09072020 - Day 3: More posers for Magu

16 — Vanguard, THURSDAY, JULY 9, 2020
PRESIDENT Muhammadu
Buhari is governing Nigeria
by fiat. In a practice alien to
previous civilian presidents, he is
using executive orders to take farreaching
actions. Since assuming
office in 2015, Buhari has issued
10 executive orders. So proud is
he of such instruments that the
Presidency said in a document
marking his administration’s fifth
anniversary: “The Buhari
administration has, since 2017,
issued a number of landmark
Executive Orders.”
But are executive orders intended
for “landmark” actions that have
extra-constitutional or extrajurisdictional
implications? Are
they designed to take the form of
law-making by the executive? Or
to usurp the functions of other
arms of government? Of course, no!
According to Black’s Law
Dictionary, Executive Orders are
designed “to direct or instruct
actions of executive agencies or
government officials”. As one
scholar also puts it, an executive
order “is a type of written
instructions that presidents use to
work their will through the
executive branch of government”.
But such presidential directives
are subject to constitutional and
statutory constraints.
Executive orders are an
American invention. But their
reach is so limited that Congress
and Federal Courts have struck
down several executive orders for
exceeding the scope of the
president’s authority. Recently, the
US Supreme Court voided
President Trump’s executive order
seeking to deport young
immigrants because it violated the
Administrative Procedure Act,
which says that a government
action cannot make policy that is
“arbitrary, capricious, an abuse of
Abuse of executive orders: Nigeria
is being run like a dictatorship
discretion or otherwise not in
accordance with the law.”
The Nigerian Constitution
doesn’t expressly refer to the use of
executive orders. Those who justify
its use do so on the basis that
Section 5 of the Constitution says
that “the executive powers of the
Federation … shall be vested in the
President”. But the same Section 5
also says that the exercise of the
“executive powers” is “subject to
the provisions of this Constitution”
and “to the provisions of any laws
made by the National Assembly”.
So, no executive order purportedly
issued pursuant to the so-called
Section 5 power can directly or
indirectly add to, or subtract from,
the Constitution or any existing
statute.
Yet, recently, the Attorney-
General and Minister of Justice,
Abubakar Malami, justified the
president’s use of executive orders
by saying their aims were, among
others, to “complement existing
legislation” and “ensure
constitutional compliance”. But
executive orders will overreach as
an implementing legislation
without an enabling power or
legislative oversight. In the UK,
ministers legally implement
provisions of primary statutes
through statutory instruments. But
A journey so far in governance
By ALLISON ABANUM
NATURE, a ruthlessly effective force, is a
perfect example of the undeniable
parallel drawn between time and quality. A
maize plant takes a relatively smaller time to
germinate, mature and bear fruits. It produces
lovely corn cubs useful in so many ways in its
season. The plant itself dries away in hope that
the field is cleared again to be inpregnated
with new seeds carrying the hopes of the next
harvest. A mango plant on the other hand takes
very a long time to germinate, mature and
become a full grown tree ready to bear fruit.
Often times this is quite frustrating for a farmer
that doesn’t understand the marvelous process
unfolding before him.
In due time, the mango tree brings forth
delicious fruits also useful in its season but
more importantly the tree itself still stands tall
and even still growing in size and vigour, only
needing to bloom again and again in due
seasons. This is due to the work done
underground by nature, which took a
considerable time before launching out a plant
that would have strong roots capable to stand
the test of time and various conditions.
The Douye Diri-led government of Bayelsa
State understands this relationship between
time and quality and only trusts the good
people of Bayelsa to be that farmer that
understands the unfolding process. There is
assurance of a superb work going on
underground to facilitate a manifestation of
quality results that will stand the test of time.
Quality is never an accident; it is always the
result of high intention, sincere effort,
intelligent direction and skillful execution; it
represents the wise choice of many alternatives,
according to William A. Foster. Surely it is
upon this premise that Governor Diri has
chosen to leave a legacy of carefully planned
and executed projects. This need has
necessitated profitable dialogue with investors
from various industries to make them see why
Bayelsa is best for beneficial investments.
