The Nation Newspaper

Tag: Legislature

  • Full-time or part-time legislature?

    The debate over full-time or part-time legislature is gathering momentum. Assistant Editor LEKE SALAUDEEN examines the pros and cons of the options and their implications for governance.

    Nigerians are sharply over the proposal that the country should adopt part time legislature. The debate was prompted by the huge remuneration paid the legislators without commensurate productivity. The proponents cited the N13 billion collected by the members of the eighth National Assembly as salaries and allowances for the month of June and July without initiating or passing a bill. It has been argued that Nigeria is already toeing the line of part time legislature due to the number of time the National Assembly goes on recess in a year. Analysts observe that the national legislature, in most cases, sits for about six months in a year; they sit for three days in week, they enjoy a two month annual recess, four weeks for Christmas and New Year festivities, two weeks for Easter, three weeks for end of session and four weeks for Islamic festivals. Added to this is the truancy of the legislators, during plenary, most of the seats are empty as the law makers are usually busy attending to their private business at the expense of the legislative work.

    Analysts have faulted the argument put forward by the leadership of the National Assembly that the House will reconvene when the President forward the list of ministers or issues of national interest that require the legislature approval. Are they in the parliament to deliberate on the executive bills or matters alone? Can’t they initiate bills and motions that will benefit their constituents and keep them busy? The long term recess embarked upon by the National Assembly suggests that there is no much to be done and that legislation can be done on part time.

    But, former Deputy Minority Leader Senator Olorunnimbe Mamora has hit back at the proponents of part time legislature, saying the proposal was not the answer to the impunity in the system. According to him, “part time legislature is not and can never be the answer to corruption in the country”.

    Mamora said: “I don’t think part time legislature is desirable because legislation has become somehow sophisticated; people tend to make mistake that all what the legislators do is to legislate. The major roles of legislators include: representation which cannot be done on part time basis; law making which must pass through a process like public hearing, research and personal inputs to come up with good legislation. There is also oversight function which cannot be done on part time basis”.

    He listed others as “confirmation hearing on those recommended for appointment by Mr President. The President can make appointments at any time. The Senate has to engage in confirmation hearing. How do you achieve that when you have part time legislature? There is also consensus building when there is crisis and the National Assembly has to summon people; you can’t predict when crisis will erupt. Remember, it is the duty of the National Assembly to scrutinise and approve budget. There is what is called policy incubation which is a function of the legislature. Issues brought before the legislature at the plenary have to be examined over a period of time before being forwarded to the executive for consideration as government policy. The National legislature also perform legitimising role. That is to say that the executive actions cannot become effective without legitimacy conferred by the legislature”.

    Reacting to the proposal on part time legislature, a stalwart of the Peoples Democratic Party in Sokoto State, Alhaji Shehu Dangiwa said it was a welcome development, noting that the present crop of legislators both in national and state Houses of Assembly are already working pastime.

    “Imagine the current situation where a legislative House only sits for two or a maximum of three days a week, and go on recess for several weeks in a year. What do you call that? It is part time but they are only wasting public funds on the pretence that they are doing full time legislative business. Look at the current national legislature that have sat two or three times since its inauguration in June is yet to pass a single law, yet members had withdrawn several millions of naira as salaries and allowances for doing nothing.

    “I have been an advocate of part time legislature since 1999. This was because in all developed countries Nigeria was trying to emulate, members of the legislature have their professions and they don’t resign their appointments to become lawmakers. Part time legislature would be good if the Federal Government wants to attract high-calibre people to politics. There is nothing stopping an accountant, lecturer or banker from venturing into politics and do it part time. This would enable them to still hold on to their jobs and do politics. It will be beneficial because all these people are coming with skills and experiences from their own professions. So why can’t we use these skills and experiences in shaping our country?

    But, Senator Chukwuka Utazi  (Enugu North) has described the call for part time legislature as unnecessary. He said the argument that it would reduce cost of governance by paying legislators sitting allowance is baseless.

    “Those making such calls were ignorant of the workings of the National Assembly. The legislature is one of the active arms of government and the law makers work all through their stay in the National Assembly, including holiday periods. Law makers engage in oversight of agencies and parastatals as well as committee meetings even during recess.

    “As a growing economy, Nigeria should be allowed to run a full time legislature to avail law makers the opportunity of contributing to its development. You cannot do this job on part time; the people saying we should run on part time are either ignorant or have a dislike for us. They said we fight and throw banters instead of carrying out our duties as lawmakers but that perception is wrong.”

