The Application of John Locke Social Contract Theory to the Practice of Democracy in Nigeria from 1999 to 2015
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View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Repository@USM THE APPLICATION OF JOHN LOCKE SOCIAL CONTRACT THEORY TO THE PRACTICE OF DEMOCRACY IN NIGERIA FROM 1999 TO 2015 ISAAC IORHEN AKUVA UNIVERSITI SAINS MALAYSIA 2016 THE APPLICATION OF JOHN LOCKE SOCIAL CONTRACT THEORY TO THE PRACTICE OF DEMOCRACY IN NIGERIA FROM 1999 TO 2015 by ISAAC IORHEN AKUVA Thesis submitted in fulfillment of the requirement for the degree of Doctor of Philosophy September 2016 Thesis Excerpts “Social Contract Theory provides a general framework for inquiry, genuine dialogue and analysis into how societies are formed and governed. Social Contract Theory is an attempt to establish the theoretical base for the establishment of an idea civil society and government (Gherghe, 2011).” [pg 84] “In strong terms Ellis (2006) asserts that the principles of Social Contract Theory are by all means the framework of contemporary system of democracy. The array of assertions linking Social Contract Theory with democracy no doubt proves that there are links between them.” [pg 95] In 2005 Thomas Friedman complained that many countries do not apply the principles of Social Contract Theory in a historical sense of a voluntary contract among citizens to establish their governments. This is the problem in most democracies around the world today (Friedman, 2005). i ACKNOWLEDGEMENT I sincerely appreciate the Almighty Jehovah who by His mercy permitted me to come this far in life. My unalloyed appreciation also goes to my supervisors, Associate Professor Dr. Abdul Latif Bin Kamaluddin, Associate Professor Dr. Mohamad Zaini Bin Abu Bakar and Associate Professor Lok Chong Hoe who diligently gave in their time in supervising this thesis for it to meet the standard for the award of a Doctorate Degree of Philosophy in Political Thought, I am indeed thankful to you all. I equally express my appreciation to my External Examiner, Professor Andrew Aeria, my two Internal Examiners, Associate Professor, Azeem Ahmad Farouk and Professor, Ahmad Fauzi Abdul Hamid for their immense contributions to the outcome of the thesis to fulfill the requirement for the award of a Doctorate Degree. I am also thankful to the former and current Deans of the School of Social Sciences, Universiti Sains Malaysia Associate Professor Dr. Nor Malina Malek and Professor Dr. Azlinda Azman for their administrative support throughout the period of my study. The authors whose works were cited in this study are acknowledged with a sense of gratitude. I am deeply indebted to my beloved wife Mrs. Doosuur Akuva for her unwavering moral and spiritual support throughout this academic adventure. Her endurance, while I was away to Malaysia for this study, was unprecedented. My thanks also go to my parents, Mr. & Mrs. Isaac Akangee Akuva for parenting me and deeming it worthy to give me the opportunity to be educated, my beloved parents I am thankful to you. Unforgettable is my uncle, Iorzua Akuva who encouraged me with encouraging words and finance throughout my academic pursuit. You have been supportive indeed, I appreciate. Mrs. Bertha Terrumun Jika and Mrs. ii Felicia Hembadoon Ayatse are the two great foster mothers I found in my life journey. You have shown me care and have stood with me in times of spiritual, moral and material needs, I thank you. The Vice-Chancellor of Federal University, Dutsinma, Professor James Ayatse was gracious enough to release me to further my studies in Malaysia when the financial resources of the university were slim, Sir I thank you for this show of concern. I dedicate this thesis to our daughter Esther Terdoo Iorhen who was miraculously delivered through cesarean section (CS) while I was in Malaysia for this study; I appreciate the Lord who did not allow your birth to generate any concern for me. To God Almighty is the whole glory Isaac Iorhen Akuva iii TABLES OF CONTENTS Acknowledgement ii Table of Contents iv List of Tables xi List of Figures xiii List of Abbreviations xiv Abstrak xix Abstract xxi CHAPTER 1: INTRODUCTION 1.1 Background to the Study 1 1.2 Statement of Problem 12 1.3 Research Questions 17 1.4 Objectives of the Study 18 1.5 Significance of the Study 18 1.6 Scope of the Study 19 1.7 Research Methodology 21 1.7.1 Data Collection 21 1.7.2 Primary Data 22 1.7.3 Secondary Data 23 1.7.4 Data Analysis 23 1.8 Operationalization of Concepts 26 iv CHAPTER TWO: REVIEW OF LITERATURE AND THEORETICAL FRAMEWORK 2.1 Introduction 27 2.2. The Definition of Social Contract Theory 29 2.3 The Background to John Locke’s Social Contract Theory 31 (1632-1704) 2.4 The Major Assumptions and Parameter of John Locke’s Social Contract Theory 33 2.4.1 The State of Nature 34 