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Inaugurating The Federal Civil Service Commission As A Reform Hub

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Prof. Tunji Olaopa

By Tunji Olaopa

Over the course of my sojourn in the public service and my consistent advocacy for governance and institutional reforms, I have come to deeply appreciate the fundamental difference between seeking a position that allows for transformation and actually occupying such a position and using it to transform reform objectives into tangible achievements. This was what raced through my mind as I was inaugurated as the Chairman of the Federal Civil Service Commission (FCSC) by the President of the Federal Republic of Nigeria. And my apprehension was (and still is) all the more serious given the fact that Nigerians have started rating the leadership and governance performance of President Bola Ahmed Tinubu right from the moment he took the oath of office and read his now momentous inauguration speech. From May 2023 when he took office till now, a short span of seven months, the lives of millions of Nigerians have been impacted somewhat with multiplex, even though paradoxical and pregnant dimensions, requiring urgent solutions to restore normalcy to our nation that needs now as never before innovative problem-solving methods which Mr. President is fervently committed to.

I have made the vocal argument, since I began publishing my public commentaries, that the public service is a sine qua non for good governance in Nigeria. Without a reformed public service, the task of public administration and 

governance becomes arduous and almost insurmountable. This is because it is the public service and the public administration dynamics that undergird it that serve as the mechanism for translating the policies of government into tangible development in the form of optimal performances that generate durable and sustainable infrastructures for Nigerians. This efficient service-delivery is the basic backbone of democratic governance anywhere in the world. Thus, when the public service becomes untidily bureaucratic and hence inefficient, the government crumbles and becomes, so to say, only mechanically weightless, weld-less and wield-less. All Nigerians are aware of how unduly bureaucratic the public service is. And all Nigerians bear the terrible and traumatic brunt of the near absence of good infrastructure – good highways, drinkable water, efficient healthcare delivery system, sound educational sector, and sustainable security – that could transform the quality of their lives. 

This is where my apprehension lies: at the core of transforming the public service is the FCSC and its human resource mandate to facilitate the recruitment, training, capacitation, promotion and disciplining of civil servants into a highly efficient, professional and performing workforce. One at that to make the Nigerian public service system  a high-performing institution for backstopping democratic governance under the watch of President Tinubu  at a time, this dire time, when everything is so hard for everyone needing redemption which they rightly hope that President Tinubu will give them. However, the FCSC as at now is seemingly not ready to function optimally and drive the reform of the public service in the right direction. And this is precisely the position that the eleven federal commissioners and I in concert with other core stakeholders are expected to change. This expectation is set against the background that in spite of the many reforms launched and implemented to date in the annals of the civil service in Nigeria, not much has changed. Indeed, the expectation of Mr. President and the entire country is focused on our capacity to turn the FCSC around so that it could perform a human resource reengineering that will turn the public service into an optimal machine for governance and administrative transformation. This is the very core of the expectation of Mr. President from us: 

“The President anticipates that the new FCSC leadership will competently facilitate the transformation, reorientation, and digitization of the Federal Bureaucracy to enable, and not stifle, growth and enhanced private sector participation in the development of the Nigerian economy, in full adherence to the Renewed Hope Agenda of his administration.”

Transformation, reorientation and digitization are  a tall order but should be straightforward enough when all things are equal. Alas, all things are rarely equal in matters of reform, more so when the challenge is as steep and complex as revamping Nigeria’s beleaguered public service. Almost all enlightened or knowledgeable Nigerians know what a bureaucracy looks and functions like. We visit federal and state secretariats and encounter red-tape; we try paying tariffs and meet unscrupulous public servants; there are over-zealous public functionaries-regulators in government law-enforcement agencies; we are forced to give bribes or “tip” government workers for what they are supposed to do ordinarily; and many more. All these happen all over the world too, but they are worse where there are no institutional mechanisms for protecting the citizens from unprofessional attitudes and tendencies that cannot but constitute gross misconduct. This is why institutional reforms are critical. Clearly, the Nigerian public service has had its fair share of institutional reforms since the public service came into existence. However, all the models, paradigms and procedures that seem to work in some other climes keep failing in Nigeria. The question we need to ask then is: What is wrong with the public service in Nigeria?

I have a sense of what the answer to this question entails. And my response derives from many years of being an insider with expert insights into almost every

Dr Hu use aspect of the public service dynamics, from being a speechwriter, administrative officer, strategist, and policy analyst at the Presidency to being reform programme director to being a permanent secretary, and thereafter as an academic, trainer, consultant. I have been in many offices, served on many committees and thoroughly understand the basics and fundamentals of the public service rules and regulations, the theoretical underpinnings and the global best and smart practices. Added to this, I have also very thoroughly researched the theoretic and practical dimensions of public administration and the framework of the public service system in Nigeria, in comparison with other critical institutions across the world. I am not being immodest: My effort is motivated by the need to understand why the public service in Nigeria is the way it is and what can be done to transform it. 

