Of course people are more likely to follow laws, regulations, and rules (LRR) that they helped to create because they share direct ownership of them. Their successors are more likely to do same because they share kinship and therefore indirect ownership of LRR.
Context is important too and may explain difference. Common and statutory laws absorbed customs and traditions as the laws were developed in Europe for example. Unlike the case in Europe, common and statutory laws were developed with customary and traditional laws already in-situ in many African countries hence the co-existence of two parallel law systems. The presence of two sets of laws creates the possibility of compliance divergence and superiority.
Among the Igbo for example, one may be married under two sets of laws- the Act or customary law. For most Igbo the latter is the more consequential- more binding, recognized, and respected. Marriage under the Act alone may not confer traditional property, succession, and other rights. It is not uncommon for example for a community to say to a member married under the act only ( no customary/traditional marriage), "we do not know that you are married". The community may also not recognize a divorce under the Act until the marriage is dissolved under customary/traditional law- including the refund of bride price for example. In Nigeria's Muslim North, Islamic law runs in parallel with common and statutory law. My understanding is that Islamic law is the more consequential in ordinary society. The belief I am told is that a violation of common and statutory laws takes one to prison. The violation of Islamic law takes one to hell.
Let me add If I may that superstition is arguably one more reason for the compliance divergence in favor of customs and tradition. The violation of customs and traditions angers the gods. The violation of common and statutory angers temporal potentates who may very well be corrupt.
oa
From: usaafricadialogue@googlegroups.com [mailto:usaafricadialogue@googlegroups.com] On Behalf Of John Mbaku
Sent: Saturday, March 28, 2015 2:05 PM
To: usaafricadialogue@googlegroups.com
Subject: Re: USA Africa Dialogue Series - 4 reasons you should care about Nigeria¹s election
In fact, a lot of research has been conducted by anthropologists, economists, sociologists, and legal scholars in an effort to understand the divergence in compliance when it comes to customs and tradition on the one hand, and statutory and judge-made laws, on the other. The literature is quite extensive. One thing is clear: compliance rates are higher where people design their own laws, the laws reflect their interests, values, worldview, the specificities of their societies, and provide them with tools to organize their private lives and live together peacefully. In most formerly colonized societies, customary laws tend to meet the factors mentioned above, while post-colonial laws, given the opportunistic and reluctant nature of decolonization, as well as the exploitative nature of colonialism, do not--most, but not all, of Africa's "founding fathers," acted opportunistically and made no effort to engage the people in selecting their own laws and institutions. Look, for example, at the constitutions (and also the laws and institutions) of the former French colonies in sub-Saharan Africa, even after more 50 years of independence. Compare that to the Constitution of France of October 4, 1958. I actually did that (with special emphasis on Cameroon) in a paper that was published in the European Journal of Comparative Law and Governance, Vol. 1, No. 4 (2014): 357-391. If you are interested, see http://booksandjournals.brillonline.com/content/journals/10.1163/22134514-00104001?crawler=true&mimetype=application/pdf.
I would also suggest that you peruse through the following: Tom R. Tyler, Why People Obey the Law (Princeton, NJ: Princeton University Press, 2006).
I am not blaming the present development quagmire in Africa on colonialism, especially given the fact that many other former colonies, which gained independence in the 1950s and 1960s, have actually managed to deal quite effectively with poverty and deprivation and have managed to significantly increase the quality of life of their citizens. These countries have done so even though they are not blessed with large endowments of natural resources as are many countries in Africa.
The deciding factor has been the quality of laws and institutions in these countries. It is true that leadership has played a part. But quality leadership is only a necessary condition for the type of governance that can guarantee peaceful coexistence and advance economic growth and development. Sufficiency requires quality laws and institutions and the latter must be developed by the people themselves and should not be imposed by external actors or inherited from some pre-existing regime(s).
