{"id":6304,"date":"2017-12-12T08:29:35","date_gmt":"2017-12-12T08:29:35","guid":{"rendered":"https:\/\/everyday.ng\/?p=6304"},"modified":"2017-12-12T08:29:35","modified_gmt":"2017-12-12T08:29:35","slug":"why-it-is-difficult-to-remove-a-president-by-dogara","status":"publish","type":"post","link":"https:\/\/everyday.ng\/?p=6304","title":{"rendered":"Why it is difficult to remove a President, by Dogara"},"content":{"rendered":"

The National Assembly has contributed a lot in stabilising and deepening Nigeria’s constitutional democracy through strengthening of due process and the rule of law, Speaker of the House of Representatives, Hon Yakubu Dogara, has said.
\nSpeaking on the topic, \u201cDeepening Democracy: Role of the Legislature,\u201d at the third Public Lecture series of Nasarawa State University, Keffi, on Monday, Hon Dogara said the Nigerian parliament’s contribution to deepening democracy through its various functions helped to stabilise democracy in the country.
\nGoing down memory lane, the Speaker narrated how the bill he sponsored in the 7th Assembly which sought to simply procedures for impeachment of the President and Vice President was defeated during the constitution amendment exercise.
\nHe lamented that the provisions of section 143 of the 1999 constitution makes it impossible for the National Assembly remove the President or Vice President and described it as “satanic versus”.
\nHe maintained that emocracy is a government of laws and not of men and that with provisions of section 143 in place Presidents can choose not to obey the law saying, “because he can choose the laws to obey without any retribution
\nHon Dogara, argued that democracy cannot thrive without citizens’ active participation because it is the responsibility of the people to protect democracy and hold leaders accountable
\n“There can be no democracy without the active participation of the citizens. Any country where the government fear the citizens then it is a democracy.
\nHe declared, “The legislature in Nigeria has contributed immensely in deepening the practice of constitutional democracy in Nigeria, especially since the introduction of the 1999 Constitution, in its various functions. If Democracy rests on the Due process and the Rule of Law, it therefore means that our Democracy can only be as deep as the laws upon which it is built.”
\nThe Speaker also noted that the 8th House of Representatives under his leadership as Speaker, has made outstanding contributions to deepening democracy in Nigeria through the faithful implementation of its Legislative Agenda, which serves as a compass of its legislative activities for four years (2015 \u2013 2019) to deepen democracy in Nigeria.
\nHe added that the 8th Assembly achieved this by providing leadership in the areas of accountable and transparent government, citizens engagement, constituency representation, collaboration with its counterpart in the Senate and other arms of government to legislate for the common good of the Nigerian people, legislation to create reforms in Nigeria\u2019s national economy and development, tackle poverty, unemployment, confront the scourge of corruption, terrorism and security challenges in the country, environment and reduction in the cost of running government, reduce wastage and tackle National Revenue leakages.
\nThe Speaker also said other areas the House has been committed to playing its part include rescuing Nigeria from the clutches of hunger, poverty, disease, social, economic, political and infrastructural quagmire and ensuring transparency and accountability, not just by the House of Representatives but also by government at all levels.
\n“Even the most casual observer of Nigeria\u2019s democracy in the last three electoral cycles would admit that despite perceived gaps in the exercise of its oversight mandate, the legislature at the national level has achieved a modicum of institutional growth. At the national level, the legislature is increasingly becoming more assertive in the process of law making,” he stated.
\nHon Dogara said it was in view of the fact that a weak legislature is antithetical to good governance and consolidation of the country’s hard won democracy, that the National Assembly, through various legislative measures, intervened to specifically strengthen the Legislative institution in order to position it to play its prominent role in our constitutional democracy.
\n“The National Assembly amended the Constitution in 2010 that placed it on the first line charge, thereby ensuring its relative financial and administrative autonomy.
\n“Furthermore, the National Assembly set up the National Institute of Legislative Studies to provide crucial capacity enhancement for legislators, legislative staff and the institution as a whole.”
\nOn issues of national unity and resolving crises and stemming centrifugal forces in Nigeria, he appraised the legislature as outstanding, citing, among others, examples of the enactment of The Niger Delta Development Commission (Establishment) Act 2000 and The Revenue Allocation (Allocation of On Shore-Off Shore Dichotomy) Act, 2004 for which the National Assembly overrode presidential veto, and the North East Development Commission Act, 2017 to rehabilitate, reconstruct and re-develop the zone.
\nHe also noted that the legislature shares in the success of Nigeria\u2019s 2011 which were acclaimed the most credible since 1999 and that the 2015 general election was even much better because of the specific interventions on electoral reform as contained in the First and Second Constitution Alteration Acts, 2010-2011 to grant the financial independence of INEC, consent of the Senate for the appointment of State Independent Electoral Commissioners, enhance internal party democracy through the introduction of compulsory party primaries with monitoring by INEC, authorising INEC to de-register Political Parties, introduction of electronic accreditation by INEC, among others.
\nThe Speaker also said the House of Representatives has exposed corruption through about hundreds of investigative hearings on economic crimes in the country over the years, with the 8th House of Representatives conducting over 50 Investigative Hearings.
\n“These include investigations on the award of contract for the rehabilitation of Nigerian Railways; Installation of CCTV Cameras in Abuja and Lagos, alleged $17 billion stolen from undeclared crude oil and LNG exports to global destinations; The investigative hearing on Centenary City Project; Pre- Shipment investigation, Amnesty programme and Several anti- corruption investigations have also been conducted by the 8th House of Representatives.”
\nAnother area he said the legislature has deepened democracy is through representation, where the legislator, due to his or her close contact with constituents, get direct knowledge of their needs and petitions on their grievances and agitations.
\nThe Speaker explained, “Representation is at the very heart of representative and constitutional democracy
\n“It is this democratic theory of representation that gave rise to what is now commonly known as Constituency or Zonal Intervention projects, which is now an entrenched policy deliberately crafted to ensure equitable representation of every constituency in the allocation and distribution of the resources of the nation.
\n “The rationale is that an elected member of parliament is closer to his people than unelected persons who hold sway in the budgetary processes and policy execution.
\n“The Representative role of the legislature includes providing democratic legitimacy for the government. The accessibility of the Legislature to the ordinary citizen helps to engender confidence in the system. Citizens who regard their government as legitimate are more likely to obey laws, support the regime and accommodate diverse points of view. Citizen participation in the legislative process is vital to creating this sense of legitimacy.”
\nThe full speech:<\/strong>
\n\u201cDEEPENING DEMOCRACY:THE ROLE OF THE LEGISLATURE\u201d.
\nPREAMBLE:
\nIt is with great pleasure that I accepted the honour and privilege of
\nspeaking to this ivory tower on the topic \u201cDeepening Democracy: Role
\nof the Legislature\u201d. This I understand is the third in the Public
\nLecture series of the University. I am particularly delighted for the
\nopportunity to share my views and experiences with all of you, but
\nparticularly, the students who will soon be saddled with the
\nresponsibility of leading our country in various aspects of human
\nendeavour. It is my hope that at the end of the day you will be left
\nin no doubt that the legislature is the true organ of representation
\nof the people.
