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Tag: Legislature

  • Investigative reporting and work of legislature

    There may be no better time to discuss the subject – Investigative Reporting and Work of the Legislature – than now when democracy in our dear country is becoming more and more consolidated. With democratic consolidation, we will naturally expect strengthening of its key institutions. This type of discussion needs to be expanded considering the manner in which the legislature is being misrepresented in our polity. Lack of adequate knowledge of parliamentary etiquette has led many to pass negative judgments on lawmakers’ activities.

    While the legislature forms an arm of the tripod that is democratic governance and known for its checks and balances, media, on the other hand is the voice of the civil society. It aggregates the condition, feelings, yearnings and aspirations of the people to the system, ditto programmes, initiatives, policies and pronouncements of the institutions of power to the people.

    The brand of democracy we practice is also called representative democracy because of the existence of the legislature. Legislature is the most expressive reason why democracy is considered government of the people and by the people, because there are direct representations from everywhere. In the legislative chambers, everybody has a voice and everyone represent the needs and idiosyncrasies of his or her people. Collectively, as an institution, the legislature is an ombudsman within the government. It moderates excesses and ensure justice. In this the legislature shares the fundamental traits of journalism.

    Framers of our constitution recognized the essence of the legislature as a more direct involvement of the people in governance as some sort or provost for the executive arm; hence it is given certain precedence over the two other arms. In fact, as a symbolism of such powers, even in the order of treatment in our constitution; the legislature is dealt with first before the other organs of government. Thus while section 4 of our constitution deals with legislative powers, section 5 enumerated the executive powers and section 6 dealt with powers of the judiciary.

    Respected constitutional lawyer, Professor Itse Sagay is of the belief that the legislature is “the number one arm of government in any democratic state”. Aside Chapter 5 of Section 4 of the 1999 Constitution (as amended), which stipulates powers of the legislature, the Second Schedule to the Constitution equally enunciates on functions of the law-making arm of the government.

    Broadly and simply, we can say that the legislature performs these three functions, namely: Enactment of laws, appropriation of funds and oversight on implementation.

    In his famous work, Considerations on Representative Government, English political theorist and thinker, John Stuart Mill, posits that: “The proper office of a representative assembly is to watch and control the government; to throw the light of publicity on its acts ; to compel a full exposition and justification of all of them which any one considers questionable; to censure them if found condemnable, and, if the men who compose the government abuse their trust, or fulfil it in a manner which conflicts with the deliberate sense of the nation, to expel them from office, and either expressly or virtually appoint their successors”.

    For me, it is not much about powers but indeed the responsibility of making our democracy a true representative government where “we the people” have a voice that is dutifully amplified by our lawmakers. For this reason, the general idea that let there be no conflict between the arms of government is just an illusion. It is not always good for the people for all the arms of government to be in sync. When there is conflict, which is an ingredient of co-habitation, there is likely more value for the people. An ombudsman ought not to have it all roses all the time with he who the ombudsman oversights.

    Now, in all these things said about functions and roles of the legislature, there is also need for a third eye, a fourth estate of the realm, for proper rolling of the system. It is here that journalism comes in –the need to reinforce the work of the legislature and also, where need to, watch over the ombudsman as well.

    Why investigative reporting?

    In this age of sweeping media revolution, media profession is faced with threats and opportunities. These days anybody with access to a phone with internet is already a reporter. Blogs cost barely nothing to maintain. On the other hand, preponderance of online mediums has put the conventional media on the edge. The solution is to be more creative and go extra mile by investigating stories beyond the mundane.

    There is no gainsaying that investigative reporting has the potential to assist in building a national culture of transparency, good governance and openness which can make government officials to be more responsible in the management of public trust. It can also play a critical role in bringing to the front burner, ills bedevilling the society for the attention of those concerned to make amends.

    Over the years in the country, the media has undoubtedly played this role of unearthing series of scandals, sustain it in the public consciousness and push for proper resolution of such matters. Indeed, the media has embarrassed the crudest of dictators and forced government to take action or even reverse a cause of action. This has not changed that much under the present civilian dispensation.

    Of the three arms of government in Nigeria, the legislature has become the punching bag of critics and people who feel threatened by a vibrant and independent assembly. I have to admit that many of the criticisms are justified considering the lifestyle many of our legislators. Many receive bogus entitlements and display abundant wealth in the midst of poverty. But as journalists, we must make a clear distinction between the lifestyle of lawmakers and the integrity of the institution of the legislature. We should not undermine the parliament simply because its operators err. We should rather strive to deepen its tenets for our democracy to prosper. A point to note here is that during the military, both the executive and judiciary functioned without hindrance. Only the legislature got scrapped. That is to tell you how important it is. So as the watchdogs of the society, we must make conscious effort to enlighten the citizens about the importance of the legislature. The same vigour we show when reporting the lawmakers should be extended to ministers, governors, commissioners and special advisers.

