This problem could be addressed at many levels, most importantly by pressures from below.
Politics in Nigeria is a profession. Thus, it is an occupation. It is more like a closed system which new entries are difficult to get a place without a patron. Therefore, every phase of elections in Nigeria is dominated by the same politicians. This structure of the political process has to be altered in order to empower the independence of voters.
One of the most ugly practices of Nigerian’s politics which I observed over the years in Jigawa state is the involvement of children in political rallies and campaigns. I can generalized in confidence that 70% of the crowd in every rally (including when it is holding beyond mid-night) are children between the ages of 6-15 years. These are not voters. Where are the voters? I think this has to be regulated legally by the National Assembly by amendment of the Electoral Act.
At the moment of preparation for April 2007 elections there are short-term factors for immediate attention of campaigners for voter turnout in the coming General Elections. These are:
In order to have the right to vote citizens of Nigeria must register and be given registration cards confirming him/her to vote during elections. May be because of the procedure of registration, lack of preparedness by the INEC, many Nigerians refused to go for registration. The Electoral Act has provided for how to go and register even after Registration is closed.
Anybody who cares about the last registration exercise would hear how some people registered more than once. The Electoral Act in section 13 (2 and 3) has disallowed this with penalty. In anyway, the campaigners for voter turnout are to educate and encourage all registered voters to come out and vote instead of seeing, cheering and talking of those voting more than once.
We must reject the idea that "collect the money and refuse to vote" or just vote for your choice. Those who give money during elections, whether you give them your votes or not they don’t care as they will rigg the elections and since you have mortgaged your conscience, rights and democracy by taking the money you would have nothing to say except to pull back and lament what happened.
As Jiawa state is a predominantly rural area I think the campaigners for voter turnout must be thinking of mobilization and education of the electorates through community level activities. Such as theatrics performances, self-help community projects, and many other community mobilisational and educational programmes, can be thought out.
The last issue is only raised by posing a question. That is how could we deal with specific problems of women? Such a very important target for any mobiliser for voter turnout.
Conclusion
In my conclusion I will like to draw the attention of voters that large voter turnout is the only guarantee that your representatives and political parties will not treat you as insignificant in running of Governmental affairs. Otherwise who are we who do not care about the political process. Therefore, we will see them stealing every kobo of the Government bringing to their houses.
References
Federal Republic of Nigeria (1999). Constitution of the Federal Republic of Nigeria 1999.
Federal Republic of Nigeria (2006). Electoral Act 2006.
Lan Brownlie (1971). Basic Documents on Human Rights. Oxford University Press, London
Peter Wanyonde (1987). "Democracy and the one party state! The African experience". In W.O. Oyugi and A. Gitanga (eds.). Democratic theory and practice in Africa. Nairobi. Heinemann Kenya.
Human are not the same (Poem)
Human are not the same
He is not like you
You are not like him
You are different
You don’t have to be the same
It is great not to be the same
Nature has made you different
Experience makes you not the same
Your family background differs
Yes! You are different
Your eyes are not of the same colour
So the colour of your skin
The entire physical and mental structure
Values too are not the same
They don’t have to be the same
They must be different
Why must he be like you
Ah! You don’t like him
Because you are not the same
Hmm! Your values are different
Your orientation too
Your experience varies
Your characteristics too
Ah! Human being must be different
Not the same in level of their intelligence
In their capacity
In their ideas
In their development
That is the basis of the progress of human society
Which kind of life is this
In the Academic
Centre of knowledge and science
Of integration of cultures
Eeee! The differences
Become a Union
Human society will excel
M.M. Yusif
June, 2007
He is not like you
You are not like him
You are different
You don’t have to be the same
It is great not to be the same
Nature has made you different
Experience makes you not the same
Your family background differs
Yes! You are different
Your eyes are not of the same colour
So the colour of your skin
The entire physical and mental structure
Values too are not the same
They don’t have to be the same
They must be different
Why must he be like you
Ah! You don’t like him
Because you are not the same
Hmm! Your values are different
Your orientation too
Your experience varies
Your characteristics too
Ah! Human being must be different
Not the same in level of their intelligence
In their capacity
In their ideas
In their development
That is the basis of the progress of human society
Which kind of life is this
In the Academic
Centre of knowledge and science
Of integration of cultures
Eeee! The differences
Become a Union
Human society will excel
M.M. Yusif
June, 2007
EDUCATION AS HUMAN RIGHT: SOME ISSUES ON THE RIGHT TO EDUCATION
EDUCATION AS HUMAN RIGHT: SOME ISSUES ON THE RIGHT TO EDUCATION
BY
Ma’azu Mohammed Yusif
Department of Political Science
Bayero University, Kano
Being a paper presented in Human Rights Training Workshop for Social Workers Organised by Community Action for Popular Participation held on 28th August, 1998 in Bayero University, Kano
Introduction
Within the last fifteen years, most countries in Africa have implemented IMF/WB Economic recovery programme. This economic policy is variously called Structural Adjustment Programme (SAP), Economic Recovery Programme (ERP), or Economic Rehabilitation Programme (ERP). A common trait in all countries implementing the programme is that the governments withdraw most social services to the people. The implication of this is that the state is no longer responsible for education of its citizens, for health care of its people, for rehabilitation of the disabled, etc. The consequence of this is that voluntary organisations are building up, taking over the responsibilities which government is supposed to perform. The question which these organisations do not ask is whether it is not mandatory and legally binding on the state to provide these services? Thus, it is not wrong if one says that one idea which is not common knowledge among the people and may be the Human Right Community as well is the recognition of the right to social protection as a human right.
Education is one of such services which is the responsibility of the state to provide. The objective of this paper is to raise some issues of international law on the meaning of right to education.
Conceptualising the Right to Education as Human Right
Education is about the processes of teaching and learning, of imparting knowledge and skills for the development of individual and the society as a whole. Because of its significance for the development of society right from the beginning of history of human society it becomes partly the responsibility of the state. Like health care and other social services, education is a social protection given to people for progress of the society.
The right of people to social protection through social services is not a new idea in human right instruments.
Indeed, the earlier documents enunciating human rights did not at once recognise social services as rights of the people. These included the Bill of Rights in England in 1689, the American Declaration of independence of 1776 and the French Declaration of the Rights of Man and of the Citizens of 1789, which all set to promote civil and political rights and to reduce the influences of governments, rather than to improve the lives of the people. Even the concept of the right to life and to the pursuit of happiness which first appeared in the American Declaration came because of an irrepressible desire for freedom and not as a counterpart to social obligations imposed on the government.
However, by September, 1787 the preamble of the constitution of the United States of America declared that one of its objectives was to promote general welfare of the people.
Thus, the stage was then set of the legally birding responsibilities of the state to provide social services for the welfare of citizens. The recognition of social rights can be directly attributed to the philosophy of Enlightenment. This philosophy warrants the community’s interest in social protection for two reasons. First, in order to rationalise the political action of the time, it was necessary to consider the problem of the fight against poverty from the standpoint of states social responsibility. Second, the philosophy accepts the idea that all men are entitled to social happiness as a result of the efforts of government. Thus, the philosophy put the responsibility of collective happiness upon the state, which includes granting equal social prerogatives to citizens.
A booster to the development of this idea could further be traced n the works of two famous theoreticians. The first of these is Thomas Paine and the second is Marques de Condorset. Both accept the idea that civil and political rights must be combined with a comprehensive system of social services, which is aimed at the overall development and happiness of all the people. Thomas Paine, in particular drew up the first programme for a systematic organisation for the distribution of public funds for social services.
The Meaning of the Right to Education as Human Right
There is no definitive legal international instrument, which gives precise meaning of the ‘right’ to education. However, there are Human Right Conventions and Recommendations, particularly those within the framework of the United Nations, including UNESCO and ILO, which may help us to gain understanding of education as human right.
The most important sources of Human Right documents, on which we can find this explanation are:
UNESCO convention against discrimination in Education of 1960.
United Nations Declaration of the Right of the Child, 1959
Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights of 1966
Articles 15 and 16 of the ILO convention on social policy (Basic Aims and Standards), of 1962
Article 26 of the Universal Declaration of Human Rights adopted in 1948
The Lima Declaration on Academic Freedom and Autonomy of Institutions of Higher Learning.
The POZNAN Declaration on Academic Freedom
All these conventions (1 - 5 above) have been ratified by a clear majority of the existing states in the World. The last two declarations were adopted by the participants who were non-governmental organisations and individuals involved in the conferences which discussed the issues.
In this respect, the ideas canvassed in the above conventions and declarations include:
"In order that the child population may be able to profit by existing facilities for education and in order that the extension of such facilities may not be hindered by a demand for child labour, the employment of persons below the school-leaving age during the hours when the schools are in session shall be prohibited in areas where educational facilities are provided on a scale adequate for the majority of the children of school age".
"Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made equally accessible to all on the basis of merit". (Article 26(1) of Universal Declaration of Human Rights, 1948).
In International Covenant on Economic, Social and Cultural Rights, 1966, Article 13(2) stated that.
a. "Primary education shall be compulsory and available, free to all;
b. Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;
c. Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;
d. Fundamental education shall be encourage or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;
e. The development of a system of school at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved".
Some more silent, though equally important issues in other instruments are non-interference by state in higher institution of learning in order to allow free development of researches, provision of adequate funding of education by state, not less than 15 percent of National Budget and non-discrimination in every aspect of school system.
However, state responsibility differs according to the ratification of the instruments by the state concerned. We can distinguish between obligations to respect, to protect and to fulfil.
The commitment to respect requires the states to abstain from certain interferences, for example, states are not allowed to discriminate in the admission of pupils to educational institutions.
The acceptance to protect the right to education means that governments are to adopt measures necessary to prevent other interests from violating these ‘rights’
The obligation to fulfil the right to education means that governments are to take positive measures to defend the ‘rights’, for example, governments are to provide adequate funding for development of education, to give the teaching staff good conditions of service to enable them do their work, etc.
Violations
In International Laws and Conventions, because is dealing with different nations, there are limitations, restrictions and exceptions to implementation of the Law. Therefore, if we want establish violation of states obligation of the right to education, from what criteria can we do the judgement.
