Politics
National Assembly And Sustainable Democracy
Conventionally, the business of modern government is conducted around three arms, namely the legislature, the executive and the judiciary. This division is inspired by the time honoured doctrine of Separation of Powers, first articulated by the ancient Greek philosopher, Aristotle but made popular by the French political thinker, Baron de Monlesquieu. Writing as early as 384-322 B.C, Aristotle remarked that:
There are three elements in each constitution in respect of which every serious law giver must look for what is advantageous to it. The three are, first, the deliberative, which discusses everything of common importance; second, the officials and third, the judicial element.
This idea was what was later elaborated by Montesquieu into what we generally refer to as the doctrine of separation of powers. Writing in 1748 in De L’Epirit des Loise, Montesqueu posited that: When the legislative and Executive powers are united in the same person or in the same body of magistrates, there is no liberty. There is no liberty, if the judicial powers is not separated from the legislative and executive powers. Were it joined with the legislative powers, the life and liberty of the subjects would be. exposed to arbitrary control, for the judge would be the legislator. Were it joined with the executive power, the judge might behave with violence and oppression. There would be an end of everything were the same man or the same body to exercise these three powers.
In its basic formulation, the doctrine of separation of powers demands that the three primary functions of government namely: law making, implementation and adjudicating or interpreting -the law be entrusted into the hands of three of an over concentration of governmental powers in the hands of a few.
In line with the necessity for separation of powers, sections 4,5 and 6 of the constitution of the Federal Republic of Nigeria (CFRN) 1999 clearly stipulate the powers of the three organs of government. In what follows, we reflect on the powers of the legislature.
The legislature in Nigeria is essentially bicameral and is variously referred to as the National Assembly or Parliament. Bicameralism suggests that the National Assembly is made up of two legislative chambers an upper chamber known as the Senate and a lower chamber known as the House of Representatives. It has a total membership of 469,360 from the lower chamber and 109 from the upper chamber.
The powers of the National Assembly are stipulated in Section 4 (1-(9) of the constitution. Section 4 (2) for instance states that ‘the National Assembly shall have powers to make laws for the people, order and good government of the federation or any part thereof with respect to any matter’. Mamora (2009) categorizes the powers of the legislature into three, namely ‘expressed’, ‘implied’ and ‘assumed’ powers. Expressed powers refer to those powers of the legislature that are clearly spell out in the constitution such as lawmaking, authorisation of expenditure of public funds, creation of states etc. Implied powers refer to those powers which may not be expressly stated in the constitution but which by extension of the constitution; the legislature may, by necessary implication legislate on. These include power of arrest (section 89), power to create new ministries etc. Finally, assumed powers may be exercised by the legislature in response to a constitutional or administrative lacuna. For instance, following the failure of the, late president Yar’ Adua to duly notify the National Assembly of his incapacity arising from ill-health, the National Assembly on the basis of the interview he granted the BBC invoked the doctrine of necessity and passed a resolution’ authorising the then Vice President to assume the position of Acting President.
How well the National Assembly has played the aforementioned roles remain a subject of active popular contestation. For some, the legislature is at best a drain on national resources: given the amount of money it costs the nation to maintain the lawmakers. For instance a popular text message that was circulated in the midst of the brouhuha over the pay of legislators queried:
do you know that it costs taxpayers 290m naira yearly to maintain each member of our National Assembly in a country where nothing works & where 80% of population earn below 300 Naira? A working day earning of a senator is more than a yearly income of a doctor; It’s more than the salary of 42 Army generals or 48 professors or 70 commissioners of police or more than twice the pay of the US president or 9 times the salary of US congressmen …
Others believe that though our democracy is expensive. It is better than the pain that military rule represented. The issue for me is not between democracy and dictatorship. It is about how to sensibly remunerate our lawmakers in a manner that does not amount to a derivation of resources that could be mobililsed for national development. It becomes particularly worrisome against the realisation that in terms of productivity, measured in terms of number of bills passed into laws. The Nigeria’s National Assembly lags behind the American congress, even as its members earn several times over what their American counterparts earn.
The controversy is one which is not about to be resolved and it may not be fruitful to detain ourselves on this any further. Given the specific purview of this presentation, it may be fruitful for us to focus our attention on the role of the National Assembly in sustainable democracy.
Aaron is a lecturer in Uniport
Kikpoye K. Aaron
Members of the Lagos State House of Assembly, on Monday, passed a vote of confidence in Mojisola Meranda as the Speaker of the Assembly.
The lawmakers expressed their confidence in her leadership at the plenary, which Rt Hon. Meranda presided over amidst tight security.
The Tide’s source reports that there was a growing tension at the assembly as legislative workers protested against the alleged plans to remove Rt Hon. Meranda as the Speaker of the Assembly.
The legislative workers also clashed with the operatives of the Department of State Security (DSS) who, in the early hours of Monday, stormed the assembly and sealed Rt Hon. Meranda’s office alongside that of her Deputy and the Clerk.
Our source had reported how armed security personnel took over the complex at Alausa, Ikeja, leading to palpable tension among the lawmakers and workers of the assembly.
There are indications that the ongoing imbroglio at the assembly following the removal of Mudashiru Obasa as Speaker on January 13 has not abated.
The Monday’s drama came a few days after Mr Obasa, who was removed for alleged abuse of office and corruption, dragged the state lawmakers to court, challenging his removal as the Speaker of the Assembly.