    The famous words of Thomas Jefferson: “were it left to me to decide whether we should have a government without newspapers or newspapers without government, I should not hesitate to prefer the latter’’ is a truism on the place and capacity of the media to effect change in the society. Our duty to report the facts objectively is not only a civic duty but also one that borders on national interest and security. It was America’s charismatic president and thinker, Abraham Lincoln who said “Let the people know the facts, and the country will be safe”.

    One sure way of making these facts available to the people is through investigative reporting.

     

    • Imam Imam, Special Adviser on Media and Public Affairs to Governor Aminu Waziri Tambuwal of Sokoto State delivered this paper at a 2-day training on legislative reporting organised by the Akwa Ibom State House of Assembly.

  • Executive/Legislature face-off: Cardinal Okogie slams Nigerian leaders

    Worried by the current face-off between the Executive and the Legislative arms of Federal Government, Anthony Cardinal Okogie, the Archbishop Emeritus of the Catholic Archdiocese of Lagos, has urged the country’s leaders to put the interest of the citizenry above personal interests.

    Okogie said the executive and legislative arms should come together and work for the development of the nation.

    According to the cardinal, the leaders must assume the responsibility of governance by securing the land from those he called armed robbers, kidnappers and herdsmen.

    “Our politicians are busy fighting one another, exchanging blows in the hallowed chambers of legislation, resorting to character assassination.

    “Our law enforcement institutions have been turned into their arsenal in this battle of the sanctimonious; the executive accuses the legislature of corruption and vice versa.

    “Both parties in the conflict pretend to be fighting for us, they are fighting to guard the “trophy” they won at the last election while preparing to retain the same trophy in the next election.

    “They are so busy fighting that they have no time to work for our security. Their sterile conflict is, in fact, prejudicial to our security.

    “Their negligence of duty, their tantrums, their failure to be transparent and accountable with very few exceptions, point to the fact that they are part of the equation of insecurity in our country,’’ Okogie said in a statement.

    Okogie called on political leaders to provide infrastructure and adequate security for the citizens.

    He noted:“Our leaders are well protected, but we the citizens are not. Political leaders who cannot provide security are a total failure.

    “Almost six decades after independence, almost 70 years after the establishment of Nigeria’s premier University of Ibadan, we still have to rely on medical tourism.

    “But how many poor Nigerians can afford to spend one day in a hospital overseas. How many can afford to be away from their work for three months.

    “But Nigerians have the capacity to run good hospitals. All we just need is a leadership that enables, not one that disables.

    “They receive the perks of office in a land where workers have gone unpaid for months, government does not serve Nigerians and the public servant does not serve the public.”

    Okogie called on Nigerians to be responsible in the business of protecting and safeguarding their own lives and property.

    “Does the life of the Nigerians have any value. If it does, can it be truly said that Nigerians appreciate the value of life. The questions are meant for all of us.

    “We all have to take responsibility for the protection of lives and property of the citizens in this country. We live in clear and present danger.

    “We are not safe when we are at home, neither are we safe away from home.

    “Life runs the risk of being cut short by armed robbers, kidnappers, dangerous drivers driving on dangerous roads, driving cars that are dangerous for transportation.

    “When we thought we were gaining the upper hand in the battle with Boko Haram, violent herdsmen stare at our helpless faces,”  said the retired catholic archbishop.

    While reminding leaders that one day they would give account of their stewardship to God, who made them leaders, Okogie pointed out: “One thing is clear: almost all our political leaders are either Christian or Muslim. The two religions teach that we shall one day account for our earthly stewardship.

    “Every leader will stand before the “Just Judge” (God) and account for the way he or she got into positions of authority and used the authority.

    “Propaganda in the print and electronic media will be of no assistance, lies told to get elected and falsehood peddled to remain in office will be of no value.”

  • Magu: Corruption adds legislature to its fighting Arsenal

    That Magu is competent, and performing, is easily confirmed by the number of foreign agencies  which indicated interest in observing how a jaundiced senate would handle his confirmation hearing.

