ABSTRACT
The legislature which is a very
important institution and arm of government in any civilized democracy is
indeed, where the real representation of the people is most manifest, in the
sense that it is the arm of government where the majority of the elected
representatives of the people are concentrated. It is important also because it
serves the critical function of check and balance in a democracy. It is unique
in the sense that it is saddled with the main responsibility of law making. The
importance of the legislature in a democracy like ours (Nigeria) is underscored
by being provided for in the constitution of this country. All aspects of the
legislature, ranging from its composition, structure, administration, process
and procedures of its operations, to its powers, duties and responsibilities
have been spelt out in the constitution of the Federal Republic of Nigeria
(1999) as amended.
CHAPTER
ONE
INTRODUCTION
The existence of a functioning
legislature gives or contributes enormously to the democratic development of a
nation and even in the areas of economic and human development. The legislature
therefore remains an important organ of the state that should be protected.
There
is no doubt that members of the legislative chambers nationwide have not helped
themselves and the hallowed institution that they represent by their acts which
are less than honourable. Notwithstanding the above, the legislature is a
strong catalyst to national development. This is true if we consider the pride
of place which the legislature enjoys among the organs of government,
especially in democratic countries. It is the central organ as it makes laws
which are interpreted and executed by other organs of government. This law
making function constitutes the expression of the sovereignty of the state.
1.1 The Meaning of the Legislature
The
legislature may simply be defined as a body of persons or institution of the state
vested with the law making powers/functions of the state. According to Arvind
Kumar, “the legislature has been described as the nations committee of
grievances, and its congress of opinions.”[1]
The learned writer also quoted Leacock definition which stated that:
By
legislature, we mean a body of elected representatives of the people, whose
main function is to deliberate, discuss and make laws.
The legislature has also been defined
as “an assemblage of the representatives of the people elected under a legal
framework to make laws for the good health of the society.”[2]
Okosi Simbline defined it in the following word:
The
institutional body responsible for making laws for a nation and one through
which the collective will of the people or part of it is articulated, expressed
and implemented.[3]
Harnessing from our knowledge of the
foregoing, it would be safe to conclude reasonably that the legislature
occupies a vital position in the life and success of any government
particularly a democratic one.
1.2 Evolution of the Nigerian Legislature
An examination
of the history of the Nigerian legislature will logically take us back to how
our relationship with the United Kingdom influenced our legal system since they
happen to be our colonial masters. Hence I will in this essay trace the history
of the legislature from the period of evolution of parliament in England to the
current republic.
It was in the
thirteenth century that representative legislature began in England. As far
back as the tenth century the British King constituted a council of wise men
called the Witan to assist the crown. And during the Norman period, the body of
wise men that assisted the King was enlarged, it was then called the Magnum
Council or Great council. The council were not representatives of the people.
It was not until 1265 that the representatives of the common people were
invited to vote on tax proposal. This act serve as a precursor of a model
legislature.
During the
reign of Edward III the Magnum council became known as the parliament. The
common people (burgesses) and knights sat in one house which later became the
House of Commons. The barons and the clergy sat in a separate house which
became the House of Lords. By this the British Parliament became bicameral[4].
The parliament grew and assumed powers after the English Civil war which were
exclusive, a situation that led Blackstone to boast that the power of the
parliament is “absolute despotic power and without control.”[5]
The history of
the legislature in Nigeria can
be said to have started after the annexation of Lagos
According to
records, elective representation was first introduced into city or town
councils. In May 1919, the colonialists granted elective representation for the
Lagos Town Council. This led to the first recorded election in Nigeria on March
29, 1920 into the Lagos Town Council. In that election, the following natives
were elected: Mr. A. Folarin, Dr. A. Savage and Mr. G.D. Agbebi.[6]
Owing to the
nature of the council, the Lagos wing of the National Congress for British West
Africa (NCBWA), a sub-regional body of African intellectuals sent a delegation
in 1920 to London to demand for a Legislative Council for each of the British
colonies in West Africa, including one half of members who would be elected
Africans and the other half nominated. Although the British rejected the
demands of the congress tagging them as “self-elected and self-appointed
congregation of educated African gentlemen,” the move led to a reform of the
legislative council in the colonies which further gave birth to the 1922
constitution of Nigeria, usually referred to as the Clifford Constitution.[7]
With the
introduction of the Clifford Constitution the legislative council created was
composed partially in elected members as well as unelected ex-officio members
who were made of 27 colonial officers, 15 unofficial members nominated by
colonial officers and the four elected members were Africans. The legislative
council consisted of 46 members wherein the elected members were the minority.
The council played more of an “advisory” than “legislative” role. The council
could actually legislate on few things but were subordinate to the Executive
council.[8]
The Richard
Constitution expanded the ratio of the members and the legislative authority of
the Council to legislate for the whole country.
The 1946
constitution also established regional councils but were without legislative
powers. They merely reviewed any proposed legislation by the central council in
Lagos, and also played advisory role for the regional Governor.
As the
agitation by Nigerian nationalist for self rule and political independence
intensified, the John Macpherson Constitution of 1951 came into being. It was
this constitution that introduced a House of Representatives to legislate for
the whole of Nigeria.[9]
This was followed by the Lyttleton Constitution of 1954 which provided for two
lists of legislative powers (Exclusive and Concurrent legislative lists),
exercisable by the Federal and regional government. The 1957 London Conference
which ushered in independence in 1960 saw to the dissolution of the Federal
House of Representatives in 1959 proposing a bicameral legislature.
Following
Nigeria’s independence, the 1960 independence constitution established a bicameral
legislature at the centre- the senate and the House of Representatives. Nigeria
later attained a Republican status in 1963. The first Republic Parliament
survived for only 3 years and was disbanded by the first military coup in 1966.
The Federal legislature did not return until the Second Republic in 1979[10].
