Politics

National Assembly And Sustainable Democracy

Published

15 years ago

July 15, 2011

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

Politics

Parties’ Deregistration: How Justice Lifu Overruled Appeal Court Justices

Published

20 hours ago

June 17, 2026

The Tide

Justice Peter Lifu of the Federal High Court in Abuja on Monday brushed aside the order of the Court of Appeal in Abuja which ordered him to stay proceedings in a suit that sought deregistration of the African Democratic Party (ADC), Accord Party and three others.
The Court of Appeal in a unanimous decision of a panel of three Justices had on May 22, 2026 directed the Federal High Court Judge not to proceed with the suit until an appeal pending before them and filed by Accord Party is resolved.
In a Certified True Copy Enrol Order of the Superior Court, Justices Mohammed Danjuma, Adebukola Banjoko and Oyejoju Oyewumi asked the lower Court Judge to stay proceedings until all issues on the appeal filed by the Accord Party were resolved
Governor Ademola Adeleke of Osun State had, through the Accord Party, applied to justice Lifu to join him as a defendant in the deregistration legal battle instituted by a group of former legislators.
The contention of the Osun State governor was that he had a stake in the Accord Party, being the platform he was seeking re-election in the August 15 gubernatorial poll in the state.
In his ruling, Justice Lifu on April 27 ruled against the Osun State governor, rejecting his request to be joined in the suit to defend his own position and interest.
Not satisfied with the Federal High Court decision, the Osun State governor, through his lawyer, Musibau Adetunbi (SAN), moved to the Court of Appeal in Abuja where he challenged the Justice Lifu decision to refuse to allow him join the suit.
After listening to the argument canvassed, especially that he has interest to protect as Accord Party gubernatorial candidate for Osun State governorship election, the three Justices of the Court of Appeal, unanimously directed Justice Lifu to allow them look into the grievances of the governor.
In specific terms, the Court of Appeal Justices directed Justice Lifu not to proceed further with the matter and fixed October 27 to determine the interlocutory appeal of the appellant.
However, when the certified enroll order and notice of appeal were served on Justice Peter Lifu by Mr Adetunbi (SAN), the judge rejected it on the ground that it was a ploy to arrest his judgment in the matter.
Although the judge had adjourned his judgment delivery in the matter indefinitely, he finally made a dramatic turn around on Monday and proceeded to deliver the judgment that has now proscribed the five political parties.

Politics

ADC: Okonkwo Rejects Amaechi As Presidential Running Mate, Withdraws Support

Published

20 hours ago

June 17, 2026

The Tide

Actor turned politician, Mr Kenneth Okonkwo, has rejected the choice of former Rivers State Governor, Mr Rotimi Amaechi, as the running mate to Alhaji Atiku Abubakar in the 2027 presidential election on the platform of the African Democratic Congress (ADC).
In a statement on Monday, Mallam Bolaji Abdulllahi, the National Publicity Secretary of the ADC, announced the party’s choice of Mr Amaechi.
However in a statement, Mr Okonkwo said that the choice of Mr Amaechi from the South South strengthens the continued marginalization of people from the South East.
According to the former spokesperson of the Labour Party, any arrangement that would not factor a person from the South East either as president or vice president in the party is anti-Igbo.
He contended that Chief Raph Nwosu, who founded the ADC in 2005 and willingly surrendered it’s leadership to Senator David Mark did not do so to entrench Igbo marginalization in the party.
The former actor said: “I heard from the social media that ADC has picked its vice presidential candidate from the South-South. If this is true, it is unfortunate, as this will continue the crude marginalisation of the South-East.
“This geo-political zone has neither produced a president or vice president since 1999. To deny the South-East the opportunity to produce the president or vice president in the ADC in 2027, will amount to perpetuating the marginalisation.
“The ADC was founded by Ralphs Nwosu from the South-East in 2005. He made the sacrifice to give up the party in 2025 for the coalition to usher in a better Nigeria. He couldn’t have made that sacrifice to marginalise his own people.
“I did not join the coalition to assist in marginalisation of my own people further. I am of the opinion that if we made a sacrifice to give up the national chairman and the president, it will amount to unpardonable injustice to deny us the vice president in 2027.
“I joined politics to fight for a better Nigeria where no region, geo-political zone, or person will be marginalised.
“The only favour I asked Atiku Abubakar, who openly declared that he is the pathway to the presidency of the South-East, is to show it by choosing someone from the South-East to be his vice.
“If it is confirmed that he has chosen a candidate from the South-South, I wish him well. I am not favourably disposed to campaigning for any presidential ticket that does not have a person of South-East origin as president or vice in 2027”