    Sources at the presidency said there has been a cold war between Magu and members of the President’s kitchen cabinet who seek to interfere with ongoing corruption cases at the EFCC.  Matters reportedly came to a head recently when Sahara Reporters did an exposé that revealed how the Chief of Staff prevented an investigation that the commission had commenced against a powerful indigenous oil company, and Magu was accused of being the brain behind the leakage of the story. Related issues of contention include the planned commencement of the trial of the businessman, known to have been involved in multi-billion oil deals with former Minister of Petroleum Resources, Diezani Alison-Madueke. He had apparently been assured that he would not be prosecuted by the EFCC. Our sources revealed that Magu’s letter of nomination to the Senate for confirmation was delayed by the same individuals because of what they described as Magu’s “intransigence.” On the part of the DSS, sources within the administration say Magu was held to have stepped on their toes by constantly questioning why they usurped the role of EFCC in carrying out raids into the homes of corrupt former government officials, which is the domain of the EFCC. The DSS reportedly raided at least 30 homes of officials and aides of former President Goodluck Jonathan, but only managed to deliver a meagre N47m and $1.943m.”

    The above is a slightly edited, yet uncontroverted story, published by Sahara Reporters on June 22, 2016.  It should readily explain why the senate, never a friend of the president, nor of the executive branch, could so perfunctorily conduct what it called a confirmation hearing even where a decision had long been taken, a priori, to mess up an absolutely performing anti graft chief. That Magu is competent, and performing, is easily confirmed by the number of foreign agencies  which indicated interest in observing how a jaundiced senate would handle his confirmation hearing. It turned out that their fears were not misplaced.

    Even if it is not illegal as asserted by Femi Falana, SAN, nothing can be more immoral than having several members of the senate, currently undergoing trial/investigations that can readily see some of them to jail, by the EFCC under the same Magu, as Acting Chairman, actively participating in his screening for confirmation as the substantive head of the anti corruption agency. Only in Nigeria can this macabre dissonance ever happen. As things stand today, Magu’s fate would have been sealed even if Bukola Saraki, the senate President, were the only member of that chamber having issues with the agency for sundry malfeasance. However, the fact that not less than 10 of them, especially former state governors who have turned the senate to a sinecure, at least seven governors believed to have illegally profited from the diversion of N19B out of the N388.304B Paris Club refund, and several other high profile politicians currently being probed for stealing the country blind, is more than enough reason to achieve that unfortunate decision by the senate. Happily it is labour lost as the president must treat it with benign disregard just like President Jonathan did in the much protracted case of Ms Arunma Oteh, who some lazy bones in Nigeria wanted to mess up but is today the Treasurer, and Vice President of the World Bank. They are, forever, jealous of success even where not a few of them were rigged into our legislative houses.

    And why do I say this?

    I say this because there are only two ways to resolve the Magu conundrum: either President Buhari kowtows to the assemblage of  Nigeria’s  corrupt , and thereby, promptly erases the one reason – his integrity and  incorruptibility –  why  Nigerians voted him overwhelmingly in 2015, as well as  continue to repose great confidence in him as recently demonstrated by the huge crowd which welcomed him back home from his medical leave, in spite of the loafers  who want him dead, or he sticks, like  President Olusegun Obasanjo did with Professor Lola Borishade then, and remain  unwaveringly committed to a  Magu  who has proved beyond any iota of doubt that he is Nigeria’s best anti corruption chief ever.

    Without a doubt, it is only in Nigeria that an agency like the DSS could twice shame a Head of State by submitting reports which would lead to the non confirmation of the appointment of a candidate in whom he had demonstrated ample confidence by twice recommending him. President Buhari must now begin to see why not a few of us  criticized him when he chose to pack his kitchen cabinet as well as  the security agencies with members of his Fulani ethnic group many of who are believed to be his blood relations. Their recent behaviour is absolutely demonstrative of the saying that familiarity breeds contempt. But Nigeria belongs to us all. Nothing lasts forever except the grace of God. Robert Azibaola and George Turnah were once untouchable in this country. We can only hope that they will learn from history, even recent history. It is the height of disrespect for elements within the executive to so shambolically disgrace the president. If Magu’s case were to be so bad, the DSS should have convinced the president as to why he should not be recommended a second time to the senate, an arm of government which has shown, time and again, that nothing interests it more than shaming the executive branch. That this happened means that we cannot put anything beyond some elements in this government. Only this past week, we heard that some officials in the foreign affairs ministry deliberately worked against the country’s interest in the election of officials to a continental body. We can only hope that one of these seemingly untouchable public servants, would not one day bring war upon the country.

