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STRUCTURAL VIOLENCE AND NIGERIA’S ELECTORAL SYSTEM:

                           THE UNIDENTIFIED THREAT



                                            By



                                 ‘Kayode Fayemi, Ph.D




Introduction


By definition, structural violence is non-direct violence as opposed to armed violence.

By the broad definition of the Johan Galtung’s school of peace, poverty is violence



There is a pervasive and widespread fear about Nigeria’s next elections in 2011. Many

pundits are already filling their columns with doomsday scenarios for the country's

fragile democracy. Given the outcome of Nigeria’s most recent election in Ekiti State in

April/May 2009, these fears are not misplaced. Again, if history offers any lessons the

1964, 1983, 2003 and 2007 elections organised under incumbent civilian governments

were marred by serious fraud and violence, the unfortunate effect of which was political

instability, and in the two previous cases(1964 and 1983) heralded the return of the

military. The 2011 election in Nigeria certainly harbours the potential for electoral fraud

and violence and doomsday scenarios might help the citizenry to maintain vigilance in

order to keep the politicians and their agents in check and the electoral commission on its




                                                                                         1
toes. It is also important though that we put things in proper perspective and move away

from the near exclusive focus on elections as though it were democracy.



One way to achieve proper perspective is to agree that elections across Africa and indeed,

elsewhere in the world commonly hold the potential for violence, as the competition is

usually of a ‘winner-takes-all’ nature. The stakes are high; many of the players are

desperate and the spoils of office enormous for the winner. There are very few states

where a culture of civil opposition and dialogue has taken firm root, due in part to the

history of military interference and/or authoritarian rule in political processes across the

continent. Nigeria is no exception to this pattern and many, in fact, see it as the most

egregious of countries afflicted by this menace. Such episodes can be expected, due to

the multitude of causes and political actors at the national level, and the number and

variety of more localised disputes, many of which have very little to do with the elections

per se, even if they all want to use elections as the vehicle for achieving various

objectives. Intense and uncompromising contests between factions for senior positions in

the party hierarchy have taken place. Problems have arisen with respect to the Electoral

Act, especially with regards to freedom of association and registration of political parties,

the expiration of tenure of local governments and councils and the inadequate

constitutional provisions for replacing them. Tensions abound from complaints at the ad

hoc administrative arrangements which are made as elections are further delayed and

more council terms lapse.



In spite of all the above, there is also evidence to suggest that Nigeria’s democracy is




                                                                                           2
maturing and there is a growing respect for the rule of law. The judiciary has pronounced

responsibly on many of the contentious issues that might have exacerbated pre-election

tensions and the executive and legislative branches of government on their part have

tended to respect the rulings of the court, even in cases where they have come out worse

off. Cases relating to the electoral laws, registration of more parties, conduct and

management of elections and local government tenure are but just a few to mention.

Indeed, the judiciary has come out of this as the most well regarded arm of government

and truly earned the reputation of being the last hope of the people. To buttress this, two

major local newspapers, The Guardian and Newswatch Magazine declared the judiciary

as “The Man of the Year 2002” for these landmark rulings.



The point to emphasise therefore is that all of what we are witnessing represents the by-

products of political transition, which is inherently conflictual, contradictory and

progressive all at once and the challenge is to examine the progress made so far, the

potentials for reversal and the prospects for consolidation. So, in essence, there is nothing

surprising about the current jousting amongst political gladiators in Nigeria. This, I am

sure, will be deemed controversial by those who would have us believe that elections in

and of themselves cause violence, rather than being a symptom of years of militarization.

By locating elections in its proper context of structural and embedded violence, in a

continuum of political processes that Nigeria began in the aftermath of General Abacha’s

death in 1998, perhaps even earlier – we can see why elections do not a democracy make.



Back to the Future: 1999 and the future of Democracy in Nigeria




                                                                                           3
Formal military disengagement in May 1999 heralded certain expectations of measurable

progress and a deepening of democratic development. Indeed, there was a teleological

connection drawn between military disengagement from politics, and an automatic

improvement in societal and political order. While discerning watchers cautioned against

these exaggerated assumptions, political leaders and decision makers espoused an

outward confidence that belied the deep seated nature of the Nigerian crisis. At a time

when the country ought to have been classified as a post-conflict state in need of urgent,

comprehensive and long-term rebuilding, the mood was one of almost unrestrained

triumphalism.



