The Nigeria Endangered Democracy: The Validations Of Democratic Violations Within The Civic Rights Of The People.

AT THE 2023 UNITED NATIONS INTERNATIONAL HUMAN RIGHTS DAY; UDHR @75 (Universal Declaration of Human Rights @75) HELD ON TUESDAY DECEMBER 12, 2023, AT THE UNIVERSITY OF LAGOS, AKOKA. YABA LAGOS.

INTRODUCTION, HISTORICAL REVIEW & BACKGROUND.

Civic or civil rights has to do with individuals' rights guaranteed by law to participate in civic and political activities without any encumbrances or repression. It further emphasises the rules of engagement between the people and the government in the areas of freedom of expression, active involvement in political process with fair and equal treatment.

These rights have been conceptualised in the areas of freedom to associate & assemblage, right to vote & be voted for, freedom of speech & expressions, freedom from discrimination, rights to due process and fair trial inclusive of privacy rights. All of these had evolved over the years to ensure a just and indiscriminate code of engagement between the various societies' authorities and the people while expressing their civic rights and liberty.

The elements of right to vote and be voted for within the civic rights concept has further brought about the democratic concept within its attendant long historical overview which has a significant importance to our discourse of today.

Before the 5^th century BC, societies were mainly feudal with monarchical rulership. However, during the Renaissance, the thoughts of individual rights and governance started evolving towards laying some groundworks for future democratic ideals. For instance, Athens of the ancient Greek through system of direct democracy allowed its eligible citizens to participate directly in decision making through the assembly by proposing and voting on laws and policies. While these kept on evolving until the epoch of Enlightenment Era of 17^th & 18^th centuries, some philosophers and thinkers like John Locke, Jean-Jacques Rousseau, Montesquieu and others engaged in propagating more democratic/civic concepts that revolutionised democratic tenets especially in both the French and America's revolutions.

John Locke, taking into cognisance the inherent natural individual's rights to life, liberty and property which should be adequately protected by the government holding in trust the sovereignty of the people, advocated for such government to be bounded by laws, rules and regulations to ensure such adequate protection; invariably, laying a foundation for constitutionalism. This thought influenced one of the earliest constitutions ever written – The Fundamental Orders of Connecticut in America that laid the framework for self-government inclusive of principles of representation adopted in 1639.

Montesquieu advocated for the separation of powers between the three arms of government of the legislature, the executive and the judiciary to forestall power concentration which can invariably lead to tyrannical government where rights of the people cannot be effectively protected.

Jean-Jacques Rousseau espoused on the concept of Social Contract with emphasis that, political authority lies fully with the people and as such can influence who governs them through their popular sovereignty and direct democracy.

Some other philosophers and earliest democratic thinkers includes among many others: Thomas Paine who advocated for representative democracy as against hereditary monarchy; Mary Wollstonecraft advocated for the rights of the women within the polity; Alexis de Tocqueville was concerned with the essence of civil society with thoughts on likely consequences of majority tyranny; Karl Marx came about the essentials and values of economic equality and social justice in the democratic system; John Stuart Mill's propagation influenced the concept of individual liberty within any democratic setting especially when such is not affecting others negatively while, Mahatma Gandhi advocated on the ideals of nonviolent civil disobedience as part of the processes checkmating democratic government from being tyrannical and autocratic.

UNITED NATION'S CHARTER AND DEMOCRATISATION WITHIN THE CIVIC RIGHTS TENET.

The United Nations through its General Assembly resolutions have always been committed to reinforcing the importance of democratic governance, civil rights, rule of law coupled with the civil society organisations' engagements within the democratic processes. However, the UN does not have any specific charter dedicated to democratic tenets rather, some of its founding documents gives credence to the principles which promotes and supports values of democratisation as well as its practices. For instance:

Article 21 states that, the will of the people shall be the basis of the authority of government – essentially, the right of the people to vote and be voted for. This article was further reaffirmed by articles 2 & 5.

Equally, Goal 16 of the Sustainable Development Goals (SDGs) emphasises the promotion of peaceful and inclusive societies, providing access to justice for all and building effective, accountable and inclusive institutions at all levels. It includes targets related to ensuring responsive, inclusive, participatory and representative decision making.