\n2. May I first bring to you the complements of the House of
\nRepresentatives of the Federal Republic of Nigeria, one of the two
\nchambers of the National Assembly vested with the \u2018legislative powers
\nof the Federal Republic of Nigeria\u2019 by the Constitution. The other
\nbeing the Senate (Section 4(1).
\n3. Permit me also to thank the Vice Chancellor, Governing Council,
\nthe Senate, Congregation, Academic and Non academic Staff and Students
\nof this great citadel of learning for inviting me to speak.
\nINTRODUCTION AND DEFINITION OF KEY CONCEPTS:
\n4. I will approach this lecture by first defining key concepts. I
\nwill thereafter locate the source of authority of the legislature, its
\nfunctions and role in a democratic society, and finally x-ray the
\nactual performance of legislative functions over the years to enhance
\nand deepen democracy in Nigeria. For the purposes of this lecture, I
\nwill concentrate on the role of the National Assembly, knowing full
\nwell that the functions of the legislature at the national and state
\nlevels are basically the same. Moreover, there is not enough
\ninformation to appraise the performance of State Houses of Assembly in
\nNigeria.
\n5. Without sounding very academic it is obvious that this lecture
\nwould not be complete without understanding some concepts relevant to
\nthe topic of discussion, especially Democracy and Legislature. What
\ntherefore is democracy and how has it evolved over the years? It seems
\nfrom available evidence, that there are no settled definitions of
\nDemocracy. It means different things to different people and is
\nlargely dependent on the type and system of government being practiced
\nby a given political entity. Historically, democracy comes from two
\nGreek words, \u2018Demos\u2019, meaning \u2018people\u2019 and \u2018kratos\u2019, meaning, \u2018rule\u2019
\nor \u2018power\u2019. It is thus, a system of government in which the people
\nrule. Democracy also has roots in the Magna Carta, England’s “Great
\nCharter” of 1215 that was the first document to challenge the
\nauthority of the English king, subjecting him to the rule of the law
\nand protecting his people from feudal abuse. In our modern era,
\nperhaps the most popular definition of democracy is credited to
\nAbraham Lincoln, the former President of the United States, in his
\nGettysburg Address, where he described democracy as: \u2018Government of
\nthe people by the people for the people\u2019. It was Winston Churchill,
\nthe former British Prime Minister who said: \u201cDemocracy is the worst
\nform of government, except all those other forms that have been tried
\nfrom time to time.”
\nThe Britannia online description of democracy, is perhaps a good
\nfoundation of understanding the different strands of democracy, thus:
\n“The term has three basic senses in contemporary usage: (1) a form of
\ngovernment in which the right to make political decisions is exercised
\ndirectly by the whole body of citizens, acting under procedures of
\nmajority rule, usually known as direct democracy; (2) a form of
\ngovernment in which the citizens exercise the same right not in person
\nbut through representatives chosen by and responsible to them, known
\nas representative democracy; and (3) a form of government, usually a
\nrepresentative democracy, in which the powers of the majority are
\nexercised within a framework of constitutional restraints designed to
\nguarantee all citizens the enjoyment of certain individual or
\ncollective rights, such as freedom of speech and religion, known as
\nliberal, or constitutional, democracy.” \u2013
\nBritannica Online http:\/\/www.eb.com:180\/cgibin\/g?DocF=micro\/164\/95.html.
\n6. In this lecture, it may be more accurate to use the term,
\nconstitutional democracy which Nigeria currently practices. That
\nNigeria is a democracy is even stated in the Constitution itself.
\nIndeed S.14 (1) of the Constitution of the Federal Republic of Nigeria
\n(the Constitution) provides that \u201814. (1) The Federal Republic of
\nNigeria shall be a State based on the principles of democracy and
\nsocial justice.
\n(2) It is hereby, accordingly, declared that
\n(a) sovereignty belongs to the people of Nigeria from whom government
\nthrough this Constitution derives all its powers and authority;
\nb) the security and welfare of the people shall be the primary
\npurpose of government: and
\n(c) the participation by the people in their government shall be
\nensured in accordance with the provisions of this Constitution.
\n7. The Constitution made an attempt above to itemize the ingredients
\nof the principles of democracy. S.14(2)(2(c) enjoins the observance of
\nsome form of participatory democracy. The key elements of democracy,
\ninclude:
\nA political system where the government is enthroned with the consent
\nof the governed through periodic free and fair elections; The active
\nparticipation of the people, as sovereign, in the affairs of State;
\nProtection of fundamental freedoms and human rights of all citizens;
\nGood governance which encompasses transparency and accountability of
\ngovernment to the people; Ensuring fidelity to the Rule of Law, in
\nwhich the laws and procedures apply equally to all citizens.
\n8. The system of government established by the Constitution meets all
\nthe democratic criteria set out above. The Federal, State and Local
\nGovernments can only be constituted through democratic processes which
\nrequires all the key actors especially Legislature and key officers in
\nthe Executive Branch like the President, Vice President, Governor and
\nDeputy Governor to be democratically elected. The Constitution also
\nguarantees \u2018the system of democratically elected local government
\nCouncils\u2019. The tenure of the Chief Executives of both Federal and
\nState governments is constitutionally limited to two terms of Four
\nyears each.
\n9. In addition, participatory democracy is constitutionally assured
\nthrough the right of a citizen to vote at elections for Executive and
\nlegislative offices and be voted for, subject to a set criteria of
\neligibility. There can be no democracy without the effective and
\nactive participation of the people. And as stated by former President
\nDwight Eisenhower:
\n“Politics ought to be the part-time profession of every citizen who
\nwould protect the rights and privileges of freemen\u201d
\nThe Constitution further guarantees basic human rights and individual
\nfreedoms in Chapter 4 thereof. It establishes a presidential system of
\ngovernment that fairly separates the personnel and functions of each
\narm of government namely, the legislature that makes law, the
\nExecutive that executes the law so made and the Judiciary that
\ninterprets the laws. Apart from separation of powers of government,
\nthe Constitution introduced a lot of measures for checks and balances
\nof each arm of government. In Tony Momoh vs. Senate, the Supreme Court
\nadmonished that:
\n\u201cThe Nigerian Constitution separates the three arms of government \u2013
\nexecutive, legislative, and judicial \u2013 and each is supreme in its area
\nof authority, but only in so far as it confines itself to, and acts
\nwithin the powers conferred on it. If it exceeds such powers or acts
\nin contravention of or in conflict with the provisions of the
\nConstitution, it would be the duty of the judiciary to put it in check
\nat the instance of an aggrieved party.\u201d
\nThe purpose of these provisions is to ensure the enthronement of
\ndemocracy and the prevention of autocracy. It was felt that
\nconcentration of governmental powers in one department and fusion of
\nthe personnel of different arms would be anti democratic and may lead
\nto dictatorship. After all it was Lord Acton that said:\u2018 Power
\ncorrupts and absolute power corrupts absolutely\u2019. And as was admirably
\nstated by the Court of Appeal in Nemi vs. AG Lagos State, the rule of
\nlaw \u201cis the first principle of democracy as exemplified in the
\ndoctrine of separation of powers which is antithetical to autocracy\u201d.
