The chequered history of the Nigerian legislative arm of government, has been of grave concern to political observers since independence. Post-independence legislature in Nigeria, has suffered so much trauma as a result of various military interventions in governance. During the dark days of military rule in Nigeria, the other arms of government (Executive and Judiciary), were always left intact, with the biggest casualty been the legislature, as it was always abrogated at every occasion. This underlines the importance of the legislature in democracy. It will therefore not be out of place to posit that the legislative arm of government, is the true hallmark of any democratic government.
The legislature as an institution remains the most unknown, misunderstood and neglected of all arms of government. The legislature has always been a casualty of any military interregnum in Nigeria (the executive and judiciary were always left intact). Due to limited knowledge about the workings and relevance of the legislature among the generality of Nigerians, so many people – even the educated, see the legislature as a drain pipe on the resources and an unnecessary bureaucracy in governance. Some Nigerians cannot just come to terms with the fact that huge resources are allocated or “wasted” on this “unnecessary” arm of government. This notion has undermined the necessary support that the legislature requires to carry out its functions properly.
The legislature is generally perceived as an appendage of the executive arm of government. Lawmakers are sometimes referred to as “troublemakers” who constitute a clog in the wheel of progress in the process of governance. This wrong perception of the legislature by citizens reduces the goodwill required for the legislators to carry out their functions without fear of a possible backlash from the very people whose interest they represent. Whenever there is a disagreement between the executive and the legislature, citizens are quick to exercise prejudice by laying the blame at the feet of the legislature. The executive also catch in on this wrong perception to stir the people against the legislature by accusing them of blackmail, arm-twisting or settling scores with the executive. Legislators are sometimes forced to softpedal their hard-line posture in a confrontation with the executive, in The legislature as an institution remains the most unknown, misunderstood and neglected of all arms of government. The legislature has always been a casualty of any military interregnum in Nigeria (the executive and judiciary were always left intact). Due to limited knowledge about the workings and relevance of the legislature among the generality of Nigerians, so many people – even the educated, see the legislature as a drain pipe on the resources and an unnecessary bureaucracy in governance. Some Nigerians cannot just come to terms with the fact that huge resources are allocated or “wasted” on this “unnecessary” arm of government. This notion has undermined the necessary support that the legislature requires to carry out its functions properly.
The legislature is generally perceived as an appendage of the executive arm of government. Lawmakers are sometimes referred to as “troublemakers” who constitute a clog in the wheel of progress in the process of governance. This wrong perception of the legislature by citizens reduces the goodwill required for the legislators to carry out their functions without fear of a possible backlash from the very people whose interest they represent. Whenever there is a disagreement between the executive and the legislature, citizens are quick to exercise prejudice by laying the blame at the feet of the legislature. The executive also catch in on this wrong perception to stir the people against the legislature by accusing them of blackmail, arm-twisting or settling scores with the executive. Legislators are sometimes forced to softpedal their hard-line posture in a confrontation with the executive, in order to pacify the citizens.
The legislature, besides law making business and acting as a check on the activities of the executive arm of government, is the arm of government that represents the general and parochial interests of the total citizenship of the nation.
The National Assembly (NASS), has been plaqued by various malaise ranging from incomplete independence, wrong perception by the public, limited capacity, amongst others. Since 1999 when democracy was restored to Nigeria, it is no secret that the executive (President and governors), have engaged in clandestine overtures to teleguide and in some cases foist their loyalists and cronies on the leadership of the legislature, so as to bring the legislative arm of government under their control. The leadership crises and gale of impeachments, (many of which were illegally done) which characterised the NASS and states houses of Assembly between 1999 and 2007, were as a result of the undue influence the executive arm of government had wielded on the leadership choice of the legislature. This is the biggest threat to our democracy.
The 1999 constitution of the federal Republic of Nigeria (As Amended), clearly states in section (50) 1, how the leadership of the NASS should emerge, (a) a president and a Deputy president of the senate who shall be elected by members of that house from among themselves; and
(b) a speaker and a Deputy speaker of the House of Representatives, who shall be elected by the members of that House from among themselves'
It is then amazing for any person or group, who are not members of the NASS, to begin to manouvre and scheme as to who become leaders of the legislature. This is purely unconstitutional. The constitution envisages neither the ruling party, president or any other person or group to therefore have any part to play in determining the leadership of the NASS. This phenomenon, which seem to have become a norm must be frown at and jettison for the good of our democracy. The involvement of the president, in the emergence of the leadership of the NASS, is against the spirit and letters of the seperation of powers, which is the true essence and beauty of democracy.
A good number of Nigerians had blamed the poor performance of the first term of the Buhari administration of the emergence of Senator Saraki, because he was not the preferred candidate of the party and president. I ask, was the second term any better, when the president and the ruling party succeeded foisting Senator Ahmed Lawan and Hon. Gbajabiamila who were their preferred candidates on the NASS? The present economic woes, unmitigated piles of national debts, unprecedented national sleaze and embarrasments that characterised the 2nd term of president Buhari, was largely due to the complicit and weak leadership of the NASS. The oversight capacity of the 9th assembly was questionable as loan requests from the president, were hurriedly passed without the proper due process. The infamous and poorly executed cashless policy and naira redesign, which almost brought the nation's economy ton it's kneels, is also a testament to the fact that the senate was fighting very hard to live up to the general perception of the public as being a mere rubber-stamp of the executive. The recent launch of the phantom NIGERIA AIR, which has made our nation a laughing stock among the comity of nations, should not also be forgotten so soon.
Oversight function is one of the constitutional roles of the legislature. This supervisory role of the legislature over the executive arm must be robust to ensure that tax payer’s money is put into judicious use.
In Nigeria today, the various legislative houses have somewhat relegated this role to the background. Most oversight functions carried out by legislators are largely reactionary. Legislators often see no reasons to carry out this function until there is a known infraction by the executive such as a highly publicized financial impropriety, or an impending embarrassment.
In order for legislators to win the confidence of the citizens, oversight of executive actions by the legislature must be on a continuous rather than a seasonal basis. Continuous and diligent oversight activities will help stem the tide of financial profligacy, graft and incompetence in the system. This will change the approach from “fighting corruption” to “preventing Corruption”.
Legislators should not wait for money to be stolen, then device a way to recover them; rather, monies should be prevented from being stolen. If there is a system that inhibits government officials from amassing public funds, such funds will ultimately be spent for the common good of the citizens. One way of achieving this is through a thorough and systemic oversight function by the legislatare.
The allotment of leadership positions to preferred members of the National Assembly by the ruling party under the supervision of the president, is an assualt on the fights of members of NASS to elect their leaders and it highly impinges on the independence of the legislature and it's co-equal status.
The 10th Assembly must rise up and take back the legislature from the claws of of the executive. They must stand up to be counted, history becons. Senators and Honorables of the 10th assembly, must not betray the confidence and trust imposed on them by their constituents who voted them to represent their interests and the interest of the nation at large. They must rise to change the narrative and perception of the legislature been a mere appendage of the executive arm of government. Nigerians are counting on you. You cannot afford to fail them again.
Clement Ehis Iuleomien is a political activist specializing in public legislative education, a member of legislative revolution network, lrn. He's the author of the book title: THE NIGERIAN LEGISLATURE (An Educational Guide) [email protected]