Two factors are responsible for what ails the public service system in Nigeria. The first is Nigeria’s leadership deficit, both political and bureaucratic. By this, I refer to the entire dynamics of the type of bad politics that the Nigerian political class plays with the destiny of Nigeria; a nation that has all it takes to become a great global economic player with the capability to transform the quality of life of its citizens. This bad politics has obstructed the establishment of a developmental state structure and an active citizenry united by a concerted action to put civic responsibility before selfish primitive accumulation. The second factor is what we all know as the “Nigerian factor”: the collusion of all of us in undermining the capacities of our systems to become efficient and serve us all. Even though we all complain about how inefficient and exhausting this institutional dysfunction is, we are still all too eager to circumvent, evade and compromise the system at all points, and make it more dysfunctional. The Nigerian factor is the logic that says nothing can work in Nigeria. 

That logic gets increasingly mired in the vicious cycle in which our experiences say nothing can work while our collective action keeps it that way. The inevitable consequence is that the system thus gets increasingly lost in a self-reinforcing cycle of dysfunction that makes it less optimal and more difficult to improve performance and hence productivity. And this is where I feel an enormous weight of empathy for my colleagues still in the service, and deeply salute the courage that has kept them working in the muddy trench to keep such a dysfunctional system going in order to keep up a modicum of institutional and infrastructural administrative presence in the lives of Nigerians. Nigerians deserve more in terms of the dividends of democratic governance, and my colleagues deserve even more in terms of their vocational resilience. 

I could begin to outline the technical and administrative details of how dysfunctional the public service system in Nigeria is. And these details are derived basically from my aforementioned background as an expert-insider who has roamed every administrative nook and cranny of the service and has been a public intellectual and reform advocate since leaving the service. Furthermore, I have studied all types of administrative, academic and practical materials that analyze and compare Nigeria’s public service and public administration frameworks with other countries. Indeed, as my numerous public commentaries must have revealed, I was drawn into the onerous and interesting task of researching the public service because of the institutional dysfunction from the perspective of implementation research: what historical, political and administrative factors led the public service to its present status as an inefficient structure? And why is it that many homegrown, regional and global best practices have consistently failed to work in Nigeria?

But this is where my appointment as the Chairman of the FCSC becomes really interesting. I am sure there are some who perceive my professional persona as that of an administrative theoretician; someone who knows book too much to be gifted with a practitioner’s critical perspective on what ails the public service. Such a perception would be wrong essentially, and I intend to quickly, intentionally and consistently debunk that notion especially as is given vent by many who should know better, and many others who are simply mischievous. Anyone who knows and have read and listened to me immediately knows what I have been saying about the public service. I believe Mr. President knows what he is doing by making these appointments. Just like I have written on several occasions, I am fully aware of President Tinubu’s capacity to harness competencies and human capital to get the work done. He has proven that several times. And that places its own burden on me, the eleven commissioners and the entire FCSC and, by extension, the core administrative leadership of the service as a matter of generational opportunity. To whom much is given much is expected. I am not embarking on a piggyback ride. I shall perform exceedingly well. My fellow appointees will hopefully do the same. We are not piggyback riders; I restate and reiterate.

Hence this is not just a chance for us to make the difference in the reforming of the institutional reforms, a commitment on which I have reflected and written so much about. It represents for me the highest opportunity to demonstrate a readiness to take on what I have often considered the Nehemiah challenge—a patriotic call to build the broken walls of one’s country with the full realization that there will be difficulties along the way and that one will eventually be called to render account to the one who has done one this honour, and ultimately to the Almighty. This understanding of my appointment – as far as I am concerned – transcends the boundaries of patriotism, credentials or commitment; it is my sense of the sacredness of the responsibility committed into my hands measured by divine upliftment.  

These are trying times for Nigeria and Nigerians. And if I am allowed to allude to Thomas Paine (1737-1809), American political pamphleteer and activist, born in England and universally known for his works such as Common Sense (1776), Crisis (1776-1783), The Rights of Man (1791-92) and The Age of Reason (1794-96), these are very trying times that try the souls of Nigerians. Like His Excellency the President, Thomas Paine was a humanist, reformer and revolutionary. Paine acknowledged the daunting challenges in the America of his time but he believed that they were not insurmountable. I see His Excellency, President Tinubu, rightly or wrongly, in his mold. And I am fully aware of what President Tinubu requires of me and my colleagues who are Honourable Commissioners. This is one appointment that I am taking even more seriously than when I became a permanent secretary. I am also fully apprised of what Nigerians are yearning for. It is most certainly not the presentation of another beautiful strategy or blueprint for public service institutional reform. We have so many of those already. And on this I wholeheartedly give significant credit to the efforts of Heads of Service of the Federation from 1999 to date. Rather, I know Mr. President expects me and this newly constituted Federal Civil Service Commission of genuinely professional technocrats to move from visioneering, ideation, strategy and implementation planning to getting things done by helping to deliver on the president’s governance promises. Mr. President expects us to adequately lead the systemic and institutional change to deliver concrete results and outcomes that create palpable impact that translates into better and qualitative life through poverty reduction, job creation, significant investments, and improved and accessible service delivery. 