However, in modern human rights principles, especially those developed within the framework of the UN, there are also machineries of practice developed. For example, the UN committee on Economic, Social and Cultural Rights directed for application of free and compulsory primary education for all, within a reasonable number of years, and any country which failed to do so within certain number of years violated the covenant. On other provisions of the covenant, every policy and action by the state which reduces access to secondary and higher education or the performance of the education system is deemed to have violated the covenant.
Furthermore, in order to access the degree of compliance by states, some indicators are developed. These include public expenditure on education, literacy rates, book production, enrolment ratios, completion and drop out rates, interference in higher institutions, etc.
By a careful examination of these indicators and other peculiar development it is possible to make an objective assessment of the violations of the right to education by the state.
In Nigeria, it is obvious that the right to education not only is violated but is flagrantly denied with arrogant statements by government officials. If we take higher education as an example, there is abundant evidence to judge denial of the right to education to people of Nigeria.
Conclusion
I understand that there are non-governmental organisations coming to the rescue of the state. This is being encouraged by the new philosophy of market in political, social and economic management of the society.
However, the people must understand that their action is only for humanitarian purposes. Not as an alternative to state. Because that will amount to supporting the new programme of colonisation which foreign capital is promoting.
At another level, a new agenda of struggle must be evolved, especially by social workers to defend the right of social services to the people. In the present economic arrangement in Nigeria for example, that will be the finest programme of struggle against oppression.
BY
Ma’azu Mohammed Yusif
Department of Political Science
Bayero University, Kano
Being a paper presented in Human Rights Training Workshop for Social Workers Organised by Community Action for Popular Participation held on 28th August, 1998 in Bayero University, Kano
Introduction
Within the last fifteen years, most countries in Africa have implemented IMF/WB Economic recovery programme. This economic policy is variously called Structural Adjustment Programme (SAP), Economic Recovery Programme (ERP), or Economic Rehabilitation Programme (ERP). A common trait in all countries implementing the programme is that the governments withdraw most social services to the people. The implication of this is that the state is no longer responsible for education of its citizens, for health care of its people, for rehabilitation of the disabled, etc. The consequence of this is that voluntary organisations are building up, taking over the responsibilities which government is supposed to perform. The question which these organisations do not ask is whether it is not mandatory and legally binding on the state to provide these services? Thus, it is not wrong if one says that one idea which is not common knowledge among the people and may be the Human Right Community as well is the recognition of the right to social protection as a human right.
Education is one of such services which is the responsibility of the state to provide. The objective of this paper is to raise some issues of international law on the meaning of right to education.
Conceptualising the Right to Education as Human Right
Education is about the processes of teaching and learning, of imparting knowledge and skills for the development of individual and the society as a whole. Because of its significance for the development of society right from the beginning of history of human society it becomes partly the responsibility of the state. Like health care and other social services, education is a social protection given to people for progress of the society.
The right of people to social protection through social services is not a new idea in human right instruments.
Indeed, the earlier documents enunciating human rights did not at once recognise social services as rights of the people. These included the Bill of Rights in England in 1689, the American Declaration of independence of 1776 and the French Declaration of the Rights of Man and of the Citizens of 1789, which all set to promote civil and political rights and to reduce the influences of governments, rather than to improve the lives of the people. Even the concept of the right to life and to the pursuit of happiness which first appeared in the American Declaration came because of an irrepressible desire for freedom and not as a counterpart to social obligations imposed on the government.
However, by September, 1787 the preamble of the constitution of the United States of America declared that one of its objectives was to promote general welfare of the people.
Thus, the stage was then set of the legally birding responsibilities of the state to provide social services for the welfare of citizens. The recognition of social rights can be directly attributed to the philosophy of Enlightenment. This philosophy warrants the community’s interest in social protection for two reasons. First, in order to rationalise the political action of the time, it was necessary to consider the problem of the fight against poverty from the standpoint of states social responsibility. Second, the philosophy accepts the idea that all men are entitled to social happiness as a result of the efforts of government. Thus, the philosophy put the responsibility of collective happiness upon the state, which includes granting equal social prerogatives to citizens.
A booster to the development of this idea could further be traced n the works of two famous theoreticians. The first of these is Thomas Paine and the second is Marques de Condorset. Both accept the idea that civil and political rights must be combined with a comprehensive system of social services, which is aimed at the overall development and happiness of all the people. Thomas Paine, in particular drew up the first programme for a systematic organisation for the distribution of public funds for social services.
The Meaning of the Right to Education as Human Right
There is no definitive legal international instrument, which gives precise meaning of the ‘right’ to education. However, there are Human Right Conventions and Recommendations, particularly those within the framework of the United Nations, including UNESCO and ILO, which may help us to gain understanding of education as human right.
The most important sources of Human Right documents, on which we can find this explanation are:
UNESCO convention against discrimination in Education of 1960.
United Nations Declaration of the Right of the Child, 1959
Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights of 1966
Articles 15 and 16 of the ILO convention on social policy (Basic Aims and Standards), of 1962
Article 26 of the Universal Declaration of Human Rights adopted in 1948
The Lima Declaration on Academic Freedom and Autonomy of Institutions of Higher Learning.
The POZNAN Declaration on Academic Freedom
All these conventions (1 - 5 above) have been ratified by a clear majority of the existing states in the World. The last two declarations were adopted by the participants who were non-governmental organisations and individuals involved in the conferences which discussed the issues.
In this respect, the ideas canvassed in the above conventions and declarations include:
"In order that the child population may be able to profit by existing facilities for education and in order that the extension of such facilities may not be hindered by a demand for child labour, the employment of persons below the school-leaving age during the hours when the schools are in session shall be prohibited in areas where educational facilities are provided on a scale adequate for the majority of the children of school age".
"Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made equally accessible to all on the basis of merit". (Article 26(1) of Universal Declaration of Human Rights, 1948).
In International Covenant on Economic, Social and Cultural Rights, 1966, Article 13(2) stated that.
a. "Primary education shall be compulsory and available, free to all;
b. Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;
c. Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;
d. Fundamental education shall be encourage or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;
e. The development of a system of school at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved".
Some more silent, though equally important issues in other instruments are non-interference by state in higher institution of learning in order to allow free development of researches, provision of adequate funding of education by state, not less than 15 percent of National Budget and non-discrimination in every aspect of school system.
However, state responsibility differs according to the ratification of the instruments by the state concerned. We can distinguish between obligations to respect, to protect and to fulfil.
The commitment to respect requires the states to abstain from certain interferences, for example, states are not allowed to discriminate in the admission of pupils to educational institutions.
The acceptance to protect the right to education means that governments are to adopt measures necessary to prevent other interests from violating these ‘rights’
The obligation to fulfil the right to education means that governments are to take positive measures to defend the ‘rights’, for example, governments are to provide adequate funding for development of education, to give the teaching staff good conditions of service to enable them do their work, etc.
Violations
In International Laws and Conventions, because is dealing with different nations, there are limitations, restrictions and exceptions to implementation of the Law. Therefore, if we want establish violation of states obligation of the right to education, from what criteria can we do the judgement.
However, in modern human rights principles, especially those developed within the framework of the UN, there are also machineries of practice developed. For example, the UN committee on Economic, Social and Cultural Rights directed for application of free and compulsory primary education for all, within a reasonable number of years, and any country which failed to do so within certain number of years violated the covenant. On other provisions of the covenant, every policy and action by the state which reduces access to secondary and higher education or the performance of the education system is deemed to have violated the covenant.
Furthermore, in order to access the degree of compliance by states, some indicators are developed. These include public expenditure on education, literacy rates, book production, enrolment ratios, completion and drop out rates, interference in higher institutions, etc.
By a careful examination of these indicators and other peculiar development it is possible to make an objective assessment of the violations of the right to education by the state.
In Nigeria, it is obvious that the right to education not only is violated but is flagrantly denied with arrogant statements by government officials. If we take higher education as an example, there is abundant evidence to judge denial of the right to education to people of Nigeria.
Conclusion
I understand that there are non-governmental organisations coming to the rescue of the state. This is being encouraged by the new philosophy of market in political, social and economic management of the society.
However, the people must understand that their action is only for humanitarian purposes. Not as an alternative to state. Because that will amount to supporting the new programme of colonisation which foreign capital is promoting.
At another level, a new agenda of struggle must be evolved, especially by social workers to defend the right of social services to the people. In the present economic arrangement in Nigeria for example, that will be the finest programme of struggle against oppression.
Weekly Assignment No.1: Conducting a General Survey of Books in the Library and Online
DEPARTMENT OF POLITICAL SCIENCE
Bayero University, Kano
POL 2204: Foundation of Political Economy
POL 3314: Politics of Development and Underdevelopment
POL 4313: Peace and Conflict Resolution
Weekly Assignment No.1: Conducting a General Survey of Books in the Library and Online
The aim is usually to increase students’ capacity to master use of library and Internet in acquiring knowledge independently. That is why the assignment is on conducting a general survey of books on the subject matter of the course.
The assignment is this: after my discussion with you on the subject matter of the course and having studied the course outline with the recommended reading materials.
Students should reach any library and search of only one article or book which they found relevant to the subject matter of the course and is not on the recommended reading list.
While presenting the report students are to give the following information on the text: from which library did you source the text; what is the class mark of the text in library; the author; the title; the date of publications; the content; the blurb; and the preface.
Then you are to give reason why you think the text is relevant and under which of the topics on the outline it will fall. Finally, write a review of it.
Secondly, each student is to source only material from Internet (see the paper on how to use internet to source reading materials) and provide all the available information mentioned above on the material from Internet. Each student is advised to source his/her own directly from Internet instead of photocopying from colleagues. Where so many students came up with the same material, all of them will be penalized.
M.M. Yusif
August, 2007
Bayero University, Kano
POL 2204: Foundation of Political Economy
POL 3314: Politics of Development and Underdevelopment
POL 4313: Peace and Conflict Resolution
Weekly Assignment No.1: Conducting a General Survey of Books in the Library and Online
The aim is usually to increase students’ capacity to master use of library and Internet in acquiring knowledge independently. That is why the assignment is on conducting a general survey of books on the subject matter of the course.
