The usual friction between the arms of government in Nigeria ignites my feelings on the degree of governance among institutions furnished with such equal powers. In Nigeria, the consistent argument of who really represents the people engages our personal and social horizons. Reports indicated that the dispute between the federal executive and legislature is borne out of struggle for independence. The previous era of imperious influence of the executive on the legislature had hitherto weakened our democracy and so the need to quash this narrow-minded trend necessitates a ground of independence among current actors of different arms of government.
Governance perception in Nigeria differs in view of inability of some citizens to clearly separate between the roles and functions of the elected officials in the parliament and executive. Entrenchment of democratic values and good governance ties their vision together while the common knowledge of legislature making laws, executive enforcing it and the judiciary interpreting it gives them clear and equal powers. As I continue to grow in Nigeria’s democratic world I gradually grasp of knowledge on the real practice of separation of power considering what constitutes power separation in Nigeria. The House of Representatives is gradually moving faster than the Senate, State and Local Assemblies on the journey to independence from the executive.
My consultation with international books and documentaries failed to expose situations where lawmakers in developed countries ‘executes’ infrastructural projects in the appropriation law under the tag of constituency project and my enquiries also revealed that constituents do not confront and place undue accusations on their lawmakers for not constructing bridges and roads. The power to influence the provision of social service only lies in the power of laws they make, like other arms of government, the legislature could also make or mar any country practicing presidential system of government. Towards the end of 2012, we saw the interface between the Obama-led executive and US congress on how tax could be economically manipulated to avoid fiscal cliff this year, their discussions barred Christmas and New Year holidays which ours could not forgo to tidy up details of their successfully passed 2013 budget. Irrespective of the fact that working out the details in consonance with the approval of the lawmakers lies on the desk of civil servants in the budget processing offices of the national assembly.
In a democracy, the citizens themselves make the law and superintend its administration, sovereignty remains uninterruptedly with the citizens. Observe now the influence that majorly contributes to what makes Nigeria government. The various levels of government are quasi-oligarchies composed of legislators and executives that manipulate the laws and policies for self-adoration while the conservative nature of the judiciary is also gradually fading. “when members of any body of men find themselves in equal relation to a profitable end in which they are solely concerned, they will surely be inclined to assert their joint independence of other bodies, and further, each member will claim his full share of whatever benefits arise”. This assertion of James W. Sullivan in his book titled ‘Direct Legislation by the Citizenship through the Initiative and Referendum’ fittingly captures the Nigerian syndrome.
Sincerely, the present syndrome is not solely the creation of this present crop of lawmakers but the system they are injected into. The present arrangement in the constitution has transferred many rights to wrong institutions; the current lawmakers are working assiduously to give us a constitution amendment. But what happens when the constitution that gave them that right to conduct such exercise is totally questionable, we would only end up amending a constitution already drafted through militarized logic. Though, current lawmakers are in the middle of the amendment process but they can only write their names in gold by given us a national conference to enable us rebuild the structures of our ailing national life. Nevertheless, I think the national assembly deserves a sizable commendation for organizing the people’s public session last year targeted at gathering views of Nigerians on areas of constitution amendment.
Our legislators never got some kudos without knocks, from the emergence of new faroukas currency to the ad-hominem zero allocation to Security Exchange Commission (SEC). As a young person I do not believe the knocks came without glaring indication that an immorality stricken society produces crops of unpatriotic leadership and followership. Intelligently controlled self-interest and a consequent sentiment of justice are the sources in which possible social benefits may be expected to begin in an emerging democracy like ours.
“Absence of ideological conflict does not make democracy work”, this was one of the thoughts a lawmaker left us with on his Twitter handle towards the end of 2012. Consequently, I rhetorically questioned myself, are conflicts in our democratic institutions ideological? I think what is ideological should as well be ideal. How ideal could it be for innocent cleaners at Security Exchange Commission to suffer for the supposed inadequacies of their Director General?
On the other hand, if there is any new strength Nigerians could draw from the legislature, I think it is the compositions of the leadership and members of the parliament. Even though section 65(2) of 1999 constitution allows individuals with school certificate to contest elections into the national assembly, from the last elections we saw that most Nigerians gave out their mandates to people with higher qualifications and capabilities. In my view, lawmaking for a country willing to develop should not be left to holders of school certificates, considering that such laws would be argued in court by lawyers and even pursued on behalf of less and more educated populace – nemo dat quo non habet (you can’t give what you don’t have). In my view, such qualification requires amendment while Nigerians should also be circumspect of soundness of electoral candidates.
Some of our lawmakers often resort to sophistry argumentation, instead of premising their argument on rational and logical conviction. That reminds someone of early Greek philosophers who deciphered during the period of renaissance that readers make good leaders. But, how much do our lawmakers read? Since lawyers need to read assiduously to interpret laws parliamentarians make; reading despite their tight schedule shouldn’t be negotiable.
From my previous instances, lawmaking job is a very tough one in any well democratized nation, to this end, snippet of activities in state and local government legislative assemblies in Nigeria shows a display of fusion between state executive and legislators, good working relationship also has boundary for proper checks and balances. I will equally advise those levels of legislature should also be strengthened to meet the present demand of autonomy. In most LGA’s in Nigeria the chairman who is in the executive arm legislates and executes. This accounts for one of the reasons why the LGA’s are in state of coma.
Going by functions of the national institute of legislative studies to promote and disseminate among legislative assemblies in Nigeria the practice of science based methodologies of lawmaking. How much of these really reflect in our lawmaking process? No process is scientific without hypothetical testing; Nigerians need to show more interest in contributing to the lawmaking process which subject law proposal to public hearing and critic. Well, you may disagree with me on the heels that lawmakers are there to do the bidding on behalf of their constituents but remember he/she is no more alone after election; it takes people’s steadfastness for personal and party interests not to send national interest into oblivion.
Understanding our complex political terrain, state governors are also relatively state party leaders, he combines the job of the state and his party together, little should we expect from them, he is the ultimate decider. So where does that radical state lawmaker belongs to while his next party ticket cools off in the web of Mr. Governor?
Lessons from the federal parliament had however shown how far oversight power vested in the legislature could go in checkmating the excesses of the executive. On such note, one assumes that state and local government legislators are in short of powerful and far reaching resolutions capable of putting the state and local government apparatuses on their toes. Though, legislative resolutions are not yet laws but only a dictator would ignore prudent opinions of representatives of the people. From the latter premise, if prudent and moderate intentions could robe legislative discourse, it won’t be out-of-touch for legislative resolutions signed by 2/3 majority of members of the entire national assembly to be lawfully binding on the executive. While this prescription is not yet in force the executive need to protect voices of people’s representatives from consistent executive ignorance as far as sovereignty still belongs to the people.
From images of parliament proceedings we do see empty seats and also in retrospect the outgone year witnessed a breach of section 63 of the constitution which states that, “The Senate and the House of Representatives shall each sit for a period of not less than 181 days in a year”. On the contrary, reports alleged that the Senate and House of Representatives sat for only 100 and 107 days respectively in 2012 i.e. Nigerians have been deprived of about 258 days owing to recess, holidays, and oversight visits. The oversight visits may be necessary in view provisions of section 88 (2) of the constitution which empowers national assembly to “expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and administration of funds appropriated by it”. However, lawmakers should curtail their excessive recess in order to strike a balance between legislative demand and supply in 2013 and beyond.
• Olanrewaju-Smart. Wasiu, Kubwa, Abuja
wasiusmart@gmail.com
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