\nHowever, the Constitution has not created so rigid a separation of
\ngovernmental powers as to lead to anarchy and breakdown of democratic
\ngovernance. It was this spirit that led the Court of Appeal to declare
\nin Gadi vs. Male,that in spite of the allocation of powers to these
\ndifferent arms, they \u2018are under an onerous duty to work with one
\nanother in a harmonious and congenial atmosphere, for the purpose of
\npromoting good governance and welfare of all persons in our country on
\nthe principles of Freedom, Equity, and justice\u201d
\n10. Having fairly dealt with the question of Democracy, it is now apt
\nto attempt a definition of what Legislature means.
\nHistorically, the idea of Legislature has been around for a long time.
\nThe Greek City States with Athens as the most prominent had a
\nlegislature called \u201cEcclesia\u201d, of which all citizens above twenty
\nyears of age were members.They meet forty times a year.
\nThe Constitution of Rome as far back as the 3rd Century BC, had four
\nclasses of lower Assemblies. It also had an upper legislative Chamber,
\ncalled the SENATE with a membership of 300 eminent citizens. They
\nusually reviewed decisions of the lower Assemblies. The Senate was the
\npre-eminent parliamentary body of the day and is one of the legacies
\nof the Roman Parliamentary System.
\nThe idea of a central legislative Assembly, Congress or parliament can
\nbe traced to Medieval Europe. The burning issue of Taxation and the
\nopposition to the ruling Monarch\u2019s control of taxation led to the
\nclich\u00e9 of \u201cno taxation without Representation\u201d as a banner of and the
\nbedrock of representative government.
\nThis eventually led to the birth of the British parliament. The
\nLegislature in the USA was a creation of the Constitutional Convention
\nthat produced the US Constitution.
\nLegislature just like Democracy has different meanings to different
\npersons. Loewenberg (1995:736) conceptualizes legislatures as
\n\u201cassemblies of elected representatives from geographically defined
\nconstituencies, with law making functions in the governmental
\nprocess\u201d. John Stuart Mills clearly emphasized that \u2018it is the duty
\nof the legislature to watch and control the government (executive); to
\nthrow the light of publicity in its acts, to compel a full exposition
\nand justification of all of them which anyone considers questionable\u2019.
\nIt is useful to underscore the fact that these generic functions of
\nthe legislature are adequately covered in the constitutional powers
\nassigned to the Nigerian legislature in the 1999 Constitution of the
\nFederal Republic of Nigeria as amended.
\nBut whatever definition you may adopt, the legislature is essentially
\na body of persons, who are empowered to make, change, or repeal the
\nlaws of a country, state or entity. The essential purpose of this
\nlecture is to showcase the role of the legislature in deepening
\ndemocracy and democratic practices, especially in Nigeria.
\nPOWERS AND FUNCTIONS OF THE LEGISLATURE:
\n11. The legislative powers of the Federation are provided in Section
\n4(1-5) of the Constitution and vested exclusively in the National
\nAssembly S.4(1). Furthermore, The National Assembly shall have power
\nto make laws for the peace, order and good government of the
\nFederation or any part thereof with respect to any matter included in
\nthe Exclusive Legislative List set out in Part I of the Second
\nSchedule to this Constitution. \u2013 4(2). It is further provided that
\n\u2018The power of the National Assembly to make laws for the peace, order
\nand good government of the Federation with respect to any matter
\nincluded in the Exclusive Legislative List shall, save as otherwise
\nprovided in this Constitution, be to the exclusion of the Houses of
\nAssembly of States\u2019 S.4(3).
\nThese provisions were interpreted in Attorney General, Abia State vs.
\nAttorney General of the Federation, where the Supreme Court, per Niki
\nTobi of blessed memory said: \u201cBy the provision(S.4(2)), the law making
\npower of the National Assembly is not restricted to the federal
\ngovernment, but also extends to any part of the Federation if the
\nlatter is in the Exclusive Legislative List. The second arm of Section
\n4(2), like the first arm, is not open ended. It is restricted to
\nmatters included in Exclusive List set out in part one of the Second
\nSchedule of the Constitution.\u201d
\n\u2018In addition and without prejudice to the powers conferred by
\nsubsection (2) of this section, the National Assembly shall have power
\nto make laws with respect to the following matters, that is to say:-
\n(a) any matter in the Concurrent Legislative List set out in the first
\ncolumn of Part II of the Second Schedule to this Constitution to the
\nextent prescribed in the second column opposite thereto; and
\n(b) any other matter with respect to which it is empowered to make
\nlaws in accordance with the provisions of this Constitution\u2019. S.4(4).
\nBy virtue of Section 4(5) of the Constitution \u2018If any Law enacted by
\nthe House of Assembly of a State is inconsistent with any law validly
\nmade by the National Assembly, the law made by the National Assembly
\nshall prevail, and that other Law shall, to the extent of the
\ninconsistency, be void\u2019.
\n12. The Constitution also provides in S.4(6) for States Legislative
\npowers as follows. \u2018The legislative powers of a State of the
\nFederation shall be vested in the House of Assembly of the State.\u201d
\nAnd by virtue of \u2018S.4(7): \u201cThe House of Assembly of a State shall have
\npower to make laws for the peace, order and good government of the
\nState or any part thereof with respect to the following matters, that
\nis to say:- (a) any matter not included in the Exclusive Legislative
\nList set out in Part I of the Second Schedule to this Constitution.
\n(b) any matter included in the Concurrent Legislative List set out in
\nthe first column of Part II of the Second Schedule to this
\nConstitution to the extent prescribed in the second column opposite
\nthereto; and (c) any other matter with respect to which it is
\nempowered to make laws in accordance with the provisions of this
\nConstitution\u201d.
\nThe effect of the S.4(7) provision is that any matter that is neither
\nin the Exclusive Legislative List or Concurrent Legislative List is
\nsquarely within the jurisdiction of the States as a residual matter.
\nThis was the view of the Supreme Court also In reOlafisoye, agreeing
\nwith Professor B.O. Nwabueze, thus, \u201cThe Federal arrangement under the
\nPresidential Constitution assigns to the federal government power over
\nenumerated matters, leaving to the state governments, the residue of
\nmatters not so enumerated, called residual matters.\u201d
\nS.4(8) states that \u2018Save as otherwise provided by this Constitution,
\nthe exercise of legislative powers by the National Assembly or by a
\nHouse of Assembly shall be subject to the jurisdiction of courts of
\nlaw and of judicial tribunals established by law, and accordingly, the
\nNational Assembly or a House of Assembly shall not enact any law, that
\nousts or purports to oust the jurisdiction of a court of law or of a
\njudicial tribunal established by law\u2019.
\nS.4(9) says that \u2018Notwithstanding the foregoing provisions of this
\nsection, the National Assembly or a House of Assembly shall not, in
\nrelation to any criminal offense whatsoever, have power to make any
\nlaw which shall have retrospective effect\u2019.
