ASSESSMENT OF THE PERFORMANCE OF THE NATIONAL ASSEMBLY IN STRENGTHENING DEMOCRACY IN NIGERIA: A STUDY OF THE 8TH ASSEMBLY

ASSESSMENT OF THE PERFORMANCE OF THE NATIONAL ASSEMBLY IN STRENGTHENING DEMOCRACY IN NIGERIA: A STUDY OF THE 8TH ASSEMBLY

Background to the Study

Democracy is by far the most popular form of government in the world today (Anifowose & Enemuo, 1999; Friedrich Ebert Stiftung, FES, 2008). It is also a concept that is often misconstrued, misapplied or misused (Ajaegbo, 2014). On this note, Ajaegbo argued that defining democracy has proved elusive and this explains why the concept has no generally accepted definition. Therefore, the definitions that abound cuts across cultures and continents and raises fundamental questions on its precise import and application.  

According to Hornby (2010, p. 389), democracy is “a system of government in which all the people of a country vote to elect their representatives”. In the opinion of Appadorai (2004, p. 137), “democracy may be described as a system of government under which people exercise the governing power either directly or through representatives periodically elected by themselves”. Hence, the popular phrase of Abraham Lincoln as quoted by the United States Information Agency, USIA (1991, p. 4) democracy is government “of the people by the people and for the people”. Lincoln’s proposition agrees with the elements of democracy listed by Heater (2003) which includes: equality, sovereignty of the people that must be demonstrated through periodic elections, respect for human life, the rule of law, and the liberty of individuals. Heater further explained the principle of popular sovereignty to mean, “The notion that ultimate power rests with the mass of the people”. Similarly, FES (2008) listed key elements of states organized under democratic principles to include among others: Fundamental freedom and fundamental rights, Rule of law, Separation of powers, the parliament, Elections, etc.

In order to strengthen democratic governance, institutions are key. One of such institution is the legislature. In this regards, Yaqub (as cited in Ewuim, Nnamani & Eberinwa, 2014) averred that if democracy is a system anchored on the informed and active participation of the people, the legislature is a vehicle for equal and wider representation. Therefore, the existence of legislative institution according to Ewuim et al., comprises representatives of the people as a hallmark of democratic government from non-democratic ones. On this note, the legislature enjoys the vested power of the people and thus represents the popular sovereignty as espoused by Heater (2003). According, Section 4(3) Part II of the 1999 constitution which dealt with

Powers of The Federal Republic of Nigeria is to the effect that,  

“The power of the National Assembly to make laws for the peace, order and good governance of the federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this constitution, be to the exclusion of the Houses of Assembly of States”

Based on the foregoing, Sellers (2003) observed that the legislature is the single most important branch of government in any nation governed by the rule of law. Hence, when law rules (rule of law matters), the legislature matters, because the legislature makes the laws. On this note, Van Gestel (2013) argued that the legislature enjoys the place of primacy in governance. Going further, Sellers concluded that the central dilemma for drafters of written republican constitutions has been how to create a legislature that will make laws that advance and protect the common good of all citizens, without favouring one group over others. In this vein, Section 4 (3) of the 1999 Constitution of the Federal Republic of Nigeria, CFRN (as amended) alluded to the place of the National Assembly to legislate for the peace and governance of Nigeria.

Legislatures in democratic countries perform some basic functions in common. These are representation, lawmaking, and oversight functions (Adegunde, 2018). Defining Representation – One major role of parliament in the governing process is to represent the opinions and interests of the citizens. Members of Parliament are elected by a set of eligible voters who form a group of constituencies representing the whole country. In some countries where the quota system is practiced some seats are reserved to ensure representation of special interest groups. For example in Uganda a parliamentary seat from each of the 39 districts is reserved for women. The objective is to increase women’s representation in Parliament. Defining Lawmaking – Parliament enacts laws by subjecting issues of public interests to debate by drafting, modifying, and ratifying public policy into law Bills are introduced into Parliament either as public bills (related to public policy) or private bills (initiated by a particular interest group). When Bills are introduced in the house, they then go through a number of stages, this varies from country to country but the different stages can be summarized as follows: First reading, Committee stage, second reading, the Consideration stage, and Third reading before being passed for presidential or royal assent (Asimiyu, 2018).   

According to Sections 4, 5 & 6 of the constitution of the Federal Republic of Nigeria 1999 (as amended), powers have been arrogated to each individual arm of government implying that no single arm should go about its duty in a manner capable of whittling the influence of another. In the same vein, FES (2008) noted the functions assigned the various arms of government as the: legislative power draws up and adopts laws; executive power enforces laws and government policies; and judicial power represents the legal framework for exercising the power.  This, underscored the doctrine of separation of powers as espoused by Montesquieu.

From the foregoing, the doctrine of separation of powers bestows on the legislature the place of primacy in governance (Van Gestel, 2013) which essentially means that the business of governance begins with the task of law-making. Noting therefore that governance starts with law-making, the concept of rule of law which hallmarks every democracy will be eroded in the absence of laws – which is a primary responsibility of the legislature. By implication, there will be resultant profound lack of respect for fundamental rights which may lead to breakdown of peace and order, consequently endangering democratic institutions and ideals.  

Based on some version of the democratic peace theory which states that, “democracy is conducive to peace, prosperity, and mutual collaboration among democratic nations” (Matto, 2017), democracy is a derivative of peace which is ensured with the respect for constitutional provisions, and is an offshoot of laws enacted by the legislature within a precinct where the constitutional doctrine of separation of powers is upheld. Hence, the legislature serve as essential constituent for any democratic government and major factor in its sustenance (Ewuim et al., 2014).  

In the light of the above therefore, this study is designed to assess the performance of the 8th National Assembly in strengthening democracy in Nigeria.

Statement of the Research Problem

The role of the legislature in strengthening democracy cannot be overemphasized. Hence, Abegunde (2016, p. 227) “democracy is a system of government that gives people the opportunity for self-actualization through propelled political proficiency, economic development and social stability of the polity”. In a constitutional democracy (a democracy where the constitution is held as supreme) with those in government elected representatives of the people, democracies have established a ‘separate peace’ (Weede, 1992). This is to the effect that laws emanating from such democratic Nations are fashioned in a manner that would ensure peace (1999, Constitution of the Federal Republic of Nigeria, CFRN, Section 4(3)). This is to say that a strong correlation exists between democracy and peace on one hand, and by extension the legislature and democracy on the other hand. Instructively, peace is achievable by popular laws enacted by the legislature which would in the long – run advance other elements of democracy.

Summarily, the National Assembly represents peace, order and good governance (1999, CFRN Section 4(3)) through its constitutional role of law-making. Good governance which is a feature of democratic Nations becomes a mirage if legislations do not enjoy the citizen’s support setting the stage for anarchy which means that peace and order would be greatly eroded thereby hampering the gains of democracy.

Deductively, democratic gains are sustained when constitutionality becomes an order of the day, constitutionality on its part is borne out of the effort of the legislature in the course of the discharge of its function of law-making.  

Therefore, the essence of this study was to examine the extent of the effects of the role of the 8th National Assembly in strengthening Nigeria’s democracy.

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