The Constitution of the Federal Republic of Nigeria 1999 empowers the National Assembly 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 set out in Part I of the Second Schedule to the Constitution. The pivotal role of the National Assembly in this democratic dispensation could be seen from the fact that it is the first arm of government provided in the constitution. Members of the parliament are elected as representatives of the people who apart from making laws carry out the duties of oversight and generally holding the executive arm of government accountable to the people. The National Assembly, which is the legislative arm of government, is one of the major differences between a civilian regime and a military dictatorship. In a military dictatorship, the executive and legislative powers are vested in one person or body of persons while the judiciary continues its work although it is bound to “blow muted trumpets” by virtue of ouster of court’s jurisdiction clauses in decrees. Therefore, a lot is expected of the legislature in promoting the consolidation of democracy, growing the economy, improving the living conditions of the people and averting social unrest.
However, considering that Nigeria is in the last lap of the four-year tenure of members of the National Assembly, it is imperative for the two chambers of the parliament to do a thorough and joint review of what has been achieved and what remains outstanding for the remainder of their tenure. This review should not necessarily be for scoring cheap political points, but a review necessary for improved efficiency and effectiveness in the discharge of legislative duties. For the House of Representatives, it may as well have a sober review of its legislative agenda to see how far it has gone in redeeming the promises made to Nigerians at inception. The imperative of this review is based on the simple fact that there are lots of bills and other legislative work awaiting passage and conclusion. But the time available for the conclusion of these assignments is seriously limited. Very soon, real life politicking will kick in and members will be busy seeking re-election, others will be going for the Senate and governorship seats while some may decide to seek presidential tickets. As the year unfolds, quorums for legislative business may become difficult to form and many members will be distracted from their legislative work to pure political undertakings. There is therefore the need to prioritise and select the most important of these legislative assignments and focus on them so as not to dissipate energy in all directions while achieving little at the end of the day.
Prioritisation should be based on an empirical formula and scheme, some form of a calculus that is constructed around indicators including, inter alia, the contributions of a bill (if passed) or other legislative action to the general welfare, growth of the economy, improvement of infrastructure, poverty reduction, job creation, reduction of insecurity and social tension, increased transparency and accountability, etc. These indicators are not exhaustive as others can be listed by the legislature as a basis for selection of the bills and actions that would be on the fast track and which must scale through the legislative mill before the end of the tenure. Based on these indicators, the two chambers of the National Assembly should separately decide and later harmonise their work for the remainder of the tenure. In the course of the prioritisation exercise, the leadership of the legislature should also consider consulting with the President so as to have the inputs of the executive in the form of prioritisation for executive bills pending before the National Assembly. The results of the overall prioritisation should be communicated to stakeholders and the general public so that Nigerians can facilitate legislative work through appropriate inputs. This discourse posits that bills pending on the following issues may likely scale the prioritisation hurdle. They include the Petroleum Industry Bill, Constitution Review, Electoral Reform, and Auditor-General; bills strengthening the budgeting process in areas of fiscal responsibility, procurements, planning, projects implementation and continuity. Of course, the Appropriation Bill 2014 and the one for 2015 (when presented) must attract legislative priority.
For the PIB, it is clear to all Nigerians that more revenues are bound to flow into the Federation Account for sharing by the three tiers of government when the new fiscal regime comes into operation. And there would be more transparency and accountability and plugging of the leaking pipes of corruption when it eventually becomes law. For constitution review, there are many new and apparently beautiful provisions that would enhance the security and welfare of the people when incorporated into the 1999 Constitution. These include autonomy for local government councils, rights to primary health care and adequate housing, early submission of the budget by the President to the National Assembly to facilitate early approval, strengthening the independence of the Auditor-General, etc. Electoral Reform is imperative considering so many flaws already discovered in the electoral system and the review of this Act should be done as quickly as possible, before the end of the second quarter so that it is not entirely overtaken by unnecessary politicking. The bills seeking to entrench strategic planning, outlaw project abandonment and reduce frivolous expenses will all be in the public interest when enacted into law. The National Assembly should also not forget the establishment of a legislative budget office to strengthen its budget related work capacities.
A very critical issue for the survival of our democracy is the executive–legislative relationship in the budget approval, implementation and oversight process. As the lawmakers resume from the New Year break, it is imperative that they adopt a timeframe of not more than six weeks to pass the budget and forward same for the President’s assent. This suggestion is based on the empirical fact that after a protracted ding dong over the passage of the budget and its figures, the executive normally implements what appeals to it. Thus, beyond getting the approval right, the legislature should seek to devise ways of ensuring that the approved budget is implemented to the letter. The implication of the foregoing is that oversight over the implementation of the 2014 budget must be rigorous, vigorous and meticulous so that those who feel called upon to violate the Appropriation Act must be told in unmistakable terms that the game is up. Inventing all manner of excuses to hold unto appropriated funds; impounding appropriated funds when there are no constitutional or statutory powers of impoundment vested on any member of the executive should be challenged in the strongest terms by the legislature.
Time is of the essence for all legislative interventions of Seventh National Assembly. It will be wise for the legislature to leave a legacy and be a reference point for future elected representatives. But it needs meticulous planning and reasoning together to achieve some form of legislative immortality. The ball is therefore in the court of the members and leadership of the Seventh Legislature to write their name in gold or to be lost in the archives of those who had opportunities but wasted them.
By: Eze Onyekpere
@censoj