The assignment is this: after my discussion with you on the subject matter of the course and having studied the course outline with the recommended reading materials.
Students should reach any library and search of only one article or book which they found relevant to the subject matter of the course and is not on the recommended reading list.
While presenting the report students are to give the following information on the text: from which library did you source the text; what is the class mark of the text in library; the author; the title; the date of publications; the content; the blurb; and the preface.
Then you are to give reason why you think the text is relevant and under which of the topics on the outline it will fall. Finally, write a review of it.
Secondly, each student is to source only material from Internet (see the paper on how to use internet to source reading materials) and provide all the available information mentioned above on the material from Internet. Each student is advised to source his/her own directly from Internet instead of photocopying from colleagues. Where so many students came up with the same material, all of them will be penalized.
M.M. Yusif
August, 2007
The old workers strike has come back (Poem)
The old workers strike has come back
Years of falling out is going
The NLC is fighting Neo-Liberalism
The working class is coming back
Huh! It had been around in the corner
Now, kicked without notice of the referee
Yes! Against deregulation
Opposed privatisation
Battle against petroleum price increase
Also a blow to deregulation of wages
Oooh! The good days of labour are coming back
The working class is needed now
Support of the people appears meaningful
The small-traders, the unemployed urban youth are not dubiously called to close shops and burn tyres
They are doing on their own to show their support
The workers are not loudly called to go on strike and quietly tolled to break the strike
Every Nigerian is locked inside but very few wanted to cause leakage
Forget about those who are carried away by emotions
Those calling the NLC to shift position
These are emotions of those who enjoy and benefit from the corruption and the patronage
Those who cannot define people’s interest which is Government to accept unconditionally all the demands of the workers
It is under strict control
With collective responsibility
Those ones are not there to spoil it
So, there is no fear that the leaders of the strike will advise the Government on what to do
Ah! Where are the left political parties
Eeem neo-liberalism has made them inactive
Okay, the New Social Movements come and push the workers until they win the battle
M.M. Yusif
June, 2007
Years of falling out is going
The NLC is fighting Neo-Liberalism
The working class is coming back
Huh! It had been around in the corner
Now, kicked without notice of the referee
Yes! Against deregulation
Opposed privatisation
Battle against petroleum price increase
Also a blow to deregulation of wages
Oooh! The good days of labour are coming back
The working class is needed now
Support of the people appears meaningful
The small-traders, the unemployed urban youth are not dubiously called to close shops and burn tyres
They are doing on their own to show their support
The workers are not loudly called to go on strike and quietly tolled to break the strike
Every Nigerian is locked inside but very few wanted to cause leakage
Forget about those who are carried away by emotions
Those calling the NLC to shift position
These are emotions of those who enjoy and benefit from the corruption and the patronage
Those who cannot define people’s interest which is Government to accept unconditionally all the demands of the workers
It is under strict control
With collective responsibility
Those ones are not there to spoil it
So, there is no fear that the leaders of the strike will advise the Government on what to do
Ah! Where are the left political parties
Eeem neo-liberalism has made them inactive
Okay, the New Social Movements come and push the workers until they win the battle
M.M. Yusif
June, 2007
HUMAN RIGHTS IN NIGERIA
HUMAN RIGHTS IN NIGERIA
By
Ma’azu Mohammed Yusif
Department of Political Science
Bayero University, Kano
February, 1989
This is a draft document to be edited. It is not allowed to be quoted. But when it is used I hope it will be acknowledged
Introduction
Human rights violations in Nigeria characterised much of the politics of Muhammdu Buhari military administration from January 1984 to august 1985. This period witnessed an outright erosion of Human and Democratic rights in the country, that the current administration, which made up of the same staff with the former regime, and which came to power after a successful coup, even claimed to be an ‘Human rights’ military administration. But contrary is the case. Despite the utterances of the leading officials of the present regime to regarding the Human rights of the people of this country, it is quite evident that political and economic repression, lack of Human and Democratic rights remain a discernable aspect of Nigerian politics. Human right at best, repression and violations of Human rights are carried on in a more skilful, but dangerous manner, which partly included destructing the sources of oppositions to Government, destroying the organisations of mass mobilisation, in a specific sence systematic mass demobilisation.
It is our contention that the emergence of these "neo-fascist" currents in Nigeria is a product of conflicting class interests operating within the social formation, on overcoming Nigeria’s economic crisis. While the state comes with a programme to salvage capital, popular organisations resist. This makes the state to become so desperate, taking a "neo-fascist" political line.
This paper attempts to review the state repressive and inhuman actions which inhibited democratic rights of people and organisations.
Background:
The present crisis of Nigeria’s Economy started in 1982 during the civilian administration, of the presidency of Alhaji Shehu Shagari.
Shagari’s economic measures to arrest the economic crisis contained a lot of IMF prescriptions. Infact his 1983 budget policy was made up of many IMF conditionality. But there began a mounting resistance by students, workers, intellectuals, professional organisations, market women and other popular democratic organisations. Because of the partisan nature of politics, the oppositions became easily popularised. So, the administrations politics of managing the crisis became of repressive strategy. A. R. Mustapha summed this up when he says
"As a consequence of the effect of the economic crisis the Shagari administration… virtually killed "democracy" while intensifying the drive towards repression… The specific policies adopted by the Shagari administration were the terrorisation of the population, using the notorious Para-military mobile police force"1
The repressive and undemocratic postures of shagari administration have been documented rather thoroughly during the last two years of his government2.
Despite these, shagari administration was incapable of implementing the governments economic programme. The government which came to power in January 1984 did not break away from the neo-colonial ruling -class economic programme articulated by the previous administration. Indicating its commitments to IMF prescriptions, the new government even sponsored a publication of its negotiation with IMF: ‘IMF: The negotiation so far3.’ In the publication government pointed 12 conditionalities for Nigeria.
These are:-
(1) Review of public expenditure to reduce the aggregate Federal Government capital expenditure for three years period. (2) Removal of subsidies on petroleum products and fertilizer. (3) To reduce grants, subventions, and loans to parastatals and to privatise some of them. (4) The nationalisation of the customs tariff structure to promote industrial diversifications and international competitiveness. (5) The withdrawal of some industrial incentives like the approved user scheme, designed to assist industrialists to import raw materials at concessionary rate. (6) Appropriate measures to improve revenue collections and the operational efficiency of revenue collecting agencies. (7) Deregulations of interest rate and review of credit guidelines. (8) The promotion of exports manufacturing so as to boost the export of non-petroleum products. (9) Proper foreign debt management through foreign exchange budgeting, and a long-term borrowing programme.(10) Adjustment of producer price and the re-organisation of commodity boards and river basin development Authorities.(11) Devaluation of the naira by 60 percent during the first year and 29 percent each in the next two years.(12) Liberalisation of foreign exchange and import controls.
The implementation of these conditions meant a decline on the living standards of the people and dismantling the welfare responsibilities of the state to the people. Yet the government implemented many of the above conditions, but because of organised resistances by popular force especially the students and the trade unions, the government could not implement the three major element of the package; devaluation of naira; liberalization of imports and withdrawal of so-called petroleum subsidy for example. On withdrawal of petroleum subsidy for example, the state frankly pointed the political implications that might be generated in the country.
The state was so frightened by popular resistances that the then Head of state, Major-General Muhammad Buhari once warned Army officers to always be alert as civilians could overthrow the Government.
The state became more violent. It imposed a rule of terror. One, is through repressive decrees. Some of the more repressive decrees are numbers 2,4,13,16,17,20 and 23. (1) Decrees No.2 titled state security (Detention of persons), empowered the chief of staff supreme head quarters to detain people without trial for period of three months. This could be renewed continuously. When the decree was promulgated, it was used by the regime against students, Labour leaders, social critics, and all forces of oppositions against the economic programme of the regime. (2) Decree No.4 called (public officers protection against false accusation), made it an offence to publicise or broadcast anything that would embarrass Government or a Government functionary, regardless of whether the story was true or not. (3) Decree No.13 named Federal military Government supremacy and enforcement of powers decree conferred only on the supreme military council the power to make and alter any inconsistency coming from Federal military Government decrees. (4) Decree No.16, called civil service commissions and other statutory bodies, etc (Removal of certain persons from office) abolished the right of dismissed workers to seek legal redress, even when their right had been clearly infringed. (5) Decree No.17, called public officers (special provisions), enforced the forfeiture of retirement benefits by workers already dismissed. (6) Decree No. 20 (Miscellaneous offences), provided death penalty by public executions to those who committed certain offences. (7) Decree No.23, military court special powers (enforcement and discipline of Armed forces), prohibited any kind of protest by the Armed forces.
With these and other decrees, the state of law even within the framework of bourgeoisie democracy, as administered in the judiciary had been rendered virtually useless as all provisions of the Government decrees are not challengeable in court of justice even under the guide of chapter 4 of the 1979 suspended constitution.
In addition to the essential decrees, Government came up with other orders, and with threats of arrests and detentions, which undermined democracy and the freedoms of individuals and institutions in the whole society.
The intensification of Resistance
The rise and consolidation of repressive regime intensified oppositions throughout the society which nearly took a co-ordinated and organised form. Oppositions came from many quarters: workers, academics, students, peasants, urban semi-proletariat, market women, professional organisations, the press, churches and mosques, manufacturers Association of Nigeria, individuals, etc4.
The most effective resistance, however, was by popular organisations. Students for example were the most useful source of political resistance. Their demands ranged from reducing cost of education to amore general and political agitations against retrenchment, Government’s intention to temper with academic freedom and all repressive measures. The NLC and its constituent Unions, at any forum, made statements against the regime which terrified the government because it feared workers’ power. Also there were many work stoppages from January 1985 which dashed the hopes of the states Economic programme for unhindered process of capital accumulation. For instance, a central Bank Report mentioned 49 work stoppages during the 1984 period alone. Another source of opposition had been from professional lawyers and jurists who individually and through their professional Association, called for ending of arbitrary arrests and return of juridical norms in the country. Also was he Nigerian Medical Association, who went on strike against the deplorable health care-delivery system and introduction of health levies in the country.