    News had filtered in a long time ago that Magu would only be confirmed on their death just so they can protect individuals who had robbed Nigeria silly. And since this is also the wish of the senate, the president must rise to the occasion and save a young man who is completely dedicated to the service of this country. It will be a great shame if Magu is laid bare for total enemies of Nigeria to deal with as they wish and the consequences will be truly dire.  Unfortunately, Magu has added another set of enemies made up of those state governors who are alleged to have turned themselves into consultants in the Paris Club refund issue thereby pilfering about N19B of funds that should have gone into paying a huge backlog of salaries and pensions. For days, many Nigerians could not eat after seeing the ghost-like pictures of two elderly Nigerian women who were going to be paraded on pension lines to be able to get paid the miserable amounts these governors pay them.  They have forgotten that God is on the throne and that they would not have to get that old before He repays them in full measure. God is not man that they would deceive Him and, like it or not, they will get their due comeuppance. Amen.

    The Attorney-General and the Sagay committee must do everything to prevail over the selfish designs of the president’s kitchen cabinet and all those working in cahoots with the senate in the Magu matter. They must let the President know the negative consequences of having a new man foisted on the agency; a new man who, from the first day would be beholden to the senate. He will simply become a slave to the Melaye’s of the senate; those who believe that Nigeria is theirs to deal with as they like. The President must also be made aware of how dispensing with Magu at this point in time will complicate, if not completely erode the massive assistance the agency is currently getting from foreign agencies both financial and in intelligence sharing because for  them Magu has been tried and tested  and found  worthy. Above all, taking Magu off the job now will be the end of most of the ongoing cases and President Buhari would, by that singular act, completely erode all the successes he has achieved in his anti graft war. Time is even against him.

    He must, therefore, not play into the hands of his enemies.

  • Ecologist wants law to ban butchers from exposing meat

    An ecologist, Mr Abdullahi Aremu, has called for legislation to ban butchers in the Federal Capital Territory (FCT) from carrying meat with motorcycles or exposing meat in markets.

    Aremu, the Director-General, Advocacy for Environmental and Sanitation Integrity, an NGO, made the call on Tuesday in an interview with News Agency of Nigeria (NAN) in Abuja.

    He described the wanton exposure of meat as “unhygienic and dangerous to human health.

    “Observation shows that many butchers, particularly in Abuja suburbs, have cultivated the attitude of exposing meat on streets and in markets.

    “The legislature at all levels should enact a law to ban this habit and punish butchers or meat sellers who expose meat on the roads and in markets,’’ he said.

    The ecologist said that exposure of meat often attracted flies, vectors of diseases, adding that the exposed meat was, therefore, unwholesome and not fit for human consumption.

    Aremu urged relevant authorities to deploy veterinary officers and health workers to abattoirs to ensure that the set standards for animal slaughtering and processing were strictly adhered to.

  • ‘Legislature’s budget secrecy affecting assessment of 2016 appropriation’

    The Accountant General of the Federation, Ahmed Idris, has blamed the inability of his office to determine the exact annual capital budget performance on the secrecy in the National Assembly’s budget.

    The AGF, who spoke at the 2017 budget defence of his office conducted by the Senate Committee on Finance, said it would be improper to say the actual budget performance of the Federal Government without the knowledge and disclosure of the National Assembly budget.

    Idris, however, gave the general performance of his office budget for 2016, taking into cognisance the three components of the appropriation, as 89.5 percent.

    He spoke while responding to the request of the committee that he provide it with the capital performance of national budget for 2016.

    The committee chairman, Senator John Owan Enoh, had said: “Let us take the liberty of over-sighting you and request that if you can, let us have the record of the total capital performance or delivery of the 2016 budget, not just of your office but all others.”

    The AGF said: “Distinguished senators, let me also say all these performances we are talking about, in terms of capital performance or delivery, it does not include capital component of statutory organisations.

    “Some of them, we don’t have their performances. For instance, I don’t have the capital performance of the National Assembly budget. But I know how much I release every month. So, it is the management that decides their capital. With this, it’s difficult to know the overall capital performance of national budget. “

    The committee demanded explanation for what it called “disproportionate release of funds to ministries, departments and agencies of government in the 2016 appropriation”.

    The committee also wanted to know why the 2016 budget performance of the Office of the Accountant-General stood at 72.2 per cent, while other agencies stood at between 60 and 70 per cent.

  • The legislature and good governance

    The legislature and good governance

    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 known as legislators.

    In every nation, the legislature, as the accredited representatives of the people, has the duty of promoting national development through its chain of activities. In Nigeria, legislature has the mandate and is under obligation to initiate debate and show concern on matters affecting the generality of people in the country. Expectedly such activities should be directed toward reversing declining economy, stabilizing the polity and integrating society with overall aim of enhancing national development.

