A Comparative Political Essay: Nigeria And South Africa

Nigeria and South Africa are two countries that have experienced significant political changes in recent history, and despite their tumultuous pasts, not only have they emerged as the two strongest economies in Africa, but they also both remain pioneers in their own rights.

Against the backdrop of historical challenges and contemporary realities, this comparative essay seeks to determine the levels of democratic consolidation between Nigeria and South Africa. To decide this, parameters such as rule of law, civil liberties, political stability and electoral integrity will be used to juxtapose the two democracies.

With reference to Lere Amusani, Adrian Leftwich and more, this essay will navigate through transitions from authoritarianism to democracy to demonstrate that South Africa has been more successful in terms of democratic consolidation. Lastly, it will briefly discuss ethnic tensions as the biggest hindrance to democratic consolidation in Nigeria as well as potential solutions to this in order to achieve true democratic consolidation.

The Federal Republic of Nigeria is the epitome of a nuanced interplay of historical legacies. It was initially owned by the Royal Niger Company, which eventually became a subsidiary of Unilever. This is to say that democracy was not in the initial plan of Nigeria. From becoming a British colony in 1914, to gaining independence in 1960, becoming a republic in 1963, and being under military rule until 1999, Nigeria is an intricate tapestry of democratic development.

Similarly, South Africa, which is a newer democracy, has emerged from a long, violent history of oppression. From the colonial period, to the formation of the Union in 1910, the rise and fall of Apartheid in 1948 and the 1990s respectively, and the formation of a democracy in 1994, South Africa is equally intricate.

Given the turbulent pasts of both nations, it only makes sense that democratic consolidation is something they strive towards, and to effectively compare consolidation between Nigeria and South Africa, a comprehensive understanding of democratic consolidation needs to be established. Democratic consolidation is essentially the process of a new democracy becoming stable over time, and the sustenance of a democracy once established (Leftwich, 1996, 518). This is not to be confused with democratisation, which is the prerequisite for democratic consolidation. This essay will measure the democratic consolidation of the two nations using four parameters, rule of law being the first.

RULE OF LAW

Democracy cannot exist without the rule of law, let alone democratic consolidation. The rule of law guarantees general application of the law, the protection of human rights, and most importantly, accountability of government institutions (O’Donnell, 2004, 32). It is the idea that any laws in existence are to be documented and officially made known to all who are under it by the appropriate authoritative figure before their implementation, and thereafter, applied generally (O’Donnell, 2004, 33). South Africa boasts one of the best and most progressive constitutions in the world, which enables the effective implementation of the rule of law. However, at the intersection of theory and reality, we see that despite this, South Africa still struggles with the implementation of the rule of law. Corruption and other issues continue to plague the nation because while the legal framework is there, its enforcement is lacking. There is also the issue of executive overreach as seen in the case of EFF v Speaker of the National Assembly, where the National Assembly overruled the decision of the Public Protector in an attempt to exonerate the former president Jacob Zuma of the misappropriation of government funds for personal gain.

Nigeria on the other hand has a weak judiciary which allows for the rule of law to be undermined. Corruption appears to be an even bigger issue in Nigeria than it is in South Africa (Trading Economics, 2024) and this can largely be accredited to the issue of the Nigerian constitution being long overdue for revision. The Lyttleton Constitution contains many irregularities and the resulting lacunae have allowed for injustice, creating mistrust in the system (Amusani, Jegede and Saka, 2017, 61). Not only is the constitution not reflective of the people’s wishes, it also enables inequality. For example, Nigeria has over 500 native languages, but the language policy in the National Assembly according to section 55 of the constitution is that debates are to be carried out in English, Hausa, Yoruba and Igbo (Ihonvbere, 2000, 354). This perpetuates the domination of the three major ethnicities and also demonstrates the discrepancy in general application of the law between majority and minority ethnicities. In contrast to this, all 11 official languages are permitted in the South African National House of Assembly.