Other significant sources of oppositions were Christian clergy and Islamic preachers. The basis of their oppositions included the socio-economic politicies that produce inflation, unemployment, retrenchment, the curtailment of human rights’ and the general repressive inclinations of the regime.
At another level, detentions of ex-politicians and arrests of even some leading businessmen created a rift between the state and the private capitalist class, that even some private capitalist elements mounted opposition against the regime.
In short, there was mass resistance to the economic and political programme of Buhari regime such that when the Nigerian Association of Resident Doctors went on strike, everyone supported them, which nearly gave rise to unity of all oppositions to the regime.
In the face of these democratic demands, which threatened the regime and the entire capitalist system of accumulation, the Government became more intolerant that a policy directive from the supreme headquarters disallowed national discussion on the political future of the country. Also many Associations, individuals and churches were labelled subversives.
Ibrahim Baban Gida Era:
The first important policy statement by the current administration is an undertaking to guarantee human rights. In his maiden speech to the nation, the president promised to review all decrees, which denied the people human rights’. He even straight away repealed Decree No. 4 which gagged the press. He said:
"As we do not intend to lead a country where individuals are under the fear of expressing themselves, the public officers protection against false accusation Decree No. 4 of 1984 is hereby repealed."5
Fine, but is only to gain legitimacy for the new administration. The worst is now done to the press.
Moreso, it is very clear from the maiden speech of the president that he’s still pro-IMF economics, opposed by popular forces in the country. Notwithstanding, the regime thought of controlling the oppositions.
So, the government launched IMF loan debt, with terms of reference for the people to decide whether to take IMF loan or not. Popular organisations did a lot of work of mobilising even the unorganised peasants against the loan and its conditionalities. So, various sections of the Nigerian people, student’s, traders, workers, intellectuals, peasant market women, and a larger section of the private capitalists rejected it. The Government had no alternative but to come up with a statement rejecting the IMF loan. But the Government as it happened in Tanzania came up with Economic programme called Structural Adjustment Programme, which contained all the conditionalities of the IMF, under the name of indigenous programme of overcoming the crisis of Nigeria’s economy.
Another development which popular opinions used to threatened the current administration was the political Bureau debate on the future of civilian politics in the country. Because of the popular and mass opinions of Nigerians for socialism as the only system good for the ‘people’, the Bureau had no other alternative but to recommend socialism as the popular views of Nigerians.
Thus, the Government became more repressive while implementing its Structural Adjustment Programme (SAP). It becomes more repressive, but using different style. In the following pages, we are going to highlight some repressive policies and actions of the present regime.
Since the Trade Unions Movements, students; academics have the most organised resistant movements, they are naturally the targets of the repressive tendencies of the regime
(a) Economic Emergency Powers:
We earlier pointed of the crisis of Nigeria’s economy, even before the current regime came to power in August 1985. Thus, in October of the same year, a state of Economic Emergency was declared for a period of 15 months. This culminated in promulgating the national Economic Emergency power Decree which empowers the president to issue for us and make regulations aimed at revamping the capitalist system and regulating any opposition against the system and the state.
Under this Emergency powers, in addition to arbitrary cut of workers ‘wages, virtually all the IMF conditionalities are being implemented under the SAP, introduced under the Economic Emergency powers. This SAP brings extreme of hardship to the people, the reality of which is common to be specified here.
The Government also used the Economic Emergency power against popular organisations. For example, when the NLC was dissolved in February, 1988, a statement came in Government Gazette, as Economic Emergency power (the dissolution of NLC) And when the labour Unions persistently opposed the dissolution and consistently refused to cooperate with the sole administrator appointed by the government another Government Gazette come out using the Economic Emergency powers, stating that no one can stop or challenge the NLC elections to be organised by the sole administrator in a court of justice.
(b) Internal Security Decree:
We earlier mentioned of Decree No.2 (Detention of persons) promulgated by Buhari regime. This Government has done nothing to dismantle this Decree, despite the Government’s human rights slogans. Infact, it used the Decree to arrest and detained more labour leaders, students activists and many others from the ranks of the ‘people’ than the previous regime in the name of state security.
(c) Abisoye panel Recommendations:
After May 1986 students’ crisis, the government established a committee under the chairmanship of Major General (rtd) Abisoye, who’s all recommendations, were accepted by the government, and which gave the government more restrictive leverage over democratic struggles of popular forces in the country.
The recommendations and the government white paper is intended to stifle and neutralise oppositions against unpopular government policies by students. because of solidarity given to the students by Nigeria’s Labour Congress (NLC) and the proscribed Academic Staff Union of Universities (ASUU), and the Government showed its intention, through the Abisoye report to break the historical alliance of students-intellectuals and workers (NANS-ASUU-NLC).
In the case of the intellectuals Abisoye recommended that:
"…members of ASUU in ABU and other universities are not teaching what they are paid to teach. The commission recommends that Government should critically look into this, and if their role is inimical to the stability of Government, these teachers should be flushed out of the universities."6
Government accepted this and asked Federal Ministry of Education to take action. The ministry compiled names of people for dismissal from all universities, but the Academic Staff Union of Universities prevented that to happen. Government put a judicial panel i.e. Akanbi panel to rationalise and legalise what it intended to do, but was also averted by popular resistance.
And to break the unity of students and Labour Movement against the economic and political programmes of the regime, Abisoye recommended that "All Trade Unions should not interfere with students Union activities" and further stated that "student Union is not a trade union and, therefore should not get involved in trade unionism".7 This meant a denial of freedom of association to students and workers. As an undemocratic Government, the recommendations are accepted and even won the NLC not to support student militancy.
The Government has taken more despotic anti-democratic measures against the students and their union. These are the measures against the students;
In order to cripple students Unionism, government ordered university Authorities not collect union fees from students on behalf of the student union and the university Authorities shall no longer give any grant to the student unions.
That congress meeting of student unions is banned, only a parliament and Executive council allowed and where congress meets these two bodies would be held responsible.
That university Authorities should specify leadership qualities and Impose conditions on student’s union politics.
Government also suspended student unionism immediately in all campuses, and subject to lifting only on the student’s satisfying the Governing council of being of good behaviour.
The commission reported that "the Government should determine and check the relationship between NANS and the Student Unions in various campuses" and so Government banned the National Association of Nigerian students.
These restrictions on students Unionism is meant not allow student unionism operate independently. They pave way of infiltration by government and university Authorities, and also authority’s intervention in student’s response to undemocratic policies of government and university authorities as recently the case in university of Benin, university of Lagos and Obafemi Awolowo University.
(d) 1986 NLC Amendment Decree
Following the students crisis in May, 1986 Government felt that, to break the unity of democratic forces and the role of intellectuals in raising the revolutionary consciousness of workers is to excise the proscribed union of academics from the Nigeria’s central labour movements. As such the Decree which established the NLC, and which allowed Senior Staff Unions to join (hence ASUU affiliation), was amended, in order to nullify the affiliation of ASUU. But to weaken the union of the intellectuals, Government also directed that payment of union dues is voluntary.
(e) Dissolution of NLC
Since the beginning of Nigeria’s economic crisis, employers have descended on workers, cutting salaries, retrenching workers for weeks and in many cases dismissing them from work. This meant that the NLC had to rise, which it did to defend Nigerian workers. So, even during Shagari administration for example, Government wanted to come up with legislation to decentralise the NLC, but was resisted by the union. But still then, the National Economic Council Report on the state of the economy came up with recommendations against the labour unions. These are:
"There should be a wage freeze for both public and private sectors throughout the 1983 fiscal year.
strikes should be suspended for a period of one year,
Employees who are on strike should receive no pay for the duration of the strike. Sympathy strikes should be banned completely.
Strikes should be made illegal for essential services and security forces should be organised to step in, in case of emergency"8
These did not deter the labour unions from launching campaign to repeal any legislation against the democratic rights of the working-class and the recognition by Government, by making a law, of the right of workers to strike, including mass strike.
Having the history of the NLC militancy, the current administration, fearing any mass resistance against SAP looked for the slightest excuse to intervene in the affairs of NLC. This opportunity came when in February, 1988, during the national Delegate conference of NLC a disagreement occurred dividing the congress into two factions. Instead of allowing the congress to resolve differences in a democratic manner, the Federal Military Government intervened, dissolved the congress and appointed a sole Administrator, who administered the Union until December, 1988.
By intervening, Government hoped to deregister some unions restructure the NLC, and change the constitution of the congress. These are all intended to balkanise the congress, cut the historic relations between unions and the congress, between state councils and the national body and between the unions and ranks-and file in factories. Furthermore, Government was terrified by the democratic position of the NLC during the political Bureau debate and had wanted either to destroy NLC ideas or infiltrated to subvert it.
Lacking strength to carry out its plan during the period of dissolution, because of more organised resistance from the unions and because the Government anticipated unions to ask the Government to dismiss the sole administrator and allowed the secretariat of NLC to organise the elections, Government came up with order that no court action or tribunal could stop the sole administrator to organise the special delegates conference at which a new leadership of the NLC would be elected. According to an official gazette No. 76 Vol. 75, it said "No any other law, claim or declaration shall be inquired into in any court of Law or tribunal other than as provided for in the promulgated orders."
We earlier indicated that the Government used the Economic Emergence powers to make the order a legislation.
(f) April Riots and Government’s Restrictions:
April riots of students and workers against increase of prices of petrol and petroleum products, made the Government to come up with more measure against the democratic rights of the people. The government threatened to enact a decree with harsh penalties on student’s demonstrations, but in any case to intimidate students from seeking their rights from Government and university authorities, came with an order that any institution that goes on strike will be closed indefinitely. This is to divide the students and create confusion in their own ranks so that they may not be able to stand together and fight collectively for their own rights and the rights of other oppressed people in the society. Here Government also accused radical teachers and ordered authorities of institutions of learning to deal with them.9
Four institutions of higher leaning were closed down for long after the riots. Only to be re-opened when Government noticed widespread opposition to their closure including a strike by proscribed ASUU and intended another insurrection by NLC. As for the Unions, after dishonouring its promises for their demands, government continued with threats against the union through the sale administrator.