All of this, I fervently believe, can only happen if we enter into strategic unfettered partnerships with critical players like the Head of the Civil Service of the Federation et al with which we share borderless responsibility as far as civil service reform is concerned to do the right things (by coming up with appropriate solutions to institutional problems, especially to public policy implementation) and do the right things right (by getting the right results and outcomes through correct change management and work-culture changes and re-professionalization that successfully breeds a new generation of public managers in the long term). I am strongly convinced that restoring confidence in the capacity of the public service to transform the lives of Nigerians is not through merely changing the narratives about the indisputable but unfortunate facts of poorly developed and badly managed infrastructure. Rather, what is needed urgently is a fresh start from HR accounting. This is how I see it, Mr. President: If the public service is the single largest employer, and given the present unsustainable cost of governance, then Nigerians have the right to demand from us that the public service account for tangible returns on the huge investments in it before it can justifiably demand enhanced conditions of service. And, on the other hand, such a public service also needs to take note of an HR recruitment policy that allows it to recruit 1000 mediocre personnel/workforce to do jobs that only 200 expert-professionals will do far better. 

As the hub of the civil service HR professionalism, the secretariat of the Commission can no more be run by generalists. Not being professionally trained and certified HR practitioners, they do not possess sufficient knowledge and expertise that could enable them to  draw on fundamental HR concepts and models in the fields of HRM and public administration to bring professionalism to bear on their job. At the level of the big picture, the public service in its Weberian ‘I am directed’ mode, is too legalistic in ways that make it unresponsive to public demands and accountability, and too heavy on compliance assumptions rather than performance and productivity. Afterall, Weber referred to a rational system of administration that was based on impartial and consistent application of rules in the service of the public, not an inbred system of self-serving, malicious compliance.  Unfortunately, the service thinks this will change through training and capacity development. But the training investments result in ‘trained incapacity’ instead. Besides, such trainings are seen as isolated processes without linkages to HR planning, employee appraisal, pay and rewards system. Indeed, in spite of decades of lamentation regarding the heavily subjective Annual Staff Performance Evaluation Report (APER), all attempts to transition into a performance-oriented system remain at best rhetorical ones.

The most devastating dimension of the civil service HR system’s crisis was the collapse of the pay and remuneration system with adversarial industrial and labour relations looming large in its wake, and justifiably so. The causative factors were the making of policy makers and politicians over the years, and not the fault of the innocent civil servants’ victims, who put in their best daily but do not know why they are ceaselessly derided nonetheless.

Indeed, after independence, the public service pay-levels were relatively reasonable. In the oil boom era of the early ‘70s, and the implementation of the Udoji bonanza in 1974 in a manner that discounted the weightier managerial changes to support such wage levels, the wage levels in the public sector got disconnected from the productivity trajectory in the national economy. As the economy depreciated, revenue faltered, but staffing numbers continued to rise, driven by the ever-expanding role of a welfare state and the Federal character policy. Pay-levels thus became stagnant, with low wages eventually becoming irredeemably the norm.

By the mid-80s, retiring officers had started to cope with a pension scheme that was formidably less than purchasing power, while serving officers earned subsistence wages. This collapse of the pay-system inexorably destroyed the employment contract between the government and the public employees. Informality, combined with indiscipline, moonlighting, etc. set in and performance plummeted, the results of a distorted workforce structure wherein too many do nothing, too many do too little, and too few do too much. Systemic dysfunction resulted, with professionals with scarce skills leaving to find fulfilment in other sectors of the economy and with many relocating overseas. Training budgets gradually evaporated and episodic corruption that had been a coping mechanism became a systemwide normal. All in all, public interest, merit principles and competency-based HRM got emasculated, with the gatekeeping responsibility of the FCSC wantonly weakened and politicized especially through nepotism, with appointments into the career public service seen as largesse for patronage and rent-seeking in a dynamic that throws merit to the dogs.

Institutional reform has to begin, therefore, from the general dysfunction of the public service system, the public perception of its bureaucratic culture, and the false equation of civil service reforms with retrenchment. At the core of this reform process is the restoration of the fundamental elements that make the public service a noble vocation: a value-based institution, management system and a profession – a calling to serve the Nigerian public within the best traditions of public service professionalism and political neutrality that manages the interface between politics and administration in the service of the social contract. This envisaged reform shall restore the prestige and image of the service and protect the tenure of civil servants even within the framework of flexible employment contracts and performance auditing. This general reform objective shall translate into several fundamental ones: 

  • Restoring public service values and ethical standards within a framework of deep-rooted culture change, that includes restoring the confidence of the civil service to speak truth to power in terms of policy formulation and implementation dynamics;  
  • Instituting a performance management culture to displace the extant ‘I am directed’ command, control and compliance orientation that lacks templates to account for outputs, outcomes and impact within the framework of results-based management; 
  • Re-professionalization through reskilling and retooling;
  • Instituting a competitive wage structure that could attract and retain talents and scarce skills wherever they are found. 

This is the fundamental framework of institutional reform that focuses the collective effort to transform the FCSC into a hub for reforming the public service system in Nigeria. In the overall institutional scheme of things, the FCSC as it is now functions in a gatekeeping capacity as the human resource management linchpin of the entire public service in terms of staff recruitment, training, promotion and discipline. Unfortunately, and as part of the general dysfunction – indeed being one of the cogent sources of it – the FCSC has gained the bad reputation of being a cash-and-carry organization that is rotten at its very core. And this is despite the immense and overwhelming efforts of other past reform-minded chairmen and commissioners, especially the spirited efforts of our highly-regarded Dr. Tukur Bello Ingawa, the out-going Chairman. Even more unfortunate still, an institution that ought to operate as the pragmatic hub of human resource management and of professionalism and expertise has seemingly fallen behind global modernizing trends because it is operating largely with the “clerk of works” template; a generalist understanding struggling to make sense of the tough demands of human resources in the age of administrative and technical specialization and professionalism.   

