Essay
By Prof Mike Ozekhome, SAN
Introduction
IN last week’s episode, we wondered whether Interim govts are coups in disguise; discussed the Nigeria experience with interim Governments; asked ‘What is an interim government?; and examined ‘Factors that necessitate interim Governments’.
In today’s edition, we conclude our discussion of ‘Factors that necessitate interim governments; then look at types of interim Governments and conclude with an assessment of how well interim Governments have worked in our climes such as Afghanistan, Chad and Syria.
FACTORS THAT MAY NECESSITATE INTERIM GOVERNMENTS.
Interim governments do not just spring forth from the blues in normal circumstances. No. The factors and causes would have been there for long – even if dormant and latent. But it is only the ant that hears the whispers of the sand; just as it is only the worm that knows what is buried in the earth. Vigilant Nigerians had seen these signs long ago. Aare Babalola is one of them. I am one of them. My daily write-ups and frequent television appearances wholly attest to this.
The factors which foster the emergence of interim governments include regime collapse, negotiated agreement, special election or international intervention. They may arise at a national or sub national level; and can have a myriad of compositions: national, international or mixed; one party or power-sharing, civilian, military or hybrid. Their mandates range from providing or restoring basic state services, to special tasks such as the preparation of a new Constitution or the introduction of economic reforms. It is in the preparation of a new autochthonous and People-driven Constitution that Babalola’s dissertation is situate.
Examples of such circumstances, as identified by the Institute for Integrated Transitions include an existing regime dealing with crises – such as severe economic problems, a fracture within the ruling elite, or an invigorated opposition which may transform itself into an Interim government to stave off its demise or provide more political space to work towards longer-term recovery or resolution (e.g Spain 1975-1976; Indonesia 1998-1998). Additionally, an international intervention may produce an Interim International Government as a practical means to restart governance after war or dictatorship or a stalled political process (e.g UN Transitional Administration in East Timor 1999-2002). Furthermore, an existing regime and the opposition may reach a peace deal or political settlement, establishing an Interim Government for a specified period (e.g El Salvador 1992-1994; and Nepal 2006-2008).
TYPES OF INTERIM GOVERNMENTS
There is the type of Interim Government where an organized power or force overthrows a sitting government and takes over the leadership of the state. This is different from a coup d’etat strictu sensu, because in this case, the regime taking over is only doing so to manage power temporarily, promising to hand over power, properly and as the law of the land recognizes. Wikipedia.org referred to this kind of interim government as “revolutionary provisional government”. An instance of such interim government would be the case in Chad where when the Head of State died, his son took over government, as against the provisions of the law of the land where the power to lead the state was supposed to devolve on the speaker of the National Assembly. However, Mahamat Idriss Deby in a bid to take over power had to, through the Army, dissolve the government and the National Assembly to ensure that the speaker did not become the Head of State. He however promised to hand over power according to provisions of the law after 18 months, thus making his government an interim/provisional government.
There is the second type of interim government, where there is set up, a new regime of leadership. However, the previous regime still retains the true power. This was the case with Nigeria when General Ibrahim Badamosi Babangida, said that he will “step aside”, not even resign. He did appoint an Interim National Government to usher in a proper government in accordance with the Constitution of Nigeria. General Babangida however retained the Secretary of his government to be the Secretary of the Interim government and the actions of the Interim Government were generally seen to be largely dependent on and not against the interest of General Babangida. Wikipedia.org named this type of Interim government, “Incumbent Provisional Government”.
There is the third type of interim government, where obedience and legitimacy in the state are shared between the incumbent interim regime and a regime trying to take over power. This is the case in Syria where the Interim Government is sharing power with external forces from Saudi Arabia, Iran, Iraq, Turkey and Qatar. Wikipedia.org referred to this type of Interim government as “Power Sharing Provisional Government”.
Finally, there is the type of Interim government where the power belongs to and is solely managed by an international body, the international community or an external state. Such was the case with the United States in 1776 during the American Revolutionary War when the Continental Congress, a convention of delegates from 13 British colonies on the east coast of North America served as its interim government until it was replaced in 1789 by the United States Congress. (See https: //en. wikipedia. org/ wiki/ Provisional _ government). Wikipedia.org named this type of interim government as “International Provisional Government”.
HOW WELL HAS INTERIM GOVERNMENTS WORKED IN OTHER CLIMATES?
As at date, South Sudan, Libya, Sudan, Burkina Faso, and Chad in Africa; Afghanistan, Myanmar, Syria, and Yemen in Asia; and Belarus in Europe, are the countries currently under an interim government regime.
