Feature/OPED
Coup d’état in Africa: A Legal and Moral Implication of Nigeria’s Damning Ironies
By Benson Uche Egbuchiwe
Incidences of coup d’état within the West African subregion have yet again brought a new dimension to the question of democratic stability on the African continent. Recently, I had the opportunity to participate in a Zoom debate organized by my Law school classmates and the topic of discussion was coup d’états in Africa and its impact on democracy within Africa. Participants took turns to share opinions on this worrisome issue of military incursions and the obvious consequences.
Interestingly, this topic aligned perfectly with my university project from over 25 years ago. For my undergraduate studies at the university, I delved into different legal and theoretical foundations of military governments that were established through coups, and my research was aptly titled Law and Revolutions: An X-ray of the Nigerian Experience. To provide depth, I was fortunate to have Prof. Akin Oyebode, a distinguished academic of the University of Lagos, a Harvard and Cambridge University trained professor of Law as my supervisor, also being a topic in Jurisprudence of Law, which is his area of expertise.
Legal Foundations of Coups:
The legal and conceptual basis for coup d’etats stems from the espousals of the positivist school of thought led by Hans Kelsen, which posits that successful coups are lawful. They contend that the legitimacy of coup d’etats is a political and moral issue that has to be resolved through the political processes of society where they occur and that the validity of a successful coup d’etat is a legal question that belongs to the province of legal theory. They characterized the efficacy and legitimacy of coup d’etats from the adoption of the propositions that the efficacy of coups bestows validity on them by the deployment and consideration of other validating and extenuating doctrines such as the doctrines of necessity, implied mandate, and public policy exceptions and such others by coup plotters.
Judicial Orientation to Coups in Nigeria:
In a perverse sense, Nigeria’s Judiciary, in the course of six (6) successive and successful coups, had gravitated toward Kelsen’s theory in interpreting coup d’etats to date. The courts have always expressly refused or shied away from declaring military governments and laws that emerged from coups as illegal. The only lame attempt by our judiciary was when they declared the National Interim Government of Ernest Shonekan as illegitimate. In other instances, the participants, laws, and policies of successful coups and military government have all been legally and judicially sanctioned as legitimate, either expressly or impliedly.
Nigeria’s Moral Examples to other Africa countries on coups:
As I contended in both instances, that is in my research work and in the debate with classmates, Nigeria has set a disturbing example for other African nations by failing to hold accountable successive coup plotters and failure to put them through the rigours of our criminal justice system, especially when in our jurisdiction the prosecution of criminals and criminal perpetrators who, having toppled democratic governments with guns, and in some instances, occasioned deaths of people and bloodbaths, are not statue barred.
By condoning and not taking firm actions against coupists, Nigeria missed the rare opportunities to establish a strong deterrent against coups in other African countries that have recently embraced this undemocratic practice. Furthermore, the failure to disavow actions taken during illegal military regimes, accompanied by the ironic practice of rewarding successful coup participants with political positions in the civilian space, only serves to inspire aspiring coup plotters in Nigeria and across Africa.
Sadly, in the case of Nigeria, there is a disturbing situation where coup plotters are rewarded afterwards with high-ranking positions such as ‘juicy’ ministerial portfolios, and in some cases, they have even ascended to the presidency while receiving the highest honours in the country. This continuous endorsement sends a dangerous message that participating in coups can lead to personal gain and political advancement rather than facing the appropriate consequences for their actions after successful coups.
It is my considered thought that had Nigeria taken a different approach by prosecuting both military and civilian accomplices involved in previous coup plots within the country; we could have established a precedent that might have discouraged similar attempts in the future in Nigeria and other African countries. This perverse reward practice in Nigeria has served as a dangerous example to neighbouring African countries, particularly those grappling with bad governance systems. Instead of providing a platform for denouncing such actions, Nigeria has inadvertently reinforced the notion that success in a coup can lead to power and prestige.
