Dr. Muiz Banire
A PAPER BY: DR. MUIZ BANIRE, SAN, OON, LIFE BENCHER
INTRODUCTION
The crux of my presentation is essentially on the burden of a technocrat in a public office. As ever before, but worsening in contemporary period, a technocrat remains in a bad shape in its role in governance.
As the role of technocrats whittles down, concern must continuously be shown on the implication of such. This explains why today’s discourse is timely. Conceptually, technocracy is a form of administration where the decision-makers’ are chosen based on their expertise in each area of responsibility, particularly regarding scientific or technical knowledge. In a more practical use, technocracy is a model of government wherein officials are chosen for office based on their technical expertise.
2 In essence, technocrats abound in every field of human endeavour and are saddled with the basic responsibility of governance.
Similarly, technocracy signifies the technical management of society, where decision-making and governing powers are bestowed in experts who possess advanced knowledge or/and experience, of scientific or technological processes.
Without mincing words, it is accurate to say that the life of a Nigerian technocrat in public office is a tightrope walk as constant balancing between diverse and often conflicting forces becomes a major challenge. Politics, law, media pressure, and public perception all vie for their attention, thereby creating a complex and demanding environment. Thus, this presentation intends to give insights on the means of navigating the delicate balance amongst the competing influence of politics, law, media pressure, and public perception, towards maintaining sanity, good governance and delivery.
WHO IS A NIGERIAN TECHNOCRAT?
Technocrats, as used and generally acceptable by the stakeholders in a political parlance, are those with competencies in certain fields but are not politicians or active participants in politics.
3 Technocrats are typically professionals who have a deep understanding of technical subjects and use their expertise to contribute to policy-making and decision-making processes. A Nigerian technocrat refers to an individual from Nigeria who possesses expertise and knowledge in the field of technology and holds a prominent position in the Nigerian government or private sector.
One example of a Nigerian technocrat is Dr. Ngozi Okonjo-lweala. She is a renowned economist and development expert who has held several high-profile positions both internationally and within Nigeria. Dr. Okonjo-Iweala served as Nigeria’s Minister of Finance from 2003 to 2006 and again from 2011 to 2015. She played a crucial role in implementing economic reforms and policies during her tenure and is widely recognised for her expertise in financial matters. Some of us here are also examples of Nigerian technocrats, though with a blend of politics in the glorious days of governance.
It’s pertinent to emphasise that, the term “technocrat” can be applied to individuals from various fields, including finance, economics, engineering, surveying and other technical disciplines, depending on their expertise and involvement in shaping policies and governance.
Thus, in the practical sense of the concept within the Nigerian political space, it either refers to the technocrats who are members of the bureaucracy, or those who are experts in their fields and brought in by the politicians or political heads to assist the administration in the discharge of their mandate.
LAW, POLITICS, MEDIA PRESSURE AND PUBLIC PERCEPTION – THE NEXUS
Law and politics are complex and interrelated. Politics can significantly influence the laws introduced by parliaments. Political parties have their policies written in their manifestos, and when a party comes into power, they can influence the laws that will be introduced by the parliament. This particularly relates to the operations of the legislatures.
On the other hand, the law puts in place a system of checks and balances to ensure that politics do not dominate the law. The law serves as an essential tool in regulating the actions of the government, and how the government is structured, regulated, and controlled.
One of the ways politics and law are interrelated is that politics can view the law as a means for the fulfilment of certain political interests. In contrast, politics can also interpret the law as an obstacle to political goals. While politics can influence the law, several checks and balances are in place to ensure that politics does not dominate the law entirely. The law influences politics by regulating the conducts of public officials in the discharge of their duties. The 1999 constitution as altered seen as the ground norm of the Nigerians laws and other enactments serves this purpose.
In the same vein, law, politics and media pressure are related. Just as it has been established above that politics can significantly influence the laws introduced by the parliament. media can also significantly impact the way and manner politics and governance are operated.
Media are presumably opinion moulders beyond the role of dissemination of news. Power editorials of the media impacts the polity and at times set agenda for the government and the technocrats.
The law is also a significant factor that influences the kind of information that is being put out in the media. Media law regulates the way and manner the media perform their roles. The Nigerian Broadcasting Commission, NBC, is a governmental agency that regulates the kind of contents that can be broadcasted to the public. This must be in accordance with the law, however. For instance, in 2023, NBC sanctioned Channels Television and fined it the sum of N5,000,000 (Five Million Naira) for violating NBC Code in a programme with the Labour Party vice-presidential candidate.