    Historians have traced the history of legislatures from the group of barons who forced King John to sign the Magna Carta, through the development of the British Parliament, to the conflict between Parliament and King Charles the First (which led to the later execution), the Glorious Revolution, the establishment of colonial legislatures and the attempts by King George to minimize their power.

    In English political history, the legislature appeared in the 13th century as an assembly of knights and burgesses summoned irregularly by the monarch for consultation on taxation. By the end of the seventeenth century, the middle-class had successfully used parliament to secure its political aims. Thus, parliament became the instrument by which newly powerful group in society could advance their interests and introduce innovations into and modernize the society. Parliament was used to bring development to the English society and has ever since continued to be used for this purpose. Most legislatures do this in the nations that they serve.

    The development of the legislative institution in Nigeria, however, can be traced to 1861 when the colonial government officially occupied Lagos. As a means of governing the colony of Lagos, the colonial Governor established a Legislative Council to oversee the affairs of the Colony. The ten hand-picked members of the legislature had only two members who were Nigerians. The Legislative Council, however, did not perform any law-making function but served as an advisory body to the colonial governor until later.

    It is interesting to begin by saying that when referring to democratic governance, whether parliamentary or presidential, the organ of government that captures the mind most is the legislature. Legislature is the place where the public sees democracy in action, in the form of debates, and consideration of motions, resolutions and bills. There is no gainsaying the fact that legislator is the closest politician to the voter in his constituency. Therefore, in examining the role of legislature in nation building in Nigeria, it is apt to look at the word of John Stuart Mill that “it is the duty of legislature to watch and control the government.”

    In a democracy, the legislature plays an important role in the amendment of the national constitution, selection and appointment of senior government as well as the supervision of social, political and economic conditions in the country.

    Good governance

    Good governance is about the processes for making and implementing decisions. It is not about making ‘correct’ decisions, but about the best possible process for making those decisions.

    Good decision-making processes, and therefore good governance, share several characteristics. All of them have a positive effect on various aspects of government, including consultation, policies and practices, meeting procedures, service quality protocols, councillor and officer conduct, role clarification and good working relationships.

    In a well-cited quote, former UN Secretary-General, Kofi Annan, once noted that “good governance is perhaps the single most important factor in eradicating poverty and promoting development”.

    Good governance is imperative for social and economic progress. Good governance involves justice, equity, protection of life and property, enhanced participation, preservation of the rule of law and improved living standard of the populace. Governance is termed bad when it fails to achieve these purposes. Good governance is about the performance capacity of a government or as it relates to leadership capability. Failure of governance, therefore, could expressly mean failure of leadership.

    Meanwhile, an unassailable fact is that the parliament or legislature plays an important role in the life of a nation to bring about good governance. You will all agree with me that the statutory role of legislature is to make laws. In fact, in the classical sense, the key role of parliament is to make new laws and change or improve old ones. This is the reason the parliament is also known as the legislature.  However, the role of parliamentarians in nation building goes beyond making laws as the legislature carries out many other important functions in our polity with the intendment of promoting good governance and development.

    Also, with the power of appropriation vested in the legislature by Sections 81 and 121 of the Constitution as amended, no money shall be withdrawn from the Consolidated Revenue Fund or other public funds without the authorization of the legislature. In other words, tax payers’ money cannot just be spent anyhow.

    It is likewise the role of parliamentarian to hold government accountable. The legislature, through its oversight functions, holds the ministries, departments and agencies (MDAs) accountable to the public. Since it has the responsibility to appropriate and allocate funds to the various government institutions for their operations, it naturally follows that the legislature must oversee these institutions to ensure that the public get value for their money and ensure that these institutions are run in accordance with the laws of the land. As their representatives is a sole responsibility of parliamentarians. Towards nation building, parliamentarians are to protect and defend the interests and rights of their constituents. Much more importantly, as the true representatives of the people, we also ensure that the dividends of democracy are attracted to our respective constituencies to serve the best interests of our people. These are geared towards achieving good governance.

    Achieving good governance requires the existence of a strong, effective and efficient parliament. This is so because parliament plays a crucial role in gauging, collating and presenting the views and needs of the people, articulating their expectations and aspirations in determining the national development agenda.

    Without mincing words, the legislature occupies a central role in any democratic setting. Of course, a government may exist without the legislature. Nevertheless, without the legislature, democracy is not possible. The existence of a parliament may not be synonymous with democracy, but democracy cannot exist without a parliament.

    As is evident, legislature is a veritable instrument and institution for national development whose effectiveness is determined by some local variables. With the roles of the legislatures all pointing towards good governance, it is not out of place to say that the legislature is the bulwark of any nation.