The FCSC must be upheld to the reform imperative of rebranding that rescues its core objectives and critical positioning in terms of the optimal performance of the public service to achieve sustained productivity. This rebranding requires – as the first key performance indicator to President Tinubu and Nigerians – an urgent and spirited effort to houseclean in ways that focus attention on reinstituting a new identity and brand for the FCSC as a reengineered, professionalized, technology-enabled, results-oriented and accountable face of civil service integrity and public-spiritedness. The second urgent task is the need to rejig the operational model by which the FCSC has worked in terms of being managed by a secretariat of generalists. This is contrary to the global image of service commissions as hubs of strategic human resource management and professionalism. The point therefore is to enlist or recruit a core of carefully selected, certified and reform-minded professional HR experts who will take over the FCSC secretariat top leadership and determine its operational dynamics. 

This brings us to the core objectives of the FCSC. The three objectives are recruitment, promotion and discipline. The goal of reforming the recruitment modality is to use it as the baseline for transforming the IQ of the public service in creative ways to address the competence and skill deficits. This means that the reform must restore the reputation of the public service as the preferred employer in attracting and managing talents and skills, and the capacity to retain them. Part of the reform element demands the introduction of technology-based testing and assessment that leaves no room for nepotism and mediocrity. With regard to promotion, the imperative is the shift away from traditional Weberian “I-am-directed” and the trained incapacity or blind conformity that undermines performance and productivity. What is needed is a performance and entrepreneurial model that is citizens-centered, results-oriented, technology-enabled, flexible, transparent and accountable. This new model, for instance, will automatically displace the highly subjective APER as an instrument for staff appraisal, and replace it with online continuous assessment that embed training-based assessments, peer reviews and 360 feedback models in citizens’ surveys configurations and other productivity-related metrics. Lastly, the disciplinary remit requires remodeling the public service workforce within a framework that Douglas McGregor calls Theory Y as opposed to Theory X. According to him, Theory X represents a transactional model of managerial leadership that simply administers the day-to-day affairs of the public service. On the other hand, Theory Y opposes this mere administrative capacity by demanding of the public manager a transformative capacity that creatively harnesses the competences of the workforce and direct their talents and capacities towards organizational objectives. This requires that we focus stringently on culture change and operationalize a new culture of work that map behaviour and performance.   

To achieve all this requires that the management of the FCSC work within a collaborative framework that brings in critical stakeholders into the joint effort to transform the FCSC: policy makers via the Federal Executive Council, the National Assembly, the Head of the Civil Service of the Federation, the body of permanent secretaries, the Council of Retired Heads of Service, public service ombudsmen, Federal Permanent Secretaries (CORFEPS) and its States’ equivalents, revamped National Association for Public Administration and Management (NAPAM), the private sector, non-state actors, the academia, the media and international development partners. This stakeholder consultative process will be directed towards the goal of generating a readily implementable Civil Service Renewed Hope Agenda and Action Plan that reinforce, strengthen and consolidate existing programmes, and which will be presented to the Federal Executive Council for approval in the months ahead. Once approved these will be implemented outside of personalized approaches in a collegial stakeholders-driven dynamic. There is also the need to collaborate with the Presidential Delivery Unit to restructure and capacitate the bureaucratic backend to enable the shift into a competency-rooted, performance-driven, accountable and technology-enabled national public administration model for Nigeria. The first order of business here will be to harness the technical support of a consortium of expert firms and individuals to make up for MDAs’ capability and capacity gaps to keep the FGN at peak performance in the implementation of its Renewed Hope Agenda in the immediate term. 

This will automatically commit us, as I have argued before, to the task of revitalizing the National Association for Public Administration and Management (NAPAM) as the national and professional association and community of practice that connects administrative scholars and researchers, development practitioners, and other regional and global communities of practice and service to the envisioned Nigeria’s developmental state brand.

At the risk of overstating why past reforms have had limited success, it is important to say that the Nigerian civil service does not belong to only Federal officers. There are other services and practices that must own any administrative reform programme in the civil service in the country for it to achieve desired impact. There are public administration scholars and researchers, there is a huge constituency of development practitioners, there are civil society organisations, the media and external development players, who must be brought into the reform conversation for it to make sense. And these others will create the narratives eventually, when we are succeeding, and they will tell the story by deploying the credibility they have in bigger measure only because they were in the trench with us in galvanizing the reforms and change programmes. So we cannot afford to be arrogant by calling their bluff, Nigeria belongs to us all.

This is not a grandiose dream. Institutional reform is not rocket science. It can be done the same way that Americans sent a rocket to the moon, and connected that feat to the task of further strengthening America’s leadership in the fourth industrial revolution and improving democratic governance through efficient service delivery that grounds sustainable infrastructural development. We already have the irrefutable political support of the President, and in my reform experience, that is half of the hurdles already surmounted. Where there is political will, the only other thing required to make change happen is the technocratic will and capacity to design and deliver. 

