uninterrupted period Nigerians have known since the country was granted
self-rule by the British imperialists in 1960. In the 48 years since 1960, the
country has experienced 31 years of cumulative military rule and less than
a total of 18 years of civilian rule. The country is operating under the 1999
constitution that maintained a strong presidential system, reminiscent
of the military regime that oversaw its drafting and adoption. It is not
particularly designed to ensure a high degree of separation of powers with
checks and balances among the three branches of government.
213.
In practice, the principle of separation of powers with its inherent checks
and balances has been problematic, largely because of the excessive powers
of the executive vis-à-vis the legislature and judiciary – a legacy of the long
period of military rule. At all tiers of government, the executive has been able
to remove uncooperative leadership of the legislature or deny the legislature
operating funds. The constitution provides for a bill of rights. However,
such rights are routinely violated by state and government officials and
functionaries without meaningful recourse to the judiciary for redress.
The electoral system and competitive elections
214.
The 1999 constitution provides citizens with the right to change their
government peacefully through periodic, free and fair elections held on
the basis of universal suffrage. However, that right has been curtailed
since competitive elections are generally marred by violence, fraud and
the use of money to attain power. This has called into question not only
the impartiality and independence of INEC, but also the credibility of
the electoral system. To his credit, President Yar’Adua has personally
acknowledged that the 2007 general and presidential elections were
flawed, even though the Court of Appeal subsequently upheld the results
of the presidential elections. The decision is being taken on appeal to
the Supreme Court, the highest court in the republic. The president has
promised electoral reforms following contestation by the opposition.
Traditional rulers
215.
As has already been indicated in the report, the role of traditional leaders
is not provided for in the constitution. Nevertheless, traditional leaders
and rulers are firmly entrenched in the history of the country and they
continue to play important political roles, especially at state and local
government levels. For many rural Nigerians, traditional leaders serve
as an important link to institutions of the Nigerian state. Traditional
governance undoubtedly has the potential to provide for meaningful
political participation. The national and state governments recognise the
importance of traditional leaders and often seek their counsel.
Reform of the security sector
216.
90
Since the return to civilian rule in 1999, the two successive civilian
governments have accorded high priority to civil control of the security
sector. The government has embarked on major changes in the police force