    • Being excerpts from a lecture delivered by Hon. Obasa, the Speaker of Lagos State House of Assembly at a book launch in Ikorodu, Lagos

  • Kwara lawmaker lauds role of legislature

    Kwara State House of Assembly member, Hon. Usman Adamu, has stressed the role of the legislature in a democracy, saying the idea of representing various constituencies that make up a state or nation is the soul of democracy.

    Speaking to reporters in Ilorin, the Kwara State capital, Adamu warned against what he described as the vilification of legislators and the veiled attempt to portray them as saboteurs who do not have the interest of the masses at heart by unnamed individuals.

    He said: “The legislative arm of government is important, because that is where true representative democracy thrives. The originators of the system known as democracy in their logical reasoning came up with the idea of three independent arms of government to avoid too much concentration of powers in the hands of the executive.

    “In fact, there is no democracy without legislature and this point would become clearer when one takes into cognizance the fact that under military administrations the judiciary and executive are kept intact, while the legislature is shut down. It is reopening of the legislature that signals the resumption of democracy. It is through the legislative arm that people are represented.”

    He said the legislature is the most misunderstood institution and that the attempts to make the lawmakers guilty in the court of public opinion pose danger to the true growth and development of democracy.

    He added: “It is cheap blackmail and it is degrading to present the legislature as one peopled by those whose main interest is accumulation of wealth. The truth is that it is the legislature that makes democracy work through its oversight functions and other constitutional duties.

    “There is also a lot of hype about salaries and other emoluments. No one ever bothers about the executive. Look around and compare the lifestyles of former governors and those of former lawmakers, after leaving office, it would become obvious that everything about the legislature is always blown out of proportion.”

    The lawmaker, who represents Okuta/Yashikira constituency in the Kwara State House of Assembly, said Nigeria’s future is bright under President Muhammadu Buhari. He said: “The problems of insurgency, kidnappings and militancy would soon become a thing of the past, because the government is doing the needful to nip the problems in the bud.

    Adamu advised Nigerians to unite and avoid being used by politicians to champion ethnic and religious issues.

  • Model of legislature-executive relationship

    In a presidential system of government like ours, where the doctrine of separation of powers is deeply enshrined in our constitution, each of the three organs of government enjoys its independence. Indeed, the framers of the deliberately set out to ensure that both the doctrine of separation of powers and principles of checks and balances are adhered to so as to safeguard our democracy from tyranny and dictatorship.

    This is why the executive, legislature and the judiciary are all run and inhibited by different individuals in a manner stipulated by  law.

    As a student of constitutional law and politics, I have overtime come to understand and agree with the  fact that of  the three arms, the legislature enjoys enormous powers more than any other. Perusing through pages of the 1999 constitution, one easily notices that it is replete with so many powers to the legislature.

    While lawmaking is the primary responsibility of the parliament, there are also other powers, functions and responsibilities that are constitutionally discharged by the MPs.

    These include but are not limited to confirmation of nominated ministers, ambassadors and heads of parastatals, powers to investigate any matter, especially those under the exclusive legislative list, summon any person, quasi-judicial powers to investigate and indict, expose corruption, powers over the budget and appropriation or power to approve expenditure of government, confirmation of appointment of Judges, including Justices of the Supreme Court, powers to impeach the president, and so on and so forth.

    The reason why the constitution accords the lawmakers such  powers and responsibilities is borne out of the fact that they are directly elected by the people. In other words, they represent the sovereignty of the people because in a democracy, sovereignty rests with the people.

    More than the two other organs of government, the legislators are the direct and number one custodians of the social contract and the parliament is the heart, nerve and hub of democracy without which there can be no democracy.

    More specifically, in Nigeria, where we have a bicameral legislature, whereas the Senate represents equality of states, the House of Representatives, on the other hand, represents equality of the people.  This is why there is hardly any tribe,  ethnic group or local government in Nigeria that does not have representation in the Green Chamber.

    This explains why the House is popularly referred to as the people’s chamber or House of the Nigerian people.

    Historically, this very important chamber has consistently been led by progressive young leaders and this tradition was upheld on June 9, 2015, when Barrister Yakubu Dogara was elected Speaker.

    Since his historic election, Rt. Hon. Dogara has not left anyone in doubt as to his philosophy, principles and leadership style. The Speaker strongly believes in dialogue, negotiation and consensus building, which are the cardinal pillars of his leadership.

    Today, the rancour and bitterness that trailed the election on June 9 last year have been effectively confined to the dustbin of history as a result of Dogara’s maturity, humility and politics of compromise, which saw the emergence of his opponents as leaders and chairmen of committees in the House.