    Gender rights activist, Hajia Raliat Ibrahim argued that the notion of part time legislation will reduce cost of governance in Nigeria. But she warned that unless corruption is fought and reduced to the barest minimum, the part time legislators who are ideally to receive less than full time legislators, will find a way to allocate a large amount in the budget to make up for their reduced salary.

    Ibrahim noted that the Nigerian Parliament is too costly and constitute a drain pipe on the nation’s economy. The current situation where a legislative House sits for two or three days a week and go on recess for several weeks in a year is unacceptable. The legislature should be made to attract people are committed to the service of humanity, she stated.

    President, Nigeria Voters Assembly (VOTAS), Comrade Moshood Erubami opined that the current agitation by the people for part time legislature stem out of the growing impunity, which start from late arrival in the House, outright truancy and low turnout, which translate to not doing enough to merit the high emolument being paid to the legislators.

    Erubami said: “If legislators arrive to time, and are present at all appointed time to do the job of legislation, oversight of the executive and truly represent the people, nobody will be against the status quo but many Nigerians are of the right opinion that many of the legislators are short changing the country and the House with regular absenteeism, irregular and untimely arrival at work which result in low productivity.

    “Pitiably, Nigerians watch with dismay how members stroll into the legislative chamber when the proceeding in the House is almost concluded without visible respect for the time schedules in the House, yet these are leaders whom we are expecting to lay good examples, serves as models for emulation.

    Making a case for full time legislature, Erubami said the duties of legislators are tasking and numerous and require moving of daily motions, initiating and supporting bills that seek  the good welfare and security of the people, focusing the betterment, growth and sustainable development of the constituencies where the legislators come from and the country in general. All these can be achieved under a full time arrangement. Full time will be the time allocated for participation of the legislators in the activities of the hallowed chamber of the legislature.

    Mamora said that part time legislature can only work in parliamentary democracy, not in presidential democracy. He explained that in parliamentary system, members of the cabinet are appointed from the legislature. Major decisions are taken at the party caucus. I don’t know of any country that practices presidential system and adopt part time legislature, he said.

    He noted the clamour for part time legislature stemmed from low productivity of the legislators; there is need for increase productivity.  “But the low productivity is across board. There is low productivity on the side of the executive and the judiciary. If there are issues, let’s find solutions to them and not demonising the legislature. The legislature defines democracy. If you remove legislature, you will have autocracy”.

    Erubami explains why people are calling for part time legislation is because of the fact that they do not by their attendance justify what they earn. “Legislators work less but are paid huge salaries at the expense of the growth and better welfare of the state they represent and the nation. However, as it is now we are operating a full time legislature, hence all legislators must arrive to time set for the business of the day, contribute to budget debates or discussion and initiate legislative dialogue, initiate and support bills, move motions on issues of national importance, participate in committee oversight activities and truly represent the people at the constituency and national levels.

    On what should be done to increase productivity of the legislators, Mamora asked the electorate to assess the quality of people being elected into the legislature in terms of their competence, capacity, educational background, ability and pedigree. It is not the amount a candidate can afford to win election but the quality of his personality that matters most.

    He said the electorate should monitor the performance of their representatives in the legislature. “They should ensure he is not a bench warmer. Watch his level of participation at the plenary and at the committee level. Many legislators are truants.

  •  A vote for part-time legislature

    SIR: The moment there is part-time legislature, we will separate the monkey from the donkey. Part-time legislature would ensure that only those who have the capacity, capability, zeal and tenacity of purpose would go to the legislative houses. We don’t need those who are bench-warmers or absentee/truant legislators. We don’t need those who have nothing to contribute on the floor of the parliament to continue to be our lawmakers. During the 1999 -2003 legislative period, the young man that represented my constituency – Mbaise Federal – Tony Anyanwu, set a record by initiating and sponsoring over 90 private member Bills. How many of the federal lawmakers who have recycled themselves since 1999 can boast of that?

    Cardinal to the vote in favour of part-time legislature is the high cost of governance in Nigeria. The jumbo salaries and outlandish allowances which our lawmakers cart away have continued to retard the progress and development of the country. Big size of governments has been our bane. We need to reduce cost of governance, avoid leakages and waste, in order to create jobs for angry and restive youths, who see affluence –  ”water, water everywhere but not a drop for them to drink.” We need to discard the present crop of lawmakers who manipulate constituency projects. We don’t need lawmakers who go to their constituencies only at election time, give the people handouts – rice, clothes and other items, get their votes, disappear, only to resurface and start building one or two facilities, give scholarships and so on, in order to continue to buy the people’s conscience.