5 Again, while the media has the freedom of expression and freedom to disseminate ideas and opinions guaranteed under Section 39 of the 1999 constitution, the law also restricts and limits the media from disseminating certain contents that are against public policy and against the laws of the land, or infringes on the right of others.
Furthermore, the media pressure also influences the kind of laws and policies that are being made. The media presumably serves as the voice of the public. There are several laws and policies that have been greatly influenced by pressure from the media.
Moving forward, the Public Perception perhaps is the most significant and influencing factor in law, politics, and media pressure. This makes sense because there is a maxim that says, ‘salus populi est supremnalex‘ which means the good/welfare of the people is the supreme law’. Government as an entity equally exists for the welfare, good and security of the people. Hence, the perception of the people as the governed matters in the administration of the government/leadership.
Without mincing words, this has played significant role in the governance of the country. An apt example is that of the disbandment of the Special Anti-Robbery Squad under the administration of General Buhari and the recent reversal of the cybersecurity levy. Evidently, the opinion of the public has shaped the public policies in no small way, at times in a negative manner. An illustration is the struggle by all politicians to do what is now called empowerment/poverty alleviation as they realise that the people are more inclined and disposed towards such short time dividends. Rather than therefore pursuing enduring and impactful projects for them, they relish in the myopic interventions.
The opinion of the public also influences the kind of laws that are enacted in the country. A good narrative is the enactment of the Same Sex Marriage Prohibition Act which mirrored the feeling of the people on the subject. In countries such as the United States of America and the United Kingdom, the perception of the public with respect to homosexuality is a friendly perception which is why the rights of lesbians, gay, bisexuals, transgender etc. are being advocated for in those regions and reflected in their legislations.
Furthermore, the influence of the perception of the public on the media in fact distinguishes the patronage of one medium over the other. The reach and the quality of programs aired is also a powerful determinant of the success or otherwise of the medium. Without the public, there is no media.
Conversely, politics, the law and media impacts the perception of the public. The public is subject to the laws of the land and the kind of laws we have is reflective of our behavioural patterns. Politics is also perceived by the people as a dirty game. Some people even view politics as a platform to eat out of or share the national cake.
We have gone this by way of foundation to demonstrate the interrelationship amongst the various factors and the interface towards unveiling the manner of putting pressure on a technocrat, prior to our ‘navigating’ the way out for the technocrat.
THE BURDEN OF NIGERIAN TECHNOCRATS IN PUBLIC OFFICES
In Nigeria, technocrats serving in public offices face several challenges, particularly regarding the offices they occupy. Although they may be versatile in the technical aspect of the assignment they are charged with, the environmental factors highlighted above confronts him. As indicated in the topic and demonstrated in the introduction, the challenges the technocrats face vary from politics, policies, law, media, and public perception. It is this connection that I intend to evaluate each one of the factors as it impacts the technocrat and the way to navigate safely.
THE LEGAL BURDEN OF NIGERIAN TECHNOCRATS
Law is a body of rules and regulations which are enacted by the legislators to serve as guidelines to the generality of individuals in the community in which it was enacted. Law is the discipline and profession concerned with the positively impacts of conduct of a community that are recognised in the community.
It is usually enacted by the legislators both the National and sub national levels. The 1999 Constitution, is the supreme law of Nigeria, prevailing over all other sources; Laws that are inconsistent with the constitution are void to the extent of the inconsistency.
7. The burden of technocrats in public office concerning law primarily lies in the bureaucratic nature of the framework set by the law.
A technocrat is ever impatient to achieve result within a space of time without any inhibitions. Due to his expertise, there are set ways in which things are meant to be done, but which is not calibrated into the law due to the ignorance of the legislators. The truth is that most legislations are enacted without the input of the professionals, thereby impairing the way and manner of execution by a technocrat. Most of the laws never leave room for the flexibility required in those technical areas, thereby strangulating initiatives of the technocrats. This is the beginning of the hurdles a technocrat faces.
Beyond this, is also the legal constraint of oversight by the legislators.
Most times, they never see things from the perspective of the technocrat. If the revelation from such oversight is something to go by, it most often turn out to be exploitative visit by the legislators, an act the technocrat is not used to. I recall the instance of Ms. Aruma Oteh of Security and Exchange Commission, SEC, whose budget was made to be zero because she refused to compromise.
8 She ultimately was frustrated from realising the objectives for which she was engaged.
In the face of this reality, the commencement step of the technocrat is to familiarise himself with the legal framework for his operations.
In this way, he is able to appreciate his challenges and subject it to interrogation by the legal experts for him. Peradventure, they may be able to fashion out formulae that will save him from any infraction while achieving the purpose for which he was engaged. Through this, he is able to align his vision and mission with the law.