Thus, the history of the Nigeria’s legislature is riddled with disruption,
re-establishments and reforms. The legislature of the Second Republic lasted
for about 5 years after which the military intervened. And the legislature of
the Third Republic lasted only a few months before it was brought to an abrupt
end by the military government of General Sanni Abacha.
Now under the
fourth Republic, the legislature has endured uninterrupted legislative activities
from 1999 till date. The 1999 constitution retains the bicameral legislature at
the centre[11]
which was contained in the 1960 constitution, but unlike the British style
parliamentary government, under the 1979 constitution and the current 1999 constitution
Nigeria embraced the American type congress or National Assembly. The National
Assembly is currently made up of 469 legislators who are all elected, with 109
as senators, the remainder of 360 members are of the House of Representatives.
1.3 The Roles of the Legislature
The role
performed by the legislature in a democracy and the extent to which the role is
performed vary with the system of government in place; as well as differ from
one country to another. However there is a general role performed by legislatures
the world over. According to Fish and Kroenig, the study of modern government
and politics involving contemporary nation-states is impossible without an
appreciation of the role of the Legislature.[12]
Fashagba
opined that the roles often ascribed to the legislature in modern democracies
include representation, law-making and oversight roles.[13]
According to Idedioha:
In
simple terms, the legislature performs three basic roles, namely: lawmaking,
representation and oversight. So, in the House of Representatives, we make
laws, we carry out representative functions on behalf of the people… and we
oversight the executive arm of government… to ensure that government is held
accountable to the people from where it derives its sovereignty.[14]
I will now consider briefly these
three basic roles and how the legislature has fared in performing such roles
under the current democratic dispensation.
Lawmaking
Role: section 4 of the Constitution vest on the legislature the legislative
powers of the Federation. Under the above section 4, the legislature is
empowered to make laws for the peace, order and good government of the
federation. The legislative powers are divided into the Exclusive Legislative
list, concurrent legislative list and Residual Legislative List. The National
Assembly is empowered to legislate no matters listed in the exclusive list to
the exclusion of the House of Assembly of States. It shared with the States’
House of Assembly power to legislate no matters itemized on the concurrent
Legislative list.[15]
Under
the lawmaking role, the legislature is saddled with the power of appropriation.[16]
Much of the influence the legislature enjoys is derived essentially from its
powers of appropriation.[17]
If this power is effectively deployed, it will by no little measure influence
National development.
Representation
Role: Effective
legislature connect people to their government by giving them a place where
their needs can be properly articulated. In modern democracy (representative
democracy) a small number of percentage of the people are elected by the
citizenry to represent their interest. The legislature in discharging its
lawmaking and over-sight function, representation should be its primary
consideration. Odinga commenting on this role of the legislation observed thus:
If
the constitution is the embodiment of the aspirations, ideals and collective
will of the people, the parliament is the collective defender and watchdog of
the aspiration, ideals and collective will of the people. If the constitution
is the social contact between the people and their government, the parliament
is the advocate for the people and the arbiter of the national interest… the
parliament is the repository and protector of the oracles of the political
covenant and social contract between the people and their government.[18]
Oversight
Role: The
legislature is constitutionally mandated as the institution through which
government are held accountable. This it does by acting as watch-dog over the
actions and policies of the other organs of government like the executive.
Professor Itse Sagay, SAN at a public lecture he delivered to mark the 47th
birthday of Michael Opeyemi Bamidele on the 27th of July, 2010, the
learned senior Advocate relying on John Stuart Mill, submitted that the
legislature has duty to watch and control the government (executive), to compel
a full exposition and justification of all of them which anyone considers
unquestionable. He further submitted that if this duty is effectively
discharged, the legislature’s critical function would produce an attitude of
responsibility and restraint in the executive. And that for the legislature to
play the role effectively, its own hands must be clean and its house put in
order.[19]
The
legislature’s oversight role or powers are contained in section 82-89 with
regard to the National Assembly, and section 120-128 with regard to the State
House of Assembly. Under the said sections, the legislature shall have power to
direct or cause to be directed investigation into:
a.
Any matter or thing with respect to which it has
power to make laws,
b.
The conduct of affairs of any person, any
authority ministry or government department charged, or intended to be charged
with the duty of or responsibility for-
i.
Executing or administering laws enacted by the
National Assembly and
ii.
Disbursing or administering moneys appropriate or
to be appropriated by the National Assembly.
The power conferred on the legislature
are exercisable only for the purpose of enabling it to expose corruption,
inefficiency or waste in the execution or administration of laws within its
legislative competence and in the disbursement or administration of funds
appropriated by it.
The
constitutional power to participate in budgetary appropriation gives the
legislature the needed influence to shape governance for national development.
1.4 Power of the Legislature under the 1999
Constitution
The
legislature is the foremost arm of government in a constitutional democracy. It
is saddled with the responsibility of lawmaking within the ambit of the constitutional
provisions of the country. Thus, the legislature is a vital institution charged
with the basic role of enacting, repealing, revising and reviewing existing
laws for the development and well being of Nigeria and Nigerians.[20]
Section 4 of
the 1999 constitution of the Federal Republic of Nigeria makes clear provisions
for the exercise of legislative powers by both the National Assembly and the
States Houses of Assembly which power must be exercised for the purpose of
achieving peace, order and good government of the Federation. This power to
make legislations is exclusive in the sense that interference from other arms
of government is not expected.[21]
The philosophy behind it is separation of powers.