 

That said, I have been around the block too many times to naïvely assume that any of this will be easy or straightforward. Even in the best of times and all the goodwill in the world, the path of reform is rarely straightforward, more so where disruption and dislocation are envisaged, and these are hardly the best of times. We fully expect that there will be challenges along the way. As is common to all such disruptive reform process, we anticipate that there will be sideway steps and possibly even some stepping back to recalibrate. But our direction of travel and line of sight is to undertake innovative reforms that result in real, substantive improvements in the quality of Nigeria’s civil service. Some of the innovations will be catalytic, while others will only involve tinkering at the margins for marginal gains. Some changes might require a scalpel, while gentle chiseling may be sufficient in other instances. In all instances our focus will be on meaningful change that generates measurable improvements in performance rather than grand initiatives that produce little or no results beyond their cosmetic beauty. It is better for us to achieve bite-size improvements in the focus, orientation, quality and actual performance than some ambitious legislation that is not implemented. Because our focus is on changes that are viable, impactful and sustained, we will follow an approach of building confidence among stakeholders, testing and reviewing innovations and promoting system-wide understanding and adoption before resorting to institutionalization via legislation (if required). We will model good practice and provide support to inspire reform at sub-national so that all of Nigeria’s public service improves across all tiers of government. We will embrace, encourage and systematically receive public feedback from the citizens and service users. 

At this juncture, and in closing, let me say that it is unfortunate that my generation of civil servants have failed to give public administration the status of a profession. There is scant intergenerational all-stakeholders seminal dialogue on the status and the future of a profession in deep crisis. We are unable to build a community of practice and a service bonded not just with esprit de corps passion but in evident consciousness that it is a profession facing an existential challenge that requires deep professional self-introspection and seminal rethinking of its raison d’etre to enable it to regain its relevance and lost glory. The civil service is not a cult and must therefore break away from the mold of insularity and inbreeding by opening itself up for seminal interrogation. The world is indeed moving towards a seamless boundary of public-private integration with public managers and corporate chieftains moving unhindered in the dynamic of a capable developmental state. We may not be there yet, but we must be always alert to the irreducible fact that a river that does not allow others to flow through it will eventually dry up.  And we owe the future generations of bureaucrats the sacred duty to do the needful as well as the rightful. 

Now to end this text, I would like to suggest and state here that there shall be the need to organize and participate from time to time in workshops, seminars and conferences to be organized by the Commission in unprecedented scales with necessary support and cooperation from the political, technocratic and administrative leaderships in the quest to put on track the task of changing robustly and patriotically the civil service in earnest – without dilly-dallying and without mincing words. We must begin the journey now as we make the key move to be part of the President’s Renewed Hope Agenda.

Prof. Olaopa is the Chairman, Federal Civil Service Commission, Abuja.

 

 

 

  

         

 

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Opinion

Afe Babalola And Dele Farotimi: On Justice, A Just Society And The Nigerian State

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Prof. Tunji Olaopa

By Tunji Olaopa

The feud between elder statesman, Chief Afe Babalola and civil rights activist, Mr. Dele Farotimi, is perhaps the most significant discourse that postcolonial Nigerian state has thrown up for the moment, one in a class of those grand defining disputations that surely will gather dust which will take some time to abate. And it is one case that is fraught with all sorts of legal, jurisprudential, moral and political traps and complexities that speak to more than the trivial interventions—leveraged around the David and Goliath motif—that are attending the matter. Those who have been able to go beyond the surface of the case will agree that it goes to the very foundation and founding of the Nigerian society, and the fundamental objective of crafting a good and just society for Nigerians. That the issue revolves around the dispensation of justice immediately alerts us to the deep insinuation about the idea of social justice itself, and how the conception of fairness could be written into the very fabric of the Nigerian society. And yet, the complexity of the case is what makes it a case that is too critical for a public servant like me to dabble in.

(Un)fortunately, my intellectual maturation, my political science education and my professional endeavor in institutional reform advocacy have prepared me to intervene in this critical matter. I have always been involved with Nigeria, and with reflective thoughts about how to reconstitute her greatness. Three learning encounters with three world-historic icons configured my passion for wanting to see that Nigeria becomes a state we all can be proud of. The first came from my reading of Plato’s Republic. There is a reason that the entire treatise commenced with the question, what is justice? Justice was a fundamental issue in the decline of the ancient Athenian democracy that allowed Socrates to be judicially murdered. The second learning derived from Wole Soyinka’s dense prison memoir, The Man Died. And like most who have read it, Soyinka was troubled by the idea of justice: “For me, justice is the first condition of humanity.” By the time I would be coming to Thomas More’s Utopia, I was already apprised of the connections between my political science education, my professional endeavor as a public servant, and the key elements of institutional reform as a cogent framework for transforming Nigeria.

From Plato to Soyinka, we have a trajectory of political reflection that takes justice seriously as the basis for organizing a just society. This is part of the intellectual frameworks for my undergraduate and graduate studies at the Department of Political Science, University of Ibadan. In one of those explosive seminar classes that played some fundamental role in my intellectual maturation in the graduate school, I had proposed an argument through a seminar paper titled: “Is a revolution an option to fix Nigeria?” The topic was meant to titillate the collective yearning for revolution that would serve as the ultimate mechanism for social change that would flush off all traces of corruption and degeneration in postcolonial Nigeria. Revolutions seem to possess some allure for the masses because they constitute a framework of justice that the constitutional justice mechanism might not be able to handle.

