Tinubu Reforms: Efficacy Of Executive Orders Over Legislative, Judicial Procedures (1)

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.