How Yar'Adua has improved Nigerian democracy

The title above will seem ludicrous to many who read it. After all, President Yar'Adua was handpicked by former President Obasanjo for the job of president. His elections scandalised the world with the level of violence and rigging that was used to ensure that he and other members of his party, the People's Democratic Party (PDP), won. His hand-selected 'wingman', the attorney general, Michael Aondoakaa, has deliberately interfered in and stalled anti-corruption cases against many who have the wealth and connections to guarantee his support. Under Yar'Adua, the anti-corruption crusade – seen to be a bright spot in Nigeria's progress – came to a screeching halt with the removal of Nuhu Ribadu, the former head of the Economic and Financial Crimes Commission (EFCC).

Yes, the list could go on and on about the various large and small incidents that illustrate the non-democratic aspects of Yar'Adua and his administration. It is clear that his time as president has been marked by problems, which put into question whether Nigeria is truly a democracy. Ironically, his more than two month absence has done most good for Nigerian democracy, as it has forced actions that will set a precedent in determining the future of Nigeria’s democracy. The number of court challenges, protest marches, discussions amongst legislators and growing discontent of the greater public on the matter will likely go down in history as the steps that led to the entrenchment of democracy. Already, these and other factors have resulted in President Yar'Adua bowing to public pressure and opinion. Depending on how things go in the next few days[1], Nigerians might just have Yar'Adua to thank for taking the nation one step further in the solidification of a democratic system that is uniquely Nigerian.

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YAR'ADUA'S ROAD TO THE PRESIDENCY

Yar'Adua, a former state governor, came to power as Nigeria's first university-educated President. When he was handpicked to succeed former President Obasanjo, much was made of his alleged kidney condition. During the presidential campaign in 2007, he was rushed to Germany and rumours grew of his death. He soon gave an interview to the BBC to assure voters that he was very much alive. He eventually went on to win an election, which was declared heavily flawed by local and international observers. Yar'Adua himself conceded that the process needed reform and created a 22-member committee to ‘review the electoral process’ and ‘consider possible changes to the Constitution’.

He stood out from all previous politicians by declaring his assets and giving an acceptance speech that assuaged the fears and concerns of many. His speech even compelled Movement for the Emancipation of the Niger Delta (MEND) militants to grant the nation a reprieve from violence with a ceasefire. Yar'Adua soon declared himself a ‘servant leader’ and frequently espoused a 'rule of law' mantra. He also claimed that he was focused on providing, ‘a purposeful and result-oriented administration that will yield tangible and visible benefits for all Nigerians.’ Thankfully, and much to the president's credit, he did not interfere in the court's review and overturn of various election results that had been challenged, including his own. After six months of reviewing evidence on the presidential polls, the election tribunal eventually ruled that Yar'Adua's election results would stand.

SERIOUS BUMPS ALONG THE WAY

The start of his first term as president gave many hope that Yar'Adua would be a different kind of leader. Although he was soon seen as slow – being given nicknames such as ‘Yawn'Adua’ and ‘Baba Go Slow‘ – many did not mind this style because they thought it was an improvement on the attitude of the previous president. Obasanjo was seen as brash and someone who believed that he alone could fix the nations problems – a temperament that caused him to usurp powers that did not belong to the executive office. This eventually caused problems for individuals like Ngozi Okonjo-Iweala with outright corruption scandals in the power and petroleum sectors, among others.

Unfortunately, Yar'Adua was quickly considered by many to be a non-performer with no sign of progress on certain campaign promises. Popular and international opinion soured further when the State Security Service (SSS), a security agency that reports directly to the president, arrested and unlawfully detained two Nigerian political bloggers because they published information deemed embarrassing to the president. Yar'Adua also ordered the arrest of journalists and sued them. The court ruled, however, that he could not sue as an individual, thus bringing that issue to a close. His party threw out repeated accusations of treasonable offences against opposition parties and at one point even accused President Obama of trying to subvert Yar'Adua's presidency. Discontent, with the failure to provide consistent electricity supply, increased amongst most segments of the nation, particularly as unemployment rose and major corporations left the country. The fuel shortages and closure of public universities, due to striking teachers, only contributed to the list of problems the president had to deal with.

