{"id":7491,"date":"2018-01-30T21:32:54","date_gmt":"2018-01-30T21:32:54","guid":{"rendered":"https:\/\/everyday.ng\/?p=7491"},"modified":"2018-01-30T21:32:54","modified_gmt":"2018-01-30T21:32:54","slug":"saraki-separation-of-powers-key-to-survival-of-democracy-national-security","status":"publish","type":"post","link":"https:\/\/everyday.ng\/?p=7491","title":{"rendered":"Saraki: Separation of Powers Key to Survival of Democracy, National Security"},"content":{"rendered":"
\n
President of the Senate, \u00a0Dr. Abubakar Bukola Saraki, on Tuesday, said that full adherence to the principle of Separation of Powers was crucial to the survival of the democracy, good governance and enhanced national security.<\/div>\n
\n
\n
\n
<\/div>\n
Saraki stated this in his lecture entitled: ‘Separation of Powers and National Security in Nigeria:\u00a0<\/b>An Appraisal\u2019, presented to Course 26 Participants of the National Defence College (NDC) in Abuja, according to a statement by his Chief Press Secretary, Sanni Onogu.\u00a0<\/b><\/div>\n
<\/div>\n
He stated that a situation where people frown at the actions of the legislature taken in the course of carrying out its constitutional duties negates the Principle of Separation of Powers and the Rule of Law.<\/div>\n
<\/div>\n
He noted that each arm of government is\u00a0intended\u00a0and designed\u00a0to be free of coercive influence from another,\u00a0“But,\u00a0regrettably, that is not\u00a0always the case, in practice,\u00a0in the Nigerian experiment,” Saraki said.<\/div>\n
<\/div>\n
He added: “Section 60 of the 1999 Constitution provides that: ‘Subject to the provisions\u00a0of this Constitution, the\u00a0Senate and\u00a0the House of Representatives shall have the power to regulate its own procedure, including the procedure for summoning and recess of the House<\/div>\n
<\/div>\n
“We,\u00a0in the Legislature, as representatives of the people,\u00a0strive\u00a0to carry out our oversight functions in line with the doctrine of Separation of Powers \u2013 because\u00a0it is our duty as stipulated by the Constitution.<\/div>\n
<\/div>\n
“We also do so\u00a0to guard against Lockean\u00a0\u2018human frailty\u2019 \u2013\u00a0by which I mean\u00a0the tendency towards abuse of power, where\u00a0such\u00a0power is absolute.\u00a0To one\u2019s chagrin, however, our actions are often misconstrued, because few understand that the Legislative\u00a0arm of government is not a rubber-stamp, driven from pillar to post by the whims and caprices of another organ of government.<\/div>\n
<\/div>\n
“Let all listening to me today note the unassailable position, which is this: the Executive, the Judiciary and the Legislature\u00a0are co-equals;\u00a0none\u00a0is\u00a0subordinate\u00a0to\u00a0the other.\u00a0Indeed, as former Senate President Ken Nnamani\u00a0once opined, ‘The Legislature and the Executive are co-managers of the economy.'”<\/div>\n
<\/div>\n
According to the President of the Senate, the press is replete with\u00a0stories\u00a0of \u2018face-offs\u2019 between the Legislature and Executive,\u00a0real or imagined.<\/div>\n
<\/div>\n
These, \u00a0he said, include\u00a0unguarded\u00a0pronouncements\u00a0by\u00a0a former Secretary to the\u00a0Government of the Federation (SGF)\u00a0\u2013 and other government officials –\u00a0concerning the Senate;\u00a0or the refusal of\u00a0the\u00a0heads of\u00a0some government agencies to\u00a0answer when summoned by the legislature.<\/div>\n
<\/div>\n
Saraki said: “The refusal of the Senate to confirm certain nominees of Mr. President has drawn undeserved ire in many quarters. These are people who misconstrue the role of the legislative arm, because we are perfectly within our bounds\u00a0under the Nigerian constitution.<\/div>\n
<\/div>\n
“In any case, if the Senate confirms two nominees and rejects one \u2013should we be seen as attacking the Executive? Or, should we not ask whether there are\u00a0weighty\u00a0questions to answer on the part of the nominee? Why is\u00a0the\u00a0Legislature vilified when occasionally, a nominee fails to scale through?<\/div>\n
<\/div>\n
“We really should ask ourselves the tough questions, rather than parroting\u00a0the fallacy about the Legislature not playing along with the Executive. Ask yourself what kind of democracy we would have if all powers resided solely in one arm of government.<\/div>\n
<\/div>\n
“That is why I sometimes marvel at the hypocrisy of some vociferous voices who claim that they are fighting for democracy and yet they keep quiet\u00a0when one\u00a0arm of government repeatedly imposes its will on\u00a0the judgement of\u00a0a co-equal\u00a0arm of government.<\/div>\n