Ten years into civilian rule, the scale, scope and intensity of conflict in Nigeria since the

end of military rule challenges the assumed link between military disengagement from

politics, de-militarisation of Nigerian society and the deepening of the democratic order.

With no fewer than 20,000 dead in religious and communal conflicts and an exponential

increase in structural violence, Nigerians are at risk of almost regretting civilian rule.

Although there are several reasons for this increase in societal and state violence – not

least the expanded space provided by civilian rule, the fact that the public continues to

cast serious doubt on the state’s capacity to manage domestic crises and protect the

security of life and property, underscores primarily the depth of disenchantment with the

state of things and have sometimes led to concerns about the lack of democracy

dividends. Nigeria’s democratic transition has radically altered existing social boundaries

and divisions, accentuating hitherto suppressed or dormant identity driven conflicts




                                                                                           4
without providing the needed institutional arrangements beyond elections. This has

placed a question mark on the very viability of Nigeria’s democratic enterprise in a

manner that cannot be resolved simply by adversarial, winner takes all elections.



Consequently, the pacted nature of Nigeria’s 1999 transition and the faustian bargains

with the departing military produced a post transition configuration which looked more

like a re-packaged space for militarily controlled politics than a fundamental restructuring

of power relations. The nature of General Abacha's exit and the ascension to power of

General Abubakar arguably determined the outcome of the democratisation project in

1999. However one may view the eventual outcome of the rushed transition programme,

the fact that the military elite was not responding to a full scale defeat by the population

can hardly be discounted in understanding the compromised outcome that is reflected in

today’s governance arrangements. There is no doubt that the dominance of the political

party hierarchy by retired military officers and civilians closely connected to the military

elite set the tone for the party development that pays little attention to ideology or

programmes. It is no surprise therefore that four of the key political parties – including

the ruling party at the 2003 party primaries – elected retired generals as their candidates

for the forthcoming presidential elections:     General Obasanjo for the PDP, General

Mohammed Buhari for the ANPP; General Ike Nwachukwu for the NDP and former

Biafran leader, General Emeka Ojukwu for the APGA. This is not to mention the several

gubernatorial, parliamentary and state assembly and local government candidates who are

also ex-military officers.




                                                                                          5
The impact of this entrenched militarism however goes beyond those running for office,

even if they make the journey toward democratic consolidation a lot more difficult. It

extends to the pervasive nature of the psychology of force and militarism in the wider

society. Incidents of aggression, impatience, and competition arise in domestic violence

and other family disputes, over petrol queues, in the conduct of motorists, and in the

behaviour of the armed forces and police in dealing with citizens. While there is no doubt

that hitherto dormant conflicts have found expression in the available democratic space to

express themselves, at its root however is the loss of a culture of compromise and

accommodation in the resolution and management of conflicts.



Indeed, the violence that has attended the adoption of Sharia law in the North as well as

the communal conflicts rendering several parts of the country asunder have been seen as

evidence of the intractability of the Nigerian crisis on grounds of ethnicity and religion.

Yet, these ethno-religious explanation of the governance crisis obfuscate rather than

elucidate our understanding. In reality, the ten-thousand odd lives that have been lost to

violence since President Olusegun Obasanjo came to office in May 1999 happened due to

a number of diverse and complex reasons - through environmental/decentralisation

conflicts (Odi, Niger Delta), inter-ethnic/religious animosities (Kaduna, Kano, Aba) and

land/intra-ethnic disputes (Ife/Modakeke, Tiv/Nasarrawa Takum/Jukun, Urhobo/Itsekiri)

– all linked to the fundamental disconnection between the rulers and the governed and a

major product of state desertion by citizens. It also underscores why the country should

address the causes of these problems, rather than focus on these symptomatic distractions.




                                                                                         6
It’s the structure, stupid!



Without discounting the importance of elections in a democratising polity, it is important

to first interrogate the notion of democracy in its variegated and complex forms –

especially in the context of transition societies. From the foregoing, the notion which

paints a pre-conceived destination, almost a uni-dimensional focus on elections as

democracy: Have elections, and every other thing shall follow - is a seriously flawed one.