Although these moves are getting increasingly
such instruments must be
scrutinised and approved by
parliament before becoming law.
Surely, if executive orders are not
just administrative directives for
government agencies and officials
but have implications for
individual rights, separation of
power, federalism, etc, then they
The increasingly
pervasive use of
executive orders
and, more
importantly, their
insidious threat to
constitutional
democracy call for
vigilance
tasking considering the challenges being faced
at the moment, the government is unrelenting
and there are indications of the positive
coming out of these talks as Bayelsa prepares
to be open to a world of immense opportunities
and development.
One basic prerequisite for investment,
growth and development is security. Governor
Diri understood this priority early on; that is
why checkmating the problem of insecurity
was one of the first play made on the chess
board of governance. The security status of
the state has improved tremendously in such a
short time. Reduction in crime and violence is
a testimony clearly given. Upon resumption
of office, the governor in his inaugural speech,
clearly stated the need and moved for
reconciliation of any and all aggrieved bodies
for the good of the state. This was made
practical as he has used his position to facilitate
reconciliation between clashing clans,
communities and bodies within the state.
Indeed, this administration has shown it is
not just all bravado but well equipped for
action. For instance, the timely intervention of
the governor brokered peace between
Agudama and Akenfa communities following
serious quarrels over land matters. The
government through the chief of staff, Chief
Benson Agadaga, also mediated between a
community in Ekeremor local government
and a neighboring community in Delta State
which were on the verge of serious communal
crisis. The swift intervention of government in
the clashes between cult groups in the evirons
of Agudama-Epie community, is another
show of commitment to a safer Bayelsa as he
succeeded in extinguishing brewing tension
and unrest in the area, with the masterminds
arrested.
The administration moved to improve the
Doo Akpor, the state owned arm of the police
force, by providing some security hardware
and stipends to boost morale; it followed up
with the donation of buses and financial support
to the Bayelsa State vigilante service to help
must be subject to legislative
oversight or capable of being
struck down by the courts. But, in
Nigeria, executive orders are never
scrutinised by the legislature and
hardly ever challenged in court.
Yet, the increasingly pervasive use
of executive orders and, more
importantly, their insidious threat
to constitutional democracy call
for vigilance.
President Buhari has embraced
this American invention called
Executive Order with gusto. Yet, he
has shown little regard for the US
Supreme Court’s view that such
orders cannot be used to make
policy that is “arbitrary,
capricious, an abuse of discretion
or otherwise not in accordance
with the law”.
Of course, not all of President
Buhari’s executive orders are
outside the normal scope of such
instruments. For instance,
Executive Order 1 of 2017, which
requires Ministries, Departments
and Agencies, MDAs, of the
Federal Government to act
transparently and orders “all
related MDAs at the airports” and
“all agencies currently physically
present in Nigerian ports” to
merge or harmonise their
operations, is a proper executive
order: a policy directive by the
Federal Government to its MDAs
on how to carry out their functions.
But most of Buhari’s executive
orders are not just administrative
directives; they have far-reaching
constitutional implications and
either trample on individual rights
or undermine separation of power
or federalism. For space constraint,
let’s consider two of such egregious
orders: Executive Order 6 of 2018
and the latest Executive Order 10
of 2020.
In 2018, President Buhari issued
Executive Order 6 freezing all
assets of individuals facing
corruption allegations or charges.
Reacting to the order, the Nigerian
Bar Association said Buhari’s use
of executive orders in criminal
matters amounted to “decreemaking”!
Later, a Federal High Court
clarified the legal position. It held
that the president had the power
to issue Executive Orders “on
carry out their duties effectively. Peace and
stability are magnets for investments and
development all of which will surely manifest
in due time. The growth and development of
people is the highest calling of leadership.
Governor Diri has made it clear that he is not
interested in building powerful people but
powerful institutions. This clearly indicates a
yearning for quality and long-lasting works
that will stand the test of time.