\n13. Apart from S.4 of the Constitution which is essentially power to
\nmake laws, the National Assembly has a plenitude of other powers
\nembedded in the Constitution, designed to enable it perform its
\nleading role in our democracy. These include power to conduct
\ninvestigations (S.88); to act as watchdog of public funds; power of
\nappropriations (S.80-84); power of confirmation of presidential
\nappointments, checks and balances, Oversight, removal of certain
\nofficials, approval of declaration of state of emergency,
\nimplementation of treaties, impeachment of Mr President and Vice
\nPresident and their removal from office; receipt of Auditor-Generals
\nReport; Power to make laws for the states in certain circumstances,
\npower to override presidential veto of legislation, power to regulate
\npolitical parties, power to approve troops deployments for war; power
\nto amend the Constitution; Power to regulate its internal proceedings;
\nOther powers include powers to establish Contingency funds and other
\npublic funds of the Federation or states; power to authorize
\nexpenditure from Consolidated Revenue Fund of the federation or states
\nthrough Appropriation Acts\/Laws; power of the National Assembly to fix
\nremuneration, salaries and allowances for President, Vice President,
\nChief Justice of the Federation and other officers specified in the
\nConstitution; and the power of the National Assembly to approve
\nproposals for revenue allocation from the Federation Account and
\ndistribution of monies from the federation account between the
\nFederal, State and Local Governments. In fact, a recent study
\nidentified about One Hundred and TwentyTwo powers of the National
\nAssembly embedded in the Constitution.
\n14. I have gone to this elaborate extent to leave no one in doubt as
\nto the plenitude of legislative powers vested in both the National
\nAssembly and the Houses of Assembly of the States in the Federal
\nRepublic of Nigeria. The next question that arises is as to how has
\nthese powers been used to deepen democracy in Nigeria?
\n15. I would answer this question by submitting that the very
\nexistence of an elected legislature in Nigeria is a major development
\nin Nigeria\u2019s democratic history as it was not always so. We are all
\nfamiliar with the story of military interventions in Nigeria and how
\nthey ruled for 29 years without an elected legislature. In Nigeria
\ntherefore the term democracy actually essentially refers to the
\nexistence of an elected legislature as the Executive and Judicial
\nbranches even though with an unelected Executive have always
\nfunctioned even under various military juntas.
\n16. An elected legislature has three essential functions; Law making,
\nrepresentation and oversight. We have already exhausted the law making
\nfunctions of the legislature represented by S.4 and other enabling
\nprovisions. The Constitution also clearly delineates the status of
\nmembers of the National Assembly and State Houses of Assembly as
\nrepresentatives. This is the inescapable interpretation of S.48 and 49
\nof the Constitution: \u201cThe Senate shall consist of three Senators from
\neach state and one from the Federal Capital Territory, Abuja\u201d.
\n\u201cSubject to the provisions of this Constitution, the House of
\nRepresentatives shall consist of three Hundred and sixtymembers
\nrepresenting Constituencies of nearly equal population as far as
\npossible, provided that no constituency shall fall within more than
\none State\u201d. This is the basis of the Legislatures\u2019 representative
\nfunctions.
\nOversight powers of the Legislature ensures that the parliament
\nexercises a supervisory role over the other organs of government in
\norder to enthrone good democratic governance. It performs its
\noversight functions through scrutiny of executive branch agencies and
\npolicies. The Constitution directly empowers the legislature to act as
\na check on the Executive Branch.
\nThis is the irresistible conclusion and interpretation of S. 88 thereof.
\nS. 88 says: \u201c(1) Subject to the provisions of this Constitution, each
\nHouse of the National Assembly shall have power by resolution
\npublished in its journal or in the Official Gazette of the Government
\nof the Federation to direct or cause to be directed investigation into
\n–
\n(a) any matter or thing with respect to which it has power to make laws, and
\n(b) the conduct of affairs of any person, authority, ministry or
\ngovernment department charged, or intended to be charged, with the
\nduty of or responsibility for –
\n(i) executing or administering laws enacted by National Assembly, and
\n(ii) disbursing or administering moneys appropriated or to be
\nappropriated by the National Assembly.
\n(2) The powers conferred on the National Assembly under the provisions
\nof this section are exercisable only for the purpose of enabling it to
\n–
\n(a) make laws with respect to any matter within its legislative
\ncompetence and correct any defects in existing laws; and
\n(b) expose corruption, inefficiency or waste in the execution or
\nadministration of laws within its legislative competence and in the
\ndisbursement or administration of funds appropriated by it\u201d.
\nFor the efficacy of the powers conferred on the legislature in S. 88,
\nthe Constitution provided the means for achieving the lofty goals
\nenunciated. Thus S.89 says \u201c(1) For the purposes of any investigation
\nunder section 88 of this Constitutional and subject to the provisions
\nthereof, the Senate or the House of Representatives or a committee
\nappointed in accordance with section 62 of this Constitution shall
\nhave power to –
\n(a) procure all such evidence, written or oral, direct or
\ncircumstantial, as it may think necessary or desirable, and examine
\nall persons as witnesses whose evidence may be material or relevant to
\nthe subject matter;
\n(b) require such evidence to be given on oath;
\n(c) summon any person in Nigeria to give evidence at any place or
\nproduce any document or other thing in his possession or under his
\ncontrol, and examine him as a witness and require him to produce any
\ndocument or other thing in his possession or under his control,
\nsubject to all just exceptions; and
\n(d) issue a warrant to compel the attendance of any person who, after
\nhaving been summoned to attend, fails, refuses or neglects to do so
\nand does not excuse such failure, refusal or neglect to the
\nsatisfaction of the House or the committee in question, and order him
\nto pay all costs which may have been occasioned in compelling his
\nattendance or by reason of his failure, refusal or neglect to obey the
\nsummons, and also to impose such fine as may be prescribed for any
\nsuch failure, refused or neglect; and any fine so imposed shall be
\nrecoverable in the same manner as a fine imposed by a court of law.
\n(2) A summons or warrant issued under this section may be served or
\nexecuted by any member of the Nigeria Police Force or by any person
\nauthorised in that behalf by the President of the Senate or the
\nSpeaker of the House of Representatives, as the case may require\u201d.
\nIn addition to the above, the legislature uses the instrument of
\nlegislation to strengthen its constitutionally assigned role of
\nproviding checks on the Executive. This is the basis for the enactment
\nof The Legislative Houses, Powers and Privileges Act which further
\nexpounds and gives teeth to the legislature to perform its functions.
\n17. Furthermore, the Constitution has given the legislature power to
\ncontrol its internal affairs by Regulation. S.60 of the Constitution
\nis to the effect that the legislature shall have power to regulate its
\nown procedure.
\nThe National Assembly has pursuant to this constitutional power,
\ncreatively made its internal operational rules called STANDING ORDERS
\nto guide its operations. And because the Constitution directly
\nprotects the sanctity and authority of the Standing Orders, it has
\ngiven the legislature further tools to use to safeguard its
\nlegislative prerogatives and ensure good governance in our practice of
\nconstitutional democracy.
