PeeCeeJay
By
Jideofor Adibe
Africa: From Military Coups to Constitutional Coups
Email: pcjadibe@yahoo.com
Twitter: @JideoforAdibe
The outcome of
Rwanda’s constitutional referendum held on December 18 2015 was one of the
boldest affirmations that Africa has become afflicted with a new virus -
constitutional coup making. Official
results of the referendum showed that 98 per cent of Rwandans ‘wanted’ a
constitutional change to permit Paul Kagame, 58, to run for a third term of
seven years at the end of his current tenure in 2017. The country’s newly amended constitution which reduced a term from seven years to five years
will come into effect when Kagame’s third term tenure of seven years will come
to an end, enabling him to run for another two terms of 5-years each under the
amended constitution. Essentially the Rwandan strongman’s constitutional coup makes
it possible for him to rule until 2034 – or longer if he is able to engineer
another constitutional coup after that.
Until the ‘third
wave’ of democracy in Africa which started with the
National Conference in Benin in 1990, the continent was a playground for
autocratic life presidents and military adventurists who usurped power under
the veneer of little messiahs. Whereas enlightened dictatorship arguably helped
some countries such as Chile under Augusto Pinochet, South Korea under Park
Chung-Hee and China under Deng Xiaoping to develop economically Africa’s
dictators succeeded only in further under-developing their countries both
politically and economically.
Today most of
the countries in the continent are in a democratizing mode. Military coups have
become passé. Constitutional coups appear
to be the new cool. Simply put, a constitutional coup is an attempt to review
or amend the provisions of a national constitution by an incumbent leader with
the ulterior motive of capitalizing on such amendments to achieve tenure
elongation.
There are a number of observations:
One, across the
continent liberal or Western democracy is being universalized,
usually with term limits. However the continent’s liberal
democracy project faces resistance from two forces: adventurist soldiers who
nurse a nostalgia for the period when the military was the shortest route to
power in Africa and civilian beneficiaries of this ‘third wave’ of democracy
who nurse a nostalgia for the period of one party dictatorships and life presidencies
that prevailed in most parts of the continent from independence until the end
of the Cold War.
Since the early
1990s, at least 24 presidents in sub-Saharan Africa initiated moves to
stay in office beyond the constitutionally allowed two terms. For instance in
2001 president Lansana Conte of Guinea organized a referendum that scrapped
term limits. Similarly, in 2005, President Idris Deby of Chad held a referendum
to delete Article 61 (2) of his country’s constitution which
restricted presidents to two successive terms. Mamadou Tandja of Niger
abolished term limits through a referendum even though Article 49 of the
Nigerien constitution expressly forbade such a procedure. In Burkina Faso, President Blaise Compaoré,
who had already served two terms argued in 2005 that the term limit restriction
in Article 37 of the country’s constitution could not apply retroactively to him. He won tenure elongation for another two terms but was
still not content. In 2014 he tried to
abolish term limits altogether. The move led to riots and street upheavals which forced him out of office and into exile. Meanwhile
some military adventurists led by Gen. Gilbert Diendere tried to cash in on the
situation by toppling the country’s interim government. The coup was fiercely
resisted both by the local populace and the regional organisations
- the ECOWAS and the African Union. In Senegal, Abdoulaye
Wade in 2012 argued that the term limits in his country’s constitution could not
apply retroactively to his first term in office. He won the case in court and
ran for a third term – but lost. Burundi's
President Pierre Nkurunziza who violently resisted months of popular discontent
eventually got his third term in office but at a bloody cost. In Nigeria Obasanjo was believed to have
plotted for tenure elongation as his tenure was to expire
in 2007. It failed. Similarly, one of Jonathan’s
first initiatives after winning the 2011 presidential election was to push the
idea of a
single six-year term. The move was abandoned after it
was roundly condemned as an attempt at tenure elongation. In several of the
countries that tried tenure elongation, especially where the ruling party is factionalized, attempts at tenure elongation often led to
violence.
However while
several incumbents plotted constitutional coups, in countries like
Benin, Cape Verde, Ghana, Kenya, Mali, Mozambique, Sao Tome and Principe
and Tanzania leaders respected themselves and the country’s constitution and
stepped down honourably after exhausting their two-term limits.
Two, the trend
towards constitutional coups illustrates the tension between democratic
consolidation and democratic reversal in
the continent. For instance, when
Compaoré sought to amend the constitution in a bid to elongate his tenure in
Burkina Faso, it led to days’ of mass street protests and popular uprisings which eventually forced him out of power. Similarly popular protests helped to foil the 2015 coup in
that country. All these are indications of growth in democratic consciousness
and preference for liberal democracy – as imperfect as it is in the continent –
over life presidencies and military dictatorships. Also with the number of
attempted military coups in the continent (about 26 in the last five years) and
the number of attempted constitutional coups (about 24 since the 1990s), one
could argue that the possibility of democratic reversal remains
real in the continent even amid democratic consolidation.
Three, another
inference from the trend towards constitutional coups is that authoritarian
impulses remain very strong in the continent. This is often a key feature in newly
democratizing countries and the manifestations of this include disobedience of court orders, manipulating
court rulings, commoditizing justice and
criticisms of democracy by government
officials as an imported Western doctrine that has to ‘be adapted to African
culture and realities’. I recently had a discussion with a retired army officer
on what Nigerians now call ‘Dasukigate’. My position was that under the
separation of power doctrine that undergirds democracy, only a competent court
of law can pronounce any one guilty or not, and if a court decides that the
accused should be granted bail, it must
be honoured no matter the gravity of the allegation against
the person. The officer was vehemently opposed to any form of bail for Dasuki, saying he was convinced that Dasuki would jump bail
if it was granted to him. When I asked why any
evidence that he would jump bail was not given to
prosecuting attorney to help persuade the judge against granting him bail, he
began a lengthy lecture on how corrupt our judiciary could be. When I asked why
we should bother to send anyone to court if court orders could
not be respected, he accused me of being “brainwashed” by the West. For
him, “democracy must be adapted to our culture.” He was not able to convince me
on how such adaptation should be done in this circumstance except to insist that “we must be realistic”. Essentially therefore
our putative democracy sits uncomfortably with a certain nostalgia for our
authoritarian past.
Four,
constitutional coups is a continuation of the sit tight syndrome for which
African leaders were infamous for. As our democracy matures, we must also begin
to ask ourselves tough questions: Why do some leaders refuse to leave office at
the expiration of their tenure? Why is the character of our politics
anarchic? Why is there a pervasive fear
that the ethnic/regional group that captures state power will use such power to
privilege its in-group or disadvantage the others? Why is our politics a
do-or-die affair? As we strive to
earnestly answer some of these probing questions, we will quickly realize why
African leaders who do what is taken for granted elsewhere such as accepting defeat
in an election or handing over power at the expiration of their tenures are
rightly seen as heroes.
_______________________
Email: pcjadibe@yahoo.com
Twitter:
@JideoforAdibe