AN APPRAISAL OF ECOWAS SUPPLEMENTARY PROTOCOL ON DEMOCRACY

AND GOOD GOVERNANCE: A CASE STUDY OF NIGERIA

BY

NUHU Amina Bamalli

P17LAPU8091

BEING AN M A PROPOSAL SUBMITTED TO THE DEPARTMENT OF PUBLIC LAW

AHMADU BELLO UNIVERSITY ZARIA IN PARTIAL FULFILMENT OF THE
REQUIREMENTS OF THE AWARD OF MASTER OF LAWS DEGREE- M A

MAY 2019
1.1 Background to the Study

The term democracy like most concepts in social sciences lacks a precise single definition

rather; it is generally a matter of intellectual supposition1. There are various meanings,

opinions, perceptions and definitions of the term by scholars and philosopher. It has been

defined a system of government based on the acquisition of authority from the people; the

institutionalization of the rule of law; the emphasis on the legitimacy of rules; the availability

of choices and cherished values including freedom and accountability in governance2. The

concept of good governance just like democracy, defies a precise single definition that

commands universal acceptability. This has given rise to different meanings of the concept.

The World Bank3 provided a simple definition of good governance and an extensive detailed

analysis of its major components. Here the Bank contends that governance consists in the

exercise of authority in the name of the people while good governance is doing so in ways

that respect the integrity and needs of everyone within the state. Good governance, according

to this conception, is said to rest on two important core values, namely: inclusiveness and

accountability4.

One of the biggest social and political challenges of the states in West Africa is that of

democracy and good governance. Lack of good governance had its debilitating consequences

1
Odo, L. U. (2015) Democracy and Good Governance in Nigeria: Challenges and Prospects, Global Journal of
Human-Social Science: Political Science, Global Journals Inc, USA, vol. 15, p. 2
2
ibid
3
World Bank (2003), Better Governance for Development in the Middle East and North Africa,
Washington DC, USA, World Bank.
4
Odo, L. U. op.cit, p. 3
 in post-colonial states of West Africa5. Most states in this sub-region had a taste of military

dictatorship at one point in time or the other. In addition, illiteracy, unaccountability and

corruption by the public servants bedeviled most states with the sub-region. Majority of the

post-cold war conflicts and crises in this sub-region are attributed to the absence of good

governance6.

ECOWAS as an organization was created initially formed to promote economic cooperation

and integration in West Africa. However, beginning from 1900, it assumed a more political

role following the wave of political reforms and the growing number of protracted domestic

violent conflicts in the region. Consequently, ECOWAS revised its treaty in 1993 and

introduced new changes both with regards to its objectives and in its institutional

arrangement. It also created additional legal frameworks for the promotion and consolidation

of a democratic system of governance in each Member State7 such as the Protocol on the

Mechanism for Conflict Prevention and the Protocol on Democracy and Good Governance

which formally enshrined the commitment of the organization to promote democracy and

good governance.

1.2 Statement of the Research Problem

It is trite that sanction is a one of the most important feature of any law which makes such a

law to be obeyed. Any law that has no sanction or weak sanction can therefore be said to

ineffective. This is the case with the Protocol on Democracy and Good Governance. The

5
Sambo, A. M., et.al. (2017) ECOWAS, Good Governance and Collective Military Action in Liberia: A Post
Conflict Assessment, International Journal of Humanities and Social Science, Malaysia, vol. 22, p. 82
6
ibid
7
Agad F. and Miyandazi, L. (2017) Understanding ECOWAS Efforts in Promoting a Governance Agenda: Adapting
Regional Norms to Lessons from National Crises, European Centre for Development Policy Management, UK, p. 4
progress towards fostering constitutional convergence which is the main objective of the

protocol faces challenges, particularly due to a lack of enforcement. In order to encourage

member states to support the norms enunciated in the Protocol, Article 45 reaffirms the

region’s commitment to using sanctions defined in the ECOWAS Revised Treaty. However,

as noted by the ECOWAS secretariat, the sanctions regime remains weak due to the fact that

not all countries have ratified key legal instruments. For example Nigeria being a leading

force within the ECOWAS sub-region is yet to ratify the Protocol on democracy and good

governance. A problem also exists on the real meaning and import of the two key terms of

the protocol, i. e democracy and good governance. In addition, some writers have argued that

there is lack of relationship between democracy and good governance as the former may not

necessarily translate to the eventual realization of the latter in the real sense of the word.

