Legislation To Compel Resignation Possible Solution To Bad Governance

Many agree that the current state of Nigeria is as a result of bad leadership. They also agree that this lapse has contributed to its dwindling economy. However, seeking possible solutions and achieveable means of implementaion to the rather pathetic situation has often been contentious.

Corruption is a menace that has eaten rather deeply into every sector of the country and it is not surprising that Nigeria keeps ranking lower in the world’s corruption Index. In 2020, the nation ranked at No.149 in the Corruption Perception Index of Transparency International (TI), revealing a further decline in rank from what was obtainable in 2019. 

Currently, there are a handful of cases in court involving present and past political office holders. There are also instances of political office holders who were elected or appointed despite their criminal history. Reports reveal that there are currently eight senators out of 109 in the 9th Assembly, who are facing criminal charges. These senators are from different political parties in the country, including the ruling party and popular opposition. They are currently being tried on allegations of money laundering, fraud, stealing/diversion of public funds amongst others, meanwhile, only one of them had been convicted, with the judgement  against him now nullified. While decisions are yet to be reached regarding the rest of them owing to the delayed justice system, their integrity however continues to be at stake. 

Across the globe, there have been several incidences of political office holders, resigning from their positions as a result of  issues or allegations against them. Recently, the former Prime Minister of Estonia Jüri Ratas, had resigned from office following an investigation about his political party’s criminal involvement with businessman "Hillar Teder". Also, in the Netherlands, Prime Minister Mark Rutte, along with his entire cabinet had resigned over the "Dutch Childcare benefit scandal" on the 15th of January, 2021. 

Some time in October 2018, Ishmael Osamor, a UK politician of Nigerian origin had resigned as labour councillor, over drug supply charges brought against him.  Also in 2018, Kemi Adeosun, a UK born-and-raised former Minister of Finance in Nigeria had resigned over allegations of forgery of  her NYSC certificate.

These leaders have one thing in common which is obviously missing in the African political scene. It will no doubt be a welcome development, if more Africans leaders, particularly Nigerians are able to imbibe the culture of resigning their positions when controversial issues surrounds their personal or professional lives. 

Eunice Okeya, a passionate Nigerian said: "There should be a law to personally check those that contest for any position in this country. One should not be able to contest in the first place if you have a court case especially criminal in nature. There should be a limit to how long they can contest and stay in office just like the presidency. Most of then think they can be Senators for life and this does not put a check to them in any way. If any allegation is brought to you or your name while in office, you should step down till the matter is settled and if found guilty, you should immediately resign."

Perhaps one possible solution to improving the state of governace in the country is a legislation that would prompt the resignation or suspension of political office holder facing allegations while in office.

Banke Adegbola Esq responding to the above said: "In as much as we wish that there should be a law to that effect, we should not forget that there is a difference between law and morality. There are pending cases before them but there is no final decision of the Court against them yet. If we make a law compelling any political office holder to step down when there is a pending court case against them, that will be violating their right to fair hearing. Moreso, such law could be used as an instrument of propaganda by political opponents against political office holders. I think the issue of challenge to integrity which has not been proved is not within the purview of the law (in the strict sense) it is in the purview of morality, of which Nigerians are most likely capable of sacrificing integrity on the alter of money and power."

From the comment above, it can be deduced that it seems practically impossible to compell political office holders to resign with the force of the law. However, there are existing provisions of the constitution to restrict persons who have been convicted for certain offences, from vying for political positions. A member of the Federal House of Representative, Hon. Abdulrazak Namdas, had sponsored a bill called “National Convict and Criminal Records (Registry) Bill, 2020”. The bill seeks to bar aspirants who have been previously convicted either in Nigeria or abroad from contesting any political position. If passed into law, it will be a good addition to the available provision of constitution.

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