Politics

2027: Tinubu’s Projects Give APC Edge In South East – Yilwatda

Published

20 hours ago

June 17, 2026

The Tide

The National Chairman of the All Progressives Congress (APC), Professor Nentawe Yilwatda, on Monday said that the numerous projects being executed by President Bola Tinubu across the states in the southeast will give him upper hand over other presidential candidates during next year’s general elections.
Prof. Yilwatda stated this at the Abakaliki Township Stadium during a mega rally organized by the Ebonyi State government and Minister of Works, Senator David Umahi, during which President Tinubu and other APC candidates for the 2027 general elections were adopted.
According to the APC National Chairman, no President had done for the southeast region what President Tinubu has done for them and expressed the confidence that the president would not only win in Ebonyi State but in the entire South East.
Prof. Yilwatda also used the occasion to address growing insinuations in some quarters that Ebonyi State had been conceded to the Peoples Democratic Party (PDP) ahead of the 2027 general elections.
Dismissing the claim, Prof. Yilwatda said the state would not allow the PDP to win any position in the forthcoming general election.
“We will return President Bola Ahmed Tinubu and Francis Nwifuru as Governor of Ebonyi State in 2027.
“We want to return all APC senators, members of the House of Representatives and House of Assembly candidates in 2027.
“Nobody has conceded Ebonyi to the PDP. Therefore, there is no vacancy in Ebonyi State. Ebonyi PDP has no place, and there is no vacancy at all in the Government House come 2027,” the APC National Chairman declared.
He commended the people of the state for their support for President Tinubu and urged them to re-elect him in the next presidential election in appreciation of what he has done for the state and the entire South-East through infrastructural transformation and human capital development.
Governor Francis Nwifuru, who also spoke at the event, said the state had no other presidential candidate for the 2027 general elections apart from President Tinubu.

He declared that Ebonyi remained a stronghold of the APC and vowed that the party would deliver the President in the state.

Gov. Nwifuru said President Tinubu had shown exceptional commitment to the state and deserved total support for appointing Senator Umahi as Minister of Works, a role he said Senator Umahi had performed creditably.

“Ebonyi has no other presidential candidate apart from President Bola Ahmed Tinubu, and we will return him in the presidential election.

“We are standing here today to tell the whole world, especially those using the President’s name to orchestrate division and confusion in this great state, that we have only one party, and that is the APC.

“This statement became necessary because some people are going around claiming they have discussed with Mr President and that he has handed Ebonyi over to the PDP. They are also saying that Chief Nyesom Wike is their leader and that Wike said the President has given Ebonyi to him.

“Ebonyi is not for sale. We are restraining ourselves because the people are with us. Nobody should push us because we have what it takes to confront anyone trying to destabilise us.

“We want to tell Mr President that he has earned our votes. He gave us what we had never had in Eastern Nigeria — the office of the Minister of Works. And this Minister of Works is not sitting idle; he is working,” he stated.

Senator Umahi, in his remarks, said President Tinubu had done what no other President had done for Ebonyi State and the entire South-East by executing numerous projects across the state and the region.

“Ebonyi State is a one-party state under Governor Francis Ogbonna Nwifuru. We are not going to repeat the mistakes of the past.

“President Bola Ahmed Tinubu has done a lot, not just for Ebonyi State but for the entire South-East and other geopolitical zones,” he said.