By Prof Nnamdi Obiaraeri
According to the Santa Clara University, ethical leadership means “both acting ethically and setting the standard for others to do so as well”. Ethical leadership is related to concepts such as trust, honesty, consideration, charisma, and fairness. Leaders have an opportunity to inspire others not only to do the right thing but also to consider the kind of people they want to be. The Northouse’s five principles of ethical leadership are that- ethical leaders respect others; ethical leaders serve others; ethical leaders are just; ethical leaders are honest; and ethical leaders build community. If the above are as instructive as they are and should be, where is the place of ethical leadership in Nigeria and specifically under the Nigerian constitutional order?
The search for ethical leadership is directed at the Nigerian Constitution because the national Constitution is the supreme law of the land. Section 1(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended emphasises that the Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria. In the case of LAGOS STATE GOVT & ORS V. ABDULKAREEM & ORS (2022) LPELR-58517(SC) (Pp. 37-38 paras. D), the Supreme Court reiterated that the Constitution of the country is its fundamental law, the fons et origo of all laws, the exercise of all powers and the source from which all laws, institutions and persons derive their authority.
Going through the gamut of the provisions of the Nigerian Constitution dealing with leadership recruitment criteria and allied issues, it is obvious that “saints” will not rule Nigeria. It is the contemplation or intendment of the constitution that only politicians who have either been elected or appointed into public offices will continue to rule or govern Nigeria. As this is the case, it may then be asked whether the Nigerian politician who is entrusted with leadership is ethically compliant?
In Nigeria, the appellation or tag “politician” is undoubtedly a heavy baggage or (if you like) a derisive tag. In some civilised settings, many may not want to be introduced as politicians for the simple reason that it connotes duplicity and fraudulence whether for explicable or inexplicable reasons. Foreign Embassies loathe processing or granting visa applications filed by Nigerians as politicians. Truth be told, the saying “He is a politician by profession” or “she is a professional politician” is a dubious appellation in Nigeria yet politicians are and remain indispensable handmaids and catalysts in any democracy.
It is common knowledge that Nigerian politics is roguish and often characterised by many unprintable things. Ideally, politics is for service delivery but Nigerian politics is murky and full of fractious intrigues hence the cliché “murky waters of Nigerian politics”. To be a politician in Nigeria comes with the risk of being seen as corrupt, wicked, soulless oppressor; a goat that eats the yam that belongs to the public. Nigerian politics is a game of “promise and fail”. Sadly not many see Nigerian politicians as development agents or benevolent souls.
This is understandable given the monstrous corruption, poverty, hunger, diseases, insecurity, spiraling inflation and disunity in the country. With the brigandage and under performance of the political class over the years, who will be proud to be introduced as a politician in Nigeria? But it was Aristotle who said more than 2000 years ago that man is a political animal. They say “Anybody who is not a politician is worse than an idiot.” Another anonymous quote says “I do not pay attention to politics is one of the most ignorant statements a person can make.”
When the recent 2023 nomination and screening of Ministers were ongoing, the clamour for non-partisan, honest, untainted and dedicated crop of Nigerians to be appointed to be in charge reached a deafening crescendo. Trust critical Nigerians, most nominees on the then ministerial list were lampooned for being too old, recycled or belonging to the same breed of politicians who ruined the country. There was pitch fever demand for Ministerial nominees or appointees that were either “not politicians” or “corruption free”.
This call was made without countenancing that, without equivocation, not every Nigerian politician is a crook, mindless looter of public treasury and goat that eats the yam belonging to all including the unborn. Don’t ask about the percentage of the good, patriotic and decent politician. That is a question for another day.
The essence of this intervention is to place the burden of the dearth of ethical leadership on the doorsteps of the national Constitution. Many do not know that ethically compliant leadership will continue to be in short supply in Nigeria because it is presently untenable. Such high expectations will not see the light of the day because of some constitutional impediments. These notorious obstacles inherent in the constitution include but are not limited to the following-
(a) No independent candidacy is allowed under the constitution and extant electoral laws as presently crafted. In Nigeria, there is no room for independent candidate in an election as a community reading of the provisions of sections 221, 222 and the proviso to section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Electoral Act, 2022 will confirm that only registered political parties can canvass for votes and sponsor candidates in an election. Hence, all key political actors and top office holders by peoples votes and popular (or stolen if you like) mandate must be partisan politicians sponsored by any of the INEC registered political parties namely: President, Vice-President, Governor, Deputy Governor, Senator, Honourable Member of House of Representatives, Honourable Member of State House of Assembly, Chairman and Vice-Chairman of Local Government and Councilors of Local Government Councils.
What this means in concrete terms is that Nigerians must continue to choose their leaders from the bunch of “discredited” politicians sponsored by the large army of “undemocratic” political parties. It is thought that independent candidacy will help to throw the gate wide open for ethical leaders to stand election and be voted by the masses without being subjected to the impunity and lawlessness that presently characterise internal party politics.
(b) A Minister of the federation or or Commissioner in a State must have the same qualifications of a Member of the House of Representatives or State House of Assembly respectively. This is a constitutional requirement. The procedure for taking public office in Nigeria is clearly regulated by our Constitution and not by rules of emotion or elastic morality. One trite stipulation in section 147(5) of the Constitution of the Federal Republic of Nigeria, 1999 as amended is that “No person shall be appointed as a Minister of the Government of the Federation unless he is qualified for election as a Member of the House of Representatives.” Specifically, under section 65 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, a person shall be qualified for election as a member of the House of Representatives if he is a citizen of Nigeria and has attained the age of 25 years, has been educated up to at least School Certificate level or its equivalent; and is a member of a political party and is sponsored by that party. If this provision is stretched fully, it may mean that a Ministerial nominee who is not a member of a political party and or who is not sponsored by that party is in breach of the Constitution if he presents himself for confirmation of the appointment.
The above analysis attaches also to the office of a Commissioner of the Government of a State. Under section 192(4) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, a Commissioner must have the same qualifications with a member of the State House of Assembly. Under section 106 of the Constitution, a person is eligible for election into the House of Assembly on the same conditions as a member of House of Representatives already outlined in section 65 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
It must be accentuated that one of the offices reserved for non-partisan or card carrying members of any political party in the constitution is judicial officers who exercise the judicial powers of the federation under section 6 of the Constitution of the Federal Republic of Nigeria, 1999 as amended. Members of the judiciary are insulated from politics and other partisan matters. Another responsibility for non-partisan Nigerians is reserved for officials of the Independent National Electoral Commission or State Independent Electoral Commissions although it is highly doubtful whether these electoral umpires are not worse than the “discredited” politicians.
The search for ethical leadership in Nigeria will continue to be elusive unless and until the national constitution is drafted to promote ethics in leadership. A national constitution that does not either make payment of tax as and when due a qualifying criteria for assuming public office or default in tax payment as and when due a disqualifying condition for holding public office cannot midwife ethical leaders. Payment of tax remains a civic obligation of a responsible citizen. In this day and age of intellectual rigour plus artificial intelligence, a national constitution that has scant regard for possession of good and verifiable academic qualifications as preconditions for holding public offices (including the office of President being the highest office in the land) cannot produce leaders who epitomize moral development and virtuous behavior.
Culled from StarPost Express
