Why it Matters

Democracy is about institutions. People repeat that a lot but may not fully grasp what the statement means. The institutions are the pillars that hold up the system of democracy. They are the philosophical underpinnings of what life ought to be in a democratic environment. This is more so in a liberal democracy, where the majority not only choose their leader, but where there is also a clear system of rights enshrined in the supreme document in the land. In places like Nigeria.

The concept of rights goes way back into history. As my Classics lecturer at the University of Ibadan pointed out (and he was an atheist), Paul and Jesus had different trials because Paul was a Roman citizen. “Civis Romanus Sum” filled the people trying to flog him with fear. It entitled Paul to a trial before Caesar himself. There were consequences for not according a Roman citizen his rights, even if he was a thorn in the flesh of the authorities.

What are the pillars of our democracy? We have a full bill of rights for citizens, which includes the right to be silent when accused of a crime and the presumption of innocence until the State proves an accused person guilty. It guarantees the freedom of conscience and religion, unless a law necessary for the preservation of law and order is passed to the contrary.

Why is it important to uphold the institutions of our democracy? The preamble to our constitution says its purpose is “…promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice…” Our liberal model of democracy puts its emphasis on political contest, rational discussion and the avoidance of tyranny.

Tyranny is the enemy of liberty. It was a key concern for the earlier philosophers contemplating the theory of the modern state. Montesquieu, in his The Spirit of the Laws argued that the separation of powers is intended to guard against tyranny and preserve liberty; that the major institutions should be divided and dependent upon each other so that one power would not be able to exceed that of the other two.”

What does it then portend for the State when a Governor, by pronouncement, proscribes a religious sect that has not had a single member convicted for violent conduct or hateful speech? What does it portend when the State Secret Police is deployed to break into the homes of judges in the dead of the night, make a fuss about arresting them and seizing evidence from them, yet releasing them without charge?

Many will argue, rightly, that the latter of these two acts recently witnessed in Nigeria was not “illegal”. However, institutions are also concerned with the precedents they set. There was arguably room for Republican National Convention to dump Donald Trump at the convention, but what precedent would it have set?

People will also argue that a section of the National Securities Act gives the President discretion with what “internal security” matter the State Secret Service can be deployed to respond to, but it is a pillar of administrative law that discretion must be used fairly (or “judiciously”). Now that the DSS has been dispatched to arrest judicial officers suspected of corruption, does this mean that the DSS has now usurped the EFCC and the ICPC where this is concerned? If this was a one-off, what were the circumstances that made it special and what rules have now been created for when the DSS will be dispatched to handle matters that are not traditionally those of internal security? What’s to stop them from sending the DSS to arrest striking workers at Dangote Cement? What is stop them from sending the DSS to arrest me after a simple road traffic incident?

If a governor can by decree proscribe a society from which no one has been convicted for anything, what’s to say he can’t turn against Christians or animists in his state tomorrow? Most people think of tyranny as violence or cruelty, but tyranny is simply the abuse or unjust use of governmental power. Arbitrary use of governmental power is tyranny. If power is used unjustly once, it can be used so again. And again. And again. And again.

This is why it matters.