President Bola Tinubu’s decision to end the roughly forty (40) years of subsidizing petrol pump prices on the very day of his inauguration— May 29, 2023—is a prime example of the use of executive orders, one of the three (3) legitimate tools of governance. Subsequently, the long-standing policy of maintaining a fixed exchange rate for the naira against foreign currencies, which had been in place for several decades, was also discontinued.
As a consequence of these two (2) drastic reform measures implemented through executive orders, the Nigerian economy went into a tailspin, recording an inflation rate of over 34%. However, stability is now gradually being restored, much to the relief of the current administration and the long-suffering people of Nigeria.
Below is how President Tinubu issued these two (2) executive orders in his inaugural speech on May 29, 2023, which triggered socioeconomic turmoil:
“We commend the decision of the outgoing administration in phasing out the petrol subsidy regime which has increasingly favoured the rich more than the poor. Subsidy can no longer justify its ever-increasing costs in the wake of drying resources. We shall instead re-channel the funds into better investment in public infrastructure, education, health care, and jobs that will materially improve the lives of millions.”
Continuing, President Tinubu stated: “Monetary policy needs a thorough housecleaning. The central bank must work towards a unified exchange rate. This will direct funds away from arbitrage into meaningful investment in the plant, equipment, and jobs that power the real economy.”
Then he concluded by saying, “Interest rates need to be reduced to increase investment and consumer purchasing in ways that sustain the economy at a higher level.
“Whatever merits it had in concept, the currency swap was too harshly applied by the CBN given the number of unbanked Nigerians. The policy shall be reviewed. In the meantime, my administration will treat both currencies as legal tender.”
It was not surprising that after the speech, hell was let loose as the price of petrol. went up as high as N1,300 per liter shortly after but today it is a little over N800 naira per litre.
In the twenty-two (22) months since President Bola Tinubu assumed leadership of Nigeria following his victory in the presidential election held on Saturday, February 25, 2023, he has directed the affairs of the country from Aso Rock Villa, Nigeria’s presidential seat of power. His policies, to say the least, have been revolutionary, leading to an unprecedented rise in the cost of living.
Since taking office, as highlighted earlier, the president has leaned heavily on executive orders rather than relying on traditional legislative and judicial processes. Generally, President Tinubu’s preference for executive orders appears to have been more efficacious for his administration compared to conventional governance methods—or so it seems.
This article seeks to assess the veracity of that assumption by conducting a comparative analysis of the three primary approaches to governance in a democratic setting: executive, legislative, and judicial instruments. To achieve this objective, we must examine the merits and demerits of these tools, particularly in the context of Nigeria under President Tinubu’s leadership.
Before delving further into the effectiveness of these governance tools in Nigeria’s democratic environment, it is appropriate to take a brief look at how executive, legislative, and judicial powers have been applied in democracies around the world.
For a holistic assessment and understanding of governance tools, it is pertinent to trace their origins back to ancient times— specifically, to Cleisthenes in Athens, Greece, in the 6th century BC, where democracy was first introduced. It was later nurtured by thinkers like Aristotle and Cicero.
We will also examine France, where democracy was further refined under the influence of Enlightenment philosophers such as Alexis de Tocqueville, Montesquieu, and Jean-Jacques Rousseau.
Next, we will consider India, the world’s largest democracy with a population of 1.4 billion. Finally, we will reflect on the United States of America (USA), the world’s foremost democratic nation and leader of the free world, from which Nigeria borrowed its current presidential system of governance.
To carry out this analysis effectively, below is a comparison of the three (3) well-established governance tools in democratic settings: Executive Orders, Legislative Procedures, and Judicial Actions.
Executive Orders
1. Definition: Official directives issued by the head of state or government, outlining policies, decisions, or actions. A notable example is the United States, where President Donald Trump extensively leveraged executive orders to fast-track the implementation of his far-reaching policies under the ‘Make America Great Again’ (MAGA) agenda.
2. Purpose: Enables swift decision-making, bypassing legislative delays.
3. Characteristics: Binding, enforceable, and often irreversible without subsequent orders or legislation.
4. Examples: Executive orders issued by US Presidents and Nigerian Presidents.
Legislative Procedures
1. Definition: The formal processes by which laws are created, amended, or repealed by elected representatives.
2. Purpose: Ensures representation, deliberation, and accountability in lawmaking.
3. Characteristics: Involves debate, voting, and potential amendments.
4. Examples: US Congressional lawmaking, Nigerian National Assembly legislative processes.
5. Observation: Notably, policies processed through this method—such as the four (4) tax reform bills—are still stuck in the National Assembly, awaiting legislative approval. This aspect will be examined further later in this discussion.
Judicial Actions
1. Definition: Decisions, rulings, or orders issued by courts to interpret laws, resolve disputes, or enforce rights.
2. Purpose: Uphold the rule of law, protect individual rights, and provide checks on the executive and legislative branches.
3. Characteristics: Binding, precedent-setting, and subject to appeal or review.
4. Examples: US Supreme Court decisions, and Nigerian Supreme Court judgments.
5. A typical example in Nigeria is the Supreme Court judgment on local government autonomy. Long after the ruling, local governments’ autonomy has yet to be implemented. The Punch newspaper reported yesterday, Monday, March 17, that state governors are lobbying the Federal Government to delay implementation. We will delve deeper into this issue later in this discussion.
To fully grasp how the three (3) governance tools function in a democracy, it is essential to analyze their characteristics, advantages, and disadvantages. Different presidents apply these tools based on a needs assessment, balancing efficiency with democratic accountability.
Comparison Of Governance Tools
Executive Orders
• Definition: Swift, binding, and enforceable directives issued by the head of state to expedite decision-making.
• Advantages: Efficient, allows rapid crisis management, bypasses legislative gridlock.
• Disadvantages: Can be abused or misused as it bypasses legislative oversight.
In the US, former President Donald Trump issued a raft of executive orders on his first day in office, a practice that critics viewed as an abuse of power. However, his supporters—who were in the majority, as he defeated his opponent Kamala Harris in the November 5, 2023, presidential election—argued that he needed speed to fulfill his agenda within the four (4) years of his term. Given the constraints of time, Trump prioritised executive orders over legislative or judicial processes to deliver on his campaign promises.
Legislative Procedures
• Definition: The process by which laws are created, amended, or repealed through debate and voting in a legislative body.
• Advantages: Ensures representation, deliberation, and accountability.
• Disadvantages: Can be slow, prone to gridlock, and influenced by special interests.
A key example in the US is the overturning of Roe v. Wade, a landmark ruling that guaranteed women the right to make reproductive decisions without government interference for over half a century. The influence of special interests was evident in this decision.
Similarly, in Nigeria, some northern leaders fear that proposed tax reforms—particularly the provision allowing about 60% of Value Added Tax (VAT) revenue to remain in the states where it is generated —would disadvantage their region. This has led to opposition to the reform, despite assurances from the Tax Reform Committee Chairman, Taiwo Oyedele, that these concerns are unfounded.