A STUDY OF LEGISLATIVE-EXECUTIVE RELATIONS IN NIGERIA 8TH NATIONAL ASSEMBLY
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- NGN 3000
Background to the Study
In Nigeria, since the return of democratic governance in 1999, and after over a decade of military interregnum, relations between the legislative and executive arms of government have raised serious concerns for observers. At best the relationship between the two arms of government has been the case of the old tale of an unholy alliance of strange bedfellows. (Momoh, 2020) Today, circumstances of our democratic or even political life is awash with the gory melodrama of sprees of lack of co-existence and understanding among these arms of government even though from all indications this was not the intent of foremost theoretical architects of modern democracy such as A.V Dicey or even Baron the Montesquieu when they conceived the principle of checks and balances and separation of power to serve as a guide for future generations such as the current inhabitants of Nigeria. (Kargbo, 2007).
The principle of checks and balances as Kargbo observed, create connecting links among the three arms through empowering each arm to limit the powers of the other arms and create a balance of power among the three arms (Kargbo, 2007). The principle of checks and balances and separation of power was therefore, designed to serve as a medium for not just constructive criticism but also for ensuring working relationship that will facilitate political growth and development.
The relationship between the executive and the legislature in the legislative and oversight processes is complex, yet dynamic and robust, with interdependent responsibilities and power-sharing among these two arms of government. The Constitution bestows on the Executive the responsibility to draft policy in the context of a legal framework, which in essence gives effect to a “draft bill” which is then referred to Parliament for consideration and deliberation. Likewise, the Constitution bestows on the Legislature the responsibility to pass legislation which the executive must implement. (Kolawole Daniel, 2017). The legislature is part of the “State” and shares in the responsibility to ensure that sound policies and laws are passed. Parliament’s role is to represent the people and to ensure government by the people under the Constitution. This is done through facilitating public involvement in the legislative process and having political oversight over the Executive. The extent to which the legislative arm of government effectively fulfils this role depends on the balance of power between itself and the executive. This balance of power can also shift, depending on the political will on the part of both the legislature and the executive. The factors that impact on the power relations are complex and dynamic. Critics as captured by (Jibo, 2015 and Aminu, 2016) tend to portray the legislature as selfish politicians who like to help themselves with public resources either to pursue individual, constituency or political party’s interest and not national interest. On the other hand, the above scholars equally portrayed the parliamentarian’s argument that the executive largely made up of non-elected members, cannot claim to understand the needs of the people better. This is predicated on the assumption that the parliamentarians made up of elected representatives who logically understand the needs of the people (Jibo 2015 and Aminu, 2016)
However, in the bid to enhance a healthy relationship between the legislature and executive particularly on budgetary matters, the 1999 constitution of Federal Republic of Nigeria, stipulated the duties and responsibilities of the two arms of government in section 81-83 and section 121-123 of the constitution for federal and state respectively.
Statement of the Problem
Over the years, the principle of separation of powers has become the cornerstone of democratic governance which aims at ensuring the prevalence of basic human rights/freedoms and prevention of injustices and tyranny amongst the citizenry. Countries that operate it as a political system articulate clearly, in their respective constitutions and related laws, the power of various arms of government as well as how each relate with the other to ensure smooth governance transactions.
Nigeria’s first experience with the modern democratic system was with the Westminster parliamentary system of Britain having been its colonial master. However, the first Republic and the parliamentary system were truncated by the military which ruled till 1979. The action of the military denied the politicians the opportunity to learn to accommodate one another for mutual co-existence and consolidation of democratic ideals. In 1979, a bicameral presidential system was introduced via the promulgated 1979 constitution.
The system allowed for the full operation of the principle of separation of powers between the executive, legislative and judicial arms of the government. It was envisaged that the checks and balances that would ensue in the operation of the system will auger well for the unity and political growth of the country. Interestingly, at the first trial, there were no serious cases of executive-legislative impasse apparently “due to effective control of the leadership of the two arms by the then ruling party (NPN)” (Igbokwe-Ibeto, 2015). However, despite the seemingly smooth relations between the arms of government, the second republic did not survive another military incursion due to what the military then referred to as “inept and corrupt leadership” (Graft, 1985). In 1999, the Military handed over power to the civilians under the 1999 constitution as amended which retained the presidential system model of governance with full separation of powers between the three arms of government. The understanding was that the civilians would have learnt and were prepared for good governance.
The relationship between the executive and legislature during the 7th National Assembly was too cordial that it raised a question of compromise. The cordiality cannot be divorced from apparent collusion by both arms of government to defraud the nation. The investigation of the Economic and Financial Crime Commission (EFCC) into some notable members of the executive and legislative arms revealed monumental and atrocious frauds of great magnitude. The legislative power (function) of the National Assembly was rarely used to ensure financial accountability and probity. Indeed, the three arms of government could not be exonerated from financial impropriety (Okotoni, 2017). There were several high profiles of alleged corrupt practices in the three arms of government. Against this background, it becomes imperative to periodically examine the executive- legislative relation in Nigeria’s governance process with a view to highlighting any relational challenge that could constitute barriers to effective legislation or implementation of government policies. The study therefore examines the legislative-executive relations in Nigeria from 2015- 2019 and how the relationship affected legislation in the 8th National Assembly.
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