Political Institutions Nigeria Political Institutions

Presentation Outline II. Political Institutions a) Executive Branch b) Legislative Branch c) Judicial Branch d) The Military e) The Party System f) The Electoral System

Nigeria’s government structure Appoints Confirms Elects

II. a) The Executive Branch The President The Cabinet The Nigerian Civil Service

The Nigerian President Head of State and Head of Government Directly elected by citizens Limited to two 4 year terms Must receive national and regional support to be elected Appoints Supreme Court Judges Appoints Cabinet Can veto legislation Commander-in-chief of the armed forces Current President Goodluck Jonathan He is a Christian from the South

Nigerian Presidents since 1985 Military Dictatorship Democratic Republic Ibrahim Babangida Ernest Shonekan Sani Abacha Abdulsalami Abubakar Olusegun Obsanjo Umaru Yar’ Adua Goodluck Jonathan 1985-1993 1993 1993-1998 1998-1999 1999-2007 2007-2010 2010-present

The Cabinet There are currently 19 Ministries or Departments By convention the President appoints one Cabinet Minister from each of Nigeria’s 36 states; since there are more states than Ministries, many Ministries have two Cabinet Ministers Below: Goodluck Jonathan with his newly appointed (2011) Cabinet How many women are in his Cabinet?

The Nigerian Civil Service Modeled after the British Civil Service and established during colonial rule Like the British Civil Service, the Nigerian Civil Service is composed of a career bureaucrats who craft policy and consult with Cabinet Ministers The top civil servants are known as permanent secretaries Nigeria’s Civil Service, however, is generally characterized as inefficient and corrupt Uses a quota system to ensure balanced representation from Nigeria’s many ethnic groups

II. b) The Legislative Branch Like all federal systems, Nigeria has a bicameral legislature The House of Representatives is based on representation by population The Senate is based on regional representation

The House of Representatives Directly elected to 4 year terms Based on representation by population Amends and make laws Debates issues Can impeach the president Can overturn a veto with a supermajority vote (66%+) 360 seats

Ethnic , religious, and regional tensions occasionally disrupt the civility of the House of Representatives as evidenced by a recent brawl (2010)

The Senate Directly elected to 4 year terms Based on regional representation Debates issues Amends and creates laws Can impeach the president Can overturn a presidential veto with a supermajority vote (66%+) Confirms President’s Supreme Court appointments 109 seats

II. c) The Judicial Branch Nigeria’s legal system is comprised of three systems: 1) Traditional courts 2) British Law 3) Islamic Sharia Law There is also Supreme Court with the power of judicial review

Traditional courts Customary courts were established under British colonial rule to encourage local ethnic groups to resolve minor conflicts peacefully and based on their local customs. These courts continue to operate in Nigeria but their jurisdiction is generally limited to minor civil disputes Below: a traditional Igbo court in Southeastern Nigeria circa 1900

British Law Nigeria’s criminal code and civil law are based on British legal traditions For all civil law cases in the South, Nigeria uses British common law Criminal and civil trials use the adversarial system where defense lawyers and prosecutors argue their cases Criminal law is also based on the presumption of innocence Below: senior Nigerian lawyers wearing traditional English wigs

Sharia Law Islamic law is used in civil and criminal cases in Nigeria’s northern states Non-Muslims living in northern states do have the right to be tried using British Law The introduction of sharia law was seen as a concession to Nigeria’s northern Muslims to strengthen Nigerian federalism

The Nigerian Supreme Court Established in 1999 Composed of approximately 21 judges, who are appointed by the president Highest Nigerian court Has the authority to interpret the constitution and provide judicial review Independent of the executive and legislative branches

Judicial review Recently, supreme court judges have begun to exercise their judicial review by challenging the ruling People’s Democratic Party(PDP) Two recent rulings support the Supreme Court’s claim to providing effective judicial review: 2007- ruled that PDP President Obasanjo could not seek a third term 2012- upheld INEC appeal that 5 state governors had refused to step down from office; the court ordered that these 5 governors be sacked Source: http://www.proshareng.com/news/16143

II. d) The Military Why do you think Nigeria’s president insisted on a public motorcade standing next two Nigeria’s top generals? Nigeria has one of the largest military forces in Africa and possesses a modern arsenal Unlike other case study countries we studied this year, the military dominated Nigerian politics for most of the 20th century From independence until 1999 there were 10 military coup d’etats Below: President Goodluck Jonathan riding with top generals

Until 1999 the military assumed the role of the executive branch; every president until 2007 had a military background, the military controlled Nigeria’s oil wealth and controlled patronage The strong presence of the military in politics is a feature of many African states Since the 1999 Constitution the military has accepted its subordinate position and the primacy of civilian rule

II. e) The Party System Nigeria’s party system is much more developed than Iran’s, since there are actual political parties with defined ideologies Nigeria is considered a multi-party system but since 1999 only one party, the People’s Democratic Party(PDP) has dominated politics. Does this describe another country’s party system we studied this year?

Nigeria’s parties on the political spectrum The party system in Nigeria is still in its infancy Party popularity is still largely determined by the popularity of powerful personalities- this is very much rooted in Nigeria’s authoritarian political culture People’s Democratic Party (PDP) Action Congress of Nigeria (ACN) All Nigeria People’s Party (ANPP) Congress for Progressive Change (CPC) Left Centre Right

Strong supporter of social welfare Congress for Progressive Change (CPC) Action Congress of Nigeria (ACN) All Nigeria People’s Party (ANPP) People’s Democratic Party (PDP) Left of Centre Strong supporter of social welfare Favours more devolution of powers to the states Strong support base in the North Progressive Party Supports economic liberalization but also emphasizes social welfare Popular in the South Right-wing Strong supporter of sharia law for the North Centre-right party Champion of economic liberalization Ruling party since 1999 Very strong support base in the South

The PDP PDP position is in Nigerian politics is still dominant. However, in the 2011 election it lost its majority in the House of Representatives for the first time since 1999. Is this the beginning of a competitive party system?

Despite losing its majority in the House of Representatives, the PDP still has an overwhelming majority in the Senate and every president since 1999 has come from the PDP

II. f) The Electoral System Nigeria has three direct and regular elections for the President, Senate, and House of Representatives The House of Representatives and Senate use the SMD system. A simple plurality is needed to win a seat. To be elected president a candidate requires both regional and national support, at least 25% in 2/3 of Nigeria’s 36 states as well as an absolute majority (50%+ overall) A second round, run-off vote is required if no candidate can meet the above criteria in the first round; since 1999 no second round has been needed

Given what you know about Nigeria’s system of federalism why do you think the Constitution called for the president to have at least 25% support in 2/3 of Nigeria’s 36 states? Judging by the results of the 2011 presidential election is this electoral rule having the intended effect?

INEC- Nigeria’s Independent Electoral Commission Nigeria’ s elections have been repeatedly criticized by the international community as fraudulent, and neither free nor fair Nonetheless, unlike authoritarian Iran or China, Nigeria does have an independent electoral commission which monitors and supervises elections, tabulates results, and ensures that the elections are free and fair For further inquiry into INEC visit the website: http://www.inecnigeria.org/

Discussion Questions 1) Compare and contrast Nigeria’s party system with Mexico’s and Russia’s. 2) Explain why the Nigerian president is much more powerful than the Iranian president. 3) Does Nigeria’s government structure promote or hinder national unity? 4) Does Nigeria have the rule of law? Are there encouraging signs? How does it compare with Mexico and Russia?