The Socio-Economic Predispositions to Coup in Africa
While the legal foundations of coups, as proposed by Hans Kelsen, may have influenced the acceptance of such actions in Africa, there have been research studies that highlight other underlying socioeconomic factors contributing to successful coup d’états. The African Union’s Peace and Security Council, in a 2014 report, summarily stated that unconstitutional changes of government through coups in Africa often arise and are successful in socio-political contexts characterized by governance deficiencies, rampant corruption, greed, and selfishness.
To avert coups, Africa as a continent must address these underlying issues and work towards strengthening governance, combating corruption, and promoting a culture that deepens democratic ethos and the rule of law. By doing so, we can discourage the occurrence of coups and create a more stable and prosperous future for the continent. Other foreign research and reports have identified several socioeconomic contexts that contribute to successful coup d’états in Africa, and these include the mismanagement of diversity, mismanagement of economic opportunities, marginalization of groups, and human rights abuse, amongst several other factors including especially the manipulation of the constitution.
Above all, poverty has been identified as a significant precursor to coup attempts. Countries that are economically poorer and have less stable democracies have historically been more susceptible to coups. In fact, according to a report, out of the 54 countries on the African continent, 45 have experienced at least one coup attempt since 1950. It further indicated that countries with higher levels of poverty and less stable democratic systems have been more prone to such takeovers. The report further highlighted a significant correlation between the high poverty index in many African countries and the prevalence of coup d’états in the region. It revealed that out of all successful coups worldwide since 1950, 214 of them took place in Africa, with 106 of them being successful. This represents the highest number compared to other continents.
Solutions to Coups:
On what should be the solutions, firstly, there must be deliberate and concerted efforts to tackle these underlying issues, including promoting inclusive governance, combating corruption, protecting human rights, and ensuring fair electoral processes, which is vital to reducing the occurrence of coups and fostering stable and prosperous democracies in Africa-more than the platitudes of economic sanctions and military invasions. Given these stark data and considering the historical and judicial perspectives on coup d’états from a Nigerian standpoint, our government needs to engage in introspection and be sombre in engaging with the government of Niger.
While ECOWAS may have displayed a sense of bravado in their declaration, it is crucial to consider the broader context and historical precedents when approaching the situation. Jettisoning this knee-jerk reaction and taking a more measured approach based on comprehensive analysis is warranted. The call for a war on poverty, corruption, government wastage, and hunger by the African governments is what is needed now and not war with one another.
Nigeria’s Damning Ironies:
In conclusion, one couldn’t but note the irony in Nigeria’s leadership roles in handling a military expedition in Niger; considering this context, first Major General Muhammadu Buhari, who shares ancestry with Niger, was involved in a notorious coup that disrupted Nigeria’s democratic process in 1983. He was subsequently rewarded with two terms as president of Nigeria, totaling eight years, and was bestowed with Nigeria’s highest honour, the GCFR (Grand Commander of the Federal Republic). The second irony is that Gen. Abdulsalami Abubakar (GCFR), who became a benefactor of Nigeria’s highest seat of power-the presidency from the legacy of prominent coupists in Nigeria, was sent as an elder statesman to mediate and truncate the ambitions of young military Nigeriens who perceive him and his other Nigerian military statement and heads of state as models of citizens’ engagement and aspiration in governance through coup d’etats. This irony raises questions about the consistency and sincerity of Nigeria’s approach to addressing these issues.
Benson Uche Egbuchiwe (BUE) is a lawyer and public policy analyst based in Abuja
By Luke Kyohere
The global payments landscape is undergoing a rapid transformation. New technologies coupled with the rising demand for seamless, secure, and efficient transactions has spurred on an exciting new era of innovation and growth. With 2025 fast approaching, here are important trends that will shape the future of payments:
1. The rise of real-time payments
Until recently, real-time payments have been used in Africa for cross-border mobile money payments, but less so for traditional payments. We are seeing companies like Mastercard investing in this area, as well as central banks in Africa putting focus on this.
2. Cashless payments will increase
In 2025, we will see the continued acceleration of cashless payments across Africa. B2B payments in particular will also increase. Digital payments began between individuals but are now becoming commonplace for larger corporate transactions.