1.2.1 Research Questions

The following are the questions this research intends to answer;

I. What is the meaning, nature and import of the concept of democracy and good

governance?

II. What are the major provisions of the ECOWAS Protocol on Democracy and Good

Governance and how effective are they?

III. What are the factors that have hindered the implementation of the protocol in

Nigeria?

IV. What are the steps that need to be taken to ensure the implementation of the protocol

and the realization of democracy and good governance in Nigeria?

1.3 Aim and Objectives of the Research

The aim of this research is to ensure that the problems and challenges militating against the

enjoyment of the dividend of democracy and good governance in Nigeria are surmounted. The

objectives of the research are as follows;

I. To examine the meaning, nature and import of the concept of democracy and good

governance

II. To appraise the major provisions of the ECOWAS Protocol on Democracy and Good

Governance and evaluate their strength and weaknesses

III. To determine the factors that have hindered the implementation of the protocol in Nigeria

IV. To establish the steps that needs to be taken to ensure the implementation of the protocol

and the realization of democracy and good governance in Nigeria.

1.4 Justification

The quest for democracy and good governance has been a major pre-occupation of many

West African Countries. The reason for this is that Democracy and good governance are the

most successful political ideas of the 21st century. Democracy lets people speak their minds

and shape their own and their children’s future. From the foregoing, it is therefore imperative

to study the protocol that is adopted by ECOWAS to ensure constitutional democracy and

good governance among in member states. It is necessary to examine the effectiveness or

otherwise of this important legal instrument as well as the reason of its non implementation

by most ECOWAS countries especially Nigeria. This work is also justified for its relevance

to legal academics, legal practitioners, ECOWAS, national governments within the West

African sub-region, students and other stakeholders.

1.5 Methodology of the Research

This research will rely mainly on the doctrinal method of research which is basically a

theoretical or conceptual method of research carried out in the library. Consequently this

work will place reliance on International legal instruments in the forms of Conventions,

Treaties, Protocols and Statutes, case laws, text books, articles in journals, conference and

seminar papers as well as internet materials.

1.6 Scope of the Research

This research is written in the area of Public International Law. It deals specifically with the

study of the ECOWAS protocol on democracy and good governance. It covers discussions on

the evolution of and operation of ECOWAS as a sub-regional organization. In terms of

territorial scope, the work covers the West African sub-region generally and Nigeria in

particular. It examines the factors that have hindered the implementation of the protocol in

Nigeria in order to help in understanding why despite the importance of the protocol, many

ECOWAS member states have not implemented it.

1.7 Literature Review

The struggle of ECOWAS to entrench democracy and promote good governance among its

members has provoked much writings. However most the available literatures cover one

aspect of the subject or another. This work intends to fully discuss the subject paying
 attention to all the aspect of the topic. The following are the works that the writer considers

relevant to this research.

Odo8 examined the challenges and prospects democracy and good governance in Nigeria. He

noted that the quest for democracy and good governance has been a major pre-occupation of

the Nigerian state since her independence in 1960. This aspiration, he further noted has

remained elusive due to many challenges, which have continued to undermine the

democratization process in the country. These challenges include failure of leadership;

corruption; insincerity of purpose; lack of political will; lack of proper vision by the political

leadership; lack of accountability in governance amongst others. He therefore suggested that

there should be deliberate government policies to strengthen democratic institutions like

political parties, the National Assembly, the Judiciary, the Independent National Electoral

Commission (INEC), Civil Society and anti-graft agencies such as the Economic and

Financial Crimes Commission (EFCC) and in addition these institutions must be allowed to

operate freely and effectively to ensure the growth and sustenance of democracy and good

governance.