While both countries struggle with the implementation of the rule of law, based on my findings it appears that South Africa’s post apartheid constitution shows a greater commitment to the rule of law, having established judicial institutions and mechanisms for accountability such as the doctrine of separation of powers.

CIVIL LIBERTIES

Another function of the rule of law is the protection of civil liberties. Civil liberties refer to the fundamental rights that individuals possess and are entrenched in constitutions, statutes and international human rights treaties (Strossen, 1994, 254). South African civil liberties are securely protected by the rights to freedom of speech, freedom of expression, freedom of association and more. As a result of these rights not being protected during apartheid, which led to countless gross human rights violations, the protection of these rights are a fundamental aspect of transformative constitutionalism and the commitment to ensuring that South Africa never returns to its unjust past. This is clearly outlined in the preamble of The Constitution which states that the Constitution aims to “heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights” (The Constitution of the Republic of South Africa, 1996).

In Nigeria, the censorship of journalists, opposition parties and activists is enabled by harsh laws such as the Cybercrime Act, which is used to stifle freedom of expression through the restriction of internet connectivity and the removal of content in the name of curtailing cyber criminality (Internet Censorship and Freedom of Expression in Nigeria, 2017). Additionally, the prevalence of state sponsored violence such as attacks on journalists and protestors further undermines civil liberties and creates an environment in which people live in fear and intimidation. A relatively recent incident that reflects this is the #ENDSARS protests which resulted in the killing of unarmed protesters on 20 October 2020 by the Nigerian Armed Forces (Idowu and Chukwudi, 2021, 4). The protests, which were a call for reform and accountability for police brutality, were met with a response that demonstrated disregard not only for human life but also for freedom of speech, expression and assembly.

In comparing the prevalence of civil liberties in these two nations, it can be deduced that the prevalence of rule of law has a run-on effect on the protection of civil liberties. As mentioned above, South Africa has a stronger rule of law which ensures the prevalence of civil liberties. In Nigeria on the other hand, the rule of law is undermined which allows for the infringement of civil liberties.

POLITICAL STABILITY

Political stability is defined as “the regularity of the flow of political exchanges” (Ake, 1975, 273). South Africa has been relatively politically stable since 1994, however internal conflicts and socio-economic issues have caused considerable unrest. Furthermore, the dominance of the ANC since 1994 raises questions of competitiveness which will be expanded upon at a later stage. Post 1960, Nigeria continues to struggle with religious and ethnic tensions, as well as the aftermath of military intervention. All of these issues undermine political stability, but this part of the essay will hone in on how ethnic tension is not only detrimental to political stability but is the root cause of Nigeria’s inability to realise consolidation as a whole.

Ethnic tension in Nigeria is the byproduct of arbitrarily drawn colonial boundaries. With over 250 ethnic groups, this has led to a political culture that is heavily based on ethnicity (Amusani, Jegede and Saka, 2017, 49), but coupled with the impact of divide and rule as a method of indirect rule creating a major equality gap amongst ethnic groups, polarisation is heightened and national unity completely undermined. Ethnic tension and various ethnicities promoting their own interests makes it difficult to establish national identity which is contributing negatively to democratic consolidation (Ebegbulem, 2011, 79).

Proof of this is the legacy of the Biafra war, where dissatisfaction with resource allocation and political representation amongst the Igbo people led to a tragic secessionist movement (Ebegbulem, 2011,84). This history, and continued injustice still reverberates, partially due to the ineffective reintegration policy implemented by the government, contributing to political instability, insecurity, and a weakened sense of national identity (Ebegbulem, 2011, 85).

To overcome these challenges, it is vital that Nigeria addresses the root causes of ethnic tension through inclusive governance, equitable resource allocation, and the promotion of a shared national identity that transcends ethnic divisions. It is widely believed that the realisation of one Nigeria is impossible, but the effort alone would have a positive impact on democratic consolidation.