Many will agree that the given the current
global challenges, this is indeed a tricky and
hard time to be in charge of anything
whatsoever. But where others only see
stumbling blocks, strategic leaders see
opportunity to impact. The governor has
seemingly chosen to toe this path as evident in
his moves to put smiles on the face of Bayelsans
through social and civil service reforms,
The Diri-led administration is
interested in getting the best
hands to carry out infrastructural
projects intended to create
employment, ease livelihoods,
generate revenue and foster
development
human capacity development and welfare
management.
This is demonstrated in the allocation of
plots of land to 1000 civil servants. And despite
various unwanted court case distractions from
aggrieved parties, this administration has
refused to be derailed in carrying out its given
mandate and fulfill promises made in its
campaign manifesto where the governor
clearly mentioned that he wants to promote
welfare, prosperity and ultimately make
Bayelsans happy and rejoice. The civil service
reforms that has ensured prompt payment of
salaries and gratuities owed retirees is the first
step to fulfilling the promises.
With the current pandemic ravaging the
world, the administration has assured that
quality tests, quality control measures and
decisions are being worked on to drive the
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routine administrative matters”,
provided such orders “do not step
on the toes of legislative and
judicial powers under the
constitution.” But that’s precisely
what Executive Order 6 did by
seeking to freeze “looters’ assets”
without a court order. So, the court
modified the executive order and
directed that those enforcing it
“must, at all times, obtain a court
order before seizing any asset”. But
what does the fact that Buhari
could even contemplate using an
executive order to seize assets
without a court order tell us? Well,
it shows an authoritarian streak!
Which brings us to Executive
Order 10 that purports to
implement Section 121(3) of the
Constitution, which grants
financial autonomy to state
legislature and state judiciary but
doing so in a way that utterly
undermines the principles of
federalism. Essentially, Executive
Order 10 places obligations on
state governments and turns
Federal Government agencies and
officials – Attorney-General and
Accountant-General – into sheriffs
against them! And it does so not
through a statute or a
constitutional amendment, but an
Executive Order!
It was recently reported that after
state governors pointed out the
constitutional anomalies in the
executive order, President Buhari
suspended its implementation
“pending further consultations.”
But why did he issue such a
perverse order in the first place?
Over the past five years, Buhari
self-servingly vetoed nearly 50 bills
passed by the National Assembly.
Yet, he enjoys exercising arbitrary
law-making powers without
legislative scrutiny. Unchecked,
that’s a slippery slope to
dictatorship!
infrastructural revolution mapped out for the
state. Being one who understands the
relationship between time and quality, the Diriled
administration is only interested in getting
the best hands to carry out these infrastructural
projects intended to create employment, ease
livelihoods, generate revenue and foster
development. Policies and works that will last
the test of time and provide maximum benefits
even to generations to come are on the offering.
Indeed Bayelsa State is set for greater things.
The locomotive of qualitative projects and
works is already set in motion as seen in the
commencement of construction work on the
Tombia-Etegwe Flyover project aimed at
boosting connectivity and ease of movement.
The government through the Government
House chief of staff has also hinted of
proposals for a railway that will move from
Agge Seaport to Kano in the North, with the
belief that such massive project has the
potential to engage over three thousand
workers in the state in gainful employment.
It is often said that patience is a virtue and
one that is often rewarded greatly. To enjoy
long lasting and durable benefits of good
governance, strategic planning and the right
hands need to be on the plough going forward.
Indeed the actions taken so far speak volumes
of a government constantly on the drawing
board, setting up a system strong and durable
enough to withstand the pressures ahead.
Peace, security, social welfare and a stable
environment are non-negotiable terms for
sustainable development. The Diri-led
government has a clear understanding of this
fact. It is upon these important provisions that
the hope of the emerging prosperity is
anchored. The future is indeed bright. Like
diamonds that take considerable time and
work under immense pressure beneath the
earth before manifesting as the precious
material we cherish, the energy, dedication,
time and work Governor Diri and his team
are putting in at the moment is sure to bring
forth a glorious Bayelsa State soon.
•Abanum, a social commentator, wrote
from Yenagoa, Bayelsa State