On Fri, Mar 27, 2015 at 8:01 PM, Anunoby, Ogugua <AnunobyO@lincolnu.edu> wrote:
I agree that Nigerians tend to be more faithfully to customs and traditions than they are to common and statutory laws- the so-called colonial master's law. The undercurrents of this divergence are complex but a plausible reasons for this divergence in compliance in my opinion, include enforcement and effectiveness. There is no escape for example, from the sanctions that follow violation of custom and tradition. The same is not true for common and statutory laws' violations. If only elected leaders and government officials will do their job- uphold and enforce common and statutory laws as fairly and diligently as custodians of customs and traditions do. The king you refer to in a Nigerian village could not operate outside the customs and traditions of his village and get away with it. The president of Nigeria may operate out the law. He practically chooses which laws apply to him. Obasanjo mostly did and got away with it.
Customs and traditions change as do common and statutory laws. The process of change for both sets of laws are not too dissimilar. The drivers of change almost all the time include experience, benefits, cost, and effectiveness. The process of change in most cases is more usually discursive than arbitrary. A major difference is that people expect and insist that customs and traditions work and do not, common and statutory laws.
So many years after independence, it I am at a loss as to why there are some people who continue to blame colonization for the weakness and ineffectiveness of:
(i) colonial era laws that they keep in their books and
(ii) post-colonial era laws they passed and refuse to enforce fairly and judiciously.
Mr. Obasanjo is a good example of the impertinence and recklessness of some of Nigeria's political leaders. One is not likely to find a leader as enduringly cantankerous, obstreperous, and obstructive as Obasanjo is, in a Nigerian village. Such a leader would have long been sorted out. Why is Obasanjo for example, allowed to continually rampage in the public political square? The ability to stop him is there. The will is not.
oa
From: usaafricadialogue@googlegroups.com [mailto:usaafricadialogue@googlegroups.com] On Behalf Of John Mbaku
Sent: Friday, March 27, 2015 2:54 PM
To: usaafricadialogue@googlegroups.com
Subject: Re: USA Africa Dialogue Series - 4 reasons you should care about Nigeria¹s election
Nigerians obey laws and respect institutions--these are called customs and traditions. I spent a significant amount of time in a Nigerian village (kingdom) in the east studying laws and institutions and was quite impressed by the fact that members of the kingdom voluntarily and willingly accepted and respected their laws and institutions. Most of these people did so, not because they were afraid of being caught and punished for failure to comply, but because they believed in these customs and traditions and saw how critical they were to the maintenance of peaceful coexistence and order in their society. These laws and institutions were designed by their ancestors and were not imposed by some external group. Perhaps, more important is the fact that the people who live in this village today have a say in how the kingdom is governed and have had the opportunity to amend several of their laws to meet the demands of modernity (e.g., divorce laws have been modified significantly)--the king actually told me that he simply could not do as he pleased because there existed within their system, modalities to legally remove him and his family from the palace if he evolved into a tyrant.
Where the majority of citizens voluntarily accept and respect their laws and institutions, the police and judiciary can easily deal with the few that do not.
Back to Nigeria: yes, there are laws and institutions in Nigeria. But most of them were hold-overs from the colonial period. And, we know that the colonialists did not bring with them laws and institutions that were designed to enhance peaceful coexistence and development in Nigeria or any other African colony. Perhaps, more important is the fact that today in Africa, including Nigeria, most citizens see their governments as alien impositions designed to oppress and exploit them; they do not see the government as an entity that belongs to them and one that is actually designed to protect them and enhance democratic living. Hence, corruption, especially that which involves embezzlement of public funds is not condemned as long as the embezzler is generous enough to share the loot with members of his extended family.
Hence, my advise and hope that the next government engage the people in the type of state reconstruction that would allow them to choose laws and institutions that reflect their values, customs and traditions, and world view. Such an exercise would enhance the ability of the people to voluntarily accept and respect their laws and institutions, as well as claim ownership of their government. This has been done successfully in other post-colonial societies. So, why not Nigeria? Yes, there are institutions and laws in Nigeria, but do they belong to Nigerians? Were they designed with all the Nigerian people in mind? Do these laws and institutions reflect the values and interests of the majority of Nigerians? Do they adequately constrain the State and its custodians? Do they promote peaceful coexistence of population groups? Do they provide effective tools for the people to organize their private lives? The answer to all these questions is a resounding "no". And there lies the problem!
