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Case for a focused federal legislature
ANDY DURUEBURUO
THE second
session of the National Assembly in the nation’s fourth republic marked complete
one year on 2nd June instant, when the senators and members of the House of
Representatives were sworn-in. This Apex law making body comprising 109 senators
and 360 members of the House, in accordance with the constitutional provisions
and tenets of the principle of checks-and-balances, monitors and checks excesses
of both the executive and the judiciary. Soon after their inauguration last year
the legislators went into proper legislative business in compliance with the
power conferred on them by the 1999 Constitution of the federation particularly
section 4(2). This section says that, "the National Assembly has the power to
make laws for the peace, order and good government of the federation, or any
part thereof with respect to any matter included in the exclusive legislative
list."
However, the business of legislating for
the whole nation is not an easy exercise. By this arrangement it implies that
the hope of millions of Nigerians is entrusted to these few individuals, hence
it becomes very imperative that only men and women of immense wisdom and proven
integrity who are endowed with the spirit of patriotism ought to be elected to
carry out this onerous responsibility. One admiring feature of the present
National Assembly is that it is not beclouded with unhealthy and egocentric
controversies. In the last one year, this apex law-making body operated in a
harmonious working relationship among its members and the executive arm,
contrary to what obtained during the immediate past federal legislature where
in-fighting among its members was lavishly celebrated.
Its first one year was rather a turbulent
period. While the House was entangled in perjury implicating its former speaker,
Salisu Buhari which led to his sack, the senate was bubbling with impeachment
threats which in six months swept its first president, Chief Evan Enwerem for an
alleged incompetence. In 14 months the senate changed its president thrice
amidst being smeared with contract scandals. This time the House was busy
consolidating its leadership, building walls around it to ward-off external
forces. The frequent clash between the federal legislature and the executive arm
reached a crescendo when the nascent democracy was being threatened and
President Olusegun Obasanjo, who was generally believed to have flagrantly and
unrepentantly breached the constitution already had impeachment threats on his
nose.
At this time both the national and
international organizations had gone into scrutinizing the credibility records
of the nation’s political office holders including the federal law makers. For
instance, an international institution, Afro Barometer in conjunction with
Constitution Rights Project (CRP) and the United States of America Information
Department (USAID) in their joint 2002 survey report on popular attitudes
towards democracy in Nigeria assessed the then federal law makers very poorly,
saying "public trust has diminished for the National Assembly," and noted that
"majority of Nigerians do not believe that their representatives are concerned
with their problems, or work for their interest."
Today, the whole thing is history. The
existing cordiality between the executive and the legislature this time stems
from the resolve of these two arms to courteously confine themselves to their
respective constitutional power without usurpation. Besides, the import of these
improved relationship can not be far from the calibre of the federal legislators
composed in the present National Assembly. Most of them are committed to
rendering selfless services to the nation. This gives room for timely and mature
approaches they adapt to in resolving their internal conflicts. One remarkable
instance when this cordial relationship proved its good benefit was the
impeachment move that would have rocked the Senate leadership in March but was
settled with great weight of wisdom involving elder statesmen and the ruling
Peoples Democratic Party. Another instance when great wisdom and spirit of
national interest were displayed in the National Assembly was when certain
contentious clauses in the 2004 Appropriation Bill would have brought the
executive and the legislature at crossroads. President Obasanjo refused to sign
the bill into law, but returned same to the lawmakers who were already observing
their two weeks break. They immediately cut-short the break only to attend to
those clauses in the interest of the nation.