There is however the possibility of the law being able to accommodate the vision and mission of the democrat, in that state, the technocrat must draw the attention of his appointor to the need to amend the law to effectuate the objectives. Another way of attaining the same objects is to seek and obtain regulations from the legislature that will enhance his operations. Most times now, those regulations must still be subjected to the resolution of the parliament. In this wise, he has no option than to be patient.
I am aware that some leaders of the technocrats often advise the side stepping of the law, I advise against same as when the repercussions surfaces, such leaders will no more be available for him. Besides, ignorance of the law is never an excuse, and aiding and abetting cannot exculpate him. This is the caveat here. The final way is to apply his own ingenuity is devising a way out of the legal conundrum.
Technocrats must also ensure that they are ever vigilant as to proposed legislations in their area so as to have input towards eliminating the potential legal constraint. Again, technocrats must avoid the compromise of the law at all times as they will end up being roasted by the parliamentarians who are politicians. This is automatic as technocrats are often rigid when it compromises to compromising their positions and themselves in the execution of their jobs. Their backgrounds most times do not empower them with illicit tools. The following are therefore recommended to enable a technocrat sail through legal hurdles while performing his duties:
Collaborate with Legal Experts: Beyond the initial legal consultation which is fundamental, routine advices with the legal unit or department of the organisation must be done. Building strong relationships and collaborating with legal experts can be immensely helpful. This collaboration can help technocrats navigate complex legal issues, identify potential legal risks, and ensure their policies and decisions align with the law. In this way, they will not run foul of the law.
Engage in Interdisciplinary Dialogue: Technocrats should actively engage in interdisciplinary dialogue with legal professionals, policymakers, and other stakeholders. This can involve participating in forums, conferences, and workshops where technical and legal experts exchange knowledge and perspectives to educate and enlighten them, particularly the legislators. This will also assist the court in the interpretation of the relevant laws. Such dialogue promotes a better understanding of each other’s challenges and can lead to the development of more effective and legally compliant policies.
3. Foster Accountability and Transparency: The technocrats must ensure that they ethical in their dealings. This enables them to be above board and avoid any contravention of the laws. In this respect, accountability and transparency must remain their watchwords
A Balancing Expertise with Democratic Processes: Technocrats are often appointed to bring their specialised knowledge to the decision making process in the public interest. However, they must also recognise the importance of democratic values and public participation. Balancing the need for technical expertise with democratic principles can be a challenging burden, requiring them to engage with stakeholders, listen to public concerns, and incorporate diverse perspectives into their decision-making processes. This provides a veritable platform of action for them.
5. Continual Learning and Adaptation: Laws and regulations evolve over time, and technocrats should stay updated on any changes that may impact their field. For instance, the Nigerian Constitution has been amended 5 times. They should actively engage in continuous learning to remain aware of legal developments and adapt their policies and practices accordingly. This can involve attending relevant workshops, seminars, or online courses focused on law and governance.
THE POLITICAL BURDEN OF NIGERIAN TECHNOCRATS
Politics is a multifaceted word. It has a set of specific meanings that are descriptive and nonjudgmental (such as “the art or science of government” and “political principles”), but it can and often does carry a negative meaning closely related to these (“political activities characterised by artful and often dishonest practices”).
9 It refers to almost any activity associated with the government. It can also have a narrower definition that means anything associated with people who seek to govern or are currently serving in the government. The word “politics” derives from the Greek word polis, which means “city.”
10 Technocrats often operate within political systems. Understanding the political landscape is very crucial for technocrats. The Nigerian political landscape is a dynamic and often turbulent one. Technocrats with their expertise and political approach, can find themselves caught in the crossfire/web of political agendas and power struggles and tussles. The truth is that technocrats are never liked nor embraced by the politicians. They often see them as aberrations and meddlesome interlopers that have come to share out of their birth right. They any day will always prefer the ones who understand their language. The politicians are ever naturally hostile to the technocrats. Technocrats must navigate these treacherous waters carefully, ensuring their decisions are guided by objective analysis and not swayed by partisan interests.
CHALLENGES:
1. Political Interference: Politicians often interfere with the work of technocrats, trying to influence their decisions to serve political interests rather than the greater good.
2. Lack of Autonomy: Technocrats may not have the independence to make decisions without clearance from political leaders, which can limit their ability to act effectively. This is mostly so because they are hired by the politicians and most times, are loyal to their employers, who they know have capacity to fire or dislodge them from those offices. Most importantly, objectivity is not a virtue to an average politician, his vision is shaped mainly by political considerations, regardless of such view being detrimental to the general good.