The problem in our view is about the nature and character of the Nigerian state, and it is

not one that election can resolve, no matter how regular, well organized and untainted

they are. It is clear to most people in Nigeria, including the political leadership, that the

question of the national structure is the central issue that will not go away in Nigeria’s

quest for democratic development and effective governance. The question that many

continue to pose will have to be answered with all its attendant ramifications: What is

this nation called Nigeria? What does it mean to be Nigerian? What is the relationship

between the citizens and the state? What is the nature of inter-governmental relations?

These were the questions Nigerians avoided in the events leading up to May 1999, in the

desperation to rid the country of its military rulers and in the hope that elections will

resolve them. Without resolving the issue of the national structure via national dialogue,

it is difficult to see how Nigerians can attain consolidation and effective governance on

the basis of electoral democracy.



Which way forward?




                                                                                           7
While it is uncharitable to argue that nothing has changed in Nigeria since May 1999, the

nature of the progress made is a contested one. Evidence of Nigeria’s basic socio-

economic indicators bears testimony to this. With 28.1% of the population living below

poverty when General Obasanjo left in 1979 to over 70% of Nigerians below poverty line

in 2003, Nigeria’s poverty trap represents almost a paradox measured against the

country’s wealth.     Bred by unequal power relations, the structural and systematic

allocation of resources among different groups in society and their differential access to

power and the political process, the distorted distribution of the nation’s wealth has

resulted in the enrichment of a minority at the expense of an impoverished majority, and

this minority (mostly ex-military generals and their friends) now use the wealth to

entrench their power. Also, the chronic nature of poverty in Nigeria has a link to

historical and continuing mismanagement of resources, persistent and institutional

uncertainty, weak rule of law, decrepit and/or absent infrastructure, weak institutions of

state and monumental corruption. In short, central to the depth of poverty has been poor

governance and at the core of bad governance has been the over-centralised state.

Bringing the government closer to the people offers a clear and immediate response to the

crisis of governance and constitutional reform is the pathway to achieving this.



Will political developments in Nigeria allow genuine constitutional reform agenda to take

firm root in the post election era? There is room for cautious optimism, but only if we see

the elections as part of a wider struggle to address problems of militarism, accountability

and entrenchment of the rule of law, not as an end in itself.




                                                                                         8

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Structural Violence and Nigeria’s Electoral System - the Unidentified Threat