On Fri, Mar 27, 2015 at 1:12 PM, Anunoby, Ogugua <AnunobyO@lincolnu.edu> wrote:
I will add that as important as laws are, the ability and will to implement them assiduously and fairly in a timely manner across the board, is at least as important. Ditto institutions. Laws however elegant they seems to be, are not much use until there is the resolve to implement them fairly, firmly, and promptly. Nigeria has books full of laws and a plethora of institutions. She is neither short of laws nor institutions that support the proper functioning of the state. What seems to be the case is that laws and institutions do not work as they should, because of the absence of will, high expectations, and in some cases capacity. One feels sometimes that laws and institutions were never intended to work.
I will argue also that there is seems to be no political consensus on what Nigeria as a country is about and what Nigerians should rightly and always expect of their country. There may never have been enough required amity in the development of national goals, structure in their implementation, and adequate faith in the equal citizenship of all Nigerians.
There are some who never tire of reminding us that Nigeria is an incongruous handiwork of a colonial power for its own purpose. This may be true but Nigeria does not have to remain so. The colonial power has been gone for a fair amount of time now. Every country was clobbered together by one or a few people over time. They recognized that their country will always be a work-in-progress. Successful founders develop national goals and objectives, rights and obligations of citizenship, and a blueprint for their advancement for the common good. They shared them with their people, and hoped that the people will remain faithful to them. They institutionalized public service as a duty of high calling. They implanted a national consciousness that causes citizens to be clear about, and continually accepting of the purpose of their country, her relevance and value to them and future generations, and citizens' role in the country's survival, development and growth as one corpus. It should not matter anymore whether or not Nigeria's founding parents did all the above. Nigeria's current and future generations, especially her leaders must now accept the challenges of proper nation building. They must determine what becomes of their country from now on.
The coming elections are another opportunity for Nigerian voters to grab their country's destiny in their own hands. They should wisely choose leaders who are up to the job of leading and will be faithfully accountable to them. What is not clear is whether the system will let them.
oa
-----Original Message-----
From: usaafricadialogue@googlegroups.com [mailto:usaafricadialogue@googlegroups.com] On Behalf Of Emeagwali, Gloria (History)
Sent: Friday, March 27, 2015 11:39 AM
To: usaafricadialogue@googlegroups.com
Subject: RE: USA Africa Dialogue Series - 4 reasons you should care about Nigeria¹s election
Agreed. I believe also that the greatest challenge is for the redistribution of wealth so that benefits in health care, generous access to clean water, jobs, education and resources would be enjoyed by a majority of the population. This in itself may undercut support for Boko Haram.
Nigeria is Africa's largest population. Ethiopia is second. These two countries must forge ahead in a meaningful developmental trajectory for the continent to blossom fully.
During my recent visit to Ethiopia, last week, I noted a great deal of focus on infrastructure development. I travelled throughout the north to Gondar, Lalibela, Bahir Dar and Axum and noted road and building construction throughout. I was still aggrieved at the vagrant children in Lalibela but recognized great improvement compared to my previous visits in 2010, 2012 & 2013. I noticed also that Ethiopians were at the forefront in the activities this time around. The Ethiopian government had clearly set new goals for China to follow - given earlier complaints against China's underemployment of Ethiopians.
There is an election coming up in May in Ethiopia. The impresssion I get is that most people seem to like the present government. Of course I could be wrong.
In the case of Nigeria, Boko Haram has complicated the issue of governance but the government has the capability to prevail. The government must focus on wealth distribution so that citizens will have access to basic needs and more, as earlier stated. Nigeria still has the resources to diversify its economy.
Either of the two Nigerian presidential candidates should aim to achieve this.
