How To Address Sit-Tight Leadership Syndrome In Africa – Wechie

International Constitutional Law expert, Livingstone Wechie, in this interview with INNOCENT ODOH, states how African countries can address the menace of sit-tight leadership in the continent

Why do African leaders refuse to leave power?

It is because of greed and our monarchical orientation that is intolerant of opposing views. This has beset the continent far behind her contemporaries.

What does it mean for governance and stability of the continent?

There is a grave governance deficit in Africa. What we have is rulership where the leaders such as Paul Kagame of Rwanda, Yoweri Museveni of Uganda, Paul Biya of Cameroun,  Teodoro Obiang Nguema Mbasogo of Equatorial Guinea and many others believe that nobody except them can hold power. These are licensed state captors. The implications are that instability, conflict and terror will continue to reign.

Can you speak on how constitutional loopholes, weak institutions and patronage systems enable sit-tight leadership?

There are just a few exceptions to constitutionalism in Africa such as Ghana, Kenya and South Africa. These states have overcome political greed and the exercise of power is limited by a people who accepted Law and legal system and not might. Many African so-called Institutions function based on the impulse and body language of the despot and this is why accountability and probity is a far cry. It is impossible to talk of constitutional loopholes when you cannot define what a constitution is. To many African states, a constitution is a document produced by the state captor, an instrument by which he rules the state and brings the people to submission.

He reviews and renews at will based on his weaponised political interest not minding its illegitimacy. This has promoted the eternal hold on power. Intrinsically, the African Union definition of Unconstitutional Change of Government (UCG) is toppling of a regime whether democratic or not. It does not bother the AU that a state is ruled and ruined by despots.

They do not intervene to dismantle a dictatorship as long as you did not emerge through a UCG and this has emboldened dictatorships and sit-tight regimes. Most regimes in Africa whether in civilian or military uniforms behave alike and because the AU is their clearing house it does not matter.

It is a failure of the AU and the danger is that the African Union African Charter on Democracy, Elections and Governance (ACDEG), a Protocol set out to promote democracy, good governance, rule of law, and human rights across the continent and zero tolerance for unconstitutional changes of government (UCG), has no enforcement mechanisms. It cannot bite but just plays the role of a movie script. The lack of far-reaching consequences is the root of impunity in Africa.

 What are the long-term costs of governance, economy and security?

It has a sustained impact of instability and the promotion of conflict. That is why you have a sustained dangerous arms trade within our trade routes to sustain instability and by extension governance failure and weak human rights records. The spread of sponsored armed conflicts in the Gulf of Guinea, the Gulf of Aden (Horn of Africa/Arabian Peninsula), the Gulf of Tadjoura (Djibouti), the Gulf of Suez & Gulf of Aqaba (Egypt, Red Sea), and the Gulf of Gabes (Tunisia, Mediterranean) have continued to thrive and flourish and keep these undemocratic regimes alive because of the lack of true democratic structures.

What is the way forward in terms of reforms especially on term limits, judiciary strength, and electoral transparency?

The way forward is that these continental and regional bodies must be rescued from the state captors. The AU and others must be democratised to allow for direct citizenship participation through a universal suffrage.

It must become competitive and subject to elections of officials by citizens of member states. The system of mere designation of officials by heads of states who themselves are despots rather than elections through rigorous campaigns via elections by citizens of its officials into both the Pan African Parliament and others is its greatest undoing. The heads of state must be stopped from determining the composition of these bodies.

The lack of the democratisation of the bodies has given impetus to states to perpetuate regime autocracy resulting in institutional backwardness. States must surrender parts of their sovereignty like it is done under the Community Laws of the European Union which is AU’s counterpart organisation to enable for proper scrutiny and accountability to citizens. When this is in place, citizens can determine their respective term limits and the constitutionalism question in our respective constitutions will be resolved.

Most state constitutions in Africa are acquired and sustained through intimidation. Until citizens are involved to determine their representatives and representation in these bodies it will be difficult to compel independent states to comply with the democratic principles for term limits and institutional accountability.