    No wonder he has continued to enjoy enormous support and loyalty from his colleagues, who acknowledge his transparency and open-door policy.

    As one who opens new frontiers, the relationship between the House and the executive is more than cordial under Dogara’s leadership, as both the speaker and his colleagues are at peace with the ruling party and the government;  working together to deliver good to the people.

    It is his belief that the executive and the legislature must not fight or be engaged in a supremacy battle before they can work to move the nation forward.

    At every opportunity, he emphasises that the primary interest of leaders at all levels should be the people and not their ego or power tussle. At every fora, Dogara would make it clear that the bickering that characterised the relationship between the two arms of government in the past should never be allowed to rear its head again under the change administration of the APC because this government, which came on the promises of change, cannot afford to fail the people.

    Many pundits have asked: why is the parliament not slugging it out with the executive? Why is it that the legislature seems not to be utilising its powers to the fullest? Why is it that the House of Representatives does not adopt  confrontational approach in  relating with the executive? Why are they not fighting the executive?

    Speaker Dogara had cause to provide answers to these questions when he visited Olowo of Owo, Oba Dr. David Victor Folagbade Olateru- Olagbegi in Ondo State recently.

    The speaker underpinned the fact that the House under his leadership does not see their role or relationship as a confrontational one but that of support for whatever the executive is doing to lessen the burden of the Nigerian people and improve their living condition.

    “We don’t adopt a very confrontational posture just for the sake of proving that we have separate powers as allocated to us by the constitution, we cooperate more to ensure that good is delivered to the people,” he stated.

    He maintained that it is only when democracy is threatened that “we raise our voices”, adding, “I remember we have been doing that in this government. How we handled the crisis in Kogi State House of Assembly. It was actually an APC leader who led investigation into the matter and we condemned the impunity even as members of the ruling party. This is change we are talking about.ý”

    It is Dogara’s philosophy that as leaders, their primary responsibility is to work out solutions in the midst of crisis and not add to it or engage in petty squabbles, or issues that constitute distractions.

    Another clear example is the way and manner he handled the crisis that trailed the 2016 Budget as passed by the National Assembly. When concerns were raised by Nigerians and the executive on some provisions of the document, the Speaker adhered to the voices of the people and annouced that the House has resolved to re-examine the document.

    It is his belief that although the powers of appropriation as clearly stated in the constitution is vested in the National Assembly,  such powers should always be exercised with caution so that the public interest is not endangered.

    He has kept to his words, knowing well that working together, the three arms of government can deliver greater good for the greater number of Nigerians and lift them out of abject poverty since the primary purpose of government is the security and welfare of the people. This is also in line with his philosophy of non-confrontational approach to Executive-Legislature relationship.

    This is the change that Nigerians have been yearning for, the change they voted for and the change they need desperately in these difficult times.

     

    • Hassan is Special Adviser,  Media & Public Affairs to Speaker Dogara.

  • Legislature’s job not to prepare budget estimates for executive

    SIR: The current face – off between the Presidency and the National Assembly (NASS) over whether or not the President should sign into law the 2016 Budget passed by the National Assembly without the details of the heads of expenditure estimates allocated to Ministries, Departments and Agencies (MDAS) provides Nigerians a unique opportunity to reflect and determine once and for all, whether it is the duty of legislators to prepare estimates for MDAS. The current controversy has arisen because, according to reports, the NASS had sent “estimates of the budget” as passed to the President for signing into law while it was still working on the details of the allocations to the various MDAS. I strongly maintain the view that the duty of legislators is not to prepare the estimates of MDA’s but to vet and approve estimates of MDA’s presented by the executive. For the National Assembly therefore, to expect the Presidency to sign into law budget items without details of the allocations to spending MDA’s smacks of a fundamental breach to the doctrine of separation of powers. It seems the legislature is attempting to take over the responsibility for policy execution which properly belongs to the executive arm of government.

    Attempts to gloss over and compromise this fundamental principle of separation of powers in a presidential system are fraught with grave dangers for the realization of democracy and good governance anchored on unhindered access to information, accountability, and service delivery. For instance, if the President as the head of the executive arm has no prior information as to what the legislature allocates to a ministry as an executive agency, he may not be able to properly direct and co-ordinate programme implementation. Budget padding and financial leakages can easily go on undetected. Secondly, if the legislature allocates fund to projects not captured in the manifesto of the President, the legislature could find it difficult to hold it to account for performance, while the electorates who voted on the basis of the President’s manifesto are short changed.