However, as Wole Soyinka, Thomas More, Martin Luther and even Galileo Galilei would realize, the need for radicalism is balanced by the force of establishment orthodoxy. The Nigerian predicament has, as a fundamental foundation, a lot to do with the connection between governance failure and injustice in terms of the persistent and protracted class strife between the haves and the have-nots, between the rich and the poor, indeed, in the final analysis between the government and the governed. And in the case between Afe Babalola and Dele Farotimi, the issues boil down to the administration of justice and the entire edifices and institutions of social justice and the rule of law in Nigeria. And so, in outlining the key issues involved in the matter, we must be careful enough to read between the lines and the noises of analysts who are eager to queue behind their favored protagonists.

First things first. Let us remove the surface debris. Indeed, and in this case, the debris points us in the direction to look for the rot within the matter. First, there is the matter of civil defamation and its legal ramifications. And second, there is the issue of the legal and moral protocols involved in dealing with the pursuit of redress by someone who knows and understands the law. Barrister Farotimi has a legal right to seek redress in court. Chief Babalola has a legal right to defend his reputation in court. In raising the specter of legal prosecution against defamation, I see Chief Babalola as being at the forefront of gatekeeping the legal establishment in terms of what is and is not permissible or possible under the law and its conservative tenets. If you are hurt or an injustice has been done to your person, then the best place to seek redress is not the court of public opinion but the constitutional legal establishment.

Unfortunately for him, Barrister Farotimi’s book, Nigeria and Its Criminal Justice System, impugns the entire legal and judicial establishment up to its apex institution, the Nigerian Supreme Court. However, does radicalism preclude moral decency? A book could be written and allegations made without the complement of atrocious language. Or maybe the rot in the judicial system, and the need for a revolution preclude any niceties, especially with those who are allegedly at the forefront of perpetuating and protecting the rot. But then, how to prove what we all consider to be the norm in terms of legal prosecution of judicial corruption remains a hanging question.

No matter how we look at what we are calling the surface debris, we are redirected deeper and deeper into what lies beneath the surface. The ultimate question is that between Chief Afe Babalola and Barrister Dele Farotimi, what we are asked to contend with is the state of the Nigerian judiciary and the corrupt impediment of social justice, especially for an average Nigerian. What Barrister Dele Farotimi said about the Nigerian judicial system is not new. We are all familiar with the rot within the system. Indeed, this is not the first time an alarm would be raised about what we are all familiar with. Indeed, as far back as 1999, The News magazine carried a most unsalutary headline, “Crooks on the Bench: An Expose on the Rot in the Judiciary.” The magazine headlined the names of 47 judges indicted for judicial corruption. What is new is that Dele Farotimi dared to go so far as to mention specific names, and to confront the big players in the legal establishment. And he did this in a most scurrilous manner targeted at getting maximum traction and attention. It is as if Mr Farotimi, through the public sphere, is throwing the gauntlet to every Nigerian and challenging us on our collective responsibility to clean the Augean stable.

If Barrister Farotimi cannot prove his allegations in court, it would not mean that his charges are false. It might only imply that the system which is supposed to guarantee justice has become too corruptly dense to achieve its mandate. But there is also the chance that since the entire judicial system cannot be tarred so broadly with the same brush, Farotimi’s allegation might receive a dispassionate hearing that might deliver justice as we expect it. This might be a tall expectation. Nigeria’s postcolonial predicament has inevitable consequences on the capacity of the judicial system to facilitate the delivery of justice. And this failure also complicates the capacity of the Nigerian state to deliver on its social contract to Nigerians. This is what makes the Babalola-Farotimi case too complex to be decided either in the constitutional court or the court of public opinion. The burdens of postcolonial disruptions that the Nigerian judiciary system carries are enormous: judicial corruption, miscarriage of judgments, executive lawlessness, delayed trial due to insufficient infrastructure, financial dependence on the executive arm of government.

To outline the fundamental challenges of the judicial system in Nigeria this way is not to give in to cynicism and a deterministic mindset that we might be caught in a vice that is inescapable. It is simply to say that the ongoing uproar between the two dramatis personae demonstrates that the court has been given a chance to reflect on the role that (in)justice plays in the fundamental understanding of the Nigerian postcolonial predicament and the capacity of a democratic system to correct itself. When Chief Afe Babalola and Barrister Dele Farotimi are given their day in court, we will have no choice but to trust that same judicial system to deliver unbiased judgment no matter our misgivings about how objective and untainted that judgment could be. This is just a way of saying that though our judicial system is not perfect; it is still the best that we have.

The last words on this reflection on the connection between the ongoing feud between Babalola and Farotimi and Nigeria’s postcolonial predicament must be given to Haile Sellasie, former emperor of Ethiopia: “Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph.”