\nCONTRIBUTION OF THE LEGISLATURE IN DEEPENING DEMOCRACY:
\n18. The legislature in Nigeria has contributed immensely in deepening
\nthe practice of constitutional democracy in Nigeria, especially since
\nthe introduction of the 1999 Constitution, in its various functions.
\nIf Democracy rests on the Due process and the Rule of Law, it
\ntherefore means that our Democracy can only be as deep as the laws
\nupon which it is built.
\n The 8th House of Representatives under my leadership as Speaker, at
\nits inauguration set out an ambitious Legislative Agenda, which serves
\nas a compass of its legislative activities for four years (2015 \u2013
\n2019) to deepen democracy in Nigeria. It committed in the Agenda thus:
\n\u201c..The legislature\u2019s contributions to Nigeria\u2019s democracy remain
\ncritical and important. The 8th House of Representatives will assert
\nits role in providing leadership in the areas of accountable and
\ntransparent government, citizens engagement, as well as constituency
\nrepresentation.
\nThe House of Representatives will collaborate with its counterpart in
\nthe Senate and other arms of government to legislate for the common
\ngood of the Nigerian people. Our legislative activities will cover
\ncritical spheres of life in Nigeria. The House will legislate to
\nachieve reforms in Nigeria\u2019s national economy and development, tackle
\npoverty, unemployment, confront the scourge of corruption, terrorism
\nand security challenges in the country. The House will also give
\npriority to green legislations to address environmental challenges
\nsuch as desertification, erosion and pollution. The 8thHouse of
\nRepresentatives will also work assiduously to improve the governance
\nprocess in Nigeria by legislating to cut the cost of running
\ngovernment, reduce wastage and tackle National Revenue leakages. The
\nHouse commits to playing its part in rescuing Nigeria from the
\nclutches of hunger, poverty, disease, social, economic, political and
\ninfrastructural quagmire.
\n The 8th House of Representatives, as a Peoples\u2019 Parliament, will be
\nsensitive to public demands for transparency and accountability not
\njust by the House of Representatives but also by government at all
\nlevels. Our legislative actions would therefore seek to build public
\nconfidence and trust and be responsive to citizens\u2019 questions
\nregarding the conduct of legislative business. The House will work for
\npublic good and serve as the institution that defends the rights of
\nthe people to an accountable and transparent government.\u201d
\nCONTRIBUTIONS THROUGH LAW- MAKING:
\n19. In the area of law-making, it has used its extensive law-making
\npowers to make land mark legislations and critical interventions not
\nonly to advance democracy in Nigeria but to promote the economic,
\nsocial and political wellbeing of Nigeria. The National Assembly has
\nover the years used legislative measures to also promote national
\nunity, democratic stability, national security and good governance.
\nLaw-making is perhaps the most important aspect of the work of the
\nlegislature. Legislation involves the introduction of bills by
\nlegislators. In Nigeria, a member may introduce a bill, called
\nPrivate-Members\u2019 Bills. The Executive, especially Mr. President may
\nalso initiate legislation by informing the Presiding Officer of his
\nlegislative proposals. This is referred to as Executive Bill. However,
\napart from money Bills, such as Appropriation Bill, Supplementary
\nAppropriation Bill, Contingency Funds of the Federation, the
\nConstitution does not give the President express powers to initiate
\nlegislation. This is a distinguishing feature of the presidential
\nsystem of government from the parliamentary system.
\nThe 8th Assembly at the incipient empanelled a Committee of experts to
\nreview all existing laws with a view to recommending ways by which
\nthey can be made adaptable to existing realities. A record number of
\nBills were produced by this Committee which if passed into law will
\nnot only help deepen our laws but clean up our statute books. By
\ndeepening our laws, the Legislature would have succeeded in deepening
\nour democratic process. This is one of the most important work of
\ndeepening our democracy that the legislature is currently engaged in.
\n20. Even the most casual observer of Nigeria\u2019s democracy in the last
\nthree electoral cycles would admit that despite perceived gaps in the
\nexercise of its oversight mandate, the legislature at the national
\nlevel has achieved a modicum of institutional growth. At the national
\nlevel, the legislature is increasingly becoming more assertive in the
\nprocess of law making. The 6th, 7th and 8th National Assemblies
\nshowed remarkable progress in terms of increase in the proportion of
\nMembers\u2019 Bill that were considered and passed into law over the number
\nof the Executive Bills that hitherto dominated Bills considered and
\npassed by the National Assembly. Many of them are high impact
\nlegislation that includes anti-corruption, Freedom of Information, and
\nconstitutional amendments that have deliberately sought to respond to
\nsome of the lacuna in the 1999 Constitution and tended to impact
\nnegatively on governance.
\n21. In order to ensure democratic accountability and ease the work of
\nthe legislature, with respect to its law making functions, parliament
\ncreates Committees with mandates on different areas or subjects
\ntraversing the gamut of the entire governmental functions. This makes
\nspecialists out of legislators and leads to better and more
\nqualitative legislative output.
\n22. I make bold to say that the National Assembly has been an
\nactivist, enlightened and progressive institution, focused on the
\npeople\u2019s interest since 1999. It has demonstrated its efforts in
\ndeepening democracy through the various legislations on all aspects of
\nour national life. It has been a formidable institution of the
\nNigerian people over the years in spite of its shortcomings as a human
\ninstitution.
\n23. The National Assembly\u2019s legislative response to the issues of
\nnational unity and resolving crises and stemming centrifugal forces in
\nNigeria has been outstanding. The following examples readily come to
\nmind. During the early Niger-Delta crises, the National Assembly
\nenacted two major pieces of legislation, namely:
\n– The Niger Delta Development Commission (Establishment) Act 2000 and
\n– The Revenue Allocation (Allocation of On Shore \u2013 Off Shore
\nDichotomy) Act, 2004.
\nThe National Assembly was so concerned with consolidation of peace and
\ndemocracy in Nigeria that it overrode presidential veto of the Bill
\nand provided more favourable financial terms than Mr. President
\nenvisaged.
\nOnly recently, the National Assembly responded to the socio-economic
\ndevastation and displacement of over 3 million people in the North
\nEast Zone by establishing through a Private Members Bill, the North
\nEast Development Commission Act, 2017 to rehabilitate, reconstruct and
\nre-develop the zone.
\n24. National Assembly also sought to re-dress the educational
\nimbalances between various states and regions and to uplift the social
\nstatus of every Nigerian by intervening legislatively in the education
\nsector through the: Compulsory Free Universal Basic Education Act,
\n2004, which mandatorily requires every government in Nigeria to
\nprovide \u201cfree universal basic education for all children of primary
\nand junior secondary school age\u201d. Citizens of democracy cannot afford
\nto stay ignorant and free.