  • 1. STRUCTURAL VIOLENCE AND NIGERIA’S ELECTORAL SYSTEM: THE UNIDENTIFIED THREAT By ‘Kayode Fayemi, Ph.D Introduction By definition, structural violence is non-direct violence as opposed to armed violence. By the broad definition of the Johan Galtung’s school of peace, poverty is violence There is a pervasive and widespread fear about Nigeria’s next elections in 2011. Many pundits are already filling their columns with doomsday scenarios for the country's fragile democracy. Given the outcome of Nigeria’s most recent election in Ekiti State in April/May 2009, these fears are not misplaced. Again, if history offers any lessons the 1964, 1983, 2003 and 2007 elections organised under incumbent civilian governments were marred by serious fraud and violence, the unfortunate effect of which was political instability, and in the two previous cases(1964 and 1983) heralded the return of the military. The 2011 election in Nigeria certainly harbours the potential for electoral fraud and violence and doomsday scenarios might help the citizenry to maintain vigilance in order to keep the politicians and their agents in check and the electoral commission on its 1
  • 2. toes. It is also important though that we put things in proper perspective and move away from the near exclusive focus on elections as though it were democracy. One way to achieve proper perspective is to agree that elections across Africa and indeed, elsewhere in the world commonly hold the potential for violence, as the competition is usually of a ‘winner-takes-all’ nature. The stakes are high; many of the players are desperate and the spoils of office enormous for the winner. There are very few states where a culture of civil opposition and dialogue has taken firm root, due in part to the history of military interference and/or authoritarian rule in political processes across the continent. Nigeria is no exception to this pattern and many, in fact, see it as the most egregious of countries afflicted by this menace. Such episodes can be expected, due to the multitude of causes and political actors at the national level, and the number and variety of more localised disputes, many of which have very little to do with the elections per se, even if they all want to use elections as the vehicle for achieving various objectives. Intense and uncompromising contests between factions for senior positions in the party hierarchy have taken place. Problems have arisen with respect to the Electoral Act, especially with regards to freedom of association and registration of political parties, the expiration of tenure of local governments and councils and the inadequate constitutional provisions for replacing them. Tensions abound from complaints at the ad hoc administrative arrangements which are made as elections are further delayed and more council terms lapse. In spite of all the above, there is also evidence to suggest that Nigeria’s democracy is 2
  • 3. maturing and there is a growing respect for the rule of law. The judiciary has pronounced responsibly on many of the contentious issues that might have exacerbated pre-election tensions and the executive and legislative branches of government on their part have tended to respect the rulings of the court, even in cases where they have come out worse off. Cases relating to the electoral laws, registration of more parties, conduct and management of elections and local government tenure are but just a few to mention. Indeed, the judiciary has come out of this as the most well regarded arm of government and truly earned the reputation of being the last hope of the people. To buttress this, two major local newspapers, The Guardian and Newswatch Magazine declared the judiciary as “The Man of the Year 2002” for these landmark rulings. The point to emphasise therefore is that all of what we are witnessing represents the by- products of political transition, which is inherently conflictual, contradictory and progressive all at once and the challenge is to examine the progress made so far, the potentials for reversal and the prospects for consolidation. So, in essence, there is nothing surprising about the current jousting amongst political gladiators in Nigeria. This, I am sure, will be deemed controversial by those who would have us believe that elections in and of themselves cause violence, rather than being a symptom of years of militarization. By locating elections in its proper context of structural and embedded violence, in a continuum of political processes that Nigeria began in the aftermath of General Abacha’s death in 1998, perhaps even earlier – we can see why elections do not a democracy make. Back to the Future: 1999 and the future of Democracy in Nigeria 3
  • 4. Formal military disengagement in May 1999 heralded certain expectations of measurable progress and a deepening of democratic development. Indeed, there was a teleological connection drawn between military disengagement from politics, and an automatic improvement in societal and political order. While discerning watchers cautioned against these exaggerated assumptions, political leaders and decision makers espoused an outward confidence that belied the deep seated nature of the Nigerian crisis. At a time when the country ought to have been classified as a post-conflict state in need of urgent, comprehensive and long-term rebuilding, the mood was one of almost unrestrained triumphalism. Ten years into civilian rule, the scale, scope and intensity of conflict in Nigeria since the end of military rule challenges the assumed link between military disengagement from politics, de-militarisation of Nigerian society and the deepening of the democratic order. With no fewer than 20,000 dead in religious and communal conflicts and an exponential increase in structural violence, Nigerians are at risk of almost regretting civilian rule. Although there are several reasons for this increase in societal and state violence – not least the expanded space provided by civilian rule, the fact that the public continues to cast serious doubt on the state’s capacity to manage domestic crises and protect the security of life and property, underscores primarily the depth of disenchantment with the state of things and have sometimes led to concerns about the lack of democracy dividends. Nigeria’s democratic transition has radically altered existing social boundaries and divisions, accentuating hitherto suppressed or dormant identity driven conflicts 4