A POWER VACUUM FORCES CONSTITUTIONAL REVIEW

During his first two years in office, Yar'Adua took various trips to Saudi Arabia and Germany to seek medical attention for his 'kidney condition'. On 23 November 2009, he was quickly rushed to Saudi Arabia to receive emergency treatment on what was later revealed to be a heart condition called pericarditis (an inflammation of the lining around the heart). Nigerians, seeking to gain additional information about their president's welfare, were overwhelmingly left in the dark. After weeks without knowing whether the president was alive or dead and an international diplomatic incident that resulted in Nigeria's placement on a ‘terror prone’ list, Nigerians began to take to the streets in peaceful protest against Yar'Adua's absence and refusal to handover to the vice president – be it temporarily or not.

The power vacuum created by Yar'Adua's absence was highlighted by the lack of adequate response to the suicide bomb attempt carried out by Abdulmutallab on Delta Airlines on Christmas Day 2009. The inability of the vice president to speak concretely and take executive action, pushed many over the edge. The signature of the 2010 budget, and swearing in of a new chief justice, allegedly by a sick and missing president, were just some of the factors that led some to seek the court's guidance on matters.

THE COURT CASES

Yar'Adua's absence brought up constitutional issues over how executive power is temporarily transferred to the vice president. A previous health emergency resulted in significant criticism for the president, as many believed he violated a constitutional requirement by failing to inform the National Assembly of his absence. In January 2009, President Yar'Adua made sure to inform the National Assembly of an impending two week vacation, so as not to be again accused of flouting constitutional requirements.

Given this history, when Yar'Adua left the country in November 2009 and did not follow perceived protocols, it only took a few weeks for the first court cases to be filed. The Nigerian Bar Association filed a case demanding that the president hand over power to the vice president, so that Vice President Jonathan could have executive powers. Then, the introduction of the 2010 national budget while the president was allegedly on his 'sick bed' fuelled concerns over the forgery of his signature and a court case was filed by the Conference of Nigerian Political Parties (CNPP). A rights group also brought a case seeking the court to declare Yar'Adua ‘missing’.

A ruling that Yar'Adua was not required to formally inform the National Assembly of his absence, spurred a meeting of pro-impeachment legislators to discuss what legislative action could be taken in light of the court's ruling.

BACK AND FORTH IN THE NATIONAL ASSEMBLY

Amidst the court cases were deliberations in the national assembly by legislators. Although certain members of the House and Senate announced that they were to fly to Saudi Arabia to discuss matters with the president, that never happened and rumours soon spread that the president's handlers asked the Saudi government to refuse visas for those intending to visit.

Repeated attempts to raise the issue of the president's absence on the floor of the Senate did not get far. In fact, the Senate president repeatedly stated that their ‘hands [were"> tied’ on the issue. The Federal Executive Council, which can declare the president incompetent, announced that the president was capable of handling the responsibilities of his office and a court gave the president 14 days to prove that he was capable of handling his responsibilities. Even though it had ignored impeachment calls, the Senate, now empowered, asked the president to send a letter declaring his capacity to govern. The body later announced that it was once again powerless to compel a letter.

As the days without a president increased, 200 members of the House of Representatives signed a letter addressed to Yar'Adua, expressing their willingness to impeach him for his absence and failure to handover to the vice president while away. The letter specified: ‘We, the undersigned members of the House of Representatives of the Federal Republic of Nigeria, may, in the national interest be compelled to resort to any appropriate legislative process under the constitution of the Federal Republic of Nigeria to salvage the nation and our hard-won democracy if the present avoidable danger or threat to the existence of our nation and its democracy are not averted...’ The letter went on to clarify that the stance taken by these legislators did not hinge on any personal issues or grievances, but simply on the need to protect the ‘sovereignty of the people ... and the sanctity of the constitution of the Federal Republic of Nigeria, the sustenance of our young democracy and the stabilisation of our diverse and dynamic polity.’

This letter, coupled with international pressure in the form of public statements made by EU and American leaders, seemingly compelled the president to push forward his return to Nigeria. Reports soon revealed that an air ambulance had been ordered to schedule a return flight.