According to
John Locke: it may be too great a temptation to human facility, apt to grasp
power, for the same persons who have the power of making laws, to have also in
their hands the power to execute them, whereby they may exempt themselves from
obedience to the laws they made, and suit the law, both in its making and
execution, to their own private advantage.”[22]
The importance of the doctrine of separation of powers was appropriately
emphasized by Professor Ben Nwabueze in his work, where the learned author puts
it succinctly thus:
Concentration
of government powers in the hands of one individual is the very definition of
dictatorship, and absolute power is by its very nature arbitrary, capricious
and despotic. The executive function of government the maintenance of peace,
order, the security of the state, the provision of social welfare, etc. has an
inherent tendency towards arbitrariness. Its arbitrariness is greatly
accentuated and legitimized where the function of law-making is also reposed in
the same hands… Government in such a situation is not conducted according to
predetermined rules; it is a government not of laws but of will, a government
according to the whims and caprices of the ruler. Limited government demands
therefore that the organization of government should be based on some concept
of structure, whereby the functions of law-making, execution and adjudication
are vested in separate agencies, operating with separate personnel and
procedure.[23]
Section
4 (1) and (7) specifically confers on the legislature the powers to make laws
for the peace, order and good government of the federation. It is important to
note that the law-making power is not absolute as what constitute peace, order
and government is a matter subject to judicial interpretation.[24]
And the powers of the National Assembly to make laws is limited to matter
contained in the legislative list it is empowered to so do. This also applies
to the State Houses of Assembly. Accordingly the National Assembly have
exclusive power to legislate on matters or the 68 items listed on the Exclusive
Legislative list contained in Part I of the Second Schedule of the 1999
Constitution. Under S. 4 (4) it is also empowered to legislate on items
contained in the concurrent Legislative list set out in Part II of the Second
schedule to the constitution.[25]
The
National Assembly has no power to legislate on matters not contained in the
constitution (matters contained in the Residual list). Such matters are within
the exclusive reserve of the State Houses of Assembly.[26]
The National Assembly however has power to legislate on some specific subject
matter not contained in the legislative lists contained in the second schedule.
The subject matters are however provided for in the constitution. Examples
include creation of new states and local government areas.[27]
The
question whether the National Assembly could legislate outside the matters so
specified as being without its legislative competence was answered by the
Supreme Court of Nigeria in A.G. Abia State V. A.G. Federation & 35 Ors[28]
concerning the defective Electoral Act of 2001. It was held that the powers of
the National Assembly to make laws were limited to those specified by the
constitution. Accordingly it was further held that the powers over local
governments are conferred on State under S.7 of the Constitution. Therefore the
National Assembly could not pass any law to extend the tenure of elected local
government officials. That was within the exclusive competence of the States
Houses of Assembly.
Also
in the case of INEC & Anor V. Balarabe Musa & 4 Ors[29]
the court declared that the National Assembly which the constitution vest power
cannot go outside or beyond the constitution. Where such situation arises, the
courts will pronounce the Act unconstitutional, null and void. Conversely in
the case of A.G. Ondo State V A.G. Federation[30]
where the power of the National Assembly to enact a law aimed at abolishing all
corrupt practices and abuse of power applicable to every part of Nigeria
pursuant to S. 15 (5).[31]
The court in interpreting the word “state” contained in that section to mean
the Federal Republic of Nigeria, held that the National Assembly has power to
legislate against corruption and abuse of office.
Apart
from the powers of lawmaking, the legislature is empowered to investigate the
affairs of the Executive.[32]
The legislature has the constitutional power to conduct investigation into any
agency of government with a view to exposing corruption and correcting any
lapses in the conduct of public policy.[33]
In
exercising its investigative powers the legislature can summon any person in
Nigeria to give evidence at any place or produce any document or other thing in
his possession or under his control, and examine him as a witness, subject to
all just exceptions.[34]
Any person who fails to appear after being summoned to do so, can be compelled
to appear by warrant issued by the legislature to be served or executed by a
police officer or any other person authorized by the leadership of the
legislative house. Such failure could as well result to being sanctioned, provided
the sanction was provided for in the standing orders of the legislature.[35]
The
legislature also has power to regulate its internal proceedings without
judicial interference.[36]
Thus further restriction on evidence
tendered before a legislative house or other proceedings of the house as they
cannot be admitted in evidence in any proceedings before a court or tribunal
except permitted by the leadership of the House.[37]
However,
the decisions of courts in impeachment cases in Nigeria appear to show that
courts will interfere in actions carried out through the proceedings of the
House where there is a constitutional breach.
The
legislature also has power to control and supervise the budget. The Budget
approval process is a major oversight function of the legislature. Under S. 80
(2) of the constitution, no monies shall be withdrawn from the consolidated
Revenue Fund of the Federation except expenditure charged upon the Fund or by
an Appropriation Act passed pursuance of S. 81 of the Constitution[38].
Subsection (3) of that section further provides:
No
monies shall be withdrawn from any Public fund of the Federation, other than
the Consolidated Revenue Fund of the Federation, unless the issue of those
money has been authorized by Act of the National Assembly.
Subsection (4)
further provides that:
No
money shall be withdrawn from the Consolidated Revenue Fund or any other
Public. Fund of the Federation, except in the manner prescribed by the National
Assembly.[39]
The
Appropriate Bill is the bases of the Executive’s plans for the running of
government within the relevant fiscal year. It is clear from the provisions of
the constitution that the legislature must consider the budget and the
Appropriation Bill passed before money can be withdrawn from public fund to run
government. Ihedioha described this power of the legislature as “the single
most important function of the legislature under our constitution.”[40]
This
power can be positively used to influence government policies. During debate on
the Appropriation Bill presented to the House by the Executive, the Legislature
has been seen to amend the annual budget and even raise benchmark of oil price
suggested by the Executive. Many have challenged the power of the legislature
to introduce issues outside the subject under consideration in the
Appropriation Bill presented to it.[41]
Professor Sagay opined that the answer to the above question is yes” in many
respect, except the introduction of matters or issues outside those contained
in the Appropriation Bill. He further posits that the initiative is that of the
executive who will administer and execute the budget.[42]
However
one must point out that if this power is properly used through a collaboration
between the two relevant arms of government, the legislature would use this
power to influence national policies that will serve as catalyst to national
development.