There are alleged plans to return Mr Obasa as the Speaker, a development which has further heightened tension at the assembly.
The Tide’s source reports that when Meranda arrived the assembly complex amidst tight security around 11:15 am on Monday, many legislative workers showed solidarity with the first female Speaker over alleged plans to remove her.
“Meranda we want”, “Meranda We want”, the workers were chanting in a short video clip.
Rt Hon. Meranda visibly overwhelmed by emotion was surrounded by her security details amid the chaotic atmosphere.
Inside the chamber, officials of the DSS clashed with the legislative workers, leading to commotion.
The DSS officials, dressed in black jackets and helmets and armed with weapons, struggled with the workers at the door.
The Tide’s source gathered that, with support from the legislative workers, lawmakers had earlier forced their way into the chamber around 12:30 pm.
It was further gathered that Rt Hon Meranda and about 32 members were present at the plenary.
A short video clip of the plenary showed that all the lawmakers in attendance had passed a vote of confidence on Rt Hon Meranda.
“Madam Speaker, all members standing before you, I move a motion to say that we do pass the vote of confidence on Rt Hon Mojisola Lasbat Meranda”, a lawmaker said.
The motion was supported by all members in attendance.
The Peoples Democratic Party (PDP) and the All Progressives Congress (APC) in Osun State, on Monday, traded words over the alleged killing of three persons.
Members of both parties were locked in battle for the control of some local government secretariats. While two persons were killed in Iragbiji in Boripe Local Government Area, another was killed in Irewole Local Government Area.
There had been tension across the state over the Court of Appeal judgment in respect of the sacked APC council chairmen and councillors.
While the PDP claimed that the Feb. 10 judgment of the Court of Appeal, Akure, did not reinstate the sacked APC chairmen and councillors elected in 2022, APC insisted on their return.
Speaking with journalists in Iragbiji, Korede Ajeigbe, the commissioner for government affairs and protocol, claimed that two PDP members were killed while trying to prevent APC members from taking over a secretariat.
Mr Ajeigbe also said that six PDP members were seriously injured and were currently receiving treatment in the hospital.
APC, however, alleged that PDP members attacked its members while trying to enforce the Court of Appeal judgment.
Addressing a news conference in Osogbo, Bayo Adeleke, a chieftain of the APC, claimed that one of the party’s prominent members was killed during the crisis.
He also alleged that another member of the party, Remi Omowaye, escaped an assassination attempt in Ilesa.
Mr Adeleke, a former commissioner for local government and chieftaincy affairs, urged the state government to allow peace to reign by allowing the APC chairmen and councillors to return to office.
Another chieftain of the party, Jamiu Olawumi, claimed that APC chairmen had resumed in 15 local governments of the state.
This claim, however, could not be immediately verified.
When contacted, the police spokesperson in the state, CSP Yemisi Opalola, said she was yet to be briefed on the alleged killings.
Ms Opalola, however, said police officers had been deployed to all the local government secretariats in the state to prevent breakdown of law and order.
Meanwhile, Gov. Ademola Adeleke has directed workers as well as politicians to stay away from local government secretariats to avoid further bloodshed.
Mr Adeleke, in a statement by his spokesperson, Olawale Rasheed, said only security agents would be allowed to keep watch at the secretariats.
He condoled with families of victims of the crisis.
Leader of the 8th Opobo/Nkoro Legislative Assembly, Barrister Samuel Nengia, has passed a vote of confidence on the Chairman of the LGA, Dr. Enyiada Cookey-Gam, as he marked his first one hundred days in his second term in office.
Speaking with newsmen recently in Port-Harcourt on Dr Cookey-Gam and the celebration of his first one hundred days in office, among other people-oriented development projects and programmes, Nengia argued that the Chairman and his team have recorded unprecedented developmental strides, which includes infrastructure transformation, empowerment, security, human capital development, payment of the approved N85,000. 00 minimum wage to Opobo/Nkoro workers’, among others.
He pointed out that his commendation was apt as the activities of the Chairman had been monitored and discovered to reflect the expectations and yearnings of the people, especially, the promotion of council staff, the refurbishment of the Assembly Complex to standard, the construction of Corpers’ Lodge, the provision of effective transportation system for the well-being of the people in the area.
Hon. Nengia, representing Opobo/Nkoro Ward 6, averred that the people of the LGA could now sleep with their eyes closed owing to Dr Cookey-Gam’s achievements in in the security sector.
He added that the vote of confidence the Council’s number one citizen would strengthen him to deliver more democratic dividends to Opobo/Nkoro people.
He admonished Opobo/Nkoro people to rally support for the Chairman to perform creditably well for the well-being of the electorate in the area.
Meanwhile, Barr. Samuel Nengia, has thanked Governor Siminalayi Fubara for appointing three illustrious sons of Opobo/Nkoro Local Government Area into positions of trust vis former Commissioner for Education, Dr. Tamunosisi Gogo Jaja, as Chairman, Rivers State House of Assembly Service Commission; former Secretary of Opobo/Nkoro Local Government Area, Engr. Edward Namiesimagha, as Chairman, Rivers State Waste Management Agency (RIWAMA) and Surveyor Peter Ogolo, as Surveyor-, General of the state.
Hon. Nengia, who described the appointments as well deserved, however, enjoined the appointees to bring their leadership wealth of experience to bear in the herculean tasks of reviving their various areas of jurisdiction.
Bethel Toby