APPRAISAL OF THE INSTITUTIONAL AND LEGAL FRAMEWORK OF THE NIGERIAN NATIONAL ASSEMBLY SERVICE COMMISSION (2014 -2020)

APPRAISAL OF THE INSTITUTIONAL AND LEGAL FRAMEWORK OF THE NIGERIAN NATIONAL ASSEMBLY SERVICE COMMISSION (2014 -2020)

Background to the Study

The legal Framework establishing a Parliamentary Administration is an integral part of Public Service Bureaucracy of the Legislature and a window to understanding how it is governed. In jurisdictions that develop a Parliamentary Service Act (PSA), an autonomous and independent Commission is commonly established to superintend over human resource matters in line with the principles of separation of powers. The composition of the governing body and principles of governance was critical for effective and efficient discharge of the mandate of such Parliament. Efforts of Parliaments to carve out greater autonomy for its self and her agencies is often alloyed with parliamentary development generally and on matters related to governance of parliamentary administration in particular. According to Inter Parliamentary Union (IPU, 2016), autonomous parliamentary administrations require not only independence from the Executive but must also be neutral and have sufficient expertise within the institution. The autonomy of parliamentary administration is essential for institutional memory, parliamentary expertise and reinforcement of the doctrine of separation of powers.  

IPU further asserted that to ensure autonomy and good governance. the governing principles, mandates and powers of any parliamentary administration, composition of its governing body, Human resources and recruitment, budgetary autonomy, administrative oversight, transparency and accountability are often encapsulated in separate legal documents known as Parliamentary Service Acts (PSA) (e, g. Australia, South Africa, Kenya) or as part of Parliamentary rules and regulation( France, Morocco) or  part of the   Country’s Constitution (India) which constitute the legal framework. The legal framework provides tools for ensuring the continuous integrity of the regime through governance structures, mechanisms for monitoring, evaluating and facilitating compliance, and dispute prevention, and settlement.  It observed that where the PSA is present, it is common to find the establishment of an independent Commission as an autonomous governing institution or body to regulate human resource management for Parliament. Such institutional arrangements were often centralized for both chambers (Kenya) while in those with legal frameworks as part of the rules and regulation of Parliaments or the Constitution, the governance structure is decentralized with powers devolved to each chamber (United Kingdom & the United States of America).  

By exercising its powers of legislation and pursuant to section 51, CFRN 1999  the  National Assembly enacted the National Assembly Service Act in the year 2000, thus reestablishing an independent regimen for the administration of appointment, promotion and discipline of staff of the National Assembly and in which were imbued with peculiarities of Nigerian democratic experiences, and  public Service history. Suffice to say that the growth of the Nigerian National Assembly and its public service had been affected by the Nigerian experiments in constitutional democracy and military rule.  Thus, Constitution of Federal Republic of Nigeria, 1999 (as amended), Federal Character Principles, the Public service Rules (PSR) and the National Assembly Service Commission Act, 2014 (as amended) constitute the   Legal framework of Parliamentary service in the National Assembly. These documents and the Commission ensure that the process through which human resource is recruited for the Nigerian National Assembly allowed for the best among the many to be selected against the backdrop that Public Service depends largely on the optimal performance of human resources to realize the goals of effectiveness, efficiency and sensitivity in service delivery and infrastructural development of government.  

Pursuant to the Act, the National Assembly Service Commission has a governing structure made up of an executive Chairman and 12 other Commissioners, appointed 2 each from the component 6 geopolitical zones of the Federal Republic of Nigeria in line with Federal character principle as enshrined in the Constitution and a bureaucracy headed by a Secretary. The Act addressed the administration of   Human resources and recruitment, issues of budgetary autonomy, administrative oversight, transparency and accountability in the National Assembly Service.