\n25. The National Assembly intervened to provide a level playing field
\nfor the practice of freedom of religion by repealing the Nigerian
\nPilgrims Act, 1989 which catered exclusively for moslem pilgrimages
\nand replaced it with the National Hajj Commission of Nigeria (NAHCON)
\nEstablishment Act, 2006 and the Nigerian Christian Pilgrims Commission
\n(Establishment) Act, 2007, to take care of both Moslems and Christian
\nPilgrimages respectively.
\n26. In furtherance of the Constitutional prescription that security
\nand welfare of the people is the primary purpose of government, the
\nNational Assembly through various legislative measures have promoted
\ndemocratic stability in the country. The passage of following laws
\nbears this out
\n\u2022 The Nigeria Security and Civil Defence Corps Act, 2003;
\n\u2022 The Terrorism (Prevention) Act, 2011 as amended in 2012;
\n\u2022 Approval of the state of Emergency proclamation in the States of
\nPlateau, Borno, Yobe and Adamawa.
\n27. Perhaps the most important legislation passed by the National
\nAssembly is related to electoral reforms, geared towards ensuring free
\nand fair elections which is a sine quo non to any meaningful
\ndemocracy.
\nIn my own estimation, the contribution of the national legislature to
\nthe review of the legal and constitutional framework of electoral
\ndemocracy stands out as a landmark contribution to deepening democracy
\nin Nigeria. If indeed, the widely shared reports of domestic and
\ninternational observers that Nigeria\u2019s 2011 elections were the most
\ncredible since 1999 and that the 2015 general election was even much
\nbetter, the legislature in Nigeria should legitimately appropriate
\nsome of the credit.
\nThe following are some of the specific interventions, on electoral reform:
\n\u2022 The First and Second Constitution Alteration Acts, 2010-2011
\nensured the financial independence of INEC by placing them in the
\nfirst line charges;
\n\u2022 Various amendments of the Electoral Act ensured that the consent of
\nthe Senate is obtained for the appointment of State Independent
\nElectoral Commissioners;
\n\u2022 Internal party democracy has been enhanced by the introduction of
\ncompulsory party primaries with monitoring by INEC;
\n\u2022 Authorising INEC to de-register Political Parties;
\n\u2022 Introduction of electronic accreditation by INEC;
\n\u2022 Proposed Constitution amendment introducing Independent Candidacy
\nwith safeguards to avoid crowding the ballot paper.
\n\u2022 Proposed Constitution amendment introducing qualifications for
\naccess to the ballot by political parties and Independent Candidates.
\n\u2022 Proposed Constitution amendment which will ensure that only
\ncandidates that have passed through all the stages of the electoral
\nprocesses are declared duly elected, in a direct reversal of the
\nSupreme Court decision in the case of Amaechi Vs INEC.
\n\u2022 Proposed constitutional amendment reducing age qualification for
\npolitical offices A.K.A Not too young to Run in response to the
\nyearnings of young men and women who were excluded in the political
\nprocess.
\n28. From our experience in the practice of democracy, the existence
\nof an enlightened and a well-informed electorate is very important for
\nmaking a democratic and credible choice of candidates or choice of
\npolitical parties that will best advance the interest of the voter. A
\nwell informed civil society also plays a key democratic role of
\nholding the government accountable. It is in this respect that the
\nwork of the National Assembly in passing the Freedom of Information
\n(FOI) Act, a Private-Members\u2019 Bill, should be appreciated. This Act
\nliberalized access to public records and information as opposed to the
\nOfficial Secrets Act.
\n29. A major legislation by the National Assembly that helps to
\npromote democracy and Rule of Law and observance of human rights, and
\naccountability is the National Human Rights Commission (NHRC)
\nAmendment Act, 2010, which gave the agency an independent status and
\nestablished it as a very important organ for redressing rights
\nviolations and mechanisms for public enlightenment and citizen
\nengagement including a robust public hearing procedure. Funding of the
\nCommission is now a direct charge on the Consolidated Revenue Fund of
\nthe Federal Government.
\n30. In the area of promotion of the Rule of Law, checks and balances
\nand judicial oversight, the National Assembly passed the \u2026\u201dSupreme
\nCourt (Additional Jurisdiction) Act, 2002\u201d, giving the Supreme Court
\nexclusive original jurisdiction in any constitutional disputes between
\nthe National Assembly and the President, between the National Assembly
\nand a State of the Federation.
\nThe National Assembly also passed \u201cThe Constitution of the Federal
\nRepublic of Nigeria (third Alteration) Act, 2010\u201d which established
\nthe National Industrial Court as a superior Court of Record dealing
\nexclusively with employment, industrial relations and labour disputes.
\nA major contribution to stable labour relations in Nigeria.
\n31. Constitutional democracy cannot survive where there is
\ndebilitating poverty and very weak economy. Corruption is one of the
\nmajor factors that contribute to the poor economy of many countries,
\nwhere it is endemic. It was therefore as a major contribution in
\ndeepening our democracy when the National Assembly passed laws to
\ncheckmate corruption in Nigeria.
\nThe laws include:
\n\u2022 Corrupt Practices and Other Related Offences Act, 2000 which
\nestablished the ICPC
\n\u2022 The EFCC (establishment) Act, 2007, which established the Economic
\nand Financial Crimes Commission.
\n32. Further efforts at institutionalizing the fight against corruption
\nand promotion of transparency, was the enactment of the Public
\nProcurement Act, 2007, which in general sought to prevent fraudulent
\nand unfair procurement so that government could have value for money
\nfor goods and services procured.
\n33. Other transparency related laws aimed at stabilizing Nigeria\u2019s
\neconomy include:
\n\u2022 Fiscal Responsibility Act, 2007 to ensure greater efficiency in the
\nmanagement of public finances.
\n\u2022 Nigerian Extractive Industries Transparency Initiative (NEITI) Act,
\n2007 which established a legislative framework for ensuring due
\nprocess, transparency, accountability and the elimination of \u201call
\nforms of corrupt practices\u2026. in the reporting and disclosure\u201d of all
\nrevenues due or payable to the Federal Government and other statutory
\nrecipients by extractive industry companies and the application or use
\nof those revenues by the government.
\n\u2022 The Nigeria Sovereign Investment Authority (Establishment etc) Act,
\n2011, set up an authority with an initial capital of $1Billion US
\nDollars, to receive, manage and invest in a diversified portfolio,
\nrevenues from the government in order to \u201cprepare for the eventual
\ndepletion of Nigeria\u2019s hydrocarbon reserves\u201d.
\n\u2022The National Assembly has through various legislative measures
\nintervened to specifically strengthen the Legislative institution in
\norder to position it to play its prominent role in our constitutional
\ndemocracy. A weak legislature is antithetical to good governance and
\nconsolidation of our hard won democracy. The National Assembly amended
\nthe Constitution in 2010 that placed it on the first line charge
\nthereby ensuring its relative financial and administrative autonomy.