3. Digital currency will hit mainstream
In the cryptocurrency space, we will see an increase in the use of stablecoins like United States Digital Currency (USDC) and Tether (USDT) which are linked to US dollars. These will come to replace traditional cryptocurrencies as their price point is more stable. This year, many countries will begin preparing for Central Bank Digital Currencies (CBDCs), government-backed digital currencies which use blockchain.
The increased uptake of digital currencies reflects the maturity of distributed ledger technology and improved API availability.
4. Increased government oversight
As adoption of digital currencies will increase, governments will also put more focus into monitoring these flows. In particular, this will centre on companies and banks rather than individuals. The goal of this will be to control and occasionally curb runaway foreign exchange (FX) rates.
5. Business leaders buy into AI technology
In 2025, we will see many business leaders buying into AI through respected providers relying on well-researched platforms and huge data sets. Most companies don’t have the budget to invest in their own research and development in AI, so many are now opting to ‘buy’ into the technology rather than ‘build’ it themselves. Moreover, many businesses are concerned about the risks associated with data ownership and accuracy so buying software is another way to avoid this risk.
6. Continued AI Adoption in Payments
In payments, the proliferation of AI will continue to improve user experience and increase security. To detect fraud, AI is used to track patterns and payment flows in real-time. If unusual activity is detected, the technology can be used to flag or even block payments which may be fraudulent.
When it comes to user experience, we will also see AI being used to improve the interface design of payment platforms. The technology will also increasingly be used for translation for international payment platforms.
7. Rise of Super Apps
To get more from their platforms, mobile network operators are building comprehensive service platforms, integrating multiple payment experiences into a single app. This reflects the shift of many users moving from text-based services to mobile apps. Rather than offering a single service, super apps are packing many other services into a single app. For example, apps which may have previously been used primarily for lending, now have options for saving and paying bills.
8. Business strategy shift
Recent major technological changes will force business leaders to focus on much shorter prediction and reaction cycles. Because the rate of change has been unprecedented in the past year, this will force decision-makers to adapt quickly, be decisive and nimble.
As the payments space evolves, businesses, banks, and governments must continually embrace innovation, collaboration, and prioritise customer needs. These efforts build a more inclusive, secure, and efficient payment system that supports local to global economic growth – enabling true financial inclusion across borders.
Luke Kyohere is the Group Chief Product and Innovation Officer at Onafriq
In a heartfelt statement released today, the Conference of Nigeria Political Parties (CNPP) has extended its warmest congratulations to Ghana’s President-Elect, emphasizing the importance of learning from Ghana’s recent electoral success as Nigeria gears up for its 2027 general elections.
In a statement signed by its Deputy National Publicity Secretary, Comrade James Ezema, the CNPP highlighted the need for Nigeria to reclaim its status as a leader in democratic governance in Africa.
“The recent victory of Ghana’s President-Elect is a testament to the maturity and resilience of Ghana’s democracy,” the CNPP stated. “As we celebrate this achievement, we must reflect on the lessons that Nigeria can learn from our West African neighbour.”
The CNPP’s message underscored the significance of free, fair, and credible elections, a standard that Ghana has set and one that Nigeria has previously achieved under former President Goodluck Jonathan in 2015. “It is high time for Nigeria to reclaim its position as a beacon of democracy in Africa,” the CNPP asserted, calling for a renewed commitment to the electoral process.
Central to CNPP’s message is the insistence that “the will of the people must be supreme in Nigeria’s electoral processes.” The umbrella body of all registered political parties and political associations in Nigeria CNPP emphasized the necessity of an electoral system that genuinely reflects the wishes of the Nigerian populace. “We must strive to create an environment where elections are free from manipulation, violence, and intimidation,” the CNPP urged, calling on the Independent National Electoral Commission (INEC) to take decisive action to ensure the integrity of the electoral process.
The CNPP also expressed concern over premature declarations regarding the 2027 elections, stating, “It is disheartening to note that some individuals are already announcing that there is no vacancy in Aso Rock in 2027. This kind of statement not only undermines the democratic principles that our nation holds dear but also distracts from the pressing need for the current administration to earn the trust of the electorate.”