Some critics attribute this good working
relationship to the weakness of the lawmakers. This is not correct. It is
obvious that conflict is part of life, but most acceptable which is reasonable
is a constructive or positive friction is never tailored to retrogressive
tendencies. Democracy does not flourish in a vacuum, but must carry along with
it all institutions and concepts attached to it, depending on the type of system
of government in operation. Besides, the present good rapport between the
executive and the legislature does not in any way give President Obasanjo free
ticket to unduly meddle in the affairs of the legislative body. The improved
romance is neither a fusion of the executive and the legislative body. The
improved romance is neither a fusion of the executive and legislative arms but
guarantees conducive atmosphere for a cordial working relationship between them
in the interest of the nation. It is not unusual to see these federal
legislators celebrating their successful and turbulent-free first year in
office. The use of executive session in handling certain legislative matters
contributed to this success. In the senate, about 28 bills out of 94 introduced
to the chamber were passed into law during 194 days the senate sat which is
above 181 days sittings constitutionally required in this session. The House
passed into law a total of 26 bills out of 99 bills introduced to it in the 215
days it sat, considered 75 motions and treated 143 public petitions from June
2003 to June 2nd 2004. This is in sharp contrast to what transpired in the first
National Assembly in this republic which passed a total of 65 bills out of 258
it received in four years (from 3rd June 1999-3rd June 2003.). In the second
republic both chambers passed 37 bills into law from 1979-1983. All these 37
bills originated from the executive. The speaker of the House, Alhaji Aminu
Masari in a speech to mark the end of first session commended the members for
the peace and cooperation that reigned in the House from the inception till
date. The Senate President, Chief Adolphus Wabara also sang the same song of
praises while addressing the senators at the valedictory session.
Another plus to the present National
Assembly members is that most of them are not insensitive to the plights of the
masses with the particular reference of their quick intervention against the
arbitrary introduction of fuel tax by government, hence saving the nation from
another nationwide strike. The federal lawmakers have been standing firm in
opposing sudden hike in fuel pump prices. Outside the official constituency and
senatorial district projects, some of them personally embarked on projects for
their constituencies and zones just to make the people feel the dividends of
democracy. There are indications that the federal legislators are improving in
their representations. However, the electorate have great expectations from
their representatives. Nigerians persistently look forward to a legislature
which can maintain firmness in approaching issues of legislation and
constitutional governance as regards giving proper consideration to masses
welfare and the nation’s interest. It is onus on the legislators to understand
that lawmaking body is a House for serious dialogue on issues affecting the
lives of the under-privileged millions of Nigerians than a place more worthy of
dramatic society. This is not yet time to pour encomiums, but an opportunity for
sober reflection on tasks ahead. It is unfortunate that some senators and
members have not been allocated offices. This ugly development makes it
difficult for constituents to locate their representatives. This is an important
issue which the leadership of both chambers and the management of the National
Assembly should quickly address now.
Lawmaking, in principle is synonymous to
what the judiciary does in interpreting the law believing that the legislature
is meant to be just and perceives as much about the contents of the law it
legislates like the law court. Law ought to be made with great deal of
objectivity. It therefore requires that the federal lawmakers should look beyond
where they are now, but get focused so that they would be able to make laws that
would have strong bearing on the lives of Nigerians. The ability of any law to
address the realities of people’s lives determines its validity and efficacy.
Some of the existing laws in the country are ambiguous and duplicated thereby
creating difficulties on both their interpretation and application. Mention
should be made of the most controversial Electoral Bill 2001 hurriedly passed
into law in spite of all hues and cries that greeted it. By the order of the
Supreme Court against this Act, it was later repealed paving way for passage of
the most acceptable one in 2002. Also, in this category is the almighty order of
Precedence Act 2002 which demoted the Chief Justice of Nigeria to the position
of number five citizen from four, and placed the Speaker of the House of
Representatives to the fourth position. Unfortunately, in view of their
ambiguous contents, such laws are difficult to be obeyed, but some of the
legislators refused to see any thing wrong in enacting obnoxious laws for the
country. The import of persistent calls for the review of the 1999 Constitution
is because of the ambiguities associated with its contents.
On the other hand, some of the nation’s
laws are duplicated in their contents. In order to stem this ugly trend the
federal lawmakers are, in the eyes of the public believed to be people of great
wisdom and knowledge. In a nut shell, they ought to fully acquaint themselves
with all the existing laws of the federation. This will save the country from
running into constitutional crisis and the risk of situations where courts of
law make laws for the nation.
•Prince Durueburuo lives in Abuja.
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