(g) Proscription of ASUU:
The Academic Staff Union of Universities was one of the popular organisations that spear headed Democratic and human Rights" of the people. Even during Buhari administration when IMF-imposed policy of retrenchment took place in all government establishments, it could not take place in the university due to the resistance being waged by ASUU. Moreso, ASUU articulated the dangers of SAP for the society and popularised them. Thus, the current administration continued to assault and threatened the existence of the union and even of its leadership. When in June/July, 1988, the union went on National strike, demanding among other things democratisation of university system by giving them autonomy, the government proscribed the union to put a stop to organised struggles against government unpopular policies.
(h) Stifling the Academic and the University System:
As pointed out above, since the current administration came to power, a severe system of internal constraint is imposed on the students to block their political activities. The National Association of Nigerian students was banned and the Academic Staff Union of Universities was proscribed.
And it is still on the agenda of the Government to implement a policy it called rationalisation of the university system which meant introducing a programme of teaching to suit the local ruling-class, IMF and the World Bank. According to the government white paper on curricular in universities, the government openly stated that:
"the curricular of the institutions of higher learning should be modified to teach subjects in such a way as to reduce the prevailing culture of violence and to enhance stability."10
This means to teach students how to be obedient to IMF and World Bank project on Nigeria’s Education. The IMF and the World Bank already gave the following conditions:
"Reductions of number of uneconomic and nonviable faculties and departments.
Reduction of post-Graduate programmes
Retrenchment of a number of supporting administrative staff
Substantial increase in P.G. fees
Making hostels self-financing
Revenue drive to make universities self-substaining
Agreement to standardise equipment procurement.
Planned introduction of an equipment maintenance system and
Planned introduction of a management information system.11
Government came out with its policy of rationalisation in the white paper on higher Education curricular and Development in Nigeria. But when resistance intensified, the government decided to come through the backdoor, so it established accreditation panels to come up with standardisation of courses in universities.
When the panels completed their assignments, the Government has now come up with the same thing under what it called "Minimum Academic Standards" for all courses.
Other serious set backs to freedom and democracy in our university system are: (1) the Government promulgated a Decree titled Decree No. 167 0f 1985 which eroded the power of university senate (contrary to the decrees stabilising them). Under this decree Government has now the power to send a team to inspect course contents. (2) The cut in university funding and the fact that the NUC has now the power to refuse funding any course, subjected university authorities to dictate of Government, and that’s also contrary to rights of people for education. Hence, qualified people are refused admissions because of this restriction.
1. Controlling the Press:
From 1983-1985 the media was highly restricted by Buhari regime. Despite that the press was on the forefront on co-ordinating and popularising oppositions against the economic and political policies of the Government. With the coming of the current administration, as pointed above, the decree which restraint the media was repeated.
But now, the Government keeps on calling the media to exercise restraint. Sometime with threats. However, with the establishment of a forum of meeting of top government officials, sometimes with managing directors of all media houses and sometimes with editor of all papers, a process of co-optation started, and the media is silently rationalising the state policy of SAP.
But this government also came up with another Decree establishing the Nigeria Media council to control and restraint the press (the council will consist of 18 members, all government appointed and who probably are all in government employment to register and discipline journalists).
(j) Tampering with Democratic Transition to Civilian Rule:
The Federal Military Government under takes to return the counter to a democratically elected civilian government in 1992. But right from the onset Government violates principles of democracy by legislating that only two political parties will be allowed to operate and that the popular choice of socialism in the political Bureau Report was rejected by the Government. It also made a Decree (No.25 of 1987) disallowing certain categories of people from participating in the - politics of the transition, while coming up with a slogan of "extremism" to ban socialists from participating. Infact "extremism" also means to marginalise all those suspected to be critics of SAP from coming to power in 1992.
The prospects for democracy are dashed by other developments. One is that when the president inaugurated the constituent Assembly he outlined what and what cannot be deliberated and even intimidated them that government has the right of dismissing any member-elected or nominated. Another thing is that very recently when the constituent assembly could not agree a shari’ah issue, instead of coming up with a position to democratically solve the problem, Government removed the right of the Assembly to deliberate on that again. Another thing is the removal from office by Ana bra state Government of a popularly collected Chairmen of a local Government area in the state. Finally, up to now the constituent Assembly even while objectives of state economic policy, no one has raised any question on SAP, which we feel is because of undemocratic practice of the state and the way the Assembly is constituted.
In the light of this analysis, it is obvious that, while Nigeria is in a transition to democracy to be achieved, and the party and people and people to win the electrons will be those not to question the Economic and political programme of the currant administration
(k) Mamser and demobilisation of the messes
The directorate for social mobilisation (MAMSER) is a government body for mobilisation of the people, for transition to civilian rule currently going on in the country. The aim of the political bureau, in recommending the establishment of MAMSER is to use it to educate the people to defend their democratic rights and encourage the formations of mass organisations to defend the course of socialism. But on the contrary despite the statement on the role of MAMSER it is now used to defend the interest of the neo-colonial ruling-class.
In the present period of transition to civilian rule, if democracy prevails, independent mass organisations might be formed to present a formidable opposition to the economic programme and the undemocratic tendency of the regime. So, many independent mass organisation stopped from being formed by MAMSER sponsored organisation (Youth organisations, patriotic movements, peasant association etc.), or through its own activities, like education programme, which co-opts organisations with potentiality of being politically independent, thus arresting the development of genuine popular organisations.
(l) Detentions:
A government claiming for Human rights did not repeat Decree No. 2 of 1984, which empowered it to detain people in the name of state security. In fact, Government made use of this Decree to arrest and detain labour leaders, students and int5ellectuals on any slightest thing.
When in 1986, the NLC expressed solidarity with students and arranged for a rally, Government arrested and detained many students, intellectuals and Trade unionists, including the president and the secretary-General of NLC, and following the nation-wide industrial actions embarked upon by industrial unions in protest against petroleum price increase, 56 union leaders were arrested and detained by security agencies in different parts of the country and as of August, 1988, some were still in detentions and then, their whereabouts were not known. Also, in every union strike for a legitimate course of workers union leaders are arrested and detained. For example, following the strike of ASUU, NUBIFIE and NEPA staff in 1988, four Union leaders of ASUU were detained, while in all universities, others were arrested and made to be reporting to security office. For NUBIELE 4 were also detained and 13 NEPA staff detained and even arraigned before a military tribunal.
The conditions of living in prisons for both internal security Decree prisoners and other prisoners have been described as sub-human and deteriorating. Even Nigeria’s Human rights Council reported, during Human right Day of 1988, of bad conditions of prisons, as in most prisons many people share a single room, all sleeping on the floor of the room, no quality and sufficient food and no medicine and doctors for prisoners. These cause many deaths of prisoners.
Some political detainees live in more deteriorating conditions in solitary confinements, and subjected to ill-treatment which amounted to psychological torture. In some cases, even physical forture. For example, Etim, a reporter on the Economic Desk of the Guardian, detained under Decree No.2 in August, 1988 revealed his experience thus:
"It was a very boring period - neither radio, newspaper nor any other literature was allowed. For a newsman, this was very traumatic. I was stripped to my underwear and the idle moments were spent gossiping with other detainees - about 12 of them. We were locked inside one room and allowed out for a short while during meal time. Meals were very skimpy, and the three meals of each day served within an eight-hour span instead of the usual 13 hours"12
The experience of NEPA staff was even more terrible, as one of them reported being beaten on the face so badly that he nearly lost one of his eyes.
(m) Weakening Labour Unions
In addition to dissolution of the Central Labour Organisation, the Federal Military Government interferes with affairs of the Unions constituting the Central Labour Organisation. In any disagreement over legitimate grievances of workers, within a Union, Government interferes and side with the reactionary faction with all force. A good example is of NUBIFLE when on a simple disagreement within the Union, which led to unanimous impeachment of the President; Government imposed him back on the union, and provided him even with police escorts.
Also in Labour disputes over legitimate grievances, leaders of Trade Unions become subjected to humiliation. This is the case of all NEPA staff convicted by a Special Military Tribunal for leading a strike, protesting on why Government refuse to implement the agreement reached with the union.
The leaders were accused of subversion and charged under Decree No.20 of 1984 as amended by Decree No.22 of 1986. This action violates the fundamental principle of International Labour Organisation, of the right of workers to strike.
Moreso, in the course of the trial the NEPA staff were refused a bail by the Tribunal claiming that they were detained under Decree 2. There is now a more danger of workers on strike being convicted even by courts of justice. Of recent when workers of impresit Bakolori at Jibia went on strike, nine leaders were convicted by ordinary court of justice. These are violations of all known declarations in "Human Rights".
Another calculated subversion of labour activities by the state is that after the dissolution of NLC, the Government undertook to establish an intelligence unit, under Federal Ministry of Labour, employment and productivity with the sole responsibility of espionage activities in the labour movement.
Also, contrary to the Decree which established the NLC, government allowed an international labour fronts of the capitalist west: ICFTU and Fraeger Foundations to have contact with NLC when the congress as dissolved - organised seminar even donated money to unions, while contact with World Federation still not allowed. This we believe is calculated to re-orient the NLC to ‘Free-Enterprise’ ideology and to propagate anti-communism in the Trade Union Movement.
Conclusion
The deteriorating economic condition brought by SAP, intervention with affairs of popular organisations by the state, infiltration into and demobilisation of mass organisations, all have not prevented continued oppositions to SAP, and on the other hand, in-human and undemocratic actions of the state. On the one hand students, workers, academics continued making statements, against SAP and inhuman actions of the state. On the other hand, organizations of the right like MAN, NACCIMA, Nigerian Association of Management, Farmers’ council, some churches and mosques and many individuals disagree with some aspects of SAP and it’s impact on the people. The problem, however, is to coordinate these oppositions, for a mass mobilization and resistance. Without mass resistance to what the government is now doing, the prospects for democracy even in the Third Republic is not bright. And we believe that the potential for reversing these tendencies is only within mass organisations, the only possible way to channel oppositions in a direction that will ensure the inevitable success of national democratic revolution and the struggle for socialism.
