President Bola Tinubu’s decision to end the roughly forty (40) years of subsidizing petrol pump prices on the very day of his inauguration—May 29, 2023—is a prime example of the use of executive orders, one of the three (3) legitimate tools of governance. Subsequently, the long-standing policy of maintaining a fixed exchange rate for the naira against foreign currencies, which had been in place for several decades, was also discontinued.

As a consequence of these two (2) drastic reform measures implemented through executive orders, the Nigerian economy went into a tailspin, recording an inflation rate of over 34%. However, stability is now gradually being restored, much to the relief of the current administration and the long-suffering people of Nigeria.

Below is how President Tinubu issued these two (2) executive orders in his inaugural speech on May 29, 2023, which triggered socioeconomic turmoil:

 "We commend the decision of the outgoing administration in phasing out the petrol subsidy regime which has increasingly favoured the rich more than the poor. Subsidy can no longer justify its ever-increasing costs in the wake of drying resources. We shall instead re-channel the funds into better investment in public infrastructure, education, health care, and jobs that will materially improve the lives of millions.

Continuing, President Tinubu stated:
"Monetary policy needs a thorough housecleaning. The Central Bank must work towards a unified exchange rate. This will direct funds away from arbitrage into meaningful investment in the plant, equipment, and jobs that power the real economy."

Then he concluded by saying "Interest rates need to be reduced to increase investment and consumer purchasing in ways that sustain the economy at a higher level.

"Whatever merits it had in concept, the currency swap was too harshly applied by the CBN given the number of unbanked Nigerians. The policy shall be reviewed. In the meantime, my administration will treat both currencies as legal tender."
It was not surprising that after the speech, hell was let loose as the price of petrol shot up as high as N1,300 per liter shortly after. But today it is selling for a little over N800 naira per litre.

In the twenty-two (22) months since President Bola Tinubu assumed leadership of Nigeria following his victory in the presidential election held on Saturday, February 25, 2023, he has directed the affairs of the country from Aso Rock Villa, Nigeria’s presidential seat of power. His policies, to say the least, have been revolutionary, leading to an unprecedented rise in the cost of living thankfully is currently on a downward slope heading towards stability.

Since taking office, as highlighted earlier, the president has leaned heavily on executive orders rather than relying on traditional legislative and judicial processes. Generally, President Tinubu’s preference for executive orders appears to have been proven to be more efficacious for his administration compared to conventional governance methods—or so it seems.

This article seeks to assess the veracity of that assumption by conducting a comparative analysis of the three primary approaches to governance in a democratic setting: leveraging executive, legislative, and judicial instruments. To achieve this objective, we must examine the merits and demerits of these tools, particularly in the context of Nigeria under President Tinubu’s leadership.

Before delving further into the effectiveness of these governance tools in Nigeria’s democratic environment, it is appropriate to take a brief look at how executive, legislative, and judicial powers have been applied in democracies around the world.

For a holistic assessment and understanding of governance tools, it is pertinent to trace their origins back to ancient times—specifically, to Cleisthenes in Athens, Greece, in the 6th century BC, where democracy was first introduced. It was later nurtured by thinkers like Aristotle and Cicero.

We will also examine France, where democracy was further refined under the influence of Enlightenment philosophers such as Alexis de Tocqueville, Montesquieu, and Jean-Jacques Rousseau.

Next, we will consider India, the world’s largest democracy with a population of 1.4 billion. Finally, we will reflect on the United States of America (USA), the world’s foremost democratic nation and leader of the free world, from which Nigeria borrowed its current presidential system of governance.

To carry out this analysis effectively, below is a comparison of the three (3) well-established governance tools in democratic settings: Executive Orders, Legislative Procedures, and Judicial Actions.

Executive Orders
1. Definition: Official directives issued by the head of state or government, outlining policies, decisions, or actions. A notable example is the United States, where President Donald Trump extensively leveraged executive orders to fast-track the implementation of his far-reaching policies under the “Make America Great Again” (MAGA) agenda.
2. Purpose: Enables swift decision-making, bypassing legislative delays.
3. Characteristics: Binding, enforceable, and often irreversible without subsequent orders or legislation.
4. Examples: Executive orders issued by US and Nigerian Presidents. US President Donald Trump issued an avalanche of executive orders in less than 60 days of occupying the White House as president. So also, president Tinubu in Nigeria issued at least two well-known executive orders with highly consequential effects.