3. Bureaucratic Red Tape: The Nigerian public service is often plagued by bureaucratic delays, which can frustrate technocrats and hinder their ability to implement policies. This is a political cum administrative structure that is difficult to dislodge.
4. Limited Resources: Technocrats may not have access to the resources (financial, human, and material) needed to implement their policies and programs, once there is no window for pecuniary benefits for the politicians.
5. Lack of Institutional Memory: The frequent changes in government and political leadership can lead to a lack of institutional memory, making it difficult for technocrats to implement long-term policies or maintain or continue a subsisting legacy. Again, technocrats appointed from outside the bureaucracy often lack institutional memory essential to navigation. The solution here therefore lies in the engagement of one of them as an assistant, technical, special or personal as the technocrat deems fit.
6. Corruption: The prevalence of corruption in Nigeria can undermine the effectiveness of technocrats and create an environment of mistrust. It is not news that the country has been notorious as one of the most corrupt countries in the world. As corruption is entrenched in the system, survival of the technocrat is contingent upon his ability to scale the challenge. Addressing the issue of corruption requires the strengthening of institutions such as the civil service, judiciary, and legislature. Also, strengthening the electoral process in a manner that credible leadership will emerge.
This expectedly will lead to merit based appointments that will enhance governance. It is of vital importance is the securing of the tenure of the technocrats so that such does not exist at the pleasure of the politicians. It is when this happens that technocrat are able to safely navigate the challenges.
PROPOSED SOLUTION:
1. Transparency and Accountability: Promoting transparency and accountability in government can help to reduce corruption and create an environment of trust that will avail the technocrats the capacity to resist any form of pressure.
2. Long-Term Planning: Encouraging long-term planning and policy making can help to create a sense of stability and continuity and shield the technocrats from the undue pressures associated with the toxic environment they work.
3. Civil Service Reformation: Reforming the civil service to make it more efficient, effective, and responsive with the necessary safeguards of resisting pressures can help.
4. Encouraging Technocratic Leadership: Encouraging technocrats to take on leadership positions can help to checkmate the environmental factors that the technocrats are subjected to.
5. Implementing Reforms: Promoting and implementing reforms that promote good governance, such as the establishment of independent regulatory agencies, can help to reduce if not eliminate the political pressures that technocrats are subjected to.
THE BURDEN OF A NIGERIAN TECHNOCRAT AND MEDIA PRESSURE
The media plays a significant role in shaping public opinion and can exert immense pressure on technocrats. Sensationalised reporting, biased commentary, and relentless scrutiny can make it challenging for technocrats to communicate their decisions effectively and maintain public trust.
Technocrats must develop strong communication strategies and engage with the media in a transparent and accountable manner.
Technocrats need to develop a media strategy that outlines their communication goals, objectives, and tactics. Some of the factors birthing the seeming hostility are communication gap, a rising from lack of information or clarity in the acts of the technocrats, lack of media literacy, inability to meaningfully engage the media, particularly proactively. This requires media training to enhance their communication skills, enabling them to effectively engage with the media and the public.
CHALLENGES:
1. Stereotyping and bias: The media at times perpetuate negative stereotypes about technocrats, portraying them as out of touch with the needs of the people or as being overly bureaucratic and rigid.
Technocrats can resolve this through stakeholders’ engagements such as town hall meetings, media parley/interactions. Routine press releases can also help in this regard.
2. Information management: Technocrats are often stingy with information management and dissemination to the media, thereby subjecting the media to guess work. This, where adverse, puts pressure on the technocrats due to their own omission. The solution lies in fostering positive relationships with the media by engaging in regular briefings, press conferences, and interviews.
3. Limited media access: Technocrats in rural or remote areas may have limited access to media outlets, making it difficult for them to reach a wider audience. In such instances, wrong reportage could become the order of the day. Proactiveness becomes essential, even if it be through the social media. They need to leverage social media platforms to reach a wider audience, bypassing traditional media gatekeepers.
4. Cultural and linguistic barriers: These often leads to miscommunication and misinformation, thereby unduly putting pressure on the technocrats. The solution here lies in engaging a competent media guru to manage the various identifiable challenges.
By addressing these challenges and implementing these solutions, Nigerian technocrats in public office can more effectively engage with the mass media, promoting a better understanding of their policies and decisions, and reducing if not eliminating any form of media pressure.
PUBLIC PERCEPTION
Finally, technocrats are accountable to the public they serve, Public perception can be determined and influenced by a variety of factors including media coverage, political rhetoric, and personal experiences.