Footnotes
Abdul Raufu Mustapha, "Repression and the Politics of crisis management in Nigeria" paper presented at the conference on the World Recession and the crisis in Africa, University of Keele, England 29th - 30th of September, 1984, P.5
See Y.B. Usman (ed) Political Repression in Nigeria, Gaskiya Corporation, Zaria, 1982
Federal Military Government, "IMF: Negotiation so far", in Sunday Times, Sept. 29th 1985
For a detail of the resistance of various classes see M.M. Yusif, "Class conflict and political change in Nigeria: 1979 - 1985", M.Sc. dissertation, Dept. of Political Science, BUK, 1985
Ibrahim Badamosi, Babangida, "Meiden Speech to the nation" New Nigeria 30th August, 1985
FMG, "Government White Paper on students crisis at ABU Zaria, May 1986". The Standard, July 1, 1986, P.5
FMG, "Government White Paper on students crisis at ABU Zaria, May 1986. The Standard, Thursday, July 3, 1986, P.5
Cited from Yusuf Bangura, Rauf Mustapha and Said Adamu, "The Depending Economic crisis and its political implications" in Siddique Mohammed and Tony Edoh, Nigeria: A Republic in Ruins, Gaskiya Corporation Limited Zaria 1986, P.195
Professor Jibril Aminu, Press Release issued on April Riots by students. May 24th 1988
FMG, Views and Comments of the Federal Military Government on the Report of the study of Higher Education curricular and Development in Nigeria", Lagos 1987, P.1
Nickolas Bennett et al, World Bank Mission on Nigeria’s Universities Sector April, 1988
See the Guardian of Sunday, December 11, 1988, PP. 11 - 12.
By
Ma’azu Mohammed Yusif
Department of Political Science
Bayero University, Kano
February, 1989
This is a draft document to be edited. It is not allowed to be quoted. But when it is used I hope it will be acknowledged
Introduction
Human rights violations in Nigeria characterised much of the politics of Muhammdu Buhari military administration from January 1984 to august 1985. This period witnessed an outright erosion of Human and Democratic rights in the country, that the current administration, which made up of the same staff with the former regime, and which came to power after a successful coup, even claimed to be an ‘Human rights’ military administration. But contrary is the case. Despite the utterances of the leading officials of the present regime to regarding the Human rights of the people of this country, it is quite evident that political and economic repression, lack of Human and Democratic rights remain a discernable aspect of Nigerian politics. Human right at best, repression and violations of Human rights are carried on in a more skilful, but dangerous manner, which partly included destructing the sources of oppositions to Government, destroying the organisations of mass mobilisation, in a specific sence systematic mass demobilisation.
It is our contention that the emergence of these "neo-fascist" currents in Nigeria is a product of conflicting class interests operating within the social formation, on overcoming Nigeria’s economic crisis. While the state comes with a programme to salvage capital, popular organisations resist. This makes the state to become so desperate, taking a "neo-fascist" political line.
This paper attempts to review the state repressive and inhuman actions which inhibited democratic rights of people and organisations.
Background:
The present crisis of Nigeria’s Economy started in 1982 during the civilian administration, of the presidency of Alhaji Shehu Shagari.
Shagari’s economic measures to arrest the economic crisis contained a lot of IMF prescriptions. Infact his 1983 budget policy was made up of many IMF conditionality. But there began a mounting resistance by students, workers, intellectuals, professional organisations, market women and other popular democratic organisations. Because of the partisan nature of politics, the oppositions became easily popularised. So, the administrations politics of managing the crisis became of repressive strategy. A. R. Mustapha summed this up when he says
"As a consequence of the effect of the economic crisis the Shagari administration… virtually killed "democracy" while intensifying the drive towards repression… The specific policies adopted by the Shagari administration were the terrorisation of the population, using the notorious Para-military mobile police force"1
The repressive and undemocratic postures of shagari administration have been documented rather thoroughly during the last two years of his government2.
Despite these, shagari administration was incapable of implementing the governments economic programme. The government which came to power in January 1984 did not break away from the neo-colonial ruling -class economic programme articulated by the previous administration. Indicating its commitments to IMF prescriptions, the new government even sponsored a publication of its negotiation with IMF: ‘IMF: The negotiation so far3.’ In the publication government pointed 12 conditionalities for Nigeria.
These are:-
(1) Review of public expenditure to reduce the aggregate Federal Government capital expenditure for three years period. (2) Removal of subsidies on petroleum products and fertilizer. (3) To reduce grants, subventions, and loans to parastatals and to privatise some of them. (4) The nationalisation of the customs tariff structure to promote industrial diversifications and international competitiveness. (5) The withdrawal of some industrial incentives like the approved user scheme, designed to assist industrialists to import raw materials at concessionary rate. (6) Appropriate measures to improve revenue collections and the operational efficiency of revenue collecting agencies. (7) Deregulations of interest rate and review of credit guidelines. (8) The promotion of exports manufacturing so as to boost the export of non-petroleum products. (9) Proper foreign debt management through foreign exchange budgeting, and a long-term borrowing programme.(10) Adjustment of producer price and the re-organisation of commodity boards and river basin development Authorities.(11) Devaluation of the naira by 60 percent during the first year and 29 percent each in the next two years.(12) Liberalisation of foreign exchange and import controls.
The implementation of these conditions meant a decline on the living standards of the people and dismantling the welfare responsibilities of the state to the people. Yet the government implemented many of the above conditions, but because of organised resistances by popular force especially the students and the trade unions, the government could not implement the three major element of the package; devaluation of naira; liberalization of imports and withdrawal of so-called petroleum subsidy for example. On withdrawal of petroleum subsidy for example, the state frankly pointed the political implications that might be generated in the country.
The state was so frightened by popular resistances that the then Head of state, Major-General Muhammad Buhari once warned Army officers to always be alert as civilians could overthrow the Government.
The state became more violent. It imposed a rule of terror. One, is through repressive decrees. Some of the more repressive decrees are numbers 2,4,13,16,17,20 and 23. (1) Decrees No.2 titled state security (Detention of persons), empowered the chief of staff supreme head quarters to detain people without trial for period of three months. This could be renewed continuously. When the decree was promulgated, it was used by the regime against students, Labour leaders, social critics, and all forces of oppositions against the economic programme of the regime. (2) Decree No.4 called (public officers protection against false accusation), made it an offence to publicise or broadcast anything that would embarrass Government or a Government functionary, regardless of whether the story was true or not. (3) Decree No.13 named Federal military Government supremacy and enforcement of powers decree conferred only on the supreme military council the power to make and alter any inconsistency coming from Federal military Government decrees. (4) Decree No.16, called civil service commissions and other statutory bodies, etc (Removal of certain persons from office) abolished the right of dismissed workers to seek legal redress, even when their right had been clearly infringed. (5) Decree No.17, called public officers (special provisions), enforced the forfeiture of retirement benefits by workers already dismissed. (6) Decree No. 20 (Miscellaneous offences), provided death penalty by public executions to those who committed certain offences. (7) Decree No.23, military court special powers (enforcement and discipline of Armed forces), prohibited any kind of protest by the Armed forces.
With these and other decrees, the state of law even within the framework of bourgeoisie democracy, as administered in the judiciary had been rendered virtually useless as all provisions of the Government decrees are not challengeable in court of justice even under the guide of chapter 4 of the 1979 suspended constitution.
In addition to the essential decrees, Government came up with other orders, and with threats of arrests and detentions, which undermined democracy and the freedoms of individuals and institutions in the whole society.
The intensification of Resistance
The rise and consolidation of repressive regime intensified oppositions throughout the society which nearly took a co-ordinated and organised form. Oppositions came from many quarters: workers, academics, students, peasants, urban semi-proletariat, market women, professional organisations, the press, churches and mosques, manufacturers Association of Nigeria, individuals, etc4.
The most effective resistance, however, was by popular organisations. Students for example were the most useful source of political resistance. Their demands ranged from reducing cost of education to amore general and political agitations against retrenchment, Government’s intention to temper with academic freedom and all repressive measures. The NLC and its constituent Unions, at any forum, made statements against the regime which terrified the government because it feared workers’ power. Also there were many work stoppages from January 1985 which dashed the hopes of the states Economic programme for unhindered process of capital accumulation. For instance, a central Bank Report mentioned 49 work stoppages during the 1984 period alone. Another source of opposition had been from professional lawyers and jurists who individually and through their professional Association, called for ending of arbitrary arrests and return of juridical norms in the country. Also was he Nigerian Medical Association, who went on strike against the deplorable health care-delivery system and introduction of health levies in the country.
Other significant sources of oppositions were Christian clergy and Islamic preachers. The basis of their oppositions included the socio-economic politicies that produce inflation, unemployment, retrenchment, the curtailment of human rights’ and the general repressive inclinations of the regime.
At another level, detentions of ex-politicians and arrests of even some leading businessmen created a rift between the state and the private capitalist class, that even some private capitalist elements mounted opposition against the regime.
In short, there was mass resistance to the economic and political programme of Buhari regime such that when the Nigerian Association of Resident Doctors went on strike, everyone supported them, which nearly gave rise to unity of all oppositions to the regime.
In the face of these democratic demands, which threatened the regime and the entire capitalist system of accumulation, the Government became more intolerant that a policy directive from the supreme headquarters disallowed national discussion on the political future of the country. Also many Associations, individuals and churches were labelled subversives.
Ibrahim Baban Gida Era:
The first important policy statement by the current administration is an undertaking to guarantee human rights. In his maiden speech to the nation, the president promised to review all decrees, which denied the people human rights’. He even straight away repealed Decree No. 4 which gagged the press. He said:
"As we do not intend to lead a country where individuals are under the fear of expressing themselves, the public officers protection against false accusation Decree No. 4 of 1984 is hereby repealed."5
Fine, but is only to gain legitimacy for the new administration. The worst is now done to the press.
Moreso, it is very clear from the maiden speech of the president that he’s still pro-IMF economics, opposed by popular forces in the country. Notwithstanding, the regime thought of controlling the oppositions.