The
legislature is further empowered to confirm the appointment of an
Auditor-General.[43]
He is empowered to periodically check the accounts of government statutory corporations,
commission, authorities, agencies etc and submit his reports to the relevant
legislative House within 90 days.[44]
The
role of the legislature in the development of a nation or state cannot be
overemphasized. The legislature is the pillar of every democratic government.
Its role in national development whether politically or otherwise is enormous.
Its basic roles of law-making, which influences appropriation or budget is
strategic and enormous in the development of the economy of any country. Its
oversight role and power is to a similar effect. Corruption is a cankerworm to
national development. Where the legislature effectively and efficiently
exercise its oversight power, the question of corruption will be minimized.
[1] Arvind
Kumar, “Short essay on the meaning of Legislature,” Jateline, (2010) Available
online at www.preservarticles.com/2011/00314507/short-essay-on-the-meaning-of-legislature.html
(Accessed August, 19, 2014)
[2] Ihedioha
Emeka, “The Legislature: Roles, Misconceptions and Experience in the
Consolidation of Democracy in Nigeria”, a paper presented at a public lecture
organized by the department of political
science, University of Lagos on 25th June, 2012
[3]
Okoosi-Simbine, Understanding the Role and Challenges of the Legislature in the
Fourth Republic: The Case of Oyo State House of Assembly,” Nigeria Journal of
Legislative Affairs, vol. 3 No. 1 & 2 (2010) 3
[4]Op. Cit.
foot note 1
[5]
Ikhariale Mike, “Evolution of Parliamentary Democracy,” Daily Independent, July
8, 2012. Available online at
dailyindependentnig.com/2012/07/evolution-of-parliamentary-democracy/
[6] Ibid
[7] Babafemi
Ojodu, “The Legislature and National Transformation in Nigeria,” a paper
presented at Political Science Department, Obafemi Awolowo University, Ile-Ife
on November 8, 2012
[8] Ibid
[9] See
footnote 2
[10] Ayo
Arise, “Brief History of the Nigerian Legislature,” available online at www.senatorarise.com/senate.
html. (Assessed September 14, 2014).
[11] See S.
47, Constitution of the Federal Republic of Nigeria, 1999 which established the National
Assembly.
[12] Fish,
M.S., & Kroenig M., The Handbook of National Legislature: A Global Survey,
Cambridge: Cambridge University Press, 2009, 15
[13]
Fashagba, J.Y., “Legislative Oversight under the Nigerian Presidential System,”
Journal of Legislative Studies vol. 15 (4) 2009) 439
[14] See
Footnote 9
[15] I shall
return to discuss the division of the legislative powers when discussing
“powers of the legislature under the 1999 constitution”.
[16] See S.
81 and S. 121 of the 1999 constitution.
[17] See
foot note 14
[18] Odinga
was quoted in Fashagba, J.V., “The Legislature and Socio-Political Re-engineering
in the Fourth Republic,” available online at
carllevan.com/1482598138/Fashagba-on-the-Nigerian-legislature-APSA- 2012.dox
(Access October 8, 2014)
[19] Itse
Sagay, “The Status and Role of the Legislature in a Democratic Society,” a
paper presented to mark the 47th birthday of Michael Opeyemi
Bamidele on July 27, 2010
[20] Agba,
Michael S. et al “Politics and Administrative Responsibility in Nigeria: An
Assessment of Legislative Mandate Performance and Executive Implementation of
Public Programmes (1999-2012),” Journal of Good Governance and Sustainable
Development in Africa, vol. 2 No. 1 (2014) 30
[21]
Guobadia, O.O, “Limits to the Powers of the National Assembly under sections 88
& 89 of the 1999 constitution,” AAU Law Journal vol. 1 No. 1 (2009) 14
[22] Quoted
from ibid.
[23]
Nwabueze, B.O, Federalism under the Presidential Constitution, London, Sweet
and Maxwell, 1983, 22-23
[24] See S.
4 (8) which restricted the powers of the legislature from ousting the court’s
jurisdiction.
[25] The
Houses of Assembly of States are also empowered pursuit to S.4 (7) (b) to
legislate on matters contained in the concurrent legislative list.
[26] See S.
4 (7) (c)
[27] See S.
8 of the Constitution, 1999
[28] (2002)
3 SC. 106
[29] (2003)
FWLR (Pt. 145) 729 at 809 pet Tobi JSC.
[30] (2002)
FWLR (pt. 111) 1972
[31]
Relating to matters under Chapter II, that is, Fundamental Objectives and
Directive Principles of State Policy
[32] See S.
88 of the 1999 constitution.
[33] Supra,
note 2
[34] See S.
89 and 129 of the constitution.
[35] See SS.
6,7 and 8 of the Legislative Houses (powers and Privileges) Act 1990.
[36] See SS.
143 (10) and 188 (10) on impeachment of the President or Governor as the case
may be.
[37] S. 23
of the Legislative Houses (Powers and Privileges) Act Cap Laws of the
Federation of Nigeria 2004
[38] See
Inakoju V. Adeleke (2007) 4 N.W.L.R (pt. 1625) 423.
[39] See SS.
120 and 121 which make similar provisions for State House of Assembly
[40] Supra
note 2
[41]
Oloaoye, F. Oladipupo, “An Exploratory Evaluation of Legislature Lawlessness in
the Nigerian Budget Process,” Singaporean Journal of Business Economics and
Management Studies, vol. 3 No. 2 (2014) 3
[42] Supra,
footnote 19
[43] See SS.
86 and 126 of the Constitution of Auditor-General of the Federation and State
respectively.
[44] See SS.