    Moreover, the oversight role of the legislature could be held in suspect if it is perceived that it is the same legislature that initiated and sponsored the allocation outside the knowledge of executive, who is also going out for auditing. On the other hand, legislative oversight will be more meaningful if it is believed that it is being carried out with utmost integrity and desire to preserve the independence of the legislative arm.

    Considering the implications, our National Assembly has a duty to help strengthen our nascent democracy by conducting the management of public finance with strict discipline even though they may have the freedom to legislate on any and all aspects of governance. It is for this reason that Section 81(1) of the 1999 Constitution as amended specifically states as follow:

    “The President shall cause to be prepared and laid before each House of the National Assembly at any time in each financial year estimates of the revenues and expenditures of the Federation for the next following financial year.”

    In other words, while the National Assembly has the power to pass the Appropriation Bill, due process and the doctrine of separation of powers demand that it should only pass the Bill on the basis of estimates duly prepared and laid before it by the President. The legislature ought not to presume and proceed to estimate and allocate monies the President does not ask for via an estimate presented by him. Unless those driving our on-going processes of evolving a culture of presidential system of government rooted in transparency, separation of powers, service delivery and accountability imbibe these fundamental disciplines, our journey to good governance could take longer than necessary.

     

    • Sir Sunday U. Akpan,

    Akwa Ibom State.

  • Progressive executive, reactionary legislature?

    What Nigeria’s National Assembly has morphed into an anti-people assembly is no news.  What is news is that leading lights in that reaction are now elements of the new progressive ruling party. When reactionaries wear progressive garb, what are they — progressive reactionaries?  Ha!

    Hardball’s Monday morning ire is stoked by The Nation’s story of March 4: “Lawmakers kill Buhari’s N500 billion for the poor”, which they claim is not a true reflection of their thoughts.  Guess the chief ideologue in that story?  Mohammed Danjuma Goje, chairman, Senate Committee on Appropriation, former PDP governor of Gombe State but now APC senator from Gombe.

    The senator, who in the story assumed the role of Mr. Fiscal Impossible, dismissed the N500 billion voted for the economic succour of most vulnerable Nigerians, in Budget 2016, as un-implementable. He spoke at a joint session of the Senate and House committees on Appropriation, en route to passing the 2016 Appropriation on March 17. At the briefing were Budget and National Planning Minister, Udo Udoma and Finance Minister, Kemi Adeosun.

    The “can’t do” senator said the modalities to implement the N500 billion intervention were not clearly stated in the budget; said when it got to the market folk, the budget spoke of “market women” when in his native Gombe, all they had were “market men”.  He also dismissed the Buhari Presidency’s proposed school feeding programme as un-implementable, because most of them studied under trees due to lack of classrooms.

    Well, maybe that was the situation in Gombe when the senator was governor. But pray, how do Osun, under Rauf Aregbesola, which has implemented the scheme for more than four years now; and Kaduna, under Nasir El-Rufai, which has just started implementing it, do the magic — a clear magic, which could have been beyond the ken of the senator as governor?

    When will the Federal Government cease to be the big-for-nothing, dog-in-a-manger bully that cannot do but won’t allow others who can, do?  Never, if the reactionary notion of the National Assembly is allowed to stand.

    Mercifully, Budget Minister Udo Udoma made it clear that the intervention was an inviolate campaign pledge, suggesting deferring implementation was out of question. That is good because the President has a mandate, forged from these promises.  He takes the flak if things go wrong, not some feckless National Assembly.

    Even then, Senator Goje’s remark on the schools feeding scheme shows his basic lack of understanding of the programme. Like many of his over-fed and over-pampered compatriots, the senator focused on the freebie from the state: why should you feed pupils when their parents should do so?  Teach them to fish, they thunder that popular cliché in holy rage, but don’t give them fish!

    But what of the business chain in the process en route to the feeding: the livestock, grain and chicken farmers whose businesses would get a boost?  The food vendor who would recharge his or her economy, and have more disposable income?  And the increased money in people’s pockets, which can be spent to reflate the economy? O no, forget the process, the end result is freebie!

    O yeah? But when did freebies become a crime — when vulnerable Nigerian masses are beneficiaries? Listen to the same National Assembly, on January 4, exactly two months to The Nation report. The news was the N4.7 billion to be shelled on buying Nigeria’s 469 federal lawmakers cushy cars.

    “There is no way,” Senator Sabe Abdullahi exploded, “we can exercise our legislative functions, especially in the area of oversight, using our personal cars.” Progressive rage, isn’t it?

    These legislators should get real and wean themselves from their overarching sense of self-settlement. If the President cannot dictate to them when it concerns their personal comfort, they certainly cannot dictate to the President when it is the collective comfort of Nigerians.