Being a  paper presented by Dr Chibuzor Chile Nwabueze of the Ignations Ajuru University of Education  at the 2011 annual Men’s Christian Association Conference held at St Silas Anglican Church, auditoruim, Eneka, Port Harcourt.

As a starting point, I consider it appropriate to discuss the concept of good governance against the backdrop of its challenges. This is informed by two reasons, namely: the need to put the topic in its right perspective as it will provide a background to our general discuss; and secondly, the need for governments and rulers to shift attention from violation of the dignity and rights of the citizen as a human being to the human security in development planning.

In doing this, we would be able to arrive at a sustainable human security framework for the Nigerian Society. This is more so, since for a very long time most states and governments, have failed to protect her people and ensure that  they have both “freedom from want”  and “freedom from fear.” The Nigerian state is manifestly failing to protect her citizens from want and fear; hence she has lost the moral authority to compel their obedience or collaboration in all areas of national life.

As a student of Security studies, one was taught that the essential features of a state include: a definite territory; population; government, and sovereignty. The government is viewed as an agency or machinery through which the will of the state is formulated, expressed and realized. Against this background, the World Bank defined governance as the traditions and the institutions by which authority in a country is exercised.

This includes the process by which governments are selected, monitored or replaced; the capacity of the government to effectively formulate and implement sound policies; and the respect of citizens and the state for the institutions that govern economic and social communications among them.

For our purposes, we are concerned here with that form of governance which serves the citizens by safe guarding territorial integrity of the state and security human security, rule of law and not rule by law, and the delivery of services ranging from qualitative / affordable education, health-focused on primary, community-centered health services to sustainable livelihood and food security.

It is therefore appropriate to define good governance as the exercise of political power to develop human capital and guarantee sustainable human security. Thus an efficient, effective and democratic government is the best guarantor of social justice as well as an orderly and peaceful society.

Credible leadership therefore, is the inalienable attribute of good governance, that has the singular responsibility to creating an enabling environment where development programmes get properly implemented and that creative minds do not get stifled or their energies diverted from undertaking new initiatives or enterprises.

The principal response of the state, therefore, would be to facilitate, to enable, and to coordinate.

The proponents of good governance have argued that good governance helps to create an environment in which sustained economic growth becomes achievable. Conditions of good governance allow citizens to maximize their returns on investment. Good governance does not occur by chance. It must be demanded by citizens and nourished explicitly and consciously by the nation state. It is, therefore, necessary that the citizens are allowed to participate freely, openly and fully in the political process.

The citizens must have the right to compete for office, form political party and enjoy fundamental rights and civil liberty. Good governance is accordingly associated with credible political leadership, enlightened policy-making and a civil service imbued with a professional ethos. The presence of a strong civil society including a free press and independent judiciary are preconditions for good governance.

What is good governance in the Nigerian context? The central challenge before good governance relates to social  development. Good governance must aim at expansion of social opportunities, ending of poverty and ignorance and disease and inequality of opportunities. Indeed, good governance, as I perceive it, means securing justice, empowerment, employment and efficient delivery of services.

Securing Justice: There are several inter-related aspects of securing justice including security of life and property, access to justice, and rule of law. Threats of Public Peace: The most important public good is the supply of security especially security of life and property. The responsibility of the Nigerian nation state to protect the life and property of every citizen is being threatened particularly in areas affected by terrorism, insurgency and social violence. The Nigerian nation-state is aware of complexities of the situation and the need is to show greater determination and relentless in support to its instruments of law and forces of democracy and social cohesion to defeat the elements of terror, insurgency and social violence.

Access to Justice: Access to justice is based upon the basic principle that people should be able to rely upon the correct application of law. In actual practice there are several countervailing factors. Some citizens do not know their rights and cannot afford legal aid to advocate on their behalf. A related aspect is fairness of access as some people involved in the legal proceedings and large numbers of criminal prosecutions are  not voluntary participants. The most severe challenge relates to complexity of adjudication as legal proceedings are lengthy and costly and the judiciary lacks personnel and logistics to deal with these matters.

Rule of law: The concept of good governance is undoubtedly linked with the citizens’ right of life, liberty and pursuit of happiness. This could be secured in a democracy only through the rule of law. The rule of law is expressed through the axiom that no one is above the law. One has to clearly understand that the rule of law is different from the rule ‘by’ law. Under the rule ‘by law, law is an instrument of the government and the government is above the law while under the rule ‘of’ law no one is above the law not even the government. It is under this framework that rule of law not only guarantees the liberty of the citizens but it also limits the arbitrariness of the government and thereby it makes government more articulate in decision-making.

The rule of law as Dicey postulated is equality before law. This is secured through formal and procedural justice which makes independent judiciary a very vital instrument of governance. It is widely appreciated that human factors i.e. the quality of political leadership, the executive and judicial officials play important roles not only in upholding supremacy of rule of law and in efficient delivery of service but also in shaping traditions, customs and institutional cultures that are integral part of the liberal democratic machinery.

In our constitutional system, every person is entitled to equality before law and equal protection under the law. No person can be deprived of his life or personal liberty except according to the procedure established by law. Thus the state is bound to protect the life and liberty of every human being. That human rights violations continue to take place in several parts of Nigeria suggests that the architecture of peace and security in the country still rests on shaky plat forms.

To be continued