Yaya9 wrote on ECOWAS and the promotion of democratic governance in West Africa in

which he reviewed the role of Economic Community of West African States (ECOWAS) in

promoting democratic governance in West Africa. He noted that despite the efforts by

ECOWAS to enthrone democratic governance, West Africa is still threatened with

democratic recession or reversals of democratic gains which is evident in the recent crises

that occupy the Organization, which include general political instability and recurrence of

8
Odo, L. U. (2015) Democracy and Good Governance in Nigeria: Challenges and Prospects, Global Journal of
Human-Social Science: Political Science, Global Journals Inc, USA, vol. 15
9
Yaya, B. H. (2014) ECOWAS and the Promotion of Democratic Governance in West Africa, ECOWAS and the
Promotion of Democratic Governance in West Africa, USA vol. 2
 coup d’état in Guinea-Bissau and Mali and temptations to flout constitutionalism, as was the

case in Senegal with former President Wade. He argues that the failure to fully deploy the

preventive aspects of the ECOWAS frameworks for political stability, good governance and

democracy partly explains the above situations in addition to weak powers and inefficiency

in the Organization’s supranational institutions, namely the ECOWAS Court, the Parliament

and the Commission which further undermines the performance of the ECOWAS in

promoting democratic governance in West Africa.

He explained that the provisions are aimed at forestalling any decisions or actions on the part

of governments or any of their institutions to manipulate or undermine democratic processes

in addition to undertakings and consensus regarding democratic governance which was also

provided in the supplementary protocol. These also include agreement on the recognition and

promotion of rule of law in the member states, institutional capacity building for human

rights protection, pluralism in the information sector, fighting corruption, and transparent,

equitable management and distribution of resources. He concludes that though ECOWAS has

played a significant role in the enthronement of democracy and democratic governance in

West Africa through the institutionalization of democratic norms, principles and practices,

the organization still has a lot to do in terms of addressing lack of internal cohesion and inter-

institutional collaboration between the institutions in order to ensure efficiency in

implementing and enforcing regionally agreed policies, rules and norms.

Gwaza10 wrote on prioritizing democracy and peace building in ECOWAS future

engagements. He describes the Supplementary Protocol on Democracy and Good

Governance, 2001as a mechanism for the achievement of sub-regional peace and security

10
Gwaza, P. A (2016) Prioritizing Democracy And Peacebuilding In ECOWAS Future Engagements, International
Journal of Politics and Good Governance, Abuja, vol. 7
 through development of democracy, good governance and rule of law. He explains that the

protocol covers wide range of issues that include, constitutional convergence principles that

seeks to introduce uniformity in the constitutions of member states of ECOWAS. It also

covers separation of powers; the empowerment and strengthening of Parliaments, the

guarantee of their immunity and the independence of the judiciary. He further explained that

the Protocol also covers issues such as, the recognition that every accession to power must be

made through free, fair and transparent elections; zero tolerance for power obtained through

the use of force or military coup or remaining in power through undemocratic means; the call

for popular participation in decision making, strict adherence to democratic principles and

decentralization of power at all levels of governance; the neutrality of the state in religious

matters, non-discrimination, freedom of the press, freedom to form political parties, freedom

of the opposition. He concludes that though ECOWAS has come of age not only in the

promotion of regional cooperation, economic development and growth, but also in the

promotion and consolidation of democracy, peace and security, he insists that ECOWAS

should prioritize democracy and peace building by designing an effective mechanism for

mainstreaming democracy in peace building and vice versa.

Christof11 examined the efforts of ECOWAS in the restoration of democracy in the Gambia.

