President Buhari’s Distinctive Legacies to Nigeria
Author: Ben Nwabueze
Ibadan: John Archers Publishers, 2019, 345 Pp. ISBN 978-978-57328-7-0
Reviewer: Frederick Ifeanyi Obananya, OP
fredifeanyi21@gmail.com
+234 703 232 1081
Ben Nwabueze in his book President Buhari’s Distinctive Legacies to Nigeria argues that the Federal Government of President Buhari is deficient and has failed the Nigerian people because of its disregard and disrespect for constitutionality. The reason for this is that constitutionality can only be attained when it is anchored on an independent judiciary, and backed by the sanction of public opinion. If not, it is a camouflage of and for dictatorship.
The methodological structuring of the work comes across as greatly beneficial, simple and interesting – how the author told the story of 345 pages of his work in the preface. A sign of mastery in writing. The author brings his expertise as a constitutional lawyer to the discourse of the problem of Nigeria and the collapse of the three arms of government under the government of President Buhari. He tells the story of what has happened under the government of Buhari not chronologically but thematically with a range of substantive sources from the Newspapers, court hearings/ judgements/ cases, etc. Often times, the author cites the constitution and several other statutes to establish what ought to have been done and hence show when there has been a breach, a disregard and a disrespect of constitutionality. However, besides the identification and exposition of “President Buhari’s distinctive legacies to Nigeria”, the author also wishes to raise the consciousness of Nigerians that the power or authority of last resort in the country belongs to them. Since sovereignty belongs to the people of Nigeria from whom the government through the constitution derives its power and authority.
The incumbent government has embarked on some developmental projects since it was sworn in in May 2015. In his Democracy Day speech on June 12, 2020, he highlights some of the achievements of his government in the areas of transportation, power and agriculture amongst other sectors. Recently, he has given presidential assent for the Companies and Allied Matters Act (CAMA) 2020. Nwabueze acknowledges that the government of Buhari is not without some positive sides but was more focused on the adherence of his government to the provisions of the Nigerian Constitution, which is the supreme law of the land.
Hence, Nwabueze discusses the legacies of President Buhari from May 2015 when he started his first term as civilian president, all of which are deficient and neither praiseworthy nor to be emulated. He identifies five legacies: first, the subjugation and assault of the Nigerian Judiciary, which was targeted at its head and the subsequent unconstitutional arbitrary removal of the Chief Justice of Nigeria, Justice Onnoghen from office. Second, a governance characterized by sectionalism and coloured by nepotism – legacy of a divided country. This has led to the failure of the state in its basic role: protection of the land & the protection of the people, even as it includes making viable economic decisions. The failure of the state has led to the impoverishment of the lives of Nigerians and the heightened resurgence of the incidence of violent crimes.
Third, a disreputable desperation for re-election for a second term in office which instigated a subversion of democratic election, which ought to be free, fair and with credible contest for the choice of persons to rule. This attitude, Nwabueze writes, was manifest in his use of the Chief Justice of Nigeria (CJN) in the person of Justice Tanko Mohammad to dismiss as lacking merits, even without hearing in an open court of law, the appeal made by the former Vice-President Atiku Abubakar and his political party, the People’s Democratic Party. Nwabueze notes that although the Supreme Court is the highest court, it does not hold the power or authority of last resort in the country. The people of Nigeria do, since sovereignty belongs to the people of Nigeria from whom the Supreme Court through the constitution derives its power and authority. Hence, the Supreme Court in the exercise of her powers and authority should be mindful of the wish of the people of the country, else it be sanctioned by the people through the sampling of public opinion.
Fourth, a disregard and disrespect for constitutionality in the conduct of government which section 172 of the Constitution casts upon a person in the public service of the Federation such as the President. Nwabueze notes that Buhari has acted against the President’s Oath of Office and has shown disregard and disrespect for constitutionality in his breach of the obligations arising from the Code of Conduct for Public Officers enshrined in the constitution, and the Federal Character Directives in section 14(3) of the same Constitution as it advocates for national unity and against tribalism and nepotism. President Buhari goes against the conduct expected of a President in his negligence and silence on the brutal killings, destructions and displacement of persons by Fulani herdsmen (Miyetti Allah Cattle Breeders Association) – “which certainly makes the Association a terrorist organization that should have been so declared by the Federal Government….” Nwabueze also notes with facts that all strategic appointments, particularly in the leadership of the security agencies since President Buhari’s inauguration on 29 May, 2015 “are from the Northern section of the country, many of them from his home town, Daura.” Nwabueze advices that governance without constitutionality is incomplete. Constitutionality, he says, can only be attained when it is anchored on an independent judiciary backed by the sanction of public opinion. If not, it is a camouflage of and for dictatorship. And finally, fifth, a legacy of relegation of truth and morality in governance.
This is one of the best books I have read that have detailed the legal implications of the actions of the Federal Government of President Buhari. Reading it I felt the disappointment of the author regarding the current state of Nigeria. This work is more or less a history book but its embellishment with legal jargons and references could make the work tasking. The use of the title President Buhari’s Distinctive Legacies to Nigeria may appear misleading at first but its coinage is not totally out of place given the Latin meaning of the term legacy, legendum (legere) meaning – that which ought to be read/ collected (for libraries). However, for easy reading, the author could have thematically divided the book using the said distinctive legacies of President Buhari. This book is for all men and women who yearn for the truth about Nigeria. It is a must read for all teachers, students and researchers in Political Science and International Relations. I recommend that parents should read, digest and explain the contents of this book, at least the Preface, to their children. Why? That they may begin to learn and form their consciences rightly on what it means to lead/ follow and, on the sovereign power of the citizens as the last resort.