MILITARY MOVES

For almost half of Nigeria's 50 years as an independent country, the nation has been controlled by one military dictator or another. Concerns, therefore, grew that the power vacuum would lead to a military intervention. Nigeria's military leaders, however, collectively informed the public that they had no intention of dabbling in politics and specifically limited troops’ movements so as to dispel any rumours. Considering the power of Nigeria's military and the fact that it has historically overthrown democratic elections, it is encouraging that the military did not just say that it has no plans to govern the country, but also took direct action to limit the possibility of a coup.

PUBLIC DISCOURSE

In the early days of Yar'Adua's absence, many were admonished and heavily criticised for questioning, or outright demanding, his resignation. At that time, many Nigerians felt it rude and unsympathetic to speak of resignation instead of wishing the president a quick and successful recovery. Unfortunately, Yar'Adua's prolonged absence and lack of transparency soon diminished a lot of goodwill, as many felt his decision to hold onto power was not in the interest of the people and it encouraged rigorous debate on the matter.

As the weeks went by with few convincing words on the president's condition, the calls for the president to handover to his vice president increased. Apart from citizens discussing the matter, newspapers looked closer at how much money was being spent on the president's health needs, and examined the productivity of ministers during the president's absence. One paper even pointed out exactly how many days the president had spent outside the country due to his health problems over a 32 month period. The number totalled 109. Unlikely groups, such as the pro-Northern, pro-Muslim organization Arewa Consultative Forum, joined the calls for Yar'Adua to step down. Labour unions planned a one-day strike to encourage the president to 'honour' the constitution and handover to the vice president. On 3 February 2010, a group of 17 Nigerian newspapers & media organizations warned Nigeria's President Yar'Adua to quit in seven days. Even the man who picked Yar'Adua to become president, Olusegun Obasanjo, made a public plea for resignation.

In an unprecedented move, Nigeria's Minister of Information advised the body to admit that Yar'Adua is unable to serve. Her suggestion was rejected by the Federal Executive Council. Furthermore, the House of Representatives considered a bill that would automatically hand power over to the vice president in the event that the president is absent for more than 21 days. If passed and accepted by the Senate, this law would likely pave the way to preventing a repeat of the power vacuum caused by president Yar'Adua's over his 75 day stay in Saudi Arabia.

BOWING TO PUBLIC PRESSURE

Nigeria is a country struggling to create a democratic system tailored to fit its specific needs. In this quest, therefore, there have been starts and stops. But Yar'Adua's health problems and resulting reactions have now resulted in the president's handlers revealing that he is set to temporarily handover executive functions and powers to Vice President Goodluck Jonathan. According to the BBC, a formal letter will be submitted to the houses of the National Assembly in which the president will claim a ‘medical vacation’ as the basis for the transfer of powers. If Yar'Adua, in fact, carries out this line of action, it will be despite the fact that, as noted above, a court ruled that he was under no constitutional obligation to perform such a formal transfer of powers. This can, therefore, be interpreted as the result of 'people power' and will act as a precedent in future situations to empower the people to voice their opinions. It will also act as a reminder to other politicians and future heads of state that the people cannot be ignored. This, in addition to all the various specific occurrences during Yar'Adua's absence, will indeed be a helpful factor in the creation of a Nigeria-specific democracy that will hopefully pay dividends in the future. And to think that Yar'Adua – his sickness, absence and resulting political confusion – just might be the reason for all of this. Maybe it is true that to every cloud, there is a silver lining.

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* Funmi Feyide-John is a Nigerian lawyer and writer living in Washington DC.
* Please send comments to [email protected] or comment online at Pambazuka News.

NOTES

[1] This article was written before Nigeria's vice president was made acting president. While the article remains relevant, the author acknowledges that events continue to unfurl and gives a news update: 'The National Assembly declared the vice president "acting president", and provided for Yar'Adua to return to the nation's helm when he proves that he is capable of fulfilling his presidential duties. In addition, the new acting president is showing his control with the demotion of the Minister of Justice, Micahel Aondoakaa. Aondoakaa is seen as Yar'Adua's 'wingman' and staunch supporter. He has also been accused of interfering in the nation's anti-corruption crusade.'