85 and 125 of the constitution.
CHAPTER
TWO
2.0 Meaning of Development
The concept
development is a victim of definitional pluralism. However, attempts have been
made by erudite scholars and jurists to conceptualize development. Some of
these definitions will be explored for the purpose of this study.
It will be
proper to start with some dictionary definitions. Longman dictionary of
contemporary English defines Development as a process of gradually becoming
bigger, better, stronger or more advanced.[1]
Also for Black’s Dictionary[2],
development is.
“An
activity, action or alteration that changes underdeveloped property"
In her view however, development is
usually taken to involve not only economic growth, but also some notion of
equitable distribution, provision of health care, education, housing and other
essential services all with a view to improving the individual and collective
quality of life.[3]
Also
it can be viewed as meaning a progression from a simpler or lower to a more
advanced, matured, or complex form of stage. It is also defined as the gradual
advancement or growth through series of progressive charges.[4]
Hence it could be said that development is a process, not a level, it’s a path
to achieve certain goal(s).
Again development is not only an
economic exercise, but also involves both socio-economic and political issues
and pervades all aspects of societal life. Development can also be seen as a
process generated within the society by forces propagated and invigorated by
actual members of the society. It is believed that true development can neither
be started nor sustained by outsiders.
2.1 Nigeria
National
development is the ability of a nation or country to improve the social welfare
of its people .e.g. by providing social amenities like quality education, portable
water, transportation, infrastructure, medical care, e.t.c.[5]
Development
has different meaning to different people. In many nation, it means the
attainment of self-government. To others, it signifies the provision of
essential infrastructure that creates a healthy atmosphere, proper provision of
education, communication and ability to evolve an amiable business environment
for its citizenry while some even see it as an achievement in technology
advancement[6]
Gboyega[7]
captures development as an idea that embodies all attempts to improve the
conditions of human existence in all ramifications.
National development as explained by
Akandele, R. et al, to mean totality of improvement in collective and concrete
terms across socio-economic, political technology as well as religion and is
best achieved through strategies mapped out by government as contained in the
nation’s development plans.[8]
2.2 National Development Plans in Nigeria
Throughout the
development of Nigeria from the colonial era through independence, military and
now[9]
democratic government, Government have evolved several plans or programmes
which like every other activities in an
organized society must pass through all the statutory stages to become law
(developmental plan of the state).
Hence it is the
dream of every government to develop programmes or plan that will usher in
development; Nigeria
Let’s take the
more recent program of the government, subsidy Reinvestment Programme (SURE-P)
as our example. It appear the program is failing because the problems that led
to the introduction of the program is now scrapping into the program to destroy
it. The Comrade Governor of Edo State announced the reinvestment of some of the funds
by reducing students’ school fees in Edo
State
However, the
thrust of this work shall be on the role of legislature in the attainment and
sustenance of national development through legislation. The Banks and other
Financial Institutions Act (BOFIA). An Act which confers on the Central Bank of
Nigeria (CBN) to regulate Banks and other financial institutions and for matter
connected which includes but not limited to licensing, examination (onsite and
offsite) supervision, takeover and control of management of distressed banks,
prescription of capital requirement revocation of licenses, and general control
over banks and other financial institutions operating in Nigeria. Similar
powers was placed on the National Insurance Commission to monitor and regulate
insurance transaction in Nigeria
One of the
areas of legislature’s active participation in national development is on
privatization. As clearly stated, Structural Adjustment Program (SAP)
specifically forms the bedrock upon which our nation’s economic policies
currently stand.[12]
Privatization and deregulation as state economic policies traced their origin
to Structural Adjustment Programme (SAP)[13]
Public enterprise in Nigeria
Concept
of Privatization
Privatization
have been defined as a shift in the ownership of an enterprise from public to
private sector, not a shift within sector.[14]
Many other definition have been proffered but Ehiemua, described privatization
as the transfer of ownership and control of enterprises from state to the
private sector.[15]
The privatization and commercialization Act 1988 and Bureau of Public
Enterprise Act of 1993 defined privatization as the relinquishment of part or
all the equities and other interest held by the federal government or any of its
agencies in enterprise, whether wholly or partly owned by the federal
government. Flowing from these definitions and the purport of S.1 (1) and S.1.
(2) of the public Enterprises (Privatization and Commercialization) Act of
1999. It would be safe to state that the Act at various times defined and
served as the legal instrument for privatization in Nigeria
Aside
from privatization, another great contribution of the legislature to national
development is in the area of Deregulation.
What
is Deregulation
Deregulation
means to remove government rules and controls from some types of business
activities.[16]
Deregulation is also defined in economic term as a process of government
uniting its control in a sector or in the means of economic production.[17]
Deregulation does not mean the same thing as privatization, by privatization,
government gives up its interest in a particular industry while by
deregulation, government reduces or limit the rules restricting or inhibiting
efficient and profitable operation of an industry or sector. It then mean that
government can privatize an entire business sector or industry and yet not
deregulate it.