So, the government launched IMF loan debt, with terms of reference for the people to decide whether to take IMF loan or not. Popular organisations did a lot of work of mobilising even the unorganised peasants against the loan and its conditionalities. So, various sections of the Nigerian people, student’s, traders, workers, intellectuals, peasant market women, and a larger section of the private capitalists rejected it. The Government had no alternative but to come up with a statement rejecting the IMF loan. But the Government as it happened in Tanzania came up with Economic programme called Structural Adjustment Programme, which contained all the conditionalities of the IMF, under the name of indigenous programme of overcoming the crisis of Nigeria’s economy.
Another development which popular opinions used to threatened the current administration was the political Bureau debate on the future of civilian politics in the country. Because of the popular and mass opinions of Nigerians for socialism as the only system good for the ‘people’, the Bureau had no other alternative but to recommend socialism as the popular views of Nigerians.
Thus, the Government became more repressive while implementing its Structural Adjustment Programme (SAP). It becomes more repressive, but using different style. In the following pages, we are going to highlight some repressive policies and actions of the present regime.
Since the Trade Unions Movements, students; academics have the most organised resistant movements, they are naturally the targets of the repressive tendencies of the regime
(a) Economic Emergency Powers:
We earlier pointed of the crisis of Nigeria’s economy, even before the current regime came to power in August 1985. Thus, in October of the same year, a state of Economic Emergency was declared for a period of 15 months. This culminated in promulgating the national Economic Emergency power Decree which empowers the president to issue for us and make regulations aimed at revamping the capitalist system and regulating any opposition against the system and the state.
Under this Emergency powers, in addition to arbitrary cut of workers ‘wages, virtually all the IMF conditionalities are being implemented under the SAP, introduced under the Economic Emergency powers. This SAP brings extreme of hardship to the people, the reality of which is common to be specified here.
The Government also used the Economic Emergency power against popular organisations. For example, when the NLC was dissolved in February, 1988, a statement came in Government Gazette, as Economic Emergency power (the dissolution of NLC) And when the labour Unions persistently opposed the dissolution and consistently refused to cooperate with the sole administrator appointed by the government another Government Gazette come out using the Economic Emergency powers, stating that no one can stop or challenge the NLC elections to be organised by the sole administrator in a court of justice.
(b) Internal Security Decree:
We earlier mentioned of Decree No.2 (Detention of persons) promulgated by Buhari regime. This Government has done nothing to dismantle this Decree, despite the Government’s human rights slogans. Infact, it used the Decree to arrest and detained more labour leaders, students activists and many others from the ranks of the ‘people’ than the previous regime in the name of state security.
(c) Abisoye panel Recommendations:
After May 1986 students’ crisis, the government established a committee under the chairmanship of Major General (rtd) Abisoye, who’s all recommendations, were accepted by the government, and which gave the government more restrictive leverage over democratic struggles of popular forces in the country.
The recommendations and the government white paper is intended to stifle and neutralise oppositions against unpopular government policies by students. because of solidarity given to the students by Nigeria’s Labour Congress (NLC) and the proscribed Academic Staff Union of Universities (ASUU), and the Government showed its intention, through the Abisoye report to break the historical alliance of students-intellectuals and workers (NANS-ASUU-NLC).
In the case of the intellectuals Abisoye recommended that:
"…members of ASUU in ABU and other universities are not teaching what they are paid to teach. The commission recommends that Government should critically look into this, and if their role is inimical to the stability of Government, these teachers should be flushed out of the universities."6
Government accepted this and asked Federal Ministry of Education to take action. The ministry compiled names of people for dismissal from all universities, but the Academic Staff Union of Universities prevented that to happen. Government put a judicial panel i.e. Akanbi panel to rationalise and legalise what it intended to do, but was also averted by popular resistance.
And to break the unity of students and Labour Movement against the economic and political programmes of the regime, Abisoye recommended that "All Trade Unions should not interfere with students Union activities" and further stated that "student Union is not a trade union and, therefore should not get involved in trade unionism".7 This meant a denial of freedom of association to students and workers. As an undemocratic Government, the recommendations are accepted and even won the NLC not to support student militancy.
The Government has taken more despotic anti-democratic measures against the students and their union. These are the measures against the students;
In order to cripple students Unionism, government ordered university Authorities not collect union fees from students on behalf of the student union and the university Authorities shall no longer give any grant to the student unions.
That congress meeting of student unions is banned, only a parliament and Executive council allowed and where congress meets these two bodies would be held responsible.
That university Authorities should specify leadership qualities and Impose conditions on student’s union politics.
Government also suspended student unionism immediately in all campuses, and subject to lifting only on the student’s satisfying the Governing council of being of good behaviour.
The commission reported that "the Government should determine and check the relationship between NANS and the Student Unions in various campuses" and so Government banned the National Association of Nigerian students.
These restrictions on students Unionism is meant not allow student unionism operate independently. They pave way of infiltration by government and university Authorities, and also authority’s intervention in student’s response to undemocratic policies of government and university authorities as recently the case in university of Benin, university of Lagos and Obafemi Awolowo University.
(d) 1986 NLC Amendment Decree
Following the students crisis in May, 1986 Government felt that, to break the unity of democratic forces and the role of intellectuals in raising the revolutionary consciousness of workers is to excise the proscribed union of academics from the Nigeria’s central labour movements. As such the Decree which established the NLC, and which allowed Senior Staff Unions to join (hence ASUU affiliation), was amended, in order to nullify the affiliation of ASUU. But to weaken the union of the intellectuals, Government also directed that payment of union dues is voluntary.
(e) Dissolution of NLC
Since the beginning of Nigeria’s economic crisis, employers have descended on workers, cutting salaries, retrenching workers for weeks and in many cases dismissing them from work. This meant that the NLC had to rise, which it did to defend Nigerian workers. So, even during Shagari administration for example, Government wanted to come up with legislation to decentralise the NLC, but was resisted by the union. But still then, the National Economic Council Report on the state of the economy came up with recommendations against the labour unions. These are:
"There should be a wage freeze for both public and private sectors throughout the 1983 fiscal year.
strikes should be suspended for a period of one year,
Employees who are on strike should receive no pay for the duration of the strike. Sympathy strikes should be banned completely.
Strikes should be made illegal for essential services and security forces should be organised to step in, in case of emergency"8
These did not deter the labour unions from launching campaign to repeal any legislation against the democratic rights of the working-class and the recognition by Government, by making a law, of the right of workers to strike, including mass strike.
Having the history of the NLC militancy, the current administration, fearing any mass resistance against SAP looked for the slightest excuse to intervene in the affairs of NLC. This opportunity came when in February, 1988, during the national Delegate conference of NLC a disagreement occurred dividing the congress into two factions. Instead of allowing the congress to resolve differences in a democratic manner, the Federal Military Government intervened, dissolved the congress and appointed a sole Administrator, who administered the Union until December, 1988.
By intervening, Government hoped to deregister some unions restructure the NLC, and change the constitution of the congress. These are all intended to balkanise the congress, cut the historic relations between unions and the congress, between state councils and the national body and between the unions and ranks-and file in factories. Furthermore, Government was terrified by the democratic position of the NLC during the political Bureau debate and had wanted either to destroy NLC ideas or infiltrated to subvert it.
Lacking strength to carry out its plan during the period of dissolution, because of more organised resistance from the unions and because the Government anticipated unions to ask the Government to dismiss the sole administrator and allowed the secretariat of NLC to organise the elections, Government came up with order that no court action or tribunal could stop the sole administrator to organise the special delegates conference at which a new leadership of the NLC would be elected. According to an official gazette No. 76 Vol. 75, it said "No any other law, claim or declaration shall be inquired into in any court of Law or tribunal other than as provided for in the promulgated orders."
We earlier indicated that the Government used the Economic Emergence powers to make the order a legislation.
(f) April Riots and Government’s Restrictions:
April riots of students and workers against increase of prices of petrol and petroleum products, made the Government to come up with more measure against the democratic rights of the people. The government threatened to enact a decree with harsh penalties on student’s demonstrations, but in any case to intimidate students from seeking their rights from Government and university authorities, came with an order that any institution that goes on strike will be closed indefinitely. This is to divide the students and create confusion in their own ranks so that they may not be able to stand together and fight collectively for their own rights and the rights of other oppressed people in the society. Here Government also accused radical teachers and ordered authorities of institutions of learning to deal with them.9
Four institutions of higher leaning were closed down for long after the riots. Only to be re-opened when Government noticed widespread opposition to their closure including a strike by proscribed ASUU and intended another insurrection by NLC. As for the Unions, after dishonouring its promises for their demands, government continued with threats against the union through the sale administrator.
(g) Proscription of ASUU:
The Academic Staff Union of Universities was one of the popular organisations that spear headed Democratic and human Rights" of the people. Even during Buhari administration when IMF-imposed policy of retrenchment took place in all government establishments, it could not take place in the university due to the resistance being waged by ASUU. Moreso, ASUU articulated the dangers of SAP for the society and popularised them. Thus, the current administration continued to assault and threatened the existence of the union and even of its leadership. When in June/July, 1988, the union went on National strike, demanding among other things democratisation of university system by giving them autonomy, the government proscribed the union to put a stop to organised struggles against government unpopular policies.
(h) Stifling the Academic and the University System:
As pointed out above, since the current administration came to power, a severe system of internal constraint is imposed on the students to block their political activities. The National Association of Nigerian students was banned and the Academic Staff Union of Universities was proscribed.
And it is still on the agenda of the Government to implement a policy it called rationalisation of the university system which meant introducing a programme of teaching to suit the local ruling-class, IMF and the World Bank. According to the government white paper on curricular in universities, the government openly stated that:
"the curricular of the institutions of higher learning should be modified to teach subjects in such a way as to reduce the prevailing culture of violence and to enhance stability."10
This means to teach students how to be obedient to IMF and World Bank project on Nigeria’s Education. The IMF and the World Bank already gave the following conditions:
"Reductions of number of uneconomic and nonviable faculties and departments.
Reduction of post-Graduate programmes
Retrenchment of a number of supporting administrative staff
Substantial increase in P.G. fees
Making hostels self-financing
Revenue drive to make universities self-substaining
Agreement to standardise equipment procurement.