    Let us try part-time legislature. Rome, they say, was not built in a day. We need professionals and men and women of intellect as lawmakers, not those who see legislative seats as returns on investment.

     

    • Ifeanyi Alia,

    Lagos, Nigeria.

  • ‘Legislature watchdog of democracy’

    ‘Legislature watchdog of democracy’

    •Lagos Assembly holds valedictory sitting

    Speaker of the Lagos State House of AssemblyAdeyemi Ikuforiji has said the legislature is the lifeblood and watchdog of the nation’s democracy.

    Ikuforiji stated this in his speech at the valedictory parliamentary session yesterday.

    He called on in-coming lawmakers to take their jobs seriously and to always hold the executive to account.

    His words: ”If, when and where necessary, you must hold the executive to account and ensure that governance is for the people and about the people.

    “Ensure that you make efficiency and transparency your mantra; failure is not an option.

    “Do not disappoint the electorate; always remember that there are many jostling to take your place.

    “In the constitution, the legislature is the first arm of government, I urge you to strive to be the best group of elected representatives.”

    Speaking on the activities of the House, the Speaker  added: “This world-class chamber is a testament to how far we have come as a House.

    “The bills we have passed  are pointers to the fact that we worked hard to earn the people’s trust.

    “In the area of human resources development, we are second to none. My colleagues and the support staff have been internationally and locally trained.

    This legislature has become a resource institution. We have consistently laboured to support the executive with the tools and conditions for building the Lagos of our  dreams- a  safe haven for prosperity and peaceful co-existence

    “I have no doubt that each member of this parliament has the competence and legislative acumen to successfully steer the affairs of anyassembly.

    “We saw to the implementation of the Self Accounting Law of 2001 and the establishment of the House of Assembly Service Commission and so many others

    “This House can always count on my support. I have no regrets whatsoever; I count it a privilege to have served in this Assembly.”

    The members eulogised Ikuforiji for his administrative acumen, humility, maturity and level headedness.

    Yinka Ogundimu congratulated Ikuforiji for building a strong legislative institution in the state.

    Ipoola Omisore said: “History will not forget you, you have exposed us to series of comparative legislature, you are an institution man, you care for the nation and you care for the institution.”

    Lanre Ogundimu said members have learnt from the Speaker’s humility, versatility, courage, brilliance, hardwork and forthrightness.

    Deputy Whip Rotimi Abiru said the Assembly has come a long way and that things have changed for the better under Ikuforiji.

    Sanai Agunbiade thanked Ikuforiji for making his re-election possible.

    The lawmakers thanked the staff of the Assembly  for making their jobs easier .

    They advised the incoming lawmakers to be patient to learn.

  • Role of legislature, judiciary in environmental governance

    This is the implication of the  provisions of section 4 (7a) of the 1999 Constitution as amended.

    A comparative study of the National and State Legislatures, in the discharge of the enormous powers bestowed upon them by the constitution since the inception of the current democratic experiment, clearly shows that whereas the National Assembly has been very assertive and proactive, most State Legislatures, regrettably, have allowed themselves to be completely emasculated and castrated by the state governors who, in several instances, have been very over-bearing in the way they conduct the affairs of their various states, (Odey,

    2013:2).

    In simple terms, the legislature performs three basic Roles namely: Law

    Making, Representation and Oversight. The Legislature oversight the executive arm of government which include the Ministries, Departments and Agencies (MDAs), to ensure that government is held accountable to the people from where it derives its sovereignty.

    However, the differences is that environmental governance requires that policy makers, decision – makers and practitioners (Le NESREA & NOSDRA) have full knowledge of the environmental factors within and around their municipalities. In environmental management and  governance, knowledge of the international regional, national and local environmental priorities is critical. Coupled with an in-depth understanding of the legislative requirements (Le the constitution, National Environmental Management Act, Disaster Management Act, National Health Act; Municipal System Act etc); municipalities should be  able to translate national policy tools at a local level; and put them into practice by designing environmental sector plans, by-laws and management system for implementation, compliance monitoring and enforcement.