2.3 The
Impact of Legislature on National Development Financial Sector:
The
Legislature has through several enactments, like the Central Bank of Nigeria
Act 2007, Banks and other financial Institutions Act[18]
(BOFIA) and the Nigerian Deposit Insurance Corporation Act[19]
have provided regulatory and supervisory roles on banking and other financial
activities on the central bank of Nigeria Nigeria
from operating as banks in Nigeria
On July 6, 2004, the former governor
of the CBN Professor Charles Soludo unveiled a 13-points reform agenda for
banking sector. In the first phase of what the Governor referred to as policy
shift was the requirement that the minimum capitalization for banks should be N25billion and their consolidation through
mergers and acquisitions with full compliance before 31st of
December 2005.[20]
This bold legislative step led to the merger and consolidation of banks, hence
the reestablishment of public hope in our banks and interest in investment
amongst investors in Nigeria
2.4 Corruption
as a Factor Against National Development
The
role of the legislature in the fight against corruption by the Nigerian
government is a major factor given the centrality of the role of the
legislature. The legislature in any democratic system of government ought to be
the watchdog of the people against the predatory tendencies of the executive,
given its capacity to control and deploy state funds and coercive forces.[21]
Professor Sagay however observed that this has not been the case.[22]
The
Nigerian legislature have been locked in the engines of scandals bothering on
corruption. The National Assembly for example have been visited with varying
degree of corruption scandal. A few instances will suffice here. In the fourth
republic a former speaker of the House of Representatives Alhaji Salisu Buhari
was removed from office due to a question of certificate forgery. Another
speaker of the House, who happened to be the only female speaker of the House,
Patricia Olubunmi Etteh, since the inception of the House resigned due to N628m scam” for an infamous residence
renovation scandal in 2007.[23]
As
if that was not enough there was the Farouk Lawan bribery scandal. The question
of corruption is even more evident in election or selection of the leadership
of the House when Hon. Ghali Na’ Abba emerged after the removal of Buhari as
the Speaker of the House of Representatives, several attempts were made to
remove Na’ Abba from office. There were allegations of bribery to buy the
conscience of the members of the house. It was reported that some members led
by Hon. Adams Jagaba displayed the bribe money totaling N4.5million on the floor of the House.[24]
The
Senate was not spared as a former President of the Senate was also involved in
a N55m bribe scandal. The budget
bribery scandal involved Senator Adolphus Wabara and Fabian Osugi, the then
Senate President and former education minister respectively. Both of them were
prosecuted by the ICPC at the Federal High Court, Abuja
The
level of corruption in the legislature brings to the fore some challenges and
obstacles which have hindered effective contribution to national development[26].
For example, the Wabara/Osuji budget bribery scandal was to influence the
legislature to influence the national annual budget, which is a real basis of
national development. Another illustration of corruption of the legislature was
reported by the Punch newspaper involving the former Senate President Chief
Chuba Okadigbo, who was alleged to have used a whooping sum of seventy five
million naira to by Sallah rams for some senators.[27]
Notwithstanding
the facts above showing how the legislature has been submerged in corruption
scandals, the legislature has in a way contributed to the anti-corruption war
in Nigeria
If
the war against corruption is effectively fought, and leads to the eventual
reduction of corruption and its effects to the barest minimum, one of the major
obstacles to national development would have be removed or reduced. This will
lead to a positive impact on national development.
[1] Longman
Dictionary of Contemporary English 428
[2] Black’s
Law Dictionary 9th (ed)
[3] Naomi
.O. Forward Integrated View of Human Rights, Hunger Tech Net, vol. 6, accessed
(10/10/2014)
[4] www.answers.com/9/meaning-of-developmentaccessed
fri/10/10/2014.
[5]
Answers.com/Q/what is national-development.
[6] Akande,
R. et al, National Development and Political Corruption in Nigeria Cross Road
[7] Gboyega,
A. Democracy and Development: The Imperative of Local Government, Inaugural
Lecturer (University
of Ibadan
[8] Akande,
R. Op. cited.
[9] The Fourth Republic
[10]
Ogwumike, F. The Effect of Macro level Government Polices on Rural Development
and Poverty Alleviation in Nigeria
[11] Akanyi
and Akosile Principles of Development Administration, Lagos, Dartrade Limited
pg, 70.
[12]
Ehiemua, R.O, “A critique of privatization, Deregulation and Poverty Reduction
Strategy Policies in Nigeria
[13] Supra
[14] Starr,
the Meaning of Privatization (1989), http/www/paulstar, (accessed 10/10/2014).
[15] Op.
Cit. footnote 13
[16] Longman
Dictionary of Contemporary English.
[17] Richard
.O. Anthony, ‘the effect of Deregulation to Nigeria Economy,” 2001, http://richard4real55.blogspot.com/200303/effectofderegulationtoNigeria.html
(accessed 10/102014)
[18] Cap B3
LFN 2004
[19] Cap
N102 LFN 2004.
[20] Soludo,
C..C, “Consolidating Nigerian Banking Industry to meet the Development
challenges of 21st century” An address delivered to the special
meeting of Bankers committee, held at the CBN A.Q Abuja, on July 6, 2004 pg. 7
[21] Itse
Sagay, “The Status and Role of the Legislature in a Democratic Society,” a
paper presented to mark the 47th Birthday of Michael Opeyemi
Bamidele on July 27, 2010
[22] Ibid
[23] The
Guardian, October 30, 2007
[24]
Ihedioha Emeka, “The Legislature: Roles, Misconceptions and Experience in the
Consolidation of Democracy in Nigeria ,”
a paper presented at the department of political science, University of Lagos
[25] “N55m Budget Scandal: S. Court Okays
Wabara, Osuji, others for trial” Vanguard, February 23, 2013.
[26] Mojeed,
O.A. and Fashagba, J.Y., “The Legislature and Anti-Corruption Crusade under the
Fourth Republic
of Nigeria
[27] The
Punch, May 1, 2000, 1 and 6
[28] See the
corrupt practices and other related Offences Act, 2000 and Economic and
Financial Crimes Commission (Establishment) Act, 2004
[29] See
Freedom of Information Act, 2011
CHAPTER
THREE
3.1 The
Nexus between the Legislature and National Development
It
is important to stress out some constitutional provisions in this regard.
Chapter two of the constitution of the Federal Republic of Nigeria 1999 and
section 13 states thus:
It
shall be the duty and responsibility of all organs of government and of all
persons exercising legislative, executive or judicial powers to conform to,
observe and apply the provisions of this chapter of this constitution.