\nFurthermore, the National Assembly set up the National Institute of
\nLegislative Studies to provide crucial capacity enhancement for
\nlegislators, legislative staff and the institution as a whole. The
\ninstitute has a mandate to also enlighten Nigerians on the role and
\nplace of the legislature in our democratic process. The National
\nAssembly Service Commission Act has ensured that service matters of
\nthe legislature are handled within the purview of the legislative
\ninstitution to enhance the separation of powers design of the
\nConstitution. The National Assembly Budget and Research Office Bill
\n(NABRO)has been passed by both chambers and is awaiting presidential
\nassent. This law is expected to provide the legislative arm of
\ngovernment with a robust, well researched and accurate information and
\ndata on the economy, budget data and other financial information that
\nwill enable the Legislature adopt proper legislative measures on
\nsubjects of interest.
\n\u2022 Many other bills have been processed to aid our economic growth and
\ndevelopment. These include the National Communications Communications
\nAct, Pension Reform Act, Central Bank of Nigeria Act 2007 and a host
\nof others.
\n34. The House of Representatives has received and processed over 2000
\nBills between 1999 and 2017. Interestingly, less than 40% were
\nExecutive Bills. The bulk were Private Members\u2019 Bills. The 8th House
\nof Representatives has so far passed 159 Bills out of the 1055 bill
\npresented for first reading between 2015-2017 (November). 30 Bills
\nhave so far received Presidential assent since June 2015. While about
\n6 had been vetoed. The National Assembly successfully overrode the
\nveto of Mr President on one of the bills, the Lottery Act Amendment
\nBill.
\n35. Perhaps one of the greatest contribution to deepening democracy in
\nNigeria by the Legislature was the rejection of the proposed amendment
\nof the Constitution to extent the term of office of the President and
\nGovernors beyond the limit of Eight Years. By so doing, the National
\nAssembly contributed in no small measure to ensuring that the
\ndemocratic process is entrenched as the means of ensuring respect to
\nterm of office limit and for resolving the intractable problem of
\nsuccession which historically has bedeviled Nigeria\u2019s democracy. It
\nwas perhaps one of democracy\u2019s finest hour. It marked out the
\nlegislature in Nigeria as independent, enlightened, nationalistic, and
\na credible institution that had come of age.
\nAgain, in 2010, a constitutional crisis with potential to sound the
\ndeath knell of the Fourth Republic was averted by the National
\nAssembly, which had to invoke the so called \u201cDoctrine of Necessity\u201d to
\nmake the then Vice-President Goodluck Jonathan Acting President with a
\ndiminished prospect of the ailing President UmaruYar\u2019adua returning to
\noffice. The prospect of the ailing president dying in office created
\nanxiety within the then ruling party and the nation. The tension
\ngenerated across the country and the resurgence of North\/South
\npolitical fault lines sent alarming signals, including rumours of
\npoliticians seeking the intervention of the military to avoid a
\ncatastrophe. The \u201cDoctrine of Necessity\u201d invented by the leadership of
\nthe National Assembly culminated in the passage of a historic motion
\nby both Chambers of the National Assembly. This calmed nerves and
\nreturned the country to the path of political stability.
\n36. Whatever contributions of the legislature so far elucidated, pales
\ninto insignificance when the appropriate role the legislature plays in
\nthe public finance sector of the economy is interrogated.
\nThe annual budgetary process presents a yearly opportunity for the
\nlegislature to allocate funds to all sectors of the economy. The
\nbudget is perhaps the most important piece of legislation dealt with
\nby parliament annually. It is the instrument used by the legislature
\nto ensure that the needs of the people are provided for. Although the
\nConstitution gives the President the power to initiate financial
\nlegislation by providing that \u201cThe President shall cause to be
\nprepared and laid before each House of the National assembly at any
\ntime in each financial year, estimates of the revenue and expenditure
\nof the Federation for the next following financial year (S.81(1)), the
\nConstitution nevertheless grants the legislature power to scrutinize
\nthe budget proposed by Mr. President on behalf of the people who
\nelected them. Ample authority for unimpeded legislative action on the
\nbudget by the National Assembly can be found in many parts of the
\nConstitution including Sections 4, 80(2); 80(3) and 80(4). In any
\ncase, the ultimate power over money Bills is provided for in S.59 of
\nthe Constitution, where the National Assembly is given power to
\noverride any veto or withholding of assent by Mr President on any Bill
\nincluding money Bill.
\nCONTRIBUTIONS THROUGH OVERSIGHT FUNCTIONS OF THE LEGISLATURE:
\n37. Oversight over the activities of mostly the Executive branch is
\none of the cardinal functions of the legislature that helps to deepen
\nthe practice of democracy, especially in a presidential democracy.
\nThe model of presidentialism practiced in the United States of America
\ninfluenced Nigeria\u2019s adoption of the presidential system of
\ngovernment. Legislative oversight was developed by practice and
\njudicial approval in the USA. In Nigeria, however, legislative
\noversight is imbedded in S. 88 of the Constitution, with the tools of
\nconducting it provided in S.89. It is a major devise used by the
\nlegislature in Nigeria to expose corruption, waste and mismanagement
\nof public funds in the public sector. The sometimes mind boggling
\nrevelations unearthed by various Committees of the National Assembly
\nhelps deepen the democratic process and accountability of the
\ngovernment to the people.
\n38. I will give a few examples of the work of the Nigerian legislature
\nin this field.
\nThe House of Representatives has conducted about hundreds of
\ninvestigative hearings and presented reports on major economic crimes
\nin the country over the years. The 8th House of Representatives
\nconducted over 50 Investigative Hearings. These include investigations
\non the award of contract for the rehabilitation of Nigerian Railways;
\nInstallation of CCTV Cameras in Abuja and Lagos, alleged $17 billion
\nstolen from undeclared crude oil and LNG exports to global
\ndestinations; The investigative hearing on Centenary City Project;
\nPre- Shipment investigation, Amnesty programme and Several anti-
\ncorruption investigations have also been conducted by the 8th House of
\nRepresentatives. Further instances where Legislative oversight was
\nused as a major instrument for uncovering various acts of corruption
\nand mismanagement of public funds which is healthy for development of
\ndemocracy and good governance, can be gleaned from these few examples.
\n\u2022 National Assembly oversight work exposed pension fraud worth
\nbillions of Naira, about N195billion.
\n\u2022 Aviation sector had also witnessed major investigations and
\nresolutions over the years.
\n\u2022 House of Representatives investigation uncovered various sharp or
\nfraudulent practices by several MDA\u2019s which included under
\ndeclaration, non-remittance and diversion of revenues generated by
\nthem of over 2 Trillion Naira.
\n\u2022 Several National Assembly Committees exposed fraud in the management
\nof Ecological Funds.
\n\u2022 The Petroleum Sector has witnesses a series of investigative
\nhearing. The famous PTDF Investigation unearthed glaring
\nirregularities, in the Agency. The fuel subsidy investigation was a
\nlandmark as it exposed the rot and scam in the fuel subsidy regime.
\n\u2022 A House Finance Committee investigation discovered various cash
\nbalances in several accounts of Revenue collecting Agencies totaling
\nN563 Billion which had to be remitted into the Federation Account as a
\nresult of the legislative intervention.
\n\u2022 NDDC Committee in 2005, secured the release of N18 Billion due to
\nthe Commission from various oil companies.