Olaopa is the Chairman, Federal Civil Service Commission,Abuja, and Professor of Public Administration.
tolaopa2003@gmail.com

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Opinion

Fear Of Witchcraft And Politics In Zambia

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Witch Burning, Impunity And Abuses Linked to Witchcraft Beliefs In Benue State
Dr Leo Igwe

By Leo Igwe

The Advocacy for Alleged Witches (AfAW) is concerned over the reported arrest of two men accused of being ‘witchdoctors’ in Zambia. The arrest underscores the potency of witchcraft fears and the connection between occult anxieties and the country’s politics. These individuals were accused of trying to bewitch the Zambian president, Hakainde Hichilema. The police claimed that they had charms. They planned to use the charms to harm the president. The report says the two persons have been charged under Zambia’s Witchcraft Act. The Act criminalizes “possession of charms”, “professing knowledge of witchcraft”, and “cruelty to wild animals”. The police found the two with assorted charms, including a live chameleon.

This development is utterly embarrassing and shows that the Zambian government is slowly losing its focus and bearing.The country has many socio-economic challenges. Suspicion of bewitchment or possession of charms should be the least of its worries at this time. There should be no place for witchcraft and possession of charms in modern politics because there is no evidence for these beliefs and practices. Zambian authorities should not weaponize the Witchcraft Act or use it to justify this incident. Zambian law does not recognize witchcraft. Zambia’s Witchcraft Act criminalizes naming or imputing witchcraft. It prohibits accusing or threatening to accuse any person of being a witch or a wizard. In this case, it is the police who are breaking the law.

Otherwise, how did they know the two individuals were ‘witchdoctors’? Did these persons identify as witch doctors? If not, the police are liable because they named and imputed witchcraft and have to prove that these individuals have witch-doctoring powers. The police claimed to have charged these individuals for possessing “assorted charms”, including a chameleon. Really?

The police in Zambia have questions to answer: What are charms? How did they know that what was in their possession were charms, not pets? Is a chameleon a form of charm? What makes possession of a chameleon possession of a charm? When and how does a chameleon become a charm? The police need to answer these questions and more before one takes them seriously.

Again, did the individuals describe what was in possession as ‘charms’? If they did, does confessing or designating something as a charm make it a charm? And if they did not, the police are liable because they need to prove how those possessions translated into charms.

In addition, the police claimed that the duo wanted to bewitch the president. What does that mean? How did they know? Are the police not contravening a provision under the Witchcraft Act by professing knowledge of witchcraft? Can one harm another person using a chameleon? They claimed that the two persons wanted to use the charms in their possession, including the chameleon to harm the president. How did they know that? What is the evidence for that?

The Advocacy for Alleged Witches calls for an end to this state-sponsored witch hunt. There is no evidence of harm through witchcraft or charms. The Zambian government should desist from witchcraft- related infractions and violations including arbitrary arrest, and detention of innocent citizens. These allegations are baseless and absurd. The arrest was politically motivated. This development demonstrates that Zambian authorities are out of sync with their duty and obligation to uphold the rule of law and protect accused persons.

Zambian authorities need to act in compliance with the 2021 UN resolution, which urged states to take measures to combat abuses linked to witchcraft beliefs and ritual attacks. End witchcraft allegations in Zambia. End witch hunts in Africa now!

Dr Igwe directs the Advocacy for Alleged Witches.

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Opinion

Burning Issues: (FCT Minister And Paulosa) (2)

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Readers’ Showers Of Encouragement
Prof. Tony Afejuku

By Tony Afejuku

The other burning issue, apart from Farotimi and Babalola’s, which I wish to take a look at – and which I am taking a look at now – relates to what is happening in our capital territory. What is this burning issue – which our human rightists and civil society organisations and personages are surprisingly and un-satisfactorily not inclined to focus attention on and examine as they should? I may be wrong, but it surely seems to me that this issue, this burning issue, which is of more importance than Farotimi and Babalola’s – which has been given undue adulation – is deliberately being neglected and depreciated by proclaimers and heroes and heroines of human rights, justice, equity and equality of rights in your country my country our country. Why, why, why and why, why, why? Anyone who has any iota of patriotic sensibility, feeling and judgment well watered and buttressed by a very great influence upon his or her critical judgment will keep on asking the question I am asking.

Mr. Nyesom Wike, as almost everybody who can read and write a little knows, is the current minister of your, my and our Federal Capital Territory. His post or office is akin to that of a governor of a state. As the immediate past governor of Rivers State who was drafted, after his two terms there expired, to continue in the FCT as its new minister-governor or governor-minister under the auspices of a party he is not a true member of, Mr. Wike cannot but be seen as a lucky man. He is in every possible and impossible way. Minister-Governor Wike is a lucky man and a very fortunate one indeed. No former governor of Rivers State (or of any Nigerian state), as far as I know, has achieved what the famed political rouser of rabbles has achieved in one short gubernatorial life-time, and at a relatively young and fertile age. His dual achievement with and in two different political parties at this delicate point of Nigerian politics indicates to our politicians and us all that there is always time for a reminder that there are ready-made high rewards for arch-angels of betrayals. And Mr. Wike may go down in Rivers and Nigerian history as both an arch-angel and an emperor of betrayal of us all if we attempt to indicate what I have defined here as his dual achievement.