The Legal and Institutional Framework establishing a Parliamentary administration is an integral part of understanding its governance and relevance because effective Institutions promote social order and good governance.  Ilepe (2017) noted the “individual roles leaders and the led play in order to promote strong, viable and efficient Institution. Onichakwe (2016) posited that emerging democracies like Nigeria, should strive to embrace good governance in order to realize, promote or maintain economic, political and social strides.  Iroye (2014) citing Henwood (2001), restated the definition of good governance by the ‘Institute on Governance, Canada (2004)’ that Governance determines who has power, who makes decisions, how other players make their voice heard and how the account is rendered.  Governance is therefore a process of directing the affairs of a given nation or organization under whatsoever type of system, is adopted with the intent of creating and sustaining orderliness, peace and promoting the general wellbeing of the people of such an organization.   

In support of the Governance summation of all definitions of governance on three pillars: authority, decision-making and accountability, the 1999 CFRN and its preamble succinctly simplifies good governance as  a regime of” peace, order and well-being of the people”,  which is vested on the National Assembly, as section 4 (2) puts it “ Federal legislative powers to make laws for peace, order and good government in the territory of Nigeria and other parts thereof” and section 14(2), the Fundamental Objectives and directive Principles of State Policy shall be “good governance and the welfare of all persons” in all  Institutions and among persons entrusted with the State policy formulation and implementation.  

The process of lawmaking is an integral part of the good governance as its primary purpose is to ensure “peace, order and well-being of the people”. Nwabueze, (2003) described Legislation as the expression of the supreme power of a State and an index of its independence” which the Legislature wields “as the purveyor of the sovereign power of any State” and through “which Administrators react to the need of the basic changes in the economic, social and political structure of the country”.  That “peace and order” envisaged in the Constitution can only be procured when all laws so made are not symbolically obeyed but indeed in line with the principle of rule of law.

According to Azoro, Onah & Agulefo (2021) citing the United Nation (2004) defined rule of law as a” principle of governance in which all persons, Institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. Legislation as an essential feature of the principle of rule of Law must be unambiguous, clear and precise, so that it can be understood by those who are bound by it.  

According to a Report of the Office of the Queensland Parliamentary Counsel (OQPC, 2013) citing Lord Diplock (1983) who held in the case of Merkur Island Shipping Corporations V. Laughton, in recognition of this principle,  that: “Absence of clarity is destructive of the rule of law; it is unfair to those who wish to preserve the rule of law; it encourages those who wish to undermine it”.

 

Again, considering the complexities of the subject matter in legislation, it must be drafted to withstand attempts by readers to find unintended interpretation. On this score   lord Justice Stephen (1891) cited in the OQPC, Report (2013) also   held:.

“It is not enough to attain to a degree of precision which a person reading in good faith can understand; but it is necessary to attain if possible to a degree of precision which person reading in bad faith cannot misunderstand”

The National Assembly is therefore the custodian and guardian of the principle of rule of Law and must ensure same in her own institutions especially in regulating its own human resource, the role of which in support of a strong Parliament capable of promoting good governance cannot be overstated. According to Gafar (2017) efficient and fair socio-economic and political service delivery is pertinent to fostering development and democratic consolidation; it is also a panacea to legitimize governmental power, encourage active involvement of people in government programmes, and reduce public discontent. This can only be guaranteed by an efficient and effective public Service. Bassey and Edemidiong (2021) averred that because man has the ability to direct, manipulate, transform and utilize the other resources for effective and efficient functionality of the organization and the realization of its aspirations and goals, the appropriate use of manpower in an organization undoubtedly has a direct and significant bearing on the productivity of the organization.  

However, after 6 years of enforcement of the National Assembly Service Commission Act, 2014(as amended), has the intended managerial and administrative efficiency in service delivery in the National Assembly been achieved? Has it resulted in appointing “round pegs into round holes” into the Commission? Where laid the challenges to effective performance of the statutory functions of the Commission: the spirit, intent of the Law or the law making process or both. Is the National Assembly Service Commission Act, 2014, a victim of generic tragedy of law making and practice of rule of law for good governance in emerging democracies?  

According to Otto, Stoter and Arnscheidt, (2008), “the very bills enacted reflect the compromises reached by Politicians and other forces necessary to remain in power. They argued further that Democracy envisioned by the Power holders is “democracy with teeth and claws” because the rationality of politics in such climes often involves power struggles as a matter of life and death, order and chaos.  That against known methodology of lawmaking which is based on reason informed by experience, politicians in developing nations, more often than not, pursues strategies intended to ensure their political and physical survival (and relevance) rather than to ensure good governance”. Does this apply to the National Assembly Service Act, 2014?  

