Nigeria became independent in October 1960 and since then, we have had series of constitution and basically had 1960, 1963, 1979 & 1999 constitution. The basic objectives of each constitution being its supremacy and overriding authority.
Nigeria became independent in October 1960 and since then, we have had series of constitution and basically had 1960, 1963, 1979 & 1999 constitution. The basic objectives of each constitution being its supremacy and overriding authority.
In section 1 of the 1999 constitution it provides’ This constitution is supreme and its provision shall have a binding force on all authorities and person throughout the federal republic of Nigeria’’
googletag.cmd.push(function() { googletag.display('content1'); });
To give credence to the overriding authority of the constitution it provides in section 1(3) of the 1999 constitution ‘’ If any other law is in inconsistent with the provisions of this constitution, this Constitution shall prevail and that other law shall to the extent of the inconsistency be void’’. The 1999 constitution in section 4, 5, 6, highlighted the responsibilities of the of the three arms of government and went further to lay down procedure on the workings of the legislature, executive and the judiciary.
I read with dismay and disbelieve the recent show of shame and gross misconduct of the Gun State house of assembly whereby the G9 suspended the G15. According to reports, the suspension order was handed over by the new speaker Mr Ebenezer Soyemi Coker and the other members of the G9. The legislators during their sitting, in an untidy house chambers and without any legislative staff or clerk present resolved that the former speaker and the other 14 members should be suspended from the house of assembly. The irony and the painful aspect of the procedure was the motive behind the suspension and the modus adopted by the G9 to suspend the speaker and other members of the house.
Whilst I appreciate the power of the members of the respected house of assembly to tread on this journey, the methods employed and the manner of suspension was a dangerous precedent for our nascent democracy. In any democratic setting any elected political officer holders who falls short of their elective duties could be removed from of office by voting. The constitution provides that all the principal of the various houses could only be removed by two-third majority of the members of the house sitting at the same time. As a citizen of this country and with the present level of our democratic development, one would have expected the members to act in accordance with the provisions of the constitution irrespective of their party sentiments and affiliation.
googletag.cmd.push(function() { googletag.display('content2'); });
In the case of the house of Assembly in Ogun State the house consisted of 26 members all from the same political party and for any impeachment to stand the impeachment proceedings could only be carried out by two-thirds majority of the house. In the theatre of the absurd that occurred on the 5TH of September 2010 was to me a legislative coup and flagrant disregard for the rule of law. The G9 members threw caution to the wind by embarking to carry out the suspension of their fellow, members on the wheel hours of the night. In my own assessment of the house of assembly, this house which was known for its legislative activism and vibrancy has been turn into house of inactivism, ineptitude and political quagmire. Since the unceremonious sacking of the former speaker Mrs Titi Oseni the house have been divided along selfish and primordial sentiment and the house could not stand as the foundation on which it was built was faulty. The house of assembly have been polarised to the extent that it appears the centre could not hold again due to the lack of unanimous decision on major policy of the executive arm of government. The constitutional provision regarding the removal of the speaker is simple majority and all over the world the maze is the symbol of authority just like the Coat of Arms for the President. The’ G9 ‘ as it were acted ultravires by a minority sacking the majority and this is a gross abuse of office and unpardonable ridicule to democracy.
I have watched with keen interest the performance of the houses of Assembly in the South-West part of the country and in my opinion, the two states that stand out in terms of legislative vibrancy and activism are the houses of assembly of Lagos and Osun State respectively. The Osun State recently passed law on the child rights and other meaningful legislation was passed under the leadership of the Speaker Hon. Adejare Isiaka Bello who apart from being a lawyer directed the affairs of the house with sense of purpose and high sense of responsibility. The above scenario also fit into the description of the Lagos State under the able leadership of Hon Ikuforiji and many would bear me witness that the laws that have been passed by the two states are having meaningful impact on the electorates and the evidence are there for all to see. The Oyo State house of Assembly was recently involved in a fracas, which led to the suspension of the 9 members of the house. The situation in Ekiti and Ondo are not different both in terms of legislative activism and vibrancy.
To a discerning mind and analyst, what transpired on the 5th of September 2010 in Ogun State house of Assembly was nothing short of a legislative coup which should not be condone in any democratic society. It is ironical that immediately after the announcement of the suspension , the G9 approved the much talked about 100 billion bond and the supplementary budget was passed and sign the same day. To the credit of the G15,they were not totally not in support of the bond but rather requested for more clarifications from the executive on the need for both arms of government to have a public debate on the bond and the public debate was slated for the 8th of September 2010 and the question to ask Why the rush to sack if the G9 do not have other ulterior motives . if the 100billion is being sought for on behalf of the state, then the electorates should have been kept informed on the objectives of the bond after all the constitution provides in section 14(2a) ‘’That Sovereignty belongs to the people of Nigeria from whom the government through this constitution derives its powers and authorities’’.
In my assessment the act or omission on the part of the G9 should not be condone in any sane society . The constitution laid procedure for the removal or impeachment of principal officers of the state houses of assembly and this should have been followed to the letter. A dangerous trend is being set threatening the continuing practice of democratic structures in Nigeria if care is not taken. A precedent was set during the impeachment of Rasheed Ladoja , Ayodele Fayose and Chris Ngige, Plateus and Dariye respectively and nothing was done to stem the tide of the unconstitutional and illegal acts on the part of our political office holders.
The respective houses of assembly should be align to their constitutional responsibilities and shun all forms of political and party affiliations standing in the way of discharging their duties. Since the inception of the Ogun State house of assembly what have been the hallmarks of their achievements in terms of legislative lawmaking , of what impact has such laws been impacted on the generality of the people of Ogun State. If the current legislature were in truth elected by the people of the state, the entire citizen of the State deserves an unreserved apology from the State legislature for their uncouth, and gross misconduct by the members engage in unwarranted act of immaturity exhibited by the G9.
The citizens of Ogun State deserves to know from our honourable men and women their achievements in the past 3 years since they were elected into office and there should be a public hearing on this so that the people of Ogun State will be able to assess their performance in terms of legislative activism. All we read was issue about all the time is the issue of corruption and bucks passing by the executive and the legislature in the State. It behoves on all of us to start asking questions about our elected representatives . The purported acts of the G9 were a desecration of their legislative duties and flagrant disregard for the constitutions and they should be penalised accordingly.
As the 2011 elections is gradually drawing near, it has become expedient that the face of the legislature in all the State houses of Assembly needs to be overhaul and change for effective and vibrant legislative duties . It behoves on us all to ensure that the new set of members seeking election to the houses of Assembly are properly scrutinised and screened to ensure that we have credible leaders and not political jobbers and marauders . We should ensure that 2011 , only credible candidates with sound knowledge of legislative duties are allowed to vie for the houses of assembly and the National Assembly .
The case of Osun State and Lagos State is a testimonial of how the State houses of assembly should be run.
Finally, the 1999 constitution provides for the full adoption of the doctrine of separation of powers and there should full checks and balances on each of the organs of government otherwise the alternative is anarchy and chaos.
God Save my country .
Olutoyin Adeyinka-Eweje (UK)
[email protected]
googletag.cmd.push(function() { googletag.display('comments'); });