     

  • ACN chieftain calls for part-time legislature

    ACN chieftain calls for part-time legislature

    Action Congress of Nigeria (ACN) chieftain prince Tajudeen Olusi has called for a part-time legislature at the federal and state levels, saying that it is cost ffective. The former member of the House of Representatives said that the move will encourage professionals to participate in elective politics.

    Olusi spoke in Lagos at the media parley organised by Senator Oluremi Tinubu, who represents the Lagos Central in the Senate. He said: “We need to return to part-time legislature. We have monetised everything. The main desire of the people now is to acquire wealth. During the colonial era, there was a Lagislative Council. It was part-time. In the First Republic, the House of Representatives was part-time.

    “In the 50s, we had councillors-Adeniran Ogunsanya, MacWeen, Itwas part-time. I was a part-time councillor. I was working with an oil company. I served as a councillor on part-time basis”.

    The politician alleged that cases of absenteeism are rampant among the legislators, maintaining that full-time legislators are not more effective than part-time legislators. He said that, if the part-time parliamentary method is restored, it will give room to more professionals, including lawyers, architects, town planners and others, to serve the country.

    Olusi also advocated for pensions for legislators as it is done in Canada, Brazil and Australia. he alleged that public officials steal money because of the fear of the future. He doubted, if a former legislator can be employed anywhere after leaving the parliament.

    The former legislator also spoke on the state of emergency in some northern states, stressing that it would not produce the desired result because, as he put it, “the problem is in the mind”.

    Olusi, who is a former commissioner in Lagos State, said that the state deserved a special status. he stressed: “Nigerians collectively have continued to oppress Lagos. A substantial part of the revenue from the port, which is our oil in Lagos, should accrue to us. Lagos was the Federal Capital Territory from the colonial days. During the colonial era, Lagos Town Council got two million pounds from the colonial government. All Nigerians dwell and trade here. Lagos deserves special status”.

  • How Legislature can be independent, by Tambuwal

    How Legislature can be independent, by Tambuwal

    No legislature can be truly independent if it relies on another branch of government to supply it information, House of Representatives Speaker Aminu Tambuwal has said.

    He said the legislature cannot wait on another arm to help it analyse data or lead the way in finding solutions to the myriad problems plaguing society.

    “It must insist on participating in the formation of policy and not be a rubber-stamp for executive proposals,” the Speaker said.

    According to him, if Nigeria’s democracy must grow, the challenge is to see how the legislative branch can be developed to remain true to the tenets of representative democracy and the legislative system.

    Tambuwal, a lawyer and member of the Body of Benchers, delivered this year’s Business Lecture of the Island Club. He spoke on the theme: The Legislature and the growth of our democracy.

    According to him, constitutionally, the legislature has three fundamental functions: representation, legislation and what is often referred to as oversight, and for it to be effective, it must be able to perform creditably in the three areas.

    To perform those functions, the Speaker said the legislature must first develop a capacity to think independently, to understand complex issues of governance and policy, and to be capable of verifying information through its own sources and techniques.

    He said any legislature performing its representative functions, therefore, must have first-hand knowledge of the real needs of the people and must be at the forefront of making sure those needs are met.

    He believes it is not only odd, but brazen arrogance for anyone to pretend to know what is good for the country better than those that the people elected to be their voices, their representatives and their mouthpiece.

    Tambuwal said when the House insists on having a say in the determination of constituency projects, the members are merely saying that they have first-hand knowledge of what the people’s needs are more than anyone else.

    This, he explained, is because they represent and interact more intimately with those who will use the infrastructure, services and facilities.

    “When we say the budget for this or that should be raised or lowered, we are not just engaging in idle talk or muscle flexing.

    “We speak because the lives of our people are involved, because we are the voice of those who do not have the financial or political clout to make their words count.

    “We speak because we must, because it is our job to hold brief for the people who elected us to prosecute their case.

    “When we insist on asking how the money appropriated was spent or try to hold some government official to account, we are merely acting as guardians of the commonwealth, and making sure that the people get value for their money so that a nation blessed with such abundance does not continue to remain at the bottom rung where poverty, diseases and death are rampant,” Tambuwal said.

    The Speaker said democracy demands sovereignty of the people and equality before the law, adding that a people cannot be said to be sovereign unless their interests become the foremost reason for governance.

    This, he said, cannot happen unless the arm of government which represents them exercises the latitude to do its work without threat or blackmail.

    “Part of the duty of the legislature is to act as a counterweight and constantly balance the powers of the executive so that we can avoid the problems that will otherwise arise.