Technocrats must strive to earn the trust of the public by demonstrating competence, integrity, transparency, result outcome, and a commitment to serving the best interests of the nation.
NAVIGATING LAW, POLITICS, MEDIA PRESSURE AND PUBLIC PERCEPTION
As noted earlier, being a Nigerian technocrat in public office can indeed be a challenging task, given the delicate balance you need to maintain between politics, law, media pressure, and public perception. In rounding up, here are some key take-home and strategies to navigate these complexities:
TAKE-HOME:
1. Uphold the Rule of Law: As a technocrat, it is crucial to prioritise the rule of law and ensure that your actions and decisions are in line with legal frameworks. Adhering to established procedures and laws helps maintain transparency and accountability, which can bolster public trust in your role. Always follow the law and ensure that your decisions and policies are complying. This can help you to avoid legal challenges and maintain public trust. It can also shield you against any sort of blackmail or onslaught.
2. Stay Informed and Educated: Stay updated on the latest developments in your field, both domestically and internationally. Being knowledgeable and well-informed positions you to effectively communicate your policies to the public and the media thereby gaining their confidence.
3. Transparency and Communication: Maintain open lines of communication with the public, media, and stakeholders.
Proactively share information, explain your decision-making processes, and provide updates on your initiatives. Transparent communication helps dispel misconceptions, build trust, and manage public perception. Communicate effectively. Clear and effective communication is key to managing media pressure and public perception. Be open, honest, and transparent in your dealings generally. Take the time to explain complex issues in a way that is easy for the public to understand, and never reveal your pressures; or let loose your frustration, anger or venom. Always be calm. Doing otherwise might suggest something else.
4. Build Alliances and Networks: Establish relationships and collaborate with other technocrats, professionals, and experts in your field. Engaging with like-minded individuals can provide support, foster innovative solutions, buffer and enhance your ability to navigate political and public pressures. Building relationships with politicians, the media, and other stakeholders without compromising your ideals is crucial as it will help you to better understand their perspectives and build support for your initiatives.
5. Engage with the Media: Develop a media strategy to effectively communicate your policies, achievements, and challenges. Regular press briefings, interviews, and public appearances can help shape public perception and counter negative narratives.
However, be cautious of media sensationalism, and ensure that your messaging remains accurate and aligned with your objectives.
6. Stakeholder Engagement: Engage with various stakeholders, including civil society organisations, interest groups, and community leaders. Seek their input, address their concerns, and involve them in decision-making processes where feasible. This inclusive approach can help build support and legitimacy for your initiatives.
7. Monitor Public Opinion: Stay attuned to public sentiment and perceptions through opinion polls, surveys, and social media monitoring. Understanding public concerns and aspirations can enable you to address them effectively and adapt your policies when necessary.
8. Balance Political Realities: Recognise that politics plays significant role in public office. While maintaining your integrity and commitment to technocratic principles, understand the political landscape and build relationships with key political actors. Finding common ground and forging alliances can help advance your agenda and navigate political challenges.
9. Continual Learning and Adaptation: Be open to feedback, learn from your experiences, and adapt your strategies accordingly.
Public office is a dynamic environment, and being receptive to new ideas and perspectives can enhance your effectiveness over time.
10.Stay Neutral: When it comes to politics, it’s important to remain neutral. Avoid taking sides or getting involved in party politics. Instead, focus on delivering results for the people you serve.
11. Seek Advice: Don’t be afraid to seek advice from experts in fields outside of your own. This can help you to make informed decisions and avoid costly mistakes.
12. Stay Resilient: Public office can be a challenging and stressful environment, so it’s important to stay resilient. Surround yourself with a supportive team and take care of your mental and physical health.
13. Put the People First: Above all, always put the people you serve first. Remember that you are in a public office to make a positive impact on their lives. Stay focused on this goal, and you will be able to navigate the delicate balance between politics, law, media pressure, and public perception.
CONCLUSION
As I conclude, let me not forget to register the point that in house technocrats are now in more precarious situation. They are not only demoralised by insecurity of tenure; terminal growth for them is becoming an illusion. They therefore hardly have much to look up to again. Worse still is their remuneration package that has pushed them into penury. Politicians treat them as dregs, affording them no serious recognition. Consequently, not the best in recent times is derivable from the in-house technocrats who now have joined the bandwagons of politicians to scoop whatever they can access while in office. This is the country’s story. Finally, it is important to remember that the challenges you face as a Nigerian technocrat in public offices are not unique to you alone. Collaborating with colleagues, seeking guidance from mentors, and learning from successful examples can provide valuable insights and support in navigating this complex landscape.
I thank you for being part of this presentation.
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