The
provisions of this chapter of this constitution section 14 (1) of the same
constitution states that: “the Federal Republic of Nigeria shall be a state
based on the principles of democracy and social justice”. Furthermore section
14 (2) states thus:
It
is hereby, accordingly declared that the security and welfare of the people
shall be the primary purpose of government.
From
the foregoing it is evidently clear that the primary function and purpose of
government is the security and the welfare of its people. It is common
knowledge that democracy as a concept has gained universal acceptability and
respectability as one of the most superior ways of organizing government.
Democracy is all about ensuring popular participation and control of the
process of government. Since all the people cannot participate and individually
control their government at the same time, they entrust these rights and duties
to an elected few among them. These representatives, who should be accountable
to those who elected them are split into two by the Nigerian constitution,
namely the legislature and the executive, the former is to make laws and the
latter to implement them. For many countries of the world today, Nigeria
Therefore
the legislative, judicial and executive powers of a state are derived from the
constitution. The implication of this is that the National Assembly and State
Houses of Assembly can make laws only because of the enabling provisions in the
constitution. The constitution equally limits the exercise of such powers.[2]
Essentially
the legislator in a liberal democracy is four persons in one: a representative,
a law-maker, a policy-maker and an overseer of the executive arm. All other
roles are complementary to any of these four. The four functions are very
crucial for the effectiveness of the democratic process, as a strategy for the
positive transformation of the material life of a people. By law, the Nigerian
legislator is first and foremost, a representative. The first mention of the
senator and members of the House of Representative in the 1999 constitution is
in relation to their representative status. Section 47 & 48 states that
The
Senate shall consist of three senators from each state and to one from the
Federal Capital Territory, Abuja. Then, the House of Representative shall
consist of three hundred and sixty members representing constituencies of
nearly equal population as far as possible.
The
central role of the legislature is lawmaking. Under the constitution of
Nigeria, the power to make laws is vested exclusively “in a National Assembly
for the Federation and in the House of Assembly” for the state, this is
contained in section 4 (1).
The
legislators, acting together, can unilaterally alter the fundamental laws of
the land if they choose and deem it necessary for the nation’s democratic
interest.[3]
3.2 Factors
that serves as nexus between the Legislature and National Development
a. The Legislature and Policy Making
The
legislators essentially participate in the process of formulating and
implementing public policy, through various means. There are two key means
through which the legislators either stimulates the limitation of new policy or
to compel a more effective implementation of an existing policy. These are the
instruments of motions and debates especially on the appropriation Bill.
Motions
and Policies
A
motion is a proposal initiated by a legislator or a group of legislators that
the Assembly shall take certain actions or that it expressed itself as holding
certain view. A motion may be used simply to express the view of the Assembly
on any subject. More frequently it is used to express the view of the lawmakers
on important National issues or State issues. Also a motion may be used either
to get the Assembly itself to take a particular action or to ensure that an
action is taken by another arm of government or governmental agency in certain
direction. These kinds of motions are very important aspect of the functions of
a legislator. The purpose is to enable the legislators to put pressure on the
other arms of government particularly the executive to either implement more
effectively on existing policy or to fill a gap by executive action in such a
policy, sometimes, this type of motion is considered so important that it is
clearly put down in writing; and to avoid any doubts the nature of action
required, and why, the reasons for the motion are also explicitly stated. Such
a motion may be called a resolution.
Debates
on Appropriation Bill
One
critical task of the legislature is to appropriate financial resources, usually
through the imposition of taxes, and allocate them to different heads for the
purpose of public service delivery. By so doing, the legislature determines the
priorities of the state and, therefore sets the policy agenda or progrmame.
In
practice however, it is usually the Executive that has the primary role of
preparing the appropriation Bill or annual budget, and presenting it to the
legislature in debate and approval. The legislature by way of legislation
should be to reshape government policy by influencing the reordering of
priorities in the bill through a reallocation of financial resources. This
function of the legislature ought to be one of grave importance, but in Nigeria
today, the issue of financial appropriation is grossly abused by law makers who
would prefer to be bribed in order that they can do what is constitutionally
required of them in this regard.[4]
The
legislature as a check on the Executive Arm. One of the most potent power of
the legislature which serves as a nexus to the nation’s development is the
right to check abuse of power, mismanagement of funds, waste of national
resources, or non-application of appropriated funds to the right purpose. The
important right is a fundamental part of the legislature’s responsibility. The
1999 constitution spells out in details the functions and powers of the
Nigerian legislature at both the National and state levels in that respect. The
Legislatures at the two tiers are endowed with coercive powers to enable them
carry out this onerous oversight function. The goals are also clearly spelt out
to ensure that the laws made by the legislature are faithfully implemented, and
to curb corruption and abuse of office or power.
Power
to Scrutinize appointments
The
constitution reserves the power to scrutinize and confirm major appointments of
the executive exclusively for the senate. The document is however specific
about the appointment to be confirmed. They are those of the ministers, special
advisers, ambassadors, top judicial officers leading specific levels of courts,
the Auditor-General of the Federation and the chairmen and members of vital
National Commissions listed in the constitution. These details can be found in
the third schedule of the constitution.[5]
Furthermore
the legislature also carryout investigation on any matter or issue which is
causing public disquiet and any person connected therewith, with respect to any
matter on which the parliament has constitutional powers. The investigative
powers of parliament are broad; it encompasses powers to carryout enquires
concerning the administration of existing laws, as well as proposed or possibly
needed statutes and the activities of any person connected thereto. The
parliament also carryout probe into the departments of the government to expose
corruption, inefficiency or waste and to allow appropriate sanction by the
judiciary or other arm of government as may be necessary.[6]
The
legislature can also exercise judicial or quasi-judicial powers when it takes
any decision, that affects the rights and liabilities of any person. Apart from
investigative functions, impeachment proceedings are the main sensitive
judicial function performed by the legislature. A parliament has the
constitutional powers to impeach elected officers of both the executive and
legislative arms of government, such as the president, speaker of the House of
Representatives, and other elected officers of the National Assembly, Governor
and Deputy Governor of a State, elected officers of the State House of
Assembly.[7]
3.3 The
Impact of Legislation on National Development
The
roles the legislature performs in a democracy and the extent to which the roles
are performed which in turn affect the nation vary with the system of
government in place, as well as they differ from one country to another. One of
the foremost impact of the legislature has on a nation is that it provides for
the citizenry the platform for participatory political process. However, the
participation afforded by the legislative constitution is indirect.[8]
Government
in a democratic system implies the rule of the majority. Apparently, the
legislature is one democratic institution that allows the various
constituencies to which a state is delineated elect their representatives. The
impact therefore is that the people have been able to participate in the
government.
