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Time to re-invent the Nigerian legislature

This column will once more call for attention to a feature of national life on which consensus swings towards its reinvention. And that is the Nigerian legislative establishment.  

While virtually most of the commentaries on the Nigerian legislature highlight its weaknesses as well as sins of commission and omission of its operatives, the situation is not helped by the lack of consensus among its critics on a roadmap for its reinvention. 

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The wide spectrum of public opinion on recent developments in and around some of the nation’s legislative chambers it would seem may have deepened the mix-up whereby the circumstances of individuals are not always separated from the constitutional imperatives that guide the operations of the various legislative institutions.  

While the viewpoints come in their variety, their very divergence heightens the imperative to address the deep seated conflict of perceptions, on the circumstances of the Nigerian legislature. 

For instance, trending in national and international circles are some instances such as the celebrated issue of the Nigerian Senate being excoriated for declining on two successive occasions to confirm Mr. Ibrahim Magu as Chairman of the Economic and Financial Crimes Commission (EFCC). 

Also is the on-going frosty interface between the same Senate and retired Colonel Hameed Ali, in his capacity as the Comptroller General of the Nigerian Customs Service. 

His battle of wits with the body over appearing before it has escalated with the involvement of the courts, in the matter. The Magu and Ali affairs were succeeded in rapid sequence by the issue of the Secretary to the Government of the Federation (SGF) Babachir Lawal, who also declined to honour an invitation by the Senate on the grounds that he is status barred to do so. 

Incidentally, both Ali and Babachir have some role models including Nasir El Rufai, and Diezani Allison Madueke, who at different times opted to defy and ridicule the National Assembly, with the cover of the courts. 

Perhaps a new national debate will dwell on the capacity of Nigerian courts to void a constitutional provision that empowers the legislature to summon any citizen of the country as and when due. 

As it is the National Assembly may also need to go to court to obtain a proper interpretation of this legal mix-up, for the benefit of Nigerians.

However, not to be outdone in the charade of misreading the powers of the legislature, similar acts also flourish at the state level where the state Houses of Assembly have been routinely reduced to facilities that are not more dignified than mere rubber stamp agencies. 

For instance, the Vice Chancellor of the Delta State University (DELSU), Professor Victor Peretomode was reported to have recently declined to honour the invitation from the Delta State House of Assembly, asking him to appear before its Committee on Public Petitions over the failure of the school to release to one of its graduates,  the later’s degree, after about five years of delay. 

Another issue which the VC was to respond to was the expulsion of two female students by the institute. Needless to stress that in other parts of the country, there are also similar instances whereby one legislative institution or the other is subjected to a raw deal by powers that be.

 Placed in context, the fore going instances constitute a long stretching parade of infractions against the legislature in contemporary Nigeria, featuring a variety of mitigating tendencies that have cumulatively rendered the establishment less than what the constitution envisaged for it. 

Hence any remedial action has to start with the extant provisions of the constitution with respect to the full blossom of the legislature at every tier of government. And this is a remediation initiative which the legislature has to undertake by itself. In a world where power is not conferred to a beneficiary on a platter of gold, it constitutes mere wishful thinking to expect the reinvention of the legislature to be driven from outside.  

Infact the legislature needs to reassert itself and recover any powers it may have conceded to the other arms of government namely the executive and the judiciary. This is the least that Nigerians expect from it. 

For the purpose of recap, the core constitutional functions of the legislature remain the representation of their constituents, law making and oversight of the business of government. This tripartite mandate actually confers on the legislature the onus of setting the agenda for the society, at any designated level, be such the national, state or local government.  In the same context the Constitution assigns over one hundred percent powers to the legislature with which to drive the society. 

Needless therefore to allow the present situation where the integrity of the legislature is broached by government appointees with impunity. 

It is even more ridiculous when some of the dissenting appointees have a score to settle with the legislature on issues that border on abuse of office and corruption. 

Meanwhile the Constitution has vested the legislature with the responsibility of driving the anti-corruption war, through several sections and in particular with the dispensation of the Public Accounts Committee to which the Auditor General of the Federation reports.  

 The imperative for a new response from the legislature is self manifest and dictated by the march of time. For example, immediately after the return of the country from military rule to civilian governance in 1999, the argument for any incontinences from the legislature was that it had just emerged from the crucible and will need time to consolidate. 

After 18 years and four terms later, the same argument may no more be valid in defence of even avoidable slips from the legislature, as the principle of ontology dictates. 

After all, as it is said in every day parlance, the young should grow. And when there is no growth then stagnation becomes the order of the day. 

It is significant that the current Eight National Assembly has dutifully set for itself a most commendable Legislative Agenda, to guide its enterprise throughout its tenure which lasts till 2019. The success of that agenda or otherwise rests with the National Assembly as the apex legislative chamber, to lead the state legislatures and come out of a self imposed restraint, in order to reinvent self,  and drive the country’s democracy project.  

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