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
Mr Rhodes-Vivour expressed concern over the development, saying a dangerous precedent was being set.
He said: “What we witnessed at the House of Assembly represents a troubling pattern where might is increasingly valued over right. This forceful seizure of the legislative chambers undermines the very foundations of our democracy and sends a disturbing message about how power is wielded in our state.”
Mr Rhodes-Vivour criticised the ruling party in Lagos, accusing it of systematically promoting thuggery and violence over ideas.
He argued that such actions have eroded public trust in governance and weakened democratic values that should preserve the rule of law.
He said: “For too long, Lagos politics has been defined by intimidation rather than inspiration, by coercion rather than conviction. The ruling party has consistently demonstrated a willingness to use force to have its way notwithstanding the popular will of the people.”
Mr Rhodes-Vivour urged Lagosians to take the current crisis as a wake-up call ahead of future elections, saying voters should prioritise candidates who demonstrate character, competence and compassion regardless of party affiliation.
“The quality of our democracy depends entirely on the quality of individuals we elect to represent us. Lagosians deserve leaders who view public office as a sacred trust rather than a platform for personal aggrandizement”, he said.
In a statement, signed by its spokesman, Mr Chika Adiele, the group warned that the judiciary would be held responsible for any breakdown of law and order in Rivers State.
They expressed shock over the verdict, warning that it could disrupt the peace and development efforts of Governor Siminalayi Fubara.
The statement read in part: “The attention of the pan-Niger Delta Youths Empowerment Forum, under the leadership of Comrade Maobu Nangi Obu, has been drawn to the shocking verdict of the Supreme Court of Nigeria ordering seizure of Rivers State’s allocation. This is nothing short of economic sabotage against Rivers people.
“The apex Niger Delta youths body is dismayed by the infantile antics of anti-democratic forces whose stock in trade is brewing crisis in a bid to topple the people’s Governor. We firmly condemn this judgement as it is against the tenet of the constitution of Nigeria.
“It is an invitation to war and against equity, justice, and fair play. We equally condemn the order nullifying the local government election as reckless and vindictive.
“Unfortunately, the justices of the Supreme Court positioned themselves as a party to the suit rather than impartial arbiters of justice.”
They urged Nigerians to note that the principle of democracy is rooted in sound constitutional pronouncements with a view to establishing justice. “Therefore, any attempt by the enemies of Rivers people to seize power by judicial fiat will be resisted by the Niger Delta youths.
“We cannot be cowed, neither shall we lay in surrender at the altar of political manipulations of rascals. We reiterate boldly, once again, that anyone, no matter how highly placed, will face fierce resistance by the majority of Rivers people,” they said.
Former Senate Minority Leader, Senator Biodun Olujimi, has appealed to Natasha Akpoti-Uduaghan, the senator representing Kogi Central, to withdraw her suit against Senate President Godswill Akpabio.
Speaking during a live television interview on Saturday, Senator Olujimi said she does not want women to “look emotionally unstable”.
On February 20, Senator Akpabio, the senate president, and Senator Akpoti-Uduaghan engaged in a heated debate during plenary over a change in seating arrangements.
On February 25, the senate referred Akpoti-Uduaghan to the committee on Ethics, Privileges, and Public Petitions for disciplinary review.
However, the Kogi senator filed a N100 billion defamation suit against Senator Akpabio over an alleged defamatory statement reportedly made by the senate president’s legislative aide.
Senator Akpoti-Uduaghan later alleged that her trouble in the senate began after she rejected sexual advances from Senator Akpabio.
Reacting to the development, Senator Olujimi said a senator cannot speak outside the assigned seat according to the senate rule.
The former lawmaker said the request of the Kogi senator that her senate probe proceedings should be broadcast live was a “little overboard.”
She added that the clash between the senate president and Akpoti-Uduaghan should not have been escalated, noting that the change in seating arrangements is a normal phenomenon in the red chamber.
The former senate minority leader expressed support for the probe of Senator Akpoti-Uduaghan’s “weighty” allegations against Senator Akpabio.
She said Senator Akpabio is someone who jokes a lot, adding that the senate president usually made fun of everything.
“I want to say that in the 8th and 9th senate, we never had anything like that (referring to the allegations), and Senator Akpabio was one of us.
“They treated us (female senators) with decorum. We did not have anything like that, and I have not heard anything of such from any other of the remaining senators.
“It is tough for me to be able to take that without proper investigation. There should be an investigation.
“He (Akpabio) jokes a lot. He is fond of making little fun out of everything. He loves to make everything light; when you do that, you become very vulnerable.
“I saw all that they (referring to male senators) went through as men when I was there. They were all victimised by people from outside. I had to rescue them all of the time.
“The court case, I want to appeal to her to take the case out of court. We don’t want women to look like they are emotionally unstable.
“We need to also be strong enough to face the men. Going to court against a presiding officer is not on. I know she is hurt, but she needs to handle it in a better way. I think that should get out of court as fast as possible”, Senator Olujimi said.
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