Professor Gloria Emeagwali
History Department
CCSU. New Britain. CT 06050
africahistory.net
vimeo.com/user5946750/videos
Gloria Emeagwali's Documentaries on
Africa and the African Diaspora
________________________________
From: usaafricadialogue@googlegroups.com [usaafricadialogue@googlegroups.com] On Behalf Of John Mbaku [jmbaku@weber.edu]
Sent: Friday, March 27, 2015 10:56 AM
To: usaafricadialogue@googlegroups.com
Cc: Yoruba Affairs
Subject: Re: USA Africa Dialogue Series - 4 reasons you should care about Nigeria¹s election
What is missing from this list, and I think it is the most important, is that Nigeria needs more effective laws and institutions to replace what, so far, has been a set of dysfunctional and anachronistic institutions that are not capable of effectively governing a modern, highly diversified, and dynamic state. The hope is that the next leader and government would recognize the country's present development quagmire and opt for process-driven state reconstruction to provide the necessary institutions. A "good" leader is necessary, but is not a sufficient condition for effective governance.
On Fri, Mar 27, 2015 at 8:12 AM, Toyin Falola <toyinfalola@austin.utexas.edu<mailto:toyinfalola@austin.utexas.edu>> wrote:
4 reasons you should care about Nigeria's election
http://www.washingtonpost.com/blogs/worldviews/wp/2015/03/27/why-nigerias-election-could-be-the-most-important-in-africa-this-year/?wpisrc=nl_headlines&wpmm=1
By Kevin Sieff<http://www.washingtonpost.com/people/kevin-sieff> March 27 at 3:30 AM <mailto:sieffk@washpost.com?subject=Reader%20feedback%20for%20%274%20reasons%20you%20should%20care%20about%20Nigeria%E2%80%99s%20election%27>
A man walks in front of posters of candidates of Nigeria's President Goodluck Jonathan's People's Democratic Party in Kano. (Reuters)
ABUJA, Nigeria — On Saturday, Africa's most populous and oil-rich country will go to the polls. The election looks to be the tightest in the 16 years since military rule ended in Nigeria – and it appears likely that the contest between President Goodluck Jonathan and former military dictator Muhammadu Buhari could devolve into violence.
Here are four reasons why the elections are critically important for the country and the region.
1. The results may affect the terrifying Boko Haram insurgency
Nigeria is in the middle of an unfinished counterinsurgency campaign against the Islamist extremists, who have become famous for their acts of brutality<http://www.cfr.org/nigeria/boko-haram/p25739>, including kidnapping schoolgirls and attacking churches, schools and the police and army. Now, the tide appears to be turning. Militants are on the run. Their territorial control in the country's northeast has dwindled, thanks largely to the cooperation of the armies of Chad and Niger, which have launched offensives after the rebels crossed into their territories. A fleet of private military contractors are also helping to fight Boko Haram.
But what will become of the anti-Boko Haram campaign after election day? Many here believe that President Jonathan will lose interest in the effort if he's elected, leaving the rebels to strengthen as they have in the past. If Buhari wins and redoubles focus on the fight, he will still have to transform a military with systemic flaws including poor training.
The next chapter of the Boko Haram fight will be the hardest. Now that militants have fled their former areas of control, they will have to be rooted out of their hideouts in and around the Sambisa Forest – a formidable task. It's much easier for Boko Haram to wage guerilla attacks from the forest than to occupy territory. That fight will go on for some time – and will be a massive charge for whomever is elected.
2. What happens in Nigeria, doesn't necessarily stay in Nigeria
What happens in Nigeria will resonate across the region. It is the largest economy on the continent, and an exporter of film and music to its neighbors. As President Obama said this past week<http://nigeria.usembassy.gov/pr_03232015.html>, Nigerians "won your independence, emerged from military rule, and strengthened democratic institutions."
If Nigeria's elections devolve into violence or result in deep political division, the financial engine of West Africa will slow. The continent's biggest oil-producer will be disrupted. Neighboring countries, whose own economies are linked to Nigeria's through imports and exports, will suffer. And political uncertainty will no doubt creep across borders.
3. The elections could provoke violence. Lots of it.
There's a good chance that things will not go well. After Nigeria's 2011 election, nearly 1,000 people were killed in three days of rioting. Supporters of Buhari, who also ran that year, were accused of carrying out protests which "degenerated into violent riots or sectarian killings," according to Human Rights Watch<http://www.hrw.org/news/2011/05/16/nigeria-post-election-violence-killed-800>.