\n\u2022 Frequent intervention of parliament has helped to ensure that
\npensioners are paid as and when due, that workers returned to work,
\nand that the economy exited from the crushing recession we found our
\nselves in, not too long ago.
\n39. Parliamentary oversight has led to ensuring that only projects
\nwith direct relevance or benefits to the people in accordance with the
\nMDGs now SDG\u2019s were prioritized in budgetary allocations. In 2007,
\nMDGs committees ensured that about N38.5 billion was returned to the
\ncoffers of the Federal Government which was traced to inefficiencies
\nand inability of MDAs to spend on MDGs-related projects.
\nCONTRIBUTIONS THROUGH REPRESENTATION:
\n40. Representation is the other important function of a legislator.
\nRepresentation is at the very heart of representative and
\nconstitutional democracy. An elected representative is a person sent
\nby a constituency to represent the views and aspirations of his
\npeople. He has a duty and responsibility to bring to the attention of
\nparliament the needs, problems and interests of his constituents.
\n41. It is this democratic theory of representation that gave rise to
\nwhat is now commonly known as Constituency or Zonal Intervention
\nprojects, which is now an entrenched policy deliberately crafted to
\nensure equitable representation of every constituency in the
\nallocation and distribution of the resources of the nation.
\n42. The rationale is that an elected member of parliament is closer
\nto his people than unelected persons who hold sway in the budgetary
\nprocesses and policy execution. \u201cHe who wears the shoe knows where it
\npinches\u201d, the adage says. Thus constituency A may require electricity
\nwhile Constituency B may require a road to enable them evacuate farm
\nproduce. In the allocation of resources at the federal level, Mr
\nPresident, and Vice President who are the only elected persons in the
\nExecutive branch are too far removed from the problems of a local
\nConstituency. The logic of democracy demands that the representative
\nbe consulted on the prerogatives of his Constituency.
\n43. Furthermore, the only way a government can ensure even
\ndistribution of projects, amenities and even appointments is to
\nconsult elected parliamentarians or other representatives to ensure
\nthat Federal character is respected. This is a critical role the
\nlegislature plays in a democracy. It was not for nothing that S.14(3)
\nof the Constitution which is part of the Fundamental Objectives and
\nDirective Principles of State policy, which is the philosophical basis
\nof the Constitution, said:
\n\u201cThe composition of the Government of the Federation or any of its
\nagencies and the conduct of its affairs shall be carried out in in
\nsuch a manner as to reflect the federal character of Nigeria and the
\nneed to promote National unity .. \u201c
\n44. The Legislature sometime uses the mechanism of Resolutions to
\nexpress the will of parliament on different issues in furtherance of
\nits representational role in our democracy. Many landmark Resolutions
\nhave been passed which serves the purpose of bringing the problems,
\ninterests and aspirations of the people to the attention of the
\ngovernment. Both Chambers of the National Assembly also maintain a
\nPublic Petitions Committee with the primary responsibility of
\nentertaining complaints and petitions from constituents of
\nlegislators. This ensures citizens democratic access to the
\nparliament. This process plays an invaluable role of providing
\ncitizens with a listening ear and helps to douse tensions and
\nagitations in our polity. It is also a vehicle for political input and
\na way to bring public concerns to parliament. The people feel that
\nthey are part of the governing process and it vindicates the very idea
\nof democracy being a government of the people for the people. It has a
\nlong history. As stated in 1947 by SpeakerGaspard Fauteux (House of
\nCommons).
\n\u2018All authorities agree that the right of petitioning parliament for
\nredress of grievances is acknowledged as a fundamental principle of
\nthe constitution. It has been uninterruptedly exercised from very
\nearly times and has had a profound effect in determining the main
\nforms of parliamentary procedure\u2019.
\nThe right to petition is not a feature of only the parliamentary
\nsystem. The first amendment to the Bill of Rights of the United States
\nConstitution also acknowledged this: “Congress shall make no law
\nrespecting an establishment of religion, or prohibiting the free
\nexercise thereof; or abridging the freedom of speech, or the press, or
\nthe right of the people to peaceably assemble, and to petition the
\ngovernment for a redress of grievances.\u201d
\nThe Representative role of the legislature includes providing
\ndemocratic legitimacy for the government. The accessibility of the
\nLegislature to the ordinary citizen helps to engender confidence in
\nthe system. Citizens who regard their government as legitimate are
\nmore likely to obey laws, support the regime and accommodate diverse
\npoints of view. Citizen participation in the legislative process is
\nvital to creating this sense of legitimacy. I agree with the Political
\nscientist Norman Ornstein\u2019s comments on the importance of legitimacy
\nof the legislature, using the example of Kenyan parliament: \u201cThe real
\npower and influence of the [Kenyan National] Assembly comes through
\nthe exercise of its informal powers. The most important informal
\nfunction the legislature performs is to provide legitimacy to
\ngovernment actions. This in turn promotes support among the populace
\nfor the regime. The legitimizing function is vital in light of the
\nrevolts and bouts of instability that have plagued other nations in
\nthe region. By accommodating cultural and historical realities, the
\nKenyan Assembly allows for opposition and dissent within the system,
\nyet also provides stability. As a result, the populace feels at ease
\nabout the strength and legitimacy of the system; at the same time, it
\nfeels it has some say in the political process.
\nCONCLUSION:
\n45. Let me conclude by once again thanking the organisers of this
\nlecture and to thank all who attended. The legislature has a huge role
\nto play in stabilizing our democracy. It needs the support and
\nunderstanding of citizens as its work is intangible at times. The law
\nMaking function is at times not dramatic like the functions of the
\nExecutive but its stabilising and legitimising functions in our
\npractice of representative democracy is unquantifiable and
\nimmeasurable.
\n46. I thank you all for listening and may God bless you all and bless
\nthe Federal Republic of Nigeria.
\nCourtesy: Office of the Speaker, House of Representatives.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

The National Assembly has contributed a lot in stabilising and deepening Nigeria’s constitutional democracy through strengthening of due process and the rule of law, Speaker of the House of Representatives, Hon Yakubu Dogara, has said. Speaking on the topic, \u201cDeepening Democracy: Role of the Legislature,\u201d at the third Public Lecture series of Nasarawa State University, […]<\/p>\n","protected":false},"author":7,"featured_media":1892,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5777,7,8],"tags":[],"class_list":["post-6304","post","type-post","status-publish","format-standard","has-post-thumbnail","category-features","category-news","category-politics"],"_links":{"self":[{"href":"https:\/\/everyday.ng\/index.php?rest_route=\/wp\/v2\/posts\/6304","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/everyday.ng\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/everyday.ng\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/everyday.ng\/index.php?rest_route=\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/everyday.ng\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6304"}],"version-history":[{"count":0,"href":"https:\/\/everyday.ng\/index.php?rest_route=\/wp\/v2\/posts\/6304\/revisions"}],"wp:attachment":[{"href":"https:\/\/everyday.ng\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6304"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/everyday.ng\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6304"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/everyday.ng\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6304"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}