2.4.2 The Social Contract of the State and Civil Government 40 2.4.3 The Arms of Government and Separation of Powers 49 2.4.4 Usurpation, Tyranny and Dissolution of Government 51 2.4.5 The Power of Prerogative 57 2.4.6 The People’s Constitution 61 2.5 The Critique and Applications of Social Contract Theory 68 2.5.1 The Critique of Social Contract Theory 68 2.5.2 The Various Applications of Social Contract Theory 79 2.6 The Justification for the Application of John Locke’s Social Contract Theory to the Practice of Democracy in Nigeria 83 2.7 The Relationship between Democracy and John Locke’s Social Contract Theory 88 2.8 Theoretical Framework 96 2.9 Conceptual Framework 103 v CHAPTER THREE: JOHN LOCKE’S SOCIAL CONTRACT THEORY AND THE HISTORICAL BACKGROUND TO NIGERIA 3.1 Introduction 106 3.2 Brief Background to the Geopolitics of Nigeria 107 3.3 Pre-Colonial Institutions and the Experience of Locke’s Social Contract Theory in Nigeria 112 3.3.1 Locke’s Social Contract Theory and the Hausa-Fulani Pre-Colonial Administration in Nigeria 113 3.3.2 Locke’s Social Contract Theory and the Yoruba Pre-Colonial Administration in Nigeria 117 3.3.3 Locke’s Social Contract Theory and the Ibo Pre-Colonial Administration in Nigeria 121 3.4 Locke’s Social Contract Theory and the Emergence of the Nigerian State (1826 to 1914) 124 3.5 Locke’s Social Contract Theory and the Post-Colonial Democratic Experience in Nigeria from 1959 to 1993 137 3.5.1 Locke’s Social Contract Theory and the First Republic in Nigeria (1959 to 1966) 137 3.5.2 Locke’s Social Contract Theory and the Second Republic in Nigeria (1979-1983) 145 3.5.3 Locke’s Social Contract Theory and the Third Republic in Nigeria (1991-1993) 153 3.6 The Impact of the Military on Nigeria’s Democratic and Social Contract Experience 163 vi 3.6.1 The Military and Locke’s Social Contract Issues on Constitutional Making in Nigeria’s Democracy 172 3.6.1(a) The 1979 Constitutional Experience in Nigeria 174 3.6.1(b) The 1989 Constitutional Experience of Nigeria 178 3.6.1(c) The 1995 Constitutional Experience in Nigeria 180 3.7 The theoretical gap on the historical background to Nigeria in the light of the Participatory theory of Democracy 182 3.8 Conclusion 185 CHAPTER FOUR: THE NATURE AND CHARACTER OF THE PRACTICE OF DEMOCRACY IN NIGERIA FROM 1999 TO 2015 IN THE LIGHT OF JOHN LOCKE’S SOCIAL CONTRACT THEORY 4.1 Introduction 186 4.2 The Nature and Character of the Creation of the Nigerian State in the light of John Locke’s Social Contract Theory 187 4.3 The Nature and character of the 1999 Constitution making in 199 Nigeria in the light of John Locke’s Social Contract Theory 4.4 The Nature and Character of the Practice of Impeachment in Nigeria in the light of John Locke’s Social Contract Theory 214 4.4.1 The Impeachment of Governor Adewolu Rashidi Ladoja of Oyo State 221 4.4.2 The Impeachment of Governor Peter Obi of Anambra State 225 4.4.3 The Impeachment Threat on Governor Umaru Tanko Al-Makura of Nassarawa State 228 vii 4.4.4 The Impeachment of Governor Murtala Nyako of Adamawa State 231 4.4.5 The Impeachment of Governor Joshua Dariye of Plateau State 234 4.4.6 The Impeachment of the Deputy Governor of Enugu State, Sunday Onyebuchi 235 4.4.7 The Impeachments of Governor Abiodun Aluko of Ekiti State and Governor DSP Alamieyeseigha of Bayelsa State 236 4.4.8 The Impeachment and Appointment Illegalities of the Speaker of Rivers State House of Assembly 237 4.5 The Nature and Character of the Practice of Power of Prerogative in Nigeria in the light of John Locke’s Social Contract Theory 240 4.6 The Nature and Character of the Practice of Usurpation of Power and Tyranny in Nigeria in the light of John Locke’s Social Contract Theory 249 4.7 The Nature and Character of the Practice of Electoral Politics in Nigeria in the light of John Locke’s Social Contract Theory 262 4.7.1 The 1999 General Elections 266 4.7.2 The 2003 General Elections 266 4.7.3 The 2007 General Elections 269 4.7.4 The 2011 General Elections 272 4.7.5 The 2015 General Elections 273 4.8 Conclusion 277 viii CHAPTER FIVE: THE EFFECTS OF THE DICHOTOMY BETWEEN JOHN LOCKE’S SOCIAL CONTRACT THEORY AND THE PRACTICE OF DEMOCRACY IN NIGERIA FROM 1999 TO 2015 5.1 Introduction 278 5.2 The Effects of the Dichotomy between John Locke’s Social Contract Theory and the Creation of the Nigerian State from 1999 to 2015 279 5.3 The Effects of the Dichotomy between John Locke’s Social Contract Theory and the 1999 Constitution of Nigerian from 1999 to 2015 285 5.4 The Effects of the Dichotomy between John Locke’s Social Contract Theory and the Practice of impeachment in Nigerian from 1999 to 2015 288 5.5 The Effects of the Dichotomy between John Locke’s Social Contract Theory and the Practice of prerogative in Nigerian from 1999 to 2015 291 5.6 The Effects of the Dichotomy between John Locke’s Social Contract