Planned introduction of an equipment maintenance system and
Planned introduction of a management information system.11
Government came out with its policy of rationalisation in the white paper on higher Education curricular and Development in Nigeria. But when resistance intensified, the government decided to come through the backdoor, so it established accreditation panels to come up with standardisation of courses in universities.
When the panels completed their assignments, the Government has now come up with the same thing under what it called "Minimum Academic Standards" for all courses.
Other serious set backs to freedom and democracy in our university system are: (1) the Government promulgated a Decree titled Decree No. 167 0f 1985 which eroded the power of university senate (contrary to the decrees stabilising them). Under this decree Government has now the power to send a team to inspect course contents. (2) The cut in university funding and the fact that the NUC has now the power to refuse funding any course, subjected university authorities to dictate of Government, and that’s also contrary to rights of people for education. Hence, qualified people are refused admissions because of this restriction.
1. Controlling the Press:
From 1983-1985 the media was highly restricted by Buhari regime. Despite that the press was on the forefront on co-ordinating and popularising oppositions against the economic and political policies of the Government. With the coming of the current administration, as pointed above, the decree which restraint the media was repeated.
But now, the Government keeps on calling the media to exercise restraint. Sometime with threats. However, with the establishment of a forum of meeting of top government officials, sometimes with managing directors of all media houses and sometimes with editor of all papers, a process of co-optation started, and the media is silently rationalising the state policy of SAP.
But this government also came up with another Decree establishing the Nigeria Media council to control and restraint the press (the council will consist of 18 members, all government appointed and who probably are all in government employment to register and discipline journalists).
(j) Tampering with Democratic Transition to Civilian Rule:
The Federal Military Government under takes to return the counter to a democratically elected civilian government in 1992. But right from the onset Government violates principles of democracy by legislating that only two political parties will be allowed to operate and that the popular choice of socialism in the political Bureau Report was rejected by the Government. It also made a Decree (No.25 of 1987) disallowing certain categories of people from participating in the - politics of the transition, while coming up with a slogan of "extremism" to ban socialists from participating. Infact "extremism" also means to marginalise all those suspected to be critics of SAP from coming to power in 1992.
The prospects for democracy are dashed by other developments. One is that when the president inaugurated the constituent Assembly he outlined what and what cannot be deliberated and even intimidated them that government has the right of dismissing any member-elected or nominated. Another thing is that very recently when the constituent assembly could not agree a shari’ah issue, instead of coming up with a position to democratically solve the problem, Government removed the right of the Assembly to deliberate on that again. Another thing is the removal from office by Ana bra state Government of a popularly collected Chairmen of a local Government area in the state. Finally, up to now the constituent Assembly even while objectives of state economic policy, no one has raised any question on SAP, which we feel is because of undemocratic practice of the state and the way the Assembly is constituted.
In the light of this analysis, it is obvious that, while Nigeria is in a transition to democracy to be achieved, and the party and people and people to win the electrons will be those not to question the Economic and political programme of the currant administration
(k) Mamser and demobilisation of the messes
The directorate for social mobilisation (MAMSER) is a government body for mobilisation of the people, for transition to civilian rule currently going on in the country. The aim of the political bureau, in recommending the establishment of MAMSER is to use it to educate the people to defend their democratic rights and encourage the formations of mass organisations to defend the course of socialism. But on the contrary despite the statement on the role of MAMSER it is now used to defend the interest of the neo-colonial ruling-class.
In the present period of transition to civilian rule, if democracy prevails, independent mass organisations might be formed to present a formidable opposition to the economic programme and the undemocratic tendency of the regime. So, many independent mass organisation stopped from being formed by MAMSER sponsored organisation (Youth organisations, patriotic movements, peasant association etc.), or through its own activities, like education programme, which co-opts organisations with potentiality of being politically independent, thus arresting the development of genuine popular organisations.
(l) Detentions:
A government claiming for Human rights did not repeat Decree No. 2 of 1984, which empowered it to detain people in the name of state security. In fact, Government made use of this Decree to arrest and detain labour leaders, students and int5ellectuals on any slightest thing.
When in 1986, the NLC expressed solidarity with students and arranged for a rally, Government arrested and detained many students, intellectuals and Trade unionists, including the president and the secretary-General of NLC, and following the nation-wide industrial actions embarked upon by industrial unions in protest against petroleum price increase, 56 union leaders were arrested and detained by security agencies in different parts of the country and as of August, 1988, some were still in detentions and then, their whereabouts were not known. Also, in every union strike for a legitimate course of workers union leaders are arrested and detained. For example, following the strike of ASUU, NUBIFIE and NEPA staff in 1988, four Union leaders of ASUU were detained, while in all universities, others were arrested and made to be reporting to security office. For NUBIELE 4 were also detained and 13 NEPA staff detained and even arraigned before a military tribunal.
The conditions of living in prisons for both internal security Decree prisoners and other prisoners have been described as sub-human and deteriorating. Even Nigeria’s Human rights Council reported, during Human right Day of 1988, of bad conditions of prisons, as in most prisons many people share a single room, all sleeping on the floor of the room, no quality and sufficient food and no medicine and doctors for prisoners. These cause many deaths of prisoners.
Some political detainees live in more deteriorating conditions in solitary confinements, and subjected to ill-treatment which amounted to psychological torture. In some cases, even physical forture. For example, Etim, a reporter on the Economic Desk of the Guardian, detained under Decree No.2 in August, 1988 revealed his experience thus:
"It was a very boring period - neither radio, newspaper nor any other literature was allowed. For a newsman, this was very traumatic. I was stripped to my underwear and the idle moments were spent gossiping with other detainees - about 12 of them. We were locked inside one room and allowed out for a short while during meal time. Meals were very skimpy, and the three meals of each day served within an eight-hour span instead of the usual 13 hours"12
The experience of NEPA staff was even more terrible, as one of them reported being beaten on the face so badly that he nearly lost one of his eyes.
(m) Weakening Labour Unions
In addition to dissolution of the Central Labour Organisation, the Federal Military Government interferes with affairs of the Unions constituting the Central Labour Organisation. In any disagreement over legitimate grievances of workers, within a Union, Government interferes and side with the reactionary faction with all force. A good example is of NUBIFLE when on a simple disagreement within the Union, which led to unanimous impeachment of the President; Government imposed him back on the union, and provided him even with police escorts.
Also in Labour disputes over legitimate grievances, leaders of Trade Unions become subjected to humiliation. This is the case of all NEPA staff convicted by a Special Military Tribunal for leading a strike, protesting on why Government refuse to implement the agreement reached with the union.
The leaders were accused of subversion and charged under Decree No.20 of 1984 as amended by Decree No.22 of 1986. This action violates the fundamental principle of International Labour Organisation, of the right of workers to strike.
Moreso, in the course of the trial the NEPA staff were refused a bail by the Tribunal claiming that they were detained under Decree 2. There is now a more danger of workers on strike being convicted even by courts of justice. Of recent when workers of impresit Bakolori at Jibia went on strike, nine leaders were convicted by ordinary court of justice. These are violations of all known declarations in "Human Rights".
Another calculated subversion of labour activities by the state is that after the dissolution of NLC, the Government undertook to establish an intelligence unit, under Federal Ministry of Labour, employment and productivity with the sole responsibility of espionage activities in the labour movement.
Also, contrary to the Decree which established the NLC, government allowed an international labour fronts of the capitalist west: ICFTU and Fraeger Foundations to have contact with NLC when the congress as dissolved - organised seminar even donated money to unions, while contact with World Federation still not allowed. This we believe is calculated to re-orient the NLC to ‘Free-Enterprise’ ideology and to propagate anti-communism in the Trade Union Movement.
Conclusion
The deteriorating economic condition brought by SAP, intervention with affairs of popular organisations by the state, infiltration into and demobilisation of mass organisations, all have not prevented continued oppositions to SAP, and on the other hand, in-human and undemocratic actions of the state. On the one hand students, workers, academics continued making statements, against SAP and inhuman actions of the state. On the other hand, organizations of the right like MAN, NACCIMA, Nigerian Association of Management, Farmers’ council, some churches and mosques and many individuals disagree with some aspects of SAP and it’s impact on the people. The problem, however, is to coordinate these oppositions, for a mass mobilization and resistance. Without mass resistance to what the government is now doing, the prospects for democracy even in the Third Republic is not bright. And we believe that the potential for reversing these tendencies is only within mass organisations, the only possible way to channel oppositions in a direction that will ensure the inevitable success of national democratic revolution and the struggle for socialism.
Footnotes
Abdul Raufu Mustapha, "Repression and the Politics of crisis management in Nigeria" paper presented at the conference on the World Recession and the crisis in Africa, University of Keele, England 29th - 30th of September, 1984, P.5
See Y.B. Usman (ed) Political Repression in Nigeria, Gaskiya Corporation, Zaria, 1982
Federal Military Government, "IMF: Negotiation so far", in Sunday Times, Sept. 29th 1985
For a detail of the resistance of various classes see M.M. Yusif, "Class conflict and political change in Nigeria: 1979 - 1985", M.Sc. dissertation, Dept. of Political Science, BUK, 1985
Ibrahim Badamosi, Babangida, "Meiden Speech to the nation" New Nigeria 30th August, 1985
FMG, "Government White Paper on students crisis at ABU Zaria, May 1986". The Standard, July 1, 1986, P.5
FMG, "Government White Paper on students crisis at ABU Zaria, May 1986. The Standard, Thursday, July 3, 1986, P.5
Cited from Yusuf Bangura, Rauf Mustapha and Said Adamu, "The Depending Economic crisis and its political implications" in Siddique Mohammed and Tony Edoh, Nigeria: A Republic in Ruins, Gaskiya Corporation Limited Zaria 1986, P.195
Professor Jibril Aminu, Press Release issued on April Riots by students. May 24th 1988
FMG, Views and Comments of the Federal Military Government on the Report of the study of Higher Education curricular and Development in Nigeria", Lagos 1987, P.1
Nickolas Bennett et al, World Bank Mission on Nigeria’s Universities Sector April, 1988
See the Guardian of Sunday, December 11, 1988, PP. 11 - 12.
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