    “If we fail to act as a check and a balance, we would be aiding and abetting a crime.

    “There is no way that democracy can thrive unless the three arms of government respect their constitutionally assigned roles and cooperate together for the benefit of our country.

    “As members of the House of Representatives, we shall continue to work towards the sustenance of our hard earned democracy for the benefit of our people,” Tambuwal said.

    At the end of the lecture, the Speaker was conferred with a membership of the Island Club, with number 7620.

    “I accept with a sense of humility to be a member of the Island Club. I will abide by the rules and regulations of the club so long as they don’t conflict with the Constitution of the Federal Republic of Nigeria,” Tambuwal said.

    Before the lecture, members of the club had jokingly asked him to leave the Peoples Democratic Party (PDP) and join the newly-formed All Progressives Congress (APC).

    The Speaker said he would put it to a voice vote. Although those in favour of him joining APC were in the majority with the large chorus of “Ayee!” Tambuwal said: “The “Nays” have it.”

    He was also presented with a commemorative plaque to mark the lecture.

    Among lawmakers who accompanied Tambuwal are Yomi Ogunnusi, Rafeequat Onamamiro, Lanre Odubote, Deji Jakande, Moruf Fatai, Minority Leader Femi Gbajabiamila, Jumoke Okoya-Thomas, Babatunde Adewale, Usaman Bawa, Chief Whip Ishaka Bawa, Deputy Minority Whip Garba Muhammed, Adenekan Ifelodun, Victor Ogene, Razaq Bello-Osagie, and Akinloye Hazeez.

    Among Island Club members present were Secretary Diji Vera-Cruz, Treasurer Deacon Femi Aborowa, Social Secretary Aare Kamorudeen Danjuma, Assistant Social Secretary Jide Winsala, among others.

     

     

  • Many ‘sins’ of Executive, by Legislature

    The doctrine of separation of powers, in a presidential democracy, presupposes that each arm of government is assigned certain responsibilities and powers, which it exercises with a measure of independence and, in the process, ensures checks and balances within the general mechanism of governance.

    The provision for checks and balances in every democracy is intended to serve as a bulwark against likely abuses and excessive application of powers by an arm of government. Where such is absent, and an arm is allowed to exceed its bounds unchallenged, a state of anarchy could arise.

    The National Assembly seemed aware of this when it condemned what it sees as a growing culture of disdain in the manner the Executive treats legislative resolutions. Members of the legislative arm have reportedly lamented that most of their resolutions had consistently been left unattended to by the Executive.

    Although the legislators have not made public the steps they intend to take to correct this perceived disregard of an arm of government, one thing is clear: the anger expressed by the National Assembly is capable of further heigtening the rancorous relationship between both arms in recent past.

    The question many have asked is: whether or not the Executive, in a democracy – propelled by the dogma of the rule of law, a component of which is the doctrine of separation of powers – has the liberty to choose and pick which legislative resolution to implement.

    It is the primary responsibility of the Legislature to make laws for the good governance and administration of the state. The Executive, on the other hand, has the responsibility of implementing such laws.

    That the Executive has little option in this is underscored by the constitutional provision that arms the Legislature with the power of veto, where the Executive seeks to prevent birth of a law by withholding its (presidential) assent.

    While those who sympathise with the National Assembly are of the view that the Executive cannot pick and choose which legislative resolutions to implement, others argue that resolutions by the legislative houses lacked the force of law.

    The first party argues that since in executing its functions, the Legislature speaks through two major media – law and resolutions – the Executive is bound to implement such products of legislative deliberations. The other argues to the contrary, insisting that since Section 4 of the Constitution, from where the legislative arm derives its function, did not include resolution, it cannot be equated with law.

    Blacks Law dictionary defines resolution as a “formal expression of opinion, intention or decision by an official body or assembly, especially a legislative.”

    Experts in parliamentary jurisprudence said the practice of submitting and voting on resolutions is a typical part of business in legislative houses and other public assemblies. Legislators, they said, could apply their resolutions to serve two purposes.

    The first type of resolution expresses the lawmakers consensus on matters of public policy. This includes instances where lawmakers routinely offer criticism or support on a broad range of social issues, legal rights, court opinions, and even decisions by the Executive. The second is when lawmakers pass resolutions for internal, administrative purposes.

    They further said although parliamentary resolutions are not laws per se, there are instances when resolutions can have the effect of law. Such circumstances include when a resolution is jointly passed by both chambers (in a bi-camera legislative system).

