The Legislature and Good Governance in Nigeria
Chapter One
Objective of the study
The main objective of this study is to ascertain the role of legislation in good governance, this is because there is no government without laws, and these laws are made by qualified persons called legislature, and the laws are legislation. However, the study seeks to ascertain:
- i) The challenges of effective legislation
- ii) To ascertain how independent and efficient the legislation made by the legislature
- To evaluate the relationship between legislation and good governance
- To proffer solution to the lapses if any in the 7th assembly
CHAPTER TWO
Good Governance and Democracy
For the purpose of this study, the researcher shall make use of the structural functionalist theory in unfolding the concept of good governance in the Nigerian state. Uya (1985:27) wrote that to understand the functionalist theory, one must look into the biological implications of a living organism as it patterns to the evolutionary theory.
In this simple organism all the necessary functions of life were performed by the same part, the single cell. Therefore, the development of a single cell gave rise to differentiation of cells into parts enhancing specialization, adaptation and integration of the organism to its environment. Thus, the greater the degree of adaptation, the fitter the organism was to survive. This is the Darwinian doctrine of survival of the fittest.
In applying this to the doctrine of democracy and good governance in the Fourth Republic, requires a mutual coordinated links between the rulers and the ruled to ensure effective governance. Thus differentiation and specialization may occur in any of the parts of society. And this requires that they be integrated with other parts of the civil society so that the entire polity can adapt to its environment. This tendency can be said to be a panacea towards safe-guarding societal dysfunction. Consequently, the parts of Nigerian society are its political and democratic institutions namely, the National Assembly, the court system, the police, the Independent National Electoral Commission (INEC), to mention but a few. Thus, the Nigerian Fourth Republic requires the coordinate working and harmonization of these democratic institutions to ensure good governance in Nigeria. The malfunctioning of one of the above institutions means the corresponding dysfunction of the entire political landscape of Nigeria. This can impede growth and sustainable development in Nigeria’s Fourth Republic.
However, the Nigerian experience of functionalism sees the ideology as soothed for the dominant class in the society whose whims and caprices predominates such democratic institutions. The agenda of governance becomes skewed to one side, hence, Nigeria experiences high level of what can be referred to as elitist hedonism. For instance, from the beginning of the erstwhile Obasanjo’s Fourth Republic in May, 1999, the political climate has been a function of the powers of manipulations of the few elites in the society. Developments in Nigerian politics shows that several political parties, 30 of them in number at that time, duly registered by INEC, out of which two: the Peoples Democratic Party (PDP) and the All Nigerian People Party (ANPP) held sway as the remaining 28 became silent in the scheme of things. This is a glaring phenomena of elite politics in Nigeria.
CHAPTER THREE
THE LEGISLATURE’S REPRESENTATION AND PUBLIC PARTICIPATION ROLE
Introduction
Representation and participation form the central pillars of democratic governance. The legislature is the medium of governance. It is the branch to which popular complaints, dissatisfaction, and demands for actions are first articulated. Territorial and population sizes and technical organizational forms of modern societies had divorced societies from direct participation in governance. They do so through their elected representatives.
Strictly construed, representative democracy means that elected representatives directly represent the views of those who voted them into power. However, representatives often develop views on other issues and adapt a mandate of their own in line with their party policy in accordance with international human rights principles.[1]Despite popular calls for the re-introduction of the death penalty in South Africa, their elected representatives cannot represent their views.
CHAPTER FOUR
THE LEGISLATURE’S LAW-MAKING ROLE
INTRODUCTION
Constitutional rights are broad-brush statements of principles and values. The Legislature fleshes out these values to create more tangible boundaries within which citizens conduct their lives. Legislation then becomes a dynamic tool for social reconstruction. Poverty, malaria and its effects on child mortality, road accidents, corruption, armed-crime, unemployment, lack of housing, HIV/AIDS, high food prices and poverty are serious social issues in both countries that need legislative intervention or re-intervention to translate the constitutional values into social goods for the benefit of the citizenry.
CHAPTER FIVE
CONCLUSION AND RECOMMENDATIONS
Introduction
The chapter concludes the study. It provides a summary of the capacities of the two Legislatures as expounded in the study to promote good governance. Recommendations, based on the identified weaknesses, are made. Principally the chapter compares the practices of the two Legislatures with the hypotheses set down at chapter one.
Conclusion
When good governance and legislation functions in the above ways, it breeds social capital, in the form of networks and associations that draw people together in relations of trust reciprocity and voluntary cooperation for common ends. The deeper a country’s reservoirs of social capital and the more these are based on horizontal and vertical relations emanating from both government and public realms, the more formidable is the entire body polity. The benefits accruing to this not only enhances good governance in the Fourth Republic, it also transcends beyond the unknown in our overall national life.
Recommendations
Legal Framework
(a) Budgetary Process
The budgetary process in any Legislature is an important tool. It is a fundamentally crucial moment in the lifespan of governments, which brings the full scope of the legislative oversight role to bear on government’s priorities. Both Legislatures do not currently effectively participate in the budget process. It is recommended that the LSA activates its constitutional budgetary role by enacting the legislation envisaged in section 77 (2) of the Constitution. The LG will also have to enact legislation in terms of article 179(7) to prescribe the procedure for the presentation of Appropriation Bills to the House. It will also have to enact legislation to compel the executive to enforce sanctions recommended by the Auditor-General.
(b) Budget Committee
The study recommends the setting up of a Standing Committee on Budget on the enactment of the above legislation. This committee will not only enhance effective legislative capacity to scrutinize budgets but also oversee implementation of all government’s agencies. The legal framework might consider the requirement of mid-year reports of all MDAs to the Budget Committee. A major role the Budget Committee shall play is to monitor and control unbridled expenditure of MDAs, a factor which has negative monetary policy implications.
(c) Transparency
The continued existence in Nigeria of official secrecy legislations, and the non-existence of legislation that promotes the free access to information, undermine transparency in the budgetary process. This affects the LG’s oversight role over organs of government. Nigeria needs to repeal the State Secrets Act, Act 101 and to establish the appropriate legal framework that guarantees public access to state-held information.
BIBLIOGRAPHY BOOKS
- Alman, M (1972) Debates of African Legislatures: Cambridge, W. Heffer & Sons Ltd.
- Apter, D and C Rosberg (eds) 1994 Political Development and the New Realism in Sub-Saharan Africa: Charlottesville, University Press of Virginia.
- Boulle L, Bede H, & Hoexter C (eds) (1989) Constitutional and Administrative Law: Basic Principles: Cape Town, Juta.
- Breytenbach, W (1997) Democratisation in Sub-Saharan Africa: Transitions, Elections and Prospects For Consolidation: Pretoria, Africa Institute of Nigeria.
- Esterhuysen P (1998) Africa, A-Z: Continental And Country Profiles: Pretoria, Africa Institute of Nigeria.