Legislative Procedures
1. Definition: The formal processes by which laws are created, amended, or repealed by elected representatives.
2. Purpose: Ensures representation, deliberation, and accountability in lawmaking.
3. Characteristics: Involves debate, voting, and potential amendments.
4. Examples: US Congressional lawmaking, Nigerian National Assembly legislative processes.
5. Observation: Notably, policies processed through this method—such as the four (4) tax reform bills—are still stuck in the National Assembly, awaiting legislative approval. This aspect will be examined further later in this discussion.

Judicial Actions
1. Definition: Decisions, rulings, or orders issued by courts to interpret laws, resolve disputes, or enforce rights.
2. Purpose: Uphold the rule of law, protect individual rights, and provide checks on the executive and legislative branches.
3. Characteristics: Binding, precedent-setting, and subject to appeal or review.
4. Examples: US Supreme Court decisions, and Nigerian Supreme Court judgments.
5. A typical example in Nigeria is the Supreme Court judgment on local government financial autonomy. Long after the ruling, local governments’ financial autonomy has yet to be implemented. The Punch newspaper reported yesterday, Monday, March 17, that state governors are lobbying the federal government to delay implementation. We will delve deeper into this issue later in this discussion.

To fully grasp how the three (3) governance tools function in a democracy, it is essential to analyze their characteristics, advantages, and disadvantages. Different presidents apply these tools based on a needs assessment, balancing efficiency with democratic accountability.

Comparison of Governance Tools

Executive Orders
• Definition: Swift, binding, and enforceable directives issued by the head of state to expedite decision-making.
• Advantages: Efficient, allows rapid crisis management, bypasses legislative gridlock.
• Disadvantages: Can be abused or misused as it bypasses legislative oversight.

In the US, former President Donald Trump issued a raft of executive orders on his first day in office, a practice that critics viewed as an abuse of power. However, his supporters—who were in the majority, as he defeated his opponent Kamala Harris in the November 5, 2023, presidential election—argued that he needed speed to fulfill his agenda within the four (4) years of his term. Given the constraints of time, Trump prioritized executive orders over legislative or judicial processes to deliver on his campaign promises.

Legislative Procedures
• Definition: The process by which laws are created, amended, or repealed through debate and voting in a legislative body.
• Advantages: Ensures representation, deliberation, and accountability.
• Disadvantages: Can be slow, prone to gridlock, and influenced by special interests.

A key example in the US is the overturning of Roe v. Wade, a landmark ruling that guaranteed women the right to make reproductive decisions without government interference for over half a century. The influence of special interests was evident in this decision.

Similarly, in Nigeria, some northern leaders fear that the proposed tax reform bills—particularly the provision allowing about 60% of Value Added Tax (VAT) revenue to remain in the states where it is generated—would disadvantage their region. This has led to opposition to the reform, despite assurances from the Tax Reform Committee Chairman, Taiwo Oyedele, that these concerns are unfounded.

Judicial Actions
• Definition: Court rulings that interpret laws, resolve disputes, and check the powers of the executive and legislature.
• Advantages: Binding, precedent-setting, upholds the rule of law, and protects individual rights.
• Disadvantages: Can be slow, dependent on judicial independence, and open to interpretation.

For example, the legal battle over local government autonomy in Nigeria went from lower courts to the Supreme Court. Yet, despite the ruling, implementation has been stalled. Another example is the controversy over the rightful Emir of Kano between Sanusi Lamido Sanusi and Ado Bayero. The multiple interpretations of court rulings in that case resulting in a lacuna highlight the challenges of relying on judicial decisions for governance.

Interplay of the Three Governance Tools

As the analysis above reveals, each governance tool has strengths and weaknesses. A skilled and politically savvy president must know when to apply each tool to achieve the desired outcome.

