The Concept of Executive Privilege

The Concept of Executive Privilege by Dr Gbenga Adefulu

Executive Privilege (EP) simply means special advantage, benefit, right or honour enjoyed by one person over another. The operative words are “special” and “over”, both of which are central to the definition and practice of the EP concept. The special advantage enjoyed by one party can either be inherited, assumed, naturally conferred or legally obtained. EP manifests in relationships, discussions and engagements between two parties. It is usually unwritten but is experienced and observed in practice. It manifests in various ways and has many use cases. Persons who understand the concept of EP and use it wisely are highly likely to succeed and/or record greater achievements compared to those who fail to understand and apply the concept. EP manifests in the office, in families, in marriages, in politics and so many other places. EP will be illustrated with four use cases in different spheres of life below.

At work: In an office, two officers (Tolu and Fola) on the same grade had a misunderstanding on the approach to a project. Arguments went back-and-forth and became very heated. Tolu verbally attacked Fola and questioned his competence and qualifications. Fola returned fire by raining curses on Tolu. It is fair game because both officers are equals. Ideally, both officers should have restricted the attacks to the project/work and not their persons. In the same office and at another time, the boss (Gbenga) of both officers disagreed with Fola on an issue. Gbenga rained expletives on Fola. Fola never replied or talked back at his boss. That’s EP in practice. Fola gave the Gbenga a special honour, right, reverence or benefit by not replying him. Why? Because the boss can do and undo. Had he replied, he would have been out of job. Fola understood that in this new situation, he was dealing with the boss and not Tolu, an equal and so he behaved himself. Gbenga in turn sees Fola as a ‘gentle’ and ‘respectful’ officer who will never challenge him. He likes him for that. But why should a boss verbally assault Fola given that both of them are humans and equal before the law? That’s executive privilege in action. A privilege (authority) conferred by the company on the boss.

In the family: In a family especially in Africa, there is unwritten seniority among siblings. That seniority comes with privileges. If a twin (Amir and Amira) were to share 6 apples for example, they will most likely get 3 apples each. Contrariwise, if Amir (a 7-year old) were to share 6 apples with his elder brother, Tunde, a (10-year old), the apples could be shared in the ratio 2 to 4. 2 for Amir and 4 for Tunde and it would be deemed fair. But why should Tunde get more than Amir given that they are both siblings? That’s executive privilege in action. A privilege (seniority) conferred by nature on Tunde. In sharing family inheritance, it is the same reason why male children are given more wealth or properties than female children.

In marriage: In marital relations, the husband is the head and leader of the home. For example, if there 5 pieces of meat to be shared, the husband can take 3 and wife takes 2. Why should the husband get more than the wife? That’s executive privilege in action. A privilege (right) conferred by God/nature on the husband. While a husband can leave home without informing the wife (which is not a good thing), a wife dares not leave home without telling the husband her whereabouts? It is executive privilege in action. It may seem unfair but such is life. A lady who is intent on making success of her marriage must learn to overlook somethings and not claim equal right with the husband. It is a dangerous path to thread. It is the same reason why a man can marry more than one wife but a lady cannot. It is simply executive privilege in action. It is the same reason a man can have multiple baby mamas and would be celebrated by society. A woman will be ashamed to parade children from multiple men. Society frowns at that. It is a man’s world. It is executive privilege in action.

In politics: In politics, an appointee (commissioner) must respect his principal (governor). While two commissioners can relate on equal basis and share things equally, it is a different ball game when it comes to governor-commissioner relations. Were a commissioner to disagree with the governor on an issue, it must be done respectfully and politely. Disrespectful attitude by one commissioner to a co-commissioner will likely go without any consequences. However, disrespectful attitude by a commissioner to a governor can get the commissioner fired. Why should this be the case? That’s executive privilege in action. A privilege (power) conferred by the state on the governor.

From the illustrations above, it may seem unfair that that same incidents are treated differently and everyone looks away. Such is life. For people who want to go far in life and succeed be it at work, marriage, family, politics, they must understand EP and use it to their advantage. The synonym of EP is strategic wisdom. With EP, you know when you have leverage or not. It will not fail you.

 

Dr Gbenga Adefulu, an economist, digital media consultant and public affairs analyst writes from Ikeja, Lagos. He can be reached through drgbengaadefulu@yahoo.com and blogs at https://gbengaadefulumusings.blogspot.com/