<\/div>\n
“Democracy and the Rule of Law depend on four elements \u2013 deliberation, engagement, participation and collaboration.The constitution says\u00a0that\u00a0if you want to wage war or call out troops you must go to the National Assembly and you don\u2019t \u2013 is that\u00a0in tandem\u00a0with Separation of Powers?<\/div>\n
<\/div>\n
“Even\u00a0in\u00a0the United States that\u00a0we\u00a0modelled our system on, the\u00a0White House\u00a0must\u00a0engage with Congress in the formulation of\u00a0critical policies on security\u00a0and defence.<\/div>\n
<\/div>\n
“If the constitution prescribes who may be appointed into certain positions and you flout that \u2013 should the Legislature not\u00a0take a stand in the public interest?\u00a0Or the\u00a0fact that one judge is believed to be corrupt \u2013 does that justify one arm of government breaking\u00a0down the doors of members of an independent Judiciary?<\/div>\n
<\/div>\n
“American judges have blocked many Executive Orders made by President Donald Trump, including those on the Muslim Travel Ban, Immigration and Sanctuary Cities. Despite\u00a0Mr. Trump\u2019s\u00a0frenetic twitter activity voicing his displeasure, the judges\u2019 rulings stand \u2013\u00a0because the Judiciary is free from the\u00a0coercive\u00a0influence of the Executive.<\/div>\n
<\/div>\n
“The\u00a0travails\u00a0of the Nigerian Legislature\u00a0have\u00a0unfolded\u00a0under the cloud of many challenges confronting the nation. These\u00a0only serve to destabilise government, and cannot be good for\u00a0national security.<\/div>\n
<\/div>\n
“In a country that is an amalgam of some 250 ethnic nationalities under one flag, unhealthy rivalries are\u00a0a\u00a0symptom of systemic distress, for the avoidance of which Separation of Powers was propounded,” he said.<\/div>\n
<\/div>\n
He further said that “A\u00a0successful regime of\u00a0Separation of Powers would require much more than enacting more laws and\u00a0amending\u00a0existing ones.\u00a0It would require the active\u00a0compliance with the doctrine from all arms of government.<\/div>\n
<\/div>\n
“As the Legislature, we would require the Executive to give due regard to legal decisions, invitations and resolutions of the National Assembly. Let me quickly add that we will hold ourselves to the same rules\u00a0vis-a-vis\u00a0our co-equals.<\/div>\n
<\/div>\n
“Going forward, we have set up a\u00a0Committee\u00a0headed by the Vice President to look into ways\u00a0of\u00a0improving\u00a0the relationship between the Legislature and the Executive; and indeed, it is increasingly apparent that relations have improved greatly, although\u00a0there is still much to be done.<\/div>\n
<\/div>\n
“The joint\u00a0presentation of the Budget to both Houses, now done for two years in a row, is evidence of cordiality between the two arms of government.\u00a0This is the way forward.<\/div>\n
<\/div>\n
“After all, when there is a cold war between two\u00a0arms of government, who loses\u00a0out? The country loses\u00a0out\u2013 in terms of stability, governance, development, peace and security.\u00a0We must\u00a0also\u00a0always keep in mind\u00a0the fact\u00a0that the ultimate Check and Balance is exercised by one party \u2013 the people\u00a0\u2013 at the ballot box,” he said.<\/div>\n
<\/div>\n
He stated that there was the need\u00a0\u00a0to create greater awareness about the inherent principles separating the three arms of government, “such that, when the National Assembly\u00a0next beams the searchlight\u00a0on\u00a0the use of funds appropriated for fighting the insurgency \u2013 or funds intended to provide succour to internally displaced citizens- some will not look at us askance \u2013 and those who would arrogate absolute power to themselves, will not go up in arms against the Senate.<\/div>\n
<\/div>\n
“It is a balancing act, as implied by Checks and Balances, and we will continue to do our best to\u00a0fulfil our role according to the Constitution.\u00a0Despite the clarity and gravity of the Constitution on\u00a0the\u00a0independence of the Legislature, the Deputy Senate President and I have been subject to prosecution over the internal affairs of the Senate.<\/div>\n
<\/div>\n
“The way we are elected and our processes \u2013 we are independent. It was therefore\u00a0foolhardy of government to mount such prosecution.<\/div>\n
<\/div>\n