Statement of the Research Problem

Public  Service in the National Assembly is still beleaguered by patronage and politicization. The elements of political patronage in the Nigerian National Assembly public service take the form of clientelism, favouritism, nepotism, the practice of replacement and proper placement which diminishes the quality of its bureaucratic staff.  

Efficiency and effectiveness of the Commission on matters of appointment, promotion and discipline has declined and with it the effectiveness of the Staff of the National Assembly in support of the core functions of the Institution. Under the 8th Session of the National Assembly alone, according to the records of the Rules and Business Committee of the House of Representatives, the President of the Federation withheld assent to over 213 bills citing such deficiencies like grammatical errors, duplication of agencies and overlapping function of agencies.

Corruption and other vices have been reported on the Commission. Promotion to certain high cadre is conducted on whom- you- know basis, or the use of unethical process of “Proper placement”.

The later was even acknowledged in its letter of  17thAugust, 2017, wherein it was stated that  “with effect from 24th August, 2017, the National Assembly Service Commission shall not entertain any requests for proper placement as it does not exist in the public service” (NASC Circular, 17th August, 2017). Recruitments have not been advertised but done in secrecy. Positions have been distributed to Members of the Legislature and the Commission who filed them with their cronies and children in a deceptive procedure called “replacement”. The 2018 recruitment exercise was conducted by the Commission against the extant rules in secrecy and brazen disregard for due process and federal character principles whereby Kogi State alone had almost a third of the recruits. At that, few of the newly recruited staffs were selectively documented leaving out many of them until 3years later.

Some officials of the Commission have been accused of corruptly conniving among themselves and with some Senior Staff of the National Assembly to influence their scores in the promotion examinations, to be unduely promoted or to falsify their records of Service to gain more years in service or promotion. Recommendation letters from traditional rulers, ethnic organization fly about when any vacancies existed in the upper echelon of the national assembly bureaucratic leadership for consideration. In 2017 and under the 4th National Assembly Service Commission, 150 staff of the National Assembly was promoted over and above their seniors and competence using vexatious proper placement. The practice is so rife that merit is been mocked.

There is rising cases of crass incompetence in the handling of disciplinary cases which exposed the National Assembly to public odium. In 2018, 150 senior staff of the Service blatantly refused to proceed on due retirement after notices had been served them on the pretext of enforcing a resolution of the National Assembly which the bureaucratic leadership lacked powers to determine.   Political considerations for relevance and survival rather than merit and experience have marred nominations and appointments to the Commission within the period under consideration, former legislators, friends and Aides of the Presiding officers of both Chambers have been either nominated or appointed into the Commission. The appointments have been along lie of party loyalty in disregard of spread. A State like Lagos just had a representation on the Board while all the Chairmen from 2001 have been of Northern extraction. Inclusiveness and spread are symbolically considered if at all.  

The Political leadership of the National Assembly has interfered on matters bordering on the core duties of the Commission against the provisions of the Act pursuant to section 6(8) of the NASC Act. In 2016, the leadership of the 8thSenate ordered the withdrawal of appointment letter and reissuance to a favoured appointee as acting Clerk of the Senate.   The rule of thumb and open secret in the Commission was that no appointment into some Senior positions in the National Assembly service could be done  except the Leadership “agreed to work” with the potential appointee(s).

The last nominations for appointment in 2018 was stalled due to Executive-Legislative face-off to the effect that that “List-out” was said to have been lost in transmission and this resulted in the failure to inaugurate the 5th National Assembly Service Commission until 2020.

In the light of the aforementioned, the Staffs of the National Assembly and the National Assembly Service Commission itself appear to be losing confidence in the capacity of the Commission to independently discharge its statutory activities with the net effect that she is not unable to enforce the payment of staff allowances which she proposed and was approved by the National Assembly pursuant to section 6 (9) of the NASC Act, 2014. The later has led to protracted labour unrest as never before in the National Assembly Service System and to disruption of the work of the Federal legislature.

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