He traced the historical antecedents of the constitutional crisis in Gambia and explained the

threat and use of violence as an instrument of democracy restoration in West Africa. He

further explained that The 2001 Protocol on Democracy and Good Governance defines 12

constitutional principles “shared by all member States among which is zero tolerance for

power obtained by unconstitutional means. The protocol also explicitly empowered

11
Christof, H. (2017) ECOWAS and the Restoration of Democracy in the Gambia, Africa Spectrum and German
Institute of Global and Area Studies, Hamburg, vol. 58
 ECOWAS to implement sanctions in the event that democracy is abruptly brought to an end

by any means which ranges from suspension of decision-making rights within ECOWAS to

any other intervention deemed appropriate by the Mediation and Security Council and the

Authority of Heads of State and Government. He commended the effort of ECOWAS and

referred to it as an African solution to an African problem.

Weiss12 examine conceptual and actual challenges to governance, good governance and

global governance. He examined the meaning of governance and good governance as well as

the historical background of the two terms. He argues that Good governance is definitely on

the international agenda but recent experience with good governance has led to criticism

from the UN system, which seeks to balance assessments about costs and benefits as well as

confront the political and economic conditionality viewed by many recipient countries as

unwelcome intrusions. He observes that in light of its universality and scope, the UN will

have a special role, albeit not a monopoly, on future leadership for global governance. He

suggested that we should think creatively about ways to pool the collective strengths and

avoid the collective weaknesses of governments, intergovernmental organizations, NGOs and

global civil society.

Aggad and Miyazandi13 wrote on understanding ECOWAS efforts in promoting a

governance agenda. They discussed issues such as assessing the political traction of

ECOWAS in the area of governance, institutional forms in the area of governance, the

ECOWAS governance agenda and implementing the governance agenda. They explained

that The ECOWAS executive, legislative, and judicial branches are all expected to support

12
Weiss, T. G. (2000) Governance, Good Governance and Global Governance: Conceptual and Actual Challenges,
Third World Quarterly, New York, vol. 21, no. 5
13
Agad F. and Miyandazi, L. (2017) Understanding ECOWAS Efforts in Promoting a Governance Agenda: Adapting
Regional Norms to Lessons from National Crises, European Centre for Development Policy Management, UK
 the monitoring and implementation of its governance norms and standards but the main

mandate to promote governance standards and monitor implementation lies with the

Directorate of Political Affairs, Peace and Security which is under the ECOWAS executive

branch, headed by the ECOWAS President and Executive Secretariat.

They asserted that aside from linking governance to peace and security, the Protocol was an

important step is outlining what common values should be upheld in the region. It was thus

the first legal document that prescribed governance standards in an explicit way, and does so

in all relevant governance dimensions and in effect, the Protocol set out a democratic

governance framework to support West Africa’s economic and social development. They

further asserted that the Protocol incorporates the concept of “constitutional convergence”

with the objective to encourage member states to adopt universal norms on democratic

governance into their constitutions, therefore harmonizing country constitutions to reflect

common values. They submitted that the record of ECOWAS shows that the region is willing

to enforce governance standards if linked to peace and security concerns of neighboring

states and regional hegemons.

Kane14 wrote on the implementation of the African Charter on Democracy, Elections and

Governance. He explains that compared to the African Charter on Human and People’s

Rights (the African Charter), which one can consider to be the founding document of the

current system for the promotion and protection of individual rights on the continent, the

Charter on Democracy does not change the obligations of African states with regard to the

rights of the individual. It repeats certain undertakings to which the states already subscribed

to and attempts to deepen and specify the contents and range of others.