ELECTORAL INTEGRITY

As mentioned above, ethnic tension affects democratic consolidation and one of the ways it does this is by undermining electoral integrity. Aside from the events of Nigeria’s last national elections, one of the most monumental demonstrations of this was the unjustifiable annulment of the 1993 election results. Not only was it the first and only time a Nigerian election had been annulled, it was also recorded as Nigeria’s most free and fair election to date. With that in mind, it becomes even more plausible that the deciding factor of this annulment was ethnicity, considering that it was also the first time a Southern candidate had won an election in the post military dispensation, and by a landslide at that.

Free and fair elections are vital for democracy and ultimately, democratic consolidation (Ebegbulem, 2011, 75). According to Elkett and Svensson, they are achieved when people have the right and opportunity to choose, and this right and opportunity is generally applied (Elklit and Svensson, 1997, 35). South Africa strives for and achieves this, through constitutionally protected rights as well as the Independent Electoral Commission (IEC). Conversely, Nigeria struggles with free and fair elections, with issues such as ballot rigging, vote buying and harassment at the polls hindering the process (Okogu and Umudjere, 2015, 68). A major contributing factor to this is poverty, which Adrian Leftwich rightfully describes as an obstacle to democratic consolidation (Leftwich, 1997, 530). This is further explained by Ebegbulem, who highlights that poverty makes citizens more vulnerable to inducements and gratification. Unfortunately, this is the case for an estimated 80% of the population, bringing into question the legitimacy of votes placed (Ebegbulem, 2011, 80).

Free and fair elections are one thing, but their outcomes are another (Cho and Logan, 2009). South Africa particularly boasts free and fair elections but the outcome of said elections have remained the same for the last 30 years. This brings into question the success of South African democratic consolidation with the two-turnover test as an indicator. The two turnover test is passed when the victors of founding elections are defeated and peacefully hand power over to those that defeated them, and the subsequent elections also result in a peaceful handover of power (Huntington, 1993, 267).

However, passing this test is not an immediate guarantor of democratic consolidation. The two turnover test has received criticism for lacking the necessary nuance and adaptability required for the complexity of the history of countries. In South Africa for example this test overlooks the historical advantage that the ANC continues to have. Nigeria on the other hand, boasts multiple turnovers of power (although their peacefulness is contested), yet is found lacking where other indicators of democratic consolidation are concerned.

While South Africa beats Nigeria by a landslide in terms of electoral integrity, one failure worth highlighting is the lack of true competitiveness. One of the factors that can be attributed to this is the political culture and mindset of most South Africans that has been formed post-Apartheid. As mentioned above, the ANC has maintained a historical advantage due to their prominent role in the fight against Apartheid. In addition to the loyalty of many South Africans for this reason, there is also the use of fear mongering, taking advantage of the fear of many South Africans that without the ANC, South Africans will return to its former oppressive state.

CONCLUSION

Democratic consolidation is a constant, something that is actively worked towards. Neither Nigeria nor South Africa can call themselves fully consolidated democracies but based on the findings above, one can conclude that South Africa has reached a higher level of democratic consolidation. In terms of the rule of law, South Africa’s commitment to constitutional transformation has ensured the implementation of the rule of law, albeit with its own faults. This has also had a snowball effect on the protection of civil liberties, which are heavily guarded by the constitution, with grave consequences for their infringement. Both countries emerged from a violent and oppressive past but Nigeria still grapples with ethnic, tensions, religious divide and the legacy of military intervention which all contribute to the lack of political stability. South Africa post 1994 has shown to be relatively politically stable, but this stability has recently been threatened by corruption. Lastly, South Africa demonstrates far greater electoral integrity aided by an independent electoral commission (the IEC), while Nigeria struggles with many issues regarding elections, including vote buying, election violence and manipulation.

All hope is not lost where Nigeria is concerned however. In dealing with ethnic tension, which I argued to be the root cause of Nigeria’s inability to consolidate its democracy, Nigeria may not be too far behind South Africa in future. After all, it is said that “jollof wey dey for bottom pot today go dey on top of cooler tomorrow”, which is to say that no condition is permanent, and situations always have the potential to improve.

Natalie Kotu Rammopo Is a law student at the University of Witwatersrand, Johannesburg

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