    A joint resolution implies “a legislative resolution passed by both houses.” It has the force of law subject to executive veto. An instance existed on February 9, 2010 when both houses of the National Assembly passed separate resolutions on the same issue at the height of the uncertainty created by the health of the late Presiden Umar Yar’Adua.

    The houses had, pursuant to the provision of Section 145 of the Constitution, invoked the doctrine of necessity and passed a resolution to the effect that the then Vice President, Goodluck Jonathan, should discharge the function of the office of the President, Commander-in-Chief of the Armed Forces of the Federation as Acting President.

    Resolutions are treated as mere expression of opinion by legislators when they are concurrently passed. That is, when a resolution passed by one house is later agreed to by the other. Concurrent resolution has no force of law.

    Both houses of the National Assembly have, in recent time, passed a number of resolutions that the Executive has treated as concurrent resolutions. Some of such include those passed at the height of the crisis generated by President’s Jonathan’s sudden announcement of the withdrawal of petroleum subsidy in January last year.

    Although it was the House of Representative that first passed the resolution asking the Executive to reverse the decision, the Senate did the same. But Minister of Information Labaran Maku was later quoted as describing such resolution as mere opinion of the National Assembly. The Executive never obeyed the resolution.

    Bothered by the humongous amount in the allegation of fraudulent conduct against the Chairman, Pension Reform Task Team (PRTT), Abdulrasheed Maina, both chambers of the National Assembly resolved that he be sacked.

    When that did not work and he continued to disregard its invitation, the Senate later directed the Inspector General of Police (IGP), Mohammed Abubakar to effect Maina’s arrest.

    Like Maina, the IGP spurned the lawmakers. It took threats of a showdown with the Presidency before Maina was declared wanted by the police and his later removal as the head of the PRTT. But his arrest has not been effected by the IGP.

    On July 19, 2012, the House of Representatives, while adopting the report of its ad-hoc committee on the investigation into the near collapse of the Nigerian capital market, resolved, among others, that President Jonathan should sack the Director-General, Securities and Exchange Commission (SEC), Ms. Arunma Oteh, for supposedly being unqualified, by the provisions of the law, for the position.

    The legislators accused her of being incompetent and unable to effectively manage the commission and inherent regulatory failures, which they said could lead to the collapse of the capital market, if left unchecked. The Senate also passed a similar resolution.

    Ms Oteh is still in office today. The 2013 budget is said to be threatened by the National Assembly’s refusal to allocate funds to SEC on account of the President’s decision to retain her and the Executive’s alleged insistence that funds be allocated to SEC.

    There was also a motion last year at the House of Representatives titled: “Need to address Power Holding Company of Nigeria (PHCN) corporate customers’ unwillingness to pay their bills.” Based on its resolution, the House directed the Head of Service of the Federation, ministers of Defence and Police Affairs, and other relevant authorities to prevail on their respective agencies and institutions to settle all their outstanding electricity bills within four weeks.

    It also directed the mMinistry of Finance to deduct at source all unsettled bills at the expiration of one month and remit same to the PHCN. Till date, the resolution exists only as mere resolution.

    The Senate in December 2011 adopted all the 45 recommendations of its adhoc committee that probed the activities of the Bureau of Public Enterprises (BPE) since 1999 to date.

    Among the adopted recommendations are the removal of the Director-General of BPE, Ms. Bolanle Onagoruwa, for “her gross incompetence and for the illegal and fraudulent sale of the Federal Government’s residual shares in Eleme Petrochemicals Company Limited.”

    They also indicted former heads of the Bureau, Mallam Nasir el-Rufai, Dr. Julius Bala and Mrs. Irene Nkechi Chigbue, for seeking approval directly from the President instead of the National Council on Privatisation (NCP) as stipulated in the Public Enterprises Act, 1999.

    For the failure of their respective core investors to deliver on the fundamental provision of Share Purchase Agreement/Post Acquisition Plan, the Senate also asked the NCP to rescind the sale of Abuja International Hotels Limited (NICON Luxury Hotel), Abuja; Sheraton Hotel and Towers, Abuja; the Aluminium Smelter Company of Nigeria (ALSCON); Katsina Rolling Mill; Transcorp Hilton Hotel; Volkswagen of Nigeria Limited; the Delta Steel Company and re-advertise the affected companies for fresh sale.