14
Kane, I. (2008) The implementation of the African Charter on Democracy, Elections and Governance, African
Security Review, London, vol. 17
 He observed that on the obstacles to the application of the Charter on Democracy, the

application of such a delicate treaty, particularly in the light of its incompleteness, the

vagueness of the terms used by the authors, the ineffectiveness of the organizations tasked

with monitoring its implementation, and particularly the fragility and hostility of the current

political, economic, social and cultural environment of the continent, can only lead to

difficulties for which African leaders, if they wish for the values promoted in the Charter on

Democracy to take root in Africa, must find pragmatic solutions. He therefore suggested that

African Union will always, with their respective actions, manage to make the collective will

of African states prevail to work towards the improvement and consolidation of democracy

in the continent.

Gilbert and Allen15attempted to find the missing link in Nigeria in terms of democracy and

good governance. They identified the following as the bane of democracy and good

governance in Nigeria; rigging of elections, lack of effective participation of citizens in the

political process, poor management of elections, culture of impunity, political violence,

guided nature of democracy, lack of independent election management institutions, lack of

neutrality of external and internal monitors, insecurity – terrorism, ineffectiveness of the

Nigerian Police Force, weakness of political parties, lack of credible opposition to challenge

incumbent political party, corruption and lack of accountability and overbearing influence of

the executive over other organs of government. They suggested the institutionalization of the

crusade against corruption as the basis of ensuring good governance only if the anti-

corruption institutions will themselves be subject to democratic governance and the oversight

powers of responsible civil society.

15
Gilbert, L. and Allen, F. (2014) Democracy and Good Governance: The Missing Link in Nigeria, Mediterranean
Journal of Social Sciences, Rome, vol. 5
 Leke16 wrote on democracy and governance in Nigeria’s fourth republic. He asserted that the

symbiotic relationship between democracy and good governance is globally acclaimed which

is borne out of the belief that democracy premised on the principle of the rule of law and

constitutionalism is capable of ushering in good governance and societal development. It is

equally believed, he further asserted that democracy conforms to the principle of justice,

equity and fair-play as a democratic state is based on consent and popular participation. He

argued that governance in the Nigerian Fourth Republic is symptomatic of corruption,

civilian authoritarianism and economic and infrastructural decay among others. He opined

that for Nigeria to overcome its myriad of problems, it must develop human resources and

improve the welfare of the people. In addition, there should be free and fair elections to elect

leaders into public offices, the judiciary must be independent and impartial, all levels of

government should take security of lives and property seriously.

Bamidele and Ayodele17 examined democratic governance in the light of the African Union

normative framework on Unconstitutional Change of Government and ECOWAS Protocol

on Good Governance and Democracy in the Post-Arab Spring. They stated that answer as to

why the AU Framework and ECOWAS Protocol have not successfully served as deterrents

to undemocratic or unconstitutional changes of government even in the post-Arab Spring era

could be located in the responses that greeted past and present forms of unconstitutional

changes of government in both the continental and regional bodies or in the inconsistency in

the reactions as well as with regard to the neglect of root causes and a general focus on

reactive as opposed to preventive strategies. They concluded that ECOWAS responses even

16
Leke, O. (2010) Democracy and Governance in Nigeria’s Fourth Republic, African Research Review: An
International Multi-Disciplinary Journal, Ethiopia, vol. 4
17
Bamidele, O. and Ayodele, B. (2016)In the Service of Democratic Governance: The African Union Normative
Framework on Unconstitutional Change of Government and ECOWAS Protocol on Good Governance and
Democracy in the Post-Arab Spring, Journal of Asian and African Studies, vol. 1
 before the Arab Spring have been commendable in terms of potency of condemnation by the

body and the capacity to deploy force and sanctions as elements of greater commitment to

democracy.

1.8 Organizational Layout

This work is divided into five chapters and the content of each chapter is stated below

Chapter one is the introductory chapter which contains the background to the study,

statement of research problem, aim and objectives, justification, methodology of the

research, scope, literature review and organizational layout.