  • 5. without providing the needed institutional arrangements beyond elections. This has placed a question mark on the very viability of Nigeria’s democratic enterprise in a manner that cannot be resolved simply by adversarial, winner takes all elections. Consequently, the pacted nature of Nigeria’s 1999 transition and the faustian bargains with the departing military produced a post transition configuration which looked more like a re-packaged space for militarily controlled politics than a fundamental restructuring of power relations. The nature of General Abacha's exit and the ascension to power of General Abubakar arguably determined the outcome of the democratisation project in 1999. However one may view the eventual outcome of the rushed transition programme, the fact that the military elite was not responding to a full scale defeat by the population can hardly be discounted in understanding the compromised outcome that is reflected in today’s governance arrangements. There is no doubt that the dominance of the political party hierarchy by retired military officers and civilians closely connected to the military elite set the tone for the party development that pays little attention to ideology or programmes. It is no surprise therefore that four of the key political parties – including the ruling party at the 2003 party primaries – elected retired generals as their candidates for the forthcoming presidential elections: General Obasanjo for the PDP, General Mohammed Buhari for the ANPP; General Ike Nwachukwu for the NDP and former Biafran leader, General Emeka Ojukwu for the APGA. This is not to mention the several gubernatorial, parliamentary and state assembly and local government candidates who are also ex-military officers. 5
  • 6. The impact of this entrenched militarism however goes beyond those running for office, even if they make the journey toward democratic consolidation a lot more difficult. It extends to the pervasive nature of the psychology of force and militarism in the wider society. Incidents of aggression, impatience, and competition arise in domestic violence and other family disputes, over petrol queues, in the conduct of motorists, and in the behaviour of the armed forces and police in dealing with citizens. While there is no doubt that hitherto dormant conflicts have found expression in the available democratic space to express themselves, at its root however is the loss of a culture of compromise and accommodation in the resolution and management of conflicts. Indeed, the violence that has attended the adoption of Sharia law in the North as well as the communal conflicts rendering several parts of the country asunder have been seen as evidence of the intractability of the Nigerian crisis on grounds of ethnicity and religion. Yet, these ethno-religious explanation of the governance crisis obfuscate rather than elucidate our understanding. In reality, the ten-thousand odd lives that have been lost to violence since President Olusegun Obasanjo came to office in May 1999 happened due to a number of diverse and complex reasons - through environmental/decentralisation conflicts (Odi, Niger Delta), inter-ethnic/religious animosities (Kaduna, Kano, Aba) and land/intra-ethnic disputes (Ife/Modakeke, Tiv/Nasarrawa Takum/Jukun, Urhobo/Itsekiri) – all linked to the fundamental disconnection between the rulers and the governed and a major product of state desertion by citizens. It also underscores why the country should address the causes of these problems, rather than focus on these symptomatic distractions. 6
  • 7. It’s the structure, stupid! Without discounting the importance of elections in a democratising polity, it is important to first interrogate the notion of democracy in its variegated and complex forms – especially in the context of transition societies. From the foregoing, the notion which paints a pre-conceived destination, almost a uni-dimensional focus on elections as democracy: Have elections, and every other thing shall follow - is a seriously flawed one. The problem in our view is about the nature and character of the Nigerian state, and it is not one that election can resolve, no matter how regular, well organized and untainted they are. It is clear to most people in Nigeria, including the political leadership, that the question of the national structure is the central issue that will not go away in Nigeria’s quest for democratic development and effective governance. The question that many continue to pose will have to be answered with all its attendant ramifications: What is this nation called Nigeria? What does it mean to be Nigerian? What is the relationship between the citizens and the state? What is the nature of inter-governmental relations? These were the questions Nigerians avoided in the events leading up to May 1999, in the desperation to rid the country of its military rulers and in the hope that elections will resolve them. Without resolving the issue of the national structure via national dialogue, it is difficult to see how Nigerians can attain consolidation and effective governance on the basis of electoral democracy. Which way forward? 7
  • 8. While it is uncharitable to argue that nothing has changed in Nigeria since May 1999, the nature of the progress made is a contested one. Evidence of Nigeria’s basic socio- economic indicators bears testimony to this. With 28.1% of the population living below poverty when General Obasanjo left in 1979 to over 70% of Nigerians below poverty line in 2003, Nigeria’s poverty trap represents almost a paradox measured against the country’s wealth. Bred by unequal power relations, the structural and systematic allocation of resources among different groups in society and their differential access to power and the political process, the distorted distribution of the nation’s wealth has resulted in the enrichment of a minority at the expense of an impoverished majority, and this minority (mostly ex-military generals and their friends) now use the wealth to entrench their power. Also, the chronic nature of poverty in Nigeria has a link to historical and continuing mismanagement of resources, persistent and institutional uncertainty, weak rule of law, decrepit and/or absent infrastructure, weak institutions of state and monumental corruption. In short, central to the depth of poverty has been poor governance and at the core of bad governance has been the over-centralised state. Bringing the government closer to the people offers a clear and immediate response to the crisis of governance and constitutional reform is the pathway to achieving this. Will political developments in Nigeria allow genuine constitutional reform agenda to take firm root in the post election era? There is room for cautious optimism, but only if we see the elections as part of a wider struggle to address problems of militarism, accountability and entrenchment of the rule of law, not as an end in itself. 8