“The courts have ruled multiple times that the National Assembly\u2019s internal affairs are inviolable \u2013 and yet, what we saw was a ready willingness to cross the line and mount a case, in a flagrant overreach of executive power. \u00a0Let me say that I view this as a distraction and a legal affront to the principles of Separation of Powers.<\/div>\n
<\/div>\n
“From the outset, on my assumption to the position of Nigeria\u2019s President of the Senate, I have had to endure court cases even at these pressing times in our national life, when all our energies should be geared towards development.<\/div>\n
<\/div>\n
“Through all this, I have respected the constitutional mandate of the Judiciary and appeared in court on several occasions, trusting that I would be vindicated, because I believe in the Rule of Law.\u00a0These are some of the sacrifices we make, and what we go through, so that these institutions can be strong. It is not about individuals but about institutions of government, so as to strengthen democracy.<\/div>\n
<\/div>\n
“The way forward, having recognised the necessary value that Separation of Power brings to the\u00a0strengthening of our democracy, it is important then that we chart a course\u00a0that ensures that the inviolability of our institutions becomes\u00a0a mandate for the protection of our democracy.<\/div>\n
<\/div>\n
”\u00a0I repeat, it is not about the individual; it is about the institution if we are to ensure the survival of our democracy. Therefore, the constitution itself has made provision for the process of the removal or\u00a0appointment of the leadership of these institutions,\u00a0in order to ensure that the integrity of the institution remains inviolable.<\/div>\n
<\/div>\n
“The key purpose here is not the protection of the individuals who occupy these offices temporarily but rather,\u00a0the protection of our democratic\u00a0norms.\u00a0So, for everyone here today, there is really a choice to be made. We have to decide whether or not we really want democracy.<\/div>\n
<\/div>\n
“We cannot have it both ways.\u00a0I always say that, today, we have an honest and transparent President \u2013 but it is no reason not to defend the principles of Separation of Powers \u2013 for who is to say what the next occupier of that\u00a0office will be like?<\/div>\n
<\/div>\n
“We fight today\u00a0with an eye on posterity,\u00a0in order that the future may be more assured.\u00a0Therefore,\u00a0I charge you all to go and learn as much as you can about\u00a0the doctrine of Separation of Powers and its implications for leadership, governance, democracy and national security.<\/div>\n
<\/div>\n
“If we decide that we do not want a\u00a0National Assembly that will hold<\/a>\u00a0the Executive to account, that is another matter entirely. We can always go back to the Parliamentary system we operated immediately after independence.<\/div>\n
<\/div>\n
“But as long as we run the current system of government, it is not even a matter of debate. We must uphold the core principles of Separation of Powers because our development, peace and security depend on it,” he stated<\/div>\n
<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n
<\/div>\n","protected":false},"excerpt":{"rendered":"

President of the Senate, \u00a0Dr. Abubakar Bukola Saraki, on Tuesday, said that full adherence to the principle of Separation of Powers was crucial to the survival of the democracy, good governance and enhanced national security. Saraki stated this in his lecture entitled: ‘Separation of Powers and National Security in Nigeria:\u00a0An Appraisal\u2019, presented to Course 26 […]<\/p>\n","protected":false},"author":7,"featured_media":7492,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-7491","post","type-post","status-publish","format-standard","has-post-thumbnail","category-news"],"_links":{"self":[{"href":"https:\/\/everyday.ng\/index.php?rest_route=\/wp\/v2\/posts\/7491","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=7491"}],"version-history":[{"count":0,"href":"https:\/\/everyday.ng\/index.php?rest_route=\/wp\/v2\/posts\/7491\/revisions"}],"wp:attachment":[{"href":"https:\/\/everyday.ng\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7491"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/everyday.ng\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7491"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/everyday.ng\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7491"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}