Flaws in the electoral process fueled allegations that the elections were illegitimate. According to International Crisis Group<http://www.crisisgroup.org/en/regions/africa/west-africa/nigeria/B81%20Lessons%20from%20Nigerias%202011%20Elections.aspx>, the polls were "riddled with malpractices, logistical deficiencies and procedural inconsistencies."
This time, those same challenges exist, but the contest appears to be far closer – what many consider a recipe for postelection violence. Already, Buhari's party has said that if Jonathan is declared the victor, it will set up a "parallel government." There will almost definitely be legal challenges, no matter the result. Many Nigerians are already arguing that millions have been disenfranchised by the ongoing fighting, which has left them displaced and without voting credentials.
In Nigeria's history, an incumbent has never lost a presidential election.
The ethno-religious regional divide in Nigeria is already pronounced between the mostly Muslim north (and its Buhari supporters) and the Christian south (and its Jonathan suporters). Disputed elections could worsen that tension, playing on the idea that the next president will marginalize the area outside of his power base.
4. Nigeria badly needs a good leader.
The next president of Nigeria faces a series of enormous challenges, even beyond Boko Haram. Oil production, which accounts for 70 percent of Nigeria's economy, is no longer as profitable as it once was. The wealth that has been generated here has not been shared – rather it has been concentrated in the oil-rich south, from which Jonathan hails.
Nigerians are outspoken about the failings of the country's corrupt public institutions. Billions in oil revenue, for example, have disappeared. The wealthy fly private jets while the bulk of Nigerians continue to struggle financially. Security forces are theoretically allocated billions, but somehow are poorly outfitted.
Now, Nigerians will choose between a former dictator who is remembered for detaining his opponents (Buhari) and the incumbent (Jonathan) who many see as responsible for the country's most recent failings. It's a choice that could be bitterly divisive.
Kevin Sieff has been The Post's bureau chief in Nairobi since 2014. He served previously as the bureau chief in Kabul and had covered the U.S. -Mexico border.
--
Listserv moderated by Toyin Falola, University of Texas at Austin To post to this group, send an email to USAAfricaDialogue@googlegroups.com<mailto:USAAfricaDialogue@googlegroups.com>
To subscribe to this group, send an email to USAAfricaDialogue+subscribe@googlegroups.com<mailto:USAAfricaDialogue%2Bsubscribe@googlegroups.com>
Current archives at http://groups.google.com/group/USAAfricaDialogue
Early archives at http://www.utexas.edu/conferences/africa/ads/index.html
---
You received this message because you are subscribed to the Google Groups "USA Africa Dialogue Series" group.
To unsubscribe from this group and stop receiving emails from it, send an email to usaafricadialogue+unsubscribe@googlegroups.com<mailto:usaafricadialogue+unsubscribe@googlegroups.com>.
For more options, visit https://groups.google.com/d/optout.
--
JOHN MUKUM MBAKU, ESQ.
J.D. (Law), Ph.D. (Economics)
Graduate Certificate in Environmental and Natural Resources Law Nonresident Senior Fellow, The Brookings Institution Attorney & Counselor at Law (Licensed in Utah) Brady Presidential Distinguished Professor of Economics & Willard L. Eccles Professor of Economics and John S. Hinckley Fellow Department of Economics Weber State University
1337 Edvalson Street, Dept. 3807
Ogden, UT 84408-3807, USA
(801) 626-7442 Phone
(801) 626-7423 Fax
--
Listserv moderated by Toyin Falola, University of Texas at Austin To post to this group, send an email to USAAfricaDialogue@googlegroups.com
To subscribe to this group, send an email to USAAfricaDialogue+subscribe@googlegroups.com
Current archives at http://groups.google.com/group/USAAfricaDialogue
Early archives at http://www.utexas.edu/conferences/africa/ads/index.html
---
You received this message because you are subscribed to the Google Groups "USA Africa Dialogue Series" group.
To unsubscribe from this group and stop receiving emails from it, send an email to usaafricadialogue+unsubscribe@googlegroups.com<mailto:usaafricadialogue+unsubscribe@googlegroups.com>.