Notwithstanding, the UN still play vital roles in advocating for and support democratisation worldwide through its numerous agencies, programs and initiatives aimed at fostering peace, security and developments.

THE CONTEMPORARY NIGERIA DEMOCRATIC SITUATION.

The Nigeria 2023 general elections from all indications, intents and purposes, has been majorly adjudged the most contentious election in the annals of popular representation since the new democratic dispensation which begun in 1999. These elections were characterised from the visibly insincerity of the supposed unbiased umpire (Independent National Electoral Commission – INEC) to the judiciary's dishonourable conflicting judgements, alleged corruption and validation of electoral violations.

It was an election where the umpire reneged on his well advertised promises of giving a fair, free and credible elections with the transmission of election results electronically; set aside the constitutional provisions as it concerns eligibility, credibility and character of candidates as well as the issue of candidates' double nominations. These issues were taken to courts of competent jurisdiction but unfortunately, these constitutional violations were invariably validated as well authenticated by the judges who were supposed to be the last protector/defender of the people's rights to popular representations.

However, what is it to be expected from such an independent judicial institution when the rank and file of it has been allegedly caught in a web of high wired corruption. It is disheartening for a retiring justice of the Nigeria Supreme Court (Justice Dattijo Muhammad) after years of service at the Nigeria bench to be lamenting the pervasive corruption which has eroded the dignity of the once respected judicial institution he was once proud of. This disconcerting situation can better be imagined when considering the presence of individuals like Justice Inyang Okoro implicated in a huge bribery scandal (Sahara Reporters, Oct. 8, 2016) on the bench of The Nigeria Supreme Court. A judiciary tainted by corruption will surely bequeath a corrupted democracy on the people – a confirmed snake will always be snaky. Barr Muiz Banire also recently alluded to the state of our corrupted and integrity deficient judiciary.

Accordingly, the thoughts of Kofi Anna former UN Secretary General resonates here where corruption is seen to be an insidious plague which corrodes democracy, distorts the rule of law, quality of life and breeds organised crimes. Nigeria is presently pervaded with constitutional as well as electoral guidelines distortions which has invariably been validated by the alleged corrupted judiciary; likewise, under the rulership of organised criminals when the allocation of the national resources are being considered. A situation whereby, allocations for the president and his vice alone are far more than allocations to all Nigerian students in form of 'inaccessible' loans; where fuel subsidy removal is mere deception when the Direct Supply Direct Purchase NNPC policy is considered coupled with the outburst of the NASS that, NNPC was making a profit of N100/ltr at a time that the pump price was N190/ltr with many more indiscriminate allocation of resources to political office holders at the expense of improved standard of living for the people. The excruciating pains that Nigerians are been currently subjected to due intentional leadership weaponisation of poverty can never be over emphasised.

WHAT OPTIONS ARE LEFT TO GET OUT OF THIS CONUNDRUM.

There is no better time than now for Nigerians to eschew from all forms of primordiality towards addressing their commonalties in ensuring their suffrage rights to majority representations as given by nature from the thoughts of John Locke and Jean-Jacques Rousseau.

In ensuring this, especially where the leadership proves adamant, Mahatma Gandhi admonishes deviance, organised protests, civil disobedience and passive resistance as a potent and veritable instrument while seeking for truth, justice and social changes. Nigerians should therefore get educated to challenge their leadership scientifically as, 'a people that refuses to emancipate themselves from the wicked anarchist leaders/dealers will continue to be perpetually emaciated under their whims and caprices'.

Surely, along these lines, we should expect some forms of repression and isolation however, our demonstrated resilience with determination will define our level of attainment. Our mission must be conceptually defined, it is now left for us to either vigorously pursue it or betray it. Standing up to demanding for a national democratic, just, egalitarian, fair and safe society where everyone can live sustainably without any fear or favour. As a people, we must be ready to die for something than leave for nothing.

Dayo Kayode, PhD
Socio-Political Technocrat & Aviation Safety Expert
Ifako-Ijaye, Lagos

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