The CNPP viewed the upcoming elections as a pivotal moment for Nigeria. “The 2027 general elections present a unique opportunity for Nigeria to reclaim its position as a leader in democratic governance in Africa,” it remarked. The body called on all stakeholders — including the executive, legislature, judiciary, the Independent National Electoral Commission (INEC), and civil society organisations — to collaborate in ensuring that elections are transparent, credible, and reflective of the will of the Nigerian people.
As the most populous African country prepares for the 2027 elections, the CNPP urged all Nigerians to remain vigilant and committed to democratic principles. “We must work together to ensure that our elections are free from violence, intimidation, and manipulation,” the statement stated, reaffirming the CNPP’s commitment to promoting a peaceful and credible electoral process.
In conclusion, the CNPP congratulated the President-Elect of Ghana and the Ghanaian people on their remarkable achievements.
“We look forward to learning from their experience and working together to strengthen democracy in our region,” the CNPP concluded.
By Kenechukwu Aguolu
The proposed tax reform, involving four tax bills introduced by the Federal Government, has received significant criticism. Notably, it was rejected by the Governors’ Forum but was still forwarded to the National Assembly. Unlike the various bold economic decisions made by this government, concessions will likely need to be made on these tax reforms, which involve legislative amendments and therefore cannot be imposed by the executive. This article highlights the purposes of taxation, the qualities of a good tax system, and some of the implications of the proposed tax reforms.
One of the major purposes of taxation is to generate revenue for the government to finance its activities. A good tax system should raise sufficient revenue for the government to fund its operations, and support economic and infrastructural development. For any country to achieve meaningful progress, its tax-to-GDP ratio should be at least 15%. Currently, Nigeria’s tax-to-GDP ratio is less than 11%. The proposed tax reforms aim to increase this ratio to 18% within the next three years.
A good tax system should also promote income redistribution and equality by implementing progressive tax policies. In line with this, the proposed tax reforms favour low-income earners. For example, individuals earning less than one million naira annually are exempted from personal income tax. Additionally, essential goods and services such as food, accommodation, and transportation, which constitute a significant portion of household consumption for low- and middle-income groups, are to be exempted from VAT.
In addition to equality, a good tax system should ensure equity and fairness, a key area of contention surrounding the proposed reforms. If implemented, the amendments to the Value Added Tax could lead to a significant reduction in the federal allocation for some states; impairing their ability to finance government operations and development projects. The VAT amendments should be holistically revisited to promote fairness and national unity.
The establishment of a single agency to collect government taxes, the Nigeria Revenue Service, could reduce loopholes that have previously resulted in revenue losses, provided proper controls are put in place. It is logically easier to monitor revenue collection by one agency than by multiple agencies. However, this is not a magical solution. With automation, revenue collection can be seamless whether it is managed by one agency or several, as long as monitoring and accountability measures are implemented effectively.
The proposed tax reforms by the Federal Government are well-intentioned. However, all concerns raised by Nigerians should be looked into, and concessions should be made where necessary. Policies are more effective when they are adapted to suit the unique characteristics of a nation, rather than adopted wholesale. A good tax system should aim to raise sufficient revenue, ensure equitable income distribution, and promote equality, equity, and fairness.
-
Feature/OPED5 years agoDavos was Different this year
-
Travel/Tourism8 years ago
Lagos Seals Western Lodge Hotel In Ikorodu
-
Showbiz2 years agoEstranged Lover Releases Videos of Empress Njamah Bathing
-
Banking6 years agoSort Codes of GTBank Branches in Nigeria
-
Economy2 years agoSubsidy Removal: CNG at N130 Per Litre Cheaper Than Petrol—IPMAN
-
Banking2 years agoFirst Bank Announces Planned Downtime
-
Sports2 years agoHighest Paid Nigerian Footballer – How Much Do Nigerian Footballers Earn
-
Technology4 years agoHow To Link Your MTN, Airtel, Glo, 9mobile Lines to NIN