Chapter two is the conceptual discourse which examines the meaning of the concept of

democracy, historical development of the concept democracy, meaning of the concept of

good governance, historical development of the concept good governance, the relationship

between democracy and good governance, the evolution, structure and mandate of ECOWAS

Chapter three discusses legal and institutional frameworks of ECOWAS on democracy and

good governance and examines antecedents of ECOWAS protocol on democracy and good

governance, specific provisions of the protocol on democracy and good governance which

are, constitutional convergence principles, elections, election monitoring and ECOWAS

assistance, the role of the armed forces, the police and the security forces in a democracy,

poverty alleviation and promotion of social dialogue, education, culture and religion, rule of

law, human rights and good governance, modalities for implementation and sanction,

institutional frameworks on democracy and good governance in ECOWAS, authority of

heads of state and government, the council of ministers, directorate of political affairs,

directorate of peacekeeping and security, the early warning and observation and monitoring

centre and the mediation facilitation directorate.

Chapter four examines democracy and good governance in Nigeria. It discussed ,history of

democracy and good governance in Nigeria, factors militating against democracy and good

governance in Nigeria, rigging of elections, lack of effective participation of citizens in the

political process, corruption, weak and ineffective institutions, ineffectiveness of the police

force, insecurity, ways to strengthen democracy and good governance in Nigeria

Chapter five is the concluding part which focuses on summary, findings and

recommendations.
 CHAPTERIZATION

CHAPTER ONE: GENERAL INTRODUCTION

1.1 Background to the Study
1.2 Statement of Research Problem
1.3 Aim and Objectives
1.4 Justification
1.5 Methodology of the Research
1.6 Scope
1.7 Literature Review
1.8 Organization

CHAPTER TWO: CONCEPTUAL DISCOURSE

2.1 Introduction
2.2 Meaning of the Concept of Democracy
2.3 Historical Development of the Concept Democracy
2.4 Meaning of the Concept of Good Governance
2.5 Historical Development of the Concept Good Government
2.6 The Relationship between Democracy and Good Governance
2.7 The Evolution, Structure and Mandate of ECOWAS

CHAPTER THREE: LEGAL AND INSTITUTIONAL FRAMEWORK OF ECOWAS ON

DEMOCRACY AND GOOD GOVERNANCE

3.1 Introduction
3.2 Antecedents of ECOWAS Protocol on Democracy and Good Governance
3.3 Specific Provisions of the Protocol on Democracy and Good Governance
3.3.1 Constitutional Convergence Principles
3.3.2 Elections
3.3.3 Election Monitoring and ECOWAS Assistance
3.3.4 The Role of the Armed Forces, the Police and the Security Forces in a Democracy
3.3.5 Poverty Alleviation and Promotion of Social Dialogue
3.3.6 Education, Culture and Religion
3.3.7 Rule of Law, Human Rights and Good Governance
3.3.8 Modalities for Implementation and Sanction
3.4 Institutional Frameworks on Democracy and Good Governance in ECOWAS
3.4.1 Authority of Heads of State and Government
3.4.2 The Council of Ministers
3.4.3 Directorate of Political Affairs
3.4.4 Directorate of Peacekeeping and Security
3.4.5 The Early Warning and Observation and Monitoring Centre
3.4.6 The Mediation Facilitation Directorate.

CHAPTER FOUR: DEMOCRACY AND GOOD GOVERNANCE IN NIGERIA

4.1 Introduction
4.2 History of Democracy and Good Governance in Nigeria
4.3 Factors Militating against Democracy and Good Governance in Nigeria
4.3.1 Rigging of Elections
4.3.2 Lack of Effective Participation of Citizens in the Political Process
4.3.3 Corruption
4.3.4 Weak and Ineffective Institutions
4.3.5 Ineffectiveness of the Police Force
4.3.6 Insecurity

4.4 Ways to Strengthen Democracy and Good Governance in Nigeria

CHAPTER FIVE: CONCLUSION

5.1 Summary
5.2 Findings
5.3 Recommendations
5.4 Conclusion