Importantly,
the modern legislature serves as an agent of reform in the state. In a state
where some members of parliament are ideologically inclined the desire to
implement their reform agenda will greatly influence their behaviours in the
assembly.[9]
Furthermore,
the 1999 constitution, vest the power to authorize expenditure from
consolidated revenue fund of the federation. The constitution also went further
to give the power to authorize withdrawal from public funds of the federation
to the National Assembly. It is also part of the power of the legislature to
prescribe the manner of withdrawal of money from the public funds of the
federation. It also gives power to authorize spending and raising funds to the
legislature. This power of the purse importantly allows the legislature immense
influence in shaping government policies. The power to debate, deliberate,
mold, amend the annual budgetary appropriation proposal presented by the
executive president is hence the opportunity to shape the state policies and
influence governance. In this manner, the legislature ultimately collaborates
with the executive to meet the aspirations of the governed.[10]
Using
its lawmaking power, the National Assembly has passed several bills to drive
some of the government reform agenda. Indeed, some of the Bills include the
Independent Corrupt Practice and Other Related Offences Commission (ICPC) Act,
2000; the Economic and Financial Crime Commission (EFCC) Act 2004; the
Electoral Reform Act, 2006 and 2010, the privatization law; and the Pension
Reform Act, among others, these bills have been passed to address some of the
evident social, economic and political challenges militating against the
nation’s development.
The
importance of some of these legislations may become clear when the factors that
necessitated their adoption are considered. As has been previously discussed in
the above chapter, corruption has been an endemic problem in government circle
in Nigeria passing into laws the ICPC and EFCC bills was to help check
corruption and reverse the trend in the polity.
Also
consequent to these factors, privatizing the public enterprise became
inevitable considering the level of mismanagement and fraud that the various
enterprises have recorded over the years. In fact, it appears that the managers
of the government owned public enterprises often saw their positions in the
organizations as the means to take their own share of the “national cake”. With
this management mentality, most public enterprises like the Nigerian
Telecommunication Limited (NITEL), the Nigerian Railway Corporation (NRC) and a
host of others, were not only running at loss; most of them actually became
bankrupt. It was the bad scenario that necessitated most legislative approach
towards improving the nation.[11]
Finally
another importance legislature has on national development is in the area of
constituency project. Though some legislators don’t really carry out these
project as they claim, but a number of constituencies projects have been
carried out by the legislators representing these constituencies.
[1]www.google.com,ng/search,thelegislatureandnationaldevelopmentandalsosenatorgos.com/resoure-role
of legislature in nation building
[2] Ibid
[3] See
section 47 and 48 of the constitution of the Federal Republic of Nigeria (as
amended) 1999.
[4] Ibid
[5] Ibid
[6] Ese
Malemi “The Nigerian Constitutional Law” (Princetone Publishers Lagos) (2012)
page 202
[7] See
section 143 of the 1999 constitution which provides for the impeachment or
removal of the president or vice president and section 1888 which provides for
the removal of Governor or Deputy Governor.
[8] Fashugba
on the Nigeria legislature and socio-political re-engineering in the fourth
Republic and www.google.compdf accessed
on 19th Oct-2014
[9] Ibid.
[10] See
section 80 and subsection (3) of (1999) constitution as amended.
[11] Ibid
CHAPTER
FOUR
RECOMMENDATIONS
AND CONCLUSION
The
legislature is a very important institution and arm of government in any modern
democracy. It is indeed, where the real representation of the people is most
manifest, in the sense that it is the arm of government where the majority of
the elected representatives of the people in a democratic system are
concentrated. It is important also because it serves the critical function of
check and balance in a democracy.
The
importance of the legislature, like other arms of government in a democratic
system, is underscored by being provided for in the constitution of this
country. All aspects of the legislature, ranging from its composition,
structure, administrative systems, process and procedures of its operations, to
its powers, duties and responsibilities have been spelt out in the
constitution.
From
the foregoing therefore it is imperative that to effectively carryout the
functions and duties of a legislator efficiently, its have to be highly
organized and operate a well staffed constituency office. Request, comments,
observations and aspirations by constituents are diverse and range from minor
to the awkward. The rule is that any request to the legislator deserves prompt
attention.
It
is also recommended that an efficient and effective constituency office which
would afford the constituents the opportunity of interacting and interfacing
with the representatives should be advocated for. This constituency office will
essentially consist of a central head constituency office and liaison offices
in all the local Government Areas of the representative’s constituency. There
should also be appointed ward liaisons who will be responsible for making
direct contacts with the grassroots. The constituency office is to be headed by
a manager who manages and coordinates the activities of all staff in the office
including the coordinators of the liaison offices.
It
is also recommended that the legislature should not only make laws for the good
ordering of the society (including appropriation laws) but most as well ensure
that such laws and orders are not flagrantly violated by other arms especially
the executive. This the legislature can do by strengthening it function as a
watch dog over their actions and politics through its oversight function.
Finally,
in order to curtail the menace of legislative corruption in Nigeria
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