We can roughly divide, briefly, Wike’s political development into two periods. During the first, excluding his lower political positions before he became the governor of Rivers State, he quickly adapted his style to that of an emperor who became a rabble-rouser of rabble-rousers whose gubernatorial efficiency moved from stiffness to stiffness. He did not at any time feel that he needed suppleness to govern Rivers State. “Let the heavens fall if they must fall!” We are not there yet in this attempted analysis of the stiff-hearted and stiff-minded one. True? But he is already demonstrating this characteristic in Abuja. False? Judge and give the answer yourself.

Even after he left Rivers State a short while ago as governor, he is still trying to control happenings there to the political discomfiture of his hand-picked successor, his erstwhile “boy” and “son” – with whom he has fallen out. As the minister-governor or governor-minister of the FCT, Wike is occupied with the other taste of the emperor-juggernaut formulator – doing the work of two key political masters in one room and desk of political jugglery. Since his appearance in the FCT, minister-governor or governor-minister Wike has allegedly attempted to recover or transform for Abuja what is not traditionally or socially Abuja’s, for example, the city’s social idiom and landscape and terrain as well as its environs. In doing this he sometimes over-steps his bounds and mark of human/inhuman decency/indecency and psychological understanding of human nature, if you follow well what I am saying; he has so far become at best not really better than a typical pedestrian Nigerian lawyer and officer of political power: in his explorations so far in the Federal Capital Territory we have come to the realization, as T. S. Eliot would say, that “it is so often true that only by going too far can we find out how far we can go.” But one has to be a very negatively obstinate and self-serving emperor and a thorough-bred arch-angel of betrayal of the people and masses to justify such perilous and perfidious expeditions and adventures.

Last week, I saw on Arise Television “The Morning Show” Chief Rita Lori-Ogbebor, the dutiful widow of the late Nigerian supreme patriot and soldier, Colonel Ogbebor (of Benin stock) battling, so to say, to wrest the legacy of her late husband from the tight grip of the adventurous FCT minister-governor who has registered his name and signature in the hearts and consciousness of the people as the depriver of their possessions. The three anchors of “The Morning Show” were in their respective ways splendid in their structures of remarks and questions to Chief (Mrs.) Rita Lori-Ogbebor whom I have had occasions in times past to call patriotically Rita A-K 47 on account of her natural right to fire her beautiful tongue at any person, usually an enemy, of just actions. When she made the case she made to protect the estate of Paulosa Nigeria Limited, her late husband’s aforesaid legacy in the FCT, she was in her natural territory, habitat and element where even at age eighty-four, she never ever loses her stability – although she unusually restrained herself in the Arise Television appearance. Dr. Reuben Abati, Rufai Oseni, and Ayo Mairo-Ese clearly explored seriously but delightfully the mind of the mother-hen of Warri – my other coinage and appellation I gave her in my poetry. Her “The Morning Show” appearance enabled me to see the poignant cry de profundis of the FCT inhabitants whose property and residences in different guises have been demolished. She did not say anything that was out of joint. She spoke and came out as a mother, protector and symbol of the people who have suffered – and are suffering – from the state of affliction and anguish Wike’s demolitions have placed – and are placing – the people.

Ojy Okpe in her delicious and delectable “What is Trending” slot on the same show, showed without exaggeration but with further elaboration what people in and outside Abuja/FCT think of the mighty Wike’s demolitions, a burning issue that the Senate has asked “Let Heaven Fall” minister-governor Wike to halt as the committee the Senate set up on the issue starts its work. Of course, we cannot but assume that Chief Rita Lori-Ogbebor, Mrs. Natasha Akpoti-Uduaghan as well as Mrs. Ireti Kingigbe, the senator representing the FCT in the Senate and other patriotic senators diligently did what they did on the floor of the Senate when the burning issue was tabled for debate with the gracious understanding and authorization of the Senate President.

I need to state further that the “The Morning Show” anchors did well and extremely so by giving the minister-governor the opportunity to air his anti-Paulosa story. His senior special assistant on public communication and social media, Mr. Olalere Olayinka, stood in for him. After he gave the reasons for the clamp-down, his responses to the questions the anchors put to him followed the usual pattern of denials by artificial men in power – denials that they always use to intimidate and betray the people. In fact, Mr. Olayinka’s ploy to ride easily over our dear Rufai Oseni, a wholesome representative of the deprived, that the chap (or is it guy?) and his boss always employ their colloquial speeches and remarks to dishonor, failed. Yes, the ploy failed woefully. In stanza after stanza of the exchanges between Mr. Olayinka and the Arise anchors, he deteriorated – and his deterioration was hall-marked when he unwittingly revealed that the Paulosa land had been acquired by his minister-governor’s close cohort, an act that was nothing short of gross abuse of power and authority.

Because the Senate is already using its authority, power and privilege to resolve the burning issue, hopefully, in a way that the late Colonel Ogbebor’s legacy and family will not be subjected to any kind of degradation, I will utter no more words for now. I trust, however, that the liberties the Senate is taking – or has taken – are for the sake of order to favour the down-trodden.

As for the minister-governor, the PDP emperor at large, here is an immortal quote from Marcus Aurelius, the magnificent and authentic Roman Emperor and philosopher (A.D. 121-180): “If it is not right, do not do it; if it is not true, do not say it.” You lose nothing by giving us a slice of your humanity by your right acts and correct words. Everything changes and passes. Be humane as a human being.

Afejuku can be reached via 08055213059.

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