Ideally, in a democracy, these tools interact and balance one another:
• Executive Orders can be challenged or overturned by legislative or judicial actions.
• Legislative Procedures can be influenced by executive orders or judicial interpretations.
• Judicial Actions can be affected by executive orders or legislative changes.

This dynamic is currently playing out in the US, where courts have suspended several of President Trump’s executive orders. Given that he has only one term to implement his policies, he is using the governance tool that allows him to act swiftly—though these decisions remain subject to legal challenges.

The balance of power among the executive, legislative, and judicial branches ensures that no single branch dominates, thereby promoting accountability, representation, and the rule of law.

Tinubu’s Use of Executive Orders: A Case Study

Against this backdrop, Nigerians should critically assess President Tinubu’s decision to declare “petrol subsidy is gone” during his inaugural speech on May 29, 2023. It is a statement that he has revealed was unscripted and spontaneous.

Many Nigerians have criticized him for not consulting widely before making such a declaration, given the profound impact it has had on both rich and poor citizens. However, in light of the governance tools discussed above, would Tinubu’s critics—those who opposed the decision for genuine, non-partisan reasons—still hold the same view?

Tinubu’s reliance on executive orders to remove the petrol subsidy and float the naira must be evaluated against the slow pace of legislative and judicial processes. For instance:
• The tax reform bills, first introduced in the National Assembly on October 8, 2024, remain stuck in the legislative process.
• The Supreme Court ruling on local government autonomy, delivered on July 11, 2024, is yet to be implemented.

In contrast, Tinubu’s executive actions on fuel subsidy removal and exchange rate unification were swiftly executed and are now yielding positive economic results. Given that Nigeria’s economy was on the brink of collapse, he likely saw no alternative but to act decisively to prevent further decline.
This is the point some of us have been strenuously trying to put across to critics over the past 22 months of Tinubu’s watch.

Conclusion

Understanding the strengths and weaknesses of governance tools helps in evaluating a leader’s decisions. While legislative and judicial processes ensure democratic accountability, they can be slow and prone to political interference. Executive orders, though expedient, carry risks of overreach.

However, in Tinubu’s case, his controversial approach but a display of political adroitness is arguably necessary to avert the economic disaster that was imminent in our country.
With the benefit of hindsight, Nigerians must ask: Did Tinubu act recklessly, or was his decision a necessary intervention to stabilize the country?

Ultimately, governance is about making tough choices, and the effectiveness of any leader depends on their ability to navigate the complex interplay of executive, legislative, and judicial powers.
By and large executive orders have proven to be a more efficacious governance tool if time constraints are a significant factor as they save time and allow a dynamic president to cut through the bureaucratic bottlenecks to quickly achieve set goals.
The above strategy is exactly the methodology that President Tinubu has adopted to achieve success in his deep reforms which peaked in less than 18 months after which the negative consequences petered out and the positive gains began to manifest before the midterm of his administration which is coming up on 29 May- mere two months.
Imagine if Tinubu had applied the legislative or judicial option in governance to the issue of petrol subsidy removal, and elimination of multiple naira exchange rate windows, they would still be in operation and Nigeria would be mired in retrogression as it has been in the past four (4) decades (1984/5) or so since the nation was advised by development experts and institutions against retaining the obnoxious subsidy on petrol and buffeting the naira which we all agree were wrong-headed policies but which no leader in the past had the guts or gumption to end.

Being the astute political strategist that he is, my prediction is that President Tinubu will not introduce any new policies that would discomfit Nigerians until he seeks re-election in 2027 and returns to Aso Rock Villa as the winner of the 2027 presidential election. Thereafter, he will tackle the challenges of industrialization which will be driven by a revolution in electricity power generation, transmission, and distribution which is a necessary precondition to industrial take-off that we all crave since it is the only sure path to prosperity for all Nigerians.

Magnus Onyibe, an entrepreneur, public policy analyst, author, democracy advocate, development strategist, Fletcher School of Law and Diplomacy alumnus, and former Delta State commissioner (2003-2007).