    The upper chamber also called on the NCP to rescind the sale of Daily Times of Nigeria (DTN) to Folio Communications Limited in keeping with the court judgments in suit (1) FHC/L/CP/1328/2009, (2) FHC/L/CP/244/10, and (3) FHC/L/CP/130/2010.

    The senators advised the Federal Government to implement the Inter-Ministerial Technical Audit Report on Ajaokuta Steel Complex dated July 2011, which recommended the completion and inauguration of the plant by the Federal Government.

    Furthermore, it recommended that the BPE should discontinue the use of privatisation proceeds to settle staff terminal benefits, consultancy fees, transaction expenses and execution of capital projects.

    The Executive on November 21, 2012 sacked Ms Onagoruwa. It did not link her sack to the Senate’s resolution. Also, the Executive, acting through the BPE, later cancelled the sale of ALSCON to United States-based BFI Group Corporation. It also failed to attribute it to the Senate’s recommendation.

    Aside the sack of Ms Onagoruwa and the cancellation of the sale of ALSCON, other vital aspects of the Senate’s resolutions are still pending before President Jonathan.

    The Executive has also remained silent on the Senate’s resolution, seeking a total restructuring of the Aviation sector.

    The Senate had, upon adopting the report of its committee that probed the crash of Dana Airline plane in Lagos, resolved that then Director-General of the Nigerian Civil Aviation Authority (NCAA), Harold Demuren, be sacked.

    They also called for the revocation of the Air Operating Certificate of the airline because it was not issued in full compliance with the Nigerian Civil Aviation (NCAA) Regulations 2009.

    The Senate also adopted the recommendation that the CBN should recover the N35.5 billion aviation intervention fund which was extended to Air Nigeria (owned by business mogul Jimoh Ibrahim) and guaranteed and disbursed by the United Bank for Africa (UBA), but was diverted to other uses.

    It further recommended that the Federal Airport Authority of Nigeria (FAAN) and the Nigerian Airspace Management Agency (NAMA) be properly equipped.

    Till date, aside the recent sack of Demuren, the Executive is yet to fully comply with the various laudable recommendations contained in the Senate’s aviation sector report.

    Alarmed by the spate of borrowing by all tiers of government, the House of Representatives on March 27, 2012 via a resolution, urged President Goodluck Jonathan to, within 60 days implement the provisions of the Responsibility Act 2007.

    Section 42 of the Act provides for the President of the Federal Republic of Nigeria to set overall limits for the amounts of consolidated debt of the Federal and State governments pursuant to the provisions of Item 7 and 50 of Part 1 of the Second Schedule to the 1999 Constitution (as amended) subject to the approval of the National Assembly.

    The lawmakers criticised President Goodluck Jonathan’s alleged consistent disregard of Section 42 of the Fiscal Responsibility Act for failing to fix a debt ceiling.

    On July 4 of the saime year, the House of Representatives issued another 90 day ultimatum to President Goodluck Jonathan to fix a debt ceiling for the country. But the President is yet to comply.

    On March 11, this year, the House of Representatives Committee on Public Account (PAC) asked the Inspector-General of Police (IGP), Alhaji Mohammed Abubakar, to present the chief executives of the Nigeria National Petroleum Corporation (NNPC), Petroleum Products Price regulatory Agency (PPPRA) and the Director Department of Petroleum Resources (DPR) before it.

    The heads of government agencies were expected to provide responses to queries raised by the Office of the Auditor-General of the Federation on the financial records of their organisations. Like the Maina’s case, the IGP is, again, dilly-dallying on this directive.

    Critics are of the view that this tradition of flagrant disobedience to parliamentary resolutions and directives by the Executive stems mostly from two sources. First, is the lack of respect for institutions by political leaders, who relish holding the rule of law in contempt. To this group of people, institutions and laws apply only to the poor and under-privileged.

    Second, is that state institutions exist only in names. They are not only weak and pliable, their operators lack the independence of mind to apply the rules as they ought to.

    To them, even if some parliamentary resolutions do not carry the air of compulsion, the Executive is not at liberty to treat such resolutions with disdain. Being decisions by an arm of government, such resolutions should be accorded the needed respect. They argued that even if such resolutions would eventually not be obeyed, it should be with the consent of the lawmakers.

    Some have also argued that the National Assembly is held in contempt perhaps, because it had squandered its reputation before the Executive and is no longer held in high esteem. There is also the argument that the Legislature should learn not to dabble into every issue by passing all manner of resolutions.

