Nigerian-Newspaper.com                Posted December 25th, 2006

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THE FUNDAMENTAL RIGHTS OF A DEMOCRATIC GOVERNMENT


What Mr. President, Fed. Rep. of Nigeria should know ……

Democracy as rule of the people, pre-suppose agreement on who constitutes what is called “the people”. The grassroots level people. Such agreement must necessarily distinguish between those who enjoy the rights of citizenship and the parasites that see themselves as gods of the poor. There should be mutual respect between the different communities or identities that make up the nation; and all citizens must enjoy effective equal rights under the law of the land.  How Nigeria manages the potential tensions between the requirements of equal citizenship and the distinctiveness of its different communities and between internal inclusiveness and external exclusivity is an important indicator of the quality of Nigeria’s democracy. Of democratic significance are Nigeria’s procedures for resolving disagreement about its constitutional arrangements, and how inclusive these are. The idea of the rule of law is a long-standing one, predating the advent of democracy. It expresses the powerful idea that law, not the arbitrary will of particular person or group, whether in government or not, should rule society. The idea of the rule of law surely comprises some distinct elements including the following:

  1. No one should be punished without proving guilty in the court of law, with a fair hearing before a duly constituted court.
  2. The Nigerian judiciary should be institutionally independent of both the executive and the legislature, so that it can interpret and enforce the law without fear or favour.
  3. All Nigerian law should be certain, and its provisions and penalties known in advance.
  4. No one should be above the law, whatsoever their position or social standing and everyone should be equal before the law.
  5. All Nigerian public officials should be subject to the law, and act within the terms of legally prescribed duties, powers and procedures.
  6. Parliamentary law making should itself conform to constitutionally defined procedures and limits. It should uphold the rights fundamental to democratic citizenship.
  7. Nigerian law enforcement agency should enforce the law effectively and fairly.
  8. No citizen should be denied the protection due them under the civil or criminal law because they can’t afford the cost or because of gross delays in the administration of justice.
  9. Nigerian leaders must understand that democracy cannot work without effective civil and political rights.
  10. Nigerians must be able to join together, meet freely to discuss “ONLY” their aspirations and needs, their concerns and possible remedies. 
  11. Nigerians must be able to express their views freely.
  12. In Nigeria, open government is essential underpinnings of these rights.
  13. Serial blackmailers, rogue journalists and jobless character assassins should be put behind bars.
  14. Nigerians must feel secure in their freedom to practice their own religion and culture (Excluding heathens and Idol worshippers). Otherwise, there can be no political equality to ensure that the needs and views of all sections of society are given voice and taken into account.
  15. Above all, Nigerians must be free from intimidation, violence and the fear and threat of violence.
PRESIDENT: must learn not to claim any more power than he has to take. He must not at the same time give away any more power than he needs to, in order to share. Honesty, though, does not always involve telling everyone everything. Nor does it involve sharing every emotion no matter how transient or trivial


Alh Isa Junaid, writing from the United States of America
alhjunaid@yahoo.com


 

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