Taking the samples of Afghanistan, Chad and Syria, let us analyse how interim governments have performed.
AFGHANISTAN
Matthew Saul in an article, “International Law and the Legitimacy of Interim Governments”, (see page 14; International Law and the Legitimacy of Interim Governments by Matthew Saul, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2715703) – pointed out the issues with the interim government of Afghanistan. He stated thus, “…certainly, the lack of security in Afghanistan has been a major hindrance in the development of a productive public sphere and the government has been keen to justify some of its constraining activity on the security situation. Consider, for instance, the decree that all news agencies ‘refrain from covering incidents of “terrorist activities or movements” between 6 a.m. and 8 p.m. on Election Day,’ a ban enforced by National Directorate of Security (NDS) officials. … This suggests that it might have been a measure that has been motivated by the government trying to sustain its own authority, by reducing knowledge of events that bring into question the credibility of the election process.”
Matthew makes the very disturbing insinuation that interim governments are in an unending struggle to assert and justify their legitimacy. Yes, indeed. Afterall, the fall of a dried leaf is a warning to the green one.
CHAD
As published by Al Jazeera on 20th April, 2021. (See https://www.aljazeera.com/news/2021/4/20/chads-military-announces-new-interim-government-after-deby-death); and on 13th October, 2022; and (https: //www. africanews. Com /2022 /10/13/chad-new-interimprime-minister-vows-freedoms rights/), in Chad, even as it is today, the government which came into force in the guise of an interim regime to hand over to a Republican government after 18 months, counting from April 2021, is still in force till date. Now the question is, who now has the right, authority, and requisite power at this material time to bring this government to book? Should Chadians not regret ever having this interim regime in the first place? Which rat will now bell the cat? That is the question.
SYRIA
Middleeasteye.net.(Seehttps://www.middleeasteye.net/features/syria-interim-government-waiting) has painted a gloomy picture of the state of Syria under an interim government; just as has Al-monitor.com, they both show a country in serious crisis.
Though the situation in Syria (being a warring country and one with different power blocks exercising real power across divided parts of the country), is to be expected, it is still the case that its Interim Government has not only suffered major oppositions that bring to jeopardy its control of the state, but is also in search of its own legitimacy – the very foundation of a government. A cockroach has never been adjudged innocent in the presence of fowls.
CONCLUSION
The above scenarios have shown that IG is no longer in vogue. But, a final warning for those “politricians” messing up our hard-earned democracy: they must now move swiftly, deliberately, to save this pseudo democracy we are operating and turn it into full-blown democracy. This is because, if a snake chooses to crawl sluggishly like a snail, it will only succeed in making itself food for the hawk.
NOW THIS
It will however be unrealistic in the present circumstances to expect “politricians” (the greatest beneficiaries of the last farcical polls) to commit collective class suicide by acquiescing to that idea. The IG idea will garner little or no traction among this most critical base of those who will lose out. It is not only the political class that will lose out, but also the electorate. As the ENDSARS riots of 2020 clearly showed, Nigeria’s youths have become increasingly restive, enlightened, and audacious in the fight for their rights. Their righteous indignation is palpable. This once-upon-a-time supposed structureless and amorphous segment of the society has become the rejected stone that has ironically formed the cornerstone of our democracy.
The days of taking the youths for granted by corrupt and unpopular governments are clearly over. An IG which they perceive as antithetical to their interests and aspirations might be the needed signal to spark off another round of mass protests, in a way and manner that may dovetail into ponderous chaos and anarchy. Who knows where that might lead us to? The way forward is to overhaul our abused electoral jurisprudence and change the warped mind-set of our desperate “politricians”. The stubborn fly that refuses to hear the voice of its mother usually accompanies the casket into the grave.
The lessons are quite clear to us all. Our elders tell us that if you tell a man a proverb and proceed to interpret it to him, then the dowry paid on his mother’s head becomes a waste. A word is enough for the wise. A stitch in time saves nine. (The end).
AND THIS
CRACK YOUR RIBS
“Landlord: Akpos, is your father at home?
Akpos: No, baba landlord he said I should tell you he is not at home.
Landlord: When will he return?
Akpos: He did not tell me, wait, let go and ask him”
THOUGHT FOR WEEK
“The government is us; we are the government, you and I”. (Theodore Roosevelt).
LAST LINE
God bless my numerous global readers for always keeping faith with the Sunday Sermon on the Mount of the Nigerian Project, by humble me, Prof Mike Ozekhome, SAN, CON, OFR, FCIArb., LL.M, Ph.D, LL.D. kindly, come with me to next week’s exciting dissertation.
A.
Tags: Prof Mike Ozekhome