    Senior Advocates of Nigeria Yusuf Ali and Mohammed Belgore agreed that the growing culture of the elite’s impunity result from the non-observance of the tenets of the rule of law.

    In a paper titled: “Democracy today and the rule of law: Perspective of Nigeria’s democratic system”, Ali lamented the violation of the golden rules of democracy by the ruling elite.

    “Apart from all these, laws as it is in Nigeria of today are not meant for the elite or the political big wigs to obey, but for the less privileged in the society. The so called custodians of democracy, who are equally supposed to be custodians of the rule of law have abandoned the rule of law, for the rule of politics.

    “Judiciary is no more the hope of the common man, since it is apparent these days that the people at the helm of affairs and who claim to be democratic in nature prefer the rule of force, which is alien to democracy to operate instead of the rule of law that is embedded in it.

    “A country whose leaders do things that are the exact opposite of the doctrine of democracy, we cannot but conclude that, what we are witnessing in Nigeria today is far from democracy but very close to civil rule, and that our politicians need to have a change of heart by tailoring their governing style in line with the principles of democracy, by upholding the rule of law, which we had earlier said, is a driving force for the sustenance of democracy,” Ali said.

    Belgore, in an article entitled: “Where lies the rule of law in Nigeria,” argued that the rule of law hardly exists in Nigeria today. He observed that law enforcement agencies and government officers are the biggest violators of the law

    “Yet those very people, who openly violate the law know its value. They treat the law with disdain while in office. They undermine and obstruct it, but once they are out of office or have fallen from grace, they turn to that same legal process for redress. If the law and our institutions are to be robust, independent and just for all and sundry at all times, public officials must learn to respect those institutions, in and out of office.

    “It does not require a sociologist or criminologist to figure out that where the law is not supreme, there can be no proper and orderly society. Without order, there can be no peace and certainly without peace, there can be no progress. No nation can be great unless its institutions are bigger than its individuals no matter how high and powerful those individuals are,” Belgore said.

    Rights activist Fred Agbaje said the Constitution recognises law-making and passage of resolution as an adjunct of parliamentarian business.

    “Whether laws or resolutions, once passed, must be obeyed and implemented by the Executive. Failure to obey same by the Executive can result into conflict or friction between the Legislature and the Executives. And such frictions arising from disobedience and constitutional recalcitrance of parliamentary resolutions by the Executive can lead inescapably, to the impeachment of the President.”

    To Emeka Nwadioke, some resolutions of the legislature are mandatory, coercive and carry the force of law while others, though of questionable validity, are merely “advisory”.

    He added that it would seem that the legislature, sometimes, overreaches itself, perhaps in its desire to see real change. But, however noble the intendment of the legislature may be, even the courts have frowned on legislative acts which derogate the settled doctrine of separation of powers.

    “Instead, the legislators should create separate oversight or public accounts committees to rigorously track its oversight activity, use “confidence votes” to whip heads of MDAs in particular into line, and explore/deepen external oversight mechanisms such as ombudsmen and auditors-general.

    “They may hold more public hearings to “name and shame” officials engaged in malfeasance, bolster the publicity around such hearings, deploy the Freedom of Information Act where necessary to access certain documents, and in appropriate circumstances, repeal laws that extend prerogatives to the executive.

    “Indeed, the executive may be greatly undermined by public opinion if it fails to act on certain resolutions, even if advisory; the Maina saga is a case in point. The Legislature must be more strategic in engaging the executive if it is to achieve desired results.

    “Its seeming helplessness in the circumstances is needless, worrisome and self-defeating. The so-called advisory resolutions must be used sparingly, else they lose their relevance and compromise the standing of the legislature,” Nwadioke said.

    To Director, Legal Defence and Assistance Project (LEDAP), Chino Obiagwu, resolutions of the National Assembly or the state House of Assembly are not binding on the executive. They are merely at best advisory and it is only politically expedient for the Executive to implement them for good relationship with both arms of government.

    He advised that “If the Legislature is concerned about lack of compliance with its resolutions it should increase its political leverage against the Executive so that it can have more political bargaining powers.

    “That is why legislative independence and integrity are important. In situations where many legislatures, especially at the state levels, are mere appendages or rubber stamp of the executives, there is no way such assembly can expect its resolutions to be respected.

    “Another way is to make those resolutions into law by preparing a bill on them and passing it. There is no limit to which or what matter the Legislature can make law on or time limit for doing so. In that way, it becomes law and binding,” Obiagwu said.