For more options, visit https://groups.google.com/d/optout.
--
Listserv moderated by Toyin Falola, University of Texas at Austin To post to this group, send an email to USAAfricaDialogue@googlegroups.com
To subscribe to this group, send an email to USAAfricaDialogue+subscribe@googlegroups.com
Current archives at http://groups.google.com/group/USAAfricaDialogue
Early archives at http://www.utexas.edu/conferences/africa/ads/index.html
---
You received this message because you are subscribed to the Google Groups "USA Africa Dialogue Series" group.
To unsubscribe from this group and stop receiving emails from it, send an email to usaafricadialogue+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
--
Listserv moderated by Toyin Falola, University of Texas at Austin
To post to this group, send an email to USAAfricaDialogue@googlegroups.com
To subscribe to this group, send an email to USAAfricaDialogue+subscribe@googlegroups.com
Current archives at http://groups.google.com/group/USAAfricaDialogue
Early archives at http://www.utexas.edu/conferences/africa/ads/index.html
---
You received this message because you are subscribed to the Google Groups "USA Africa Dialogue Series" group.
To unsubscribe from this group and stop receiving emails from it, send an email to usaafricadialogue+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
--
JOHN MUKUM MBAKU, ESQ.
J.D. (Law), Ph.D. (Economics)
Graduate Certificate in Environmental and Natural Resources Law
Nonresident Senior Fellow, The Brookings Institution
Attorney & Counselor at Law (Licensed in Utah)
Brady Presidential Distinguished Professor of Economics & Willard L. Eccles Professor of Economics and John S. Hinckley Fellow
Department of Economics
Weber State University
1337 Edvalson Street, Dept. 3807
Ogden, UT 84408-3807, USA
(801) 626-7442 Phone
(801) 626-7423 Fax
--
Listserv moderated by Toyin Falola, University of Texas at Austin
To post to this group, send an email to USAAfricaDialogue@googlegroups.com
To subscribe to this group, send an email to USAAfricaDialogue+subscribe@googlegroups.com
Current archives at http://groups.google.com/group/USAAfricaDialogue
Early archives at http://www.utexas.edu/conferences/africa/ads/index.html
---
You received this message because you are subscribed to the Google Groups "USA Africa Dialogue Series" group.
To unsubscribe from this group and stop receiving emails from it, send an email to usaafricadialogue+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
--
Listserv moderated by Toyin Falola, University of Texas at Austin
To post to this group, send an email to USAAfricaDialogue@googlegroups.com
To subscribe to this group, send an email to USAAfricaDialogue+subscribe@googlegroups.com
Current archives at http://groups.google.com/group/USAAfricaDialogue
Early archives at http://www.utexas.edu/conferences/africa/ads/index.html
---
You received this message because you are subscribed to the Google Groups "USA Africa Dialogue Series" group.
To unsubscribe from this group and stop receiving emails from it, send an email to usaafricadialogue+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
--
JOHN MUKUM MBAKU, ESQ.
J.D. (Law), Ph.D. (Economics)
Graduate Certificate in Environmental and Natural Resources Law
Nonresident Senior Fellow, The Brookings Institution
Attorney & Counselor at Law (Licensed in Utah)
Brady Presidential Distinguished Professor of Economics & Willard L. Eccles Professor of Economics and John S. Hinckley Fellow
Department of Economics
Weber State University
1337 Edvalson Street, Dept. 3807
Ogden, UT 84408-3807, USA
(801) 626-7442 Phone
(801) 626-7423 Fax
--
Listserv moderated by Toyin Falola, University of Texas at Austin
To post to this group, send an email to USAAfricaDialogue@googlegroups.com
To subscribe to this group, send an email to USAAfricaDialogue+subscribe@googlegroups.com
Current archives at http://groups.google.com/group/USAAfricaDialogue
Early archives at http://www.utexas.edu/conferences/africa/ads/index.html
---
You received this message because you are subscribed to the Google Groups "USA Africa Dialogue Series" group.
To unsubscribe from this group and stop receiving emails from it, send an email to usaafricadialogue+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
No comments:
Post a Comment