Legislature And Rule Of Law; Its Effect To Governance: Lautech As A Case Study. (Text Of An Address Delivered By Oluwatomilola Boyinde, P.R.O, Union Of Campus Journalists, At The Passa House Of Parliament’s Parliamentary Day, On Sept. 11, 2014).
Mr. Speaker, distinguished honourables, gentlemen of the press, ladies and gentlemen, Permit me to begin this presentation by expressing my sincere gratitude to the Organizer of this programme (PASSA House of Parliament) and the entire students of the Faculty of Pure and Applied Sciences, for the invitation. I have been asked to speak on the topic, "Legislature and Rule of Law: its Effect to Governance". I feel delighted to be in your midst and to share with you my thoughts and views on the topic given to speak on.
A closer look at the topic under reference immediately reveals some key concepts or issues that require introductory definitions. They include the Legislature, Rule of Law, and Governance, and the actual Experience in advancing the frontiers of democracy in our immediate society.
LEGISLATURE
The legislature is an assemblage of the representatives of the people elected under a legal framework to make laws for the good health of the society. It is also defined as the institutional body responsible for making laws for a nation and one through which the collective will of the people or part of it is articulated, expressed and implemented. The legislature controls through legislation all economic, social and political activities of the nation. It also scrutinizes the policies of the Executive and provides the framework for the judiciary to operate.
RULE OF LAW
The Rule of Law is the legal principle that law should govern a nation, and not arbitrary decisions by individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behavior, including behavior of government officials. In simple term, rule of law refers to a principle of governance in which all persons, institutions and entities, including the State itself, are accountable to laws that are publicly broadcasted, equally enforced and independently adjudicated, and which are consistent with international human rights, norms and standards.
GOOD GOVERNANCE
What is Governance? Conceptually, governance (as opposed to “good” governance) can be defined as the rule of the rulers, typically within a given set of rules. One might conclude that governance is the process – by which authority is conferred on rulers, by which they make the rules, and by which those rules are enforced and modified. Thus, understanding governance requires an identification of both the rulers and the rules, as well as the various processes by which they are selected, defined, and linked together and with the society generally.
It is the exercise of economic, political, and administrative authority to manage a country's affairs at all levels. It comprises mechanisms, processes, and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations, and mediate their differences. Fundamental aspects of governance” are: graft, rule of law, and government effectiveness.
Nonetheless, within this concept of governance, the obvious question is: What is good governance? There is no single and exhaustive definition of “good governance,” nor is there a delimitation of its scope, that commands universal acceptance. The term is used with great flexibility; this is an advantage, but also a source of some difficulty at the operational level. Depending on the context and the overriding objective sought, good governance has been said at various times to encompass: full respect of human rights, the rule of law, effective participation, political pluralism, transparent and accountable processes and institutions, an efficient and effective public sector, legitimacy, access to knowledge, information and education, political empowerment of people, equity, sustainability, and attitudes and values that foster responsibility, solidarity and tolerance.
However, it has been said that good governance is the process whereby public institutions conduct public affairs, manage public resources and guarantee the realization of human rights in a manner essentially free of abuse and corruption, and with due regard for the rule of law. The true test of "good" governance is the degree to which it delivers on the promise of human rights: civil, cultural, economic, political and social rights.
Good governance is, among other things, participatory, transparent and accountable. It is also effective and equitable. And it promotes the rule of law. Good governance ensures that political, social and economic priorities are based on broad consensus in society and that the voices of the poorest and the most vulnerable are heard in decision-making over the allocation of development resources.”
The key attributes of good governance has been identified as:
Transparency
Responsibility
Accountability
Participation
Responsiveness (to the needs of the people)
It thus imperative I point out the effect of Student Representative Council to Governance in our Student Union. The Student Parliament is vested with the legislative powers of the Student Union. In simple terms, the legislature performs three basic roles namely: lawmaking, representation and oversight. So, the Student Representative Council make law, carry out representative functions on behalf of the students and oversight the executive arm of Union, to ensure that it's held accountable to the students from where it derives its sovereignty.
The Student Parliament is the supreme decision making body of the Students' Union, subject to the Students' Union Constitution and the Instrument and Articles of Government of the Institution and restrictions imposed by Law. It lays down union policy, directs the work of the executive committee and holds the elected officers to their responsibilities. The Parliament verifies the work of the officers by approving/disapproving their reports.
Article 1, Subsection 10, No. 6, of the LAUTECH Student Union Constitution states that: "The Student Representative Council shall act as 'Check and Balance' to the Central Executive Council" but the SRC has failed in its duties of checking the activities of the Central Executive Council, and that of the constitution it swore to uphold. We have witnessed administrations marred with violence, victimization, maiming and intimidation of the students it's sworn to protect witnessed; cases where the union executives were dissolved with no account of stewardship. Thus, one could not but conclude that the Legislative arm of the Union has neglected its duties and responsibilities.
It is sadden that the embezzlement of the students' funds has become a perennial malady orbiting in a vicious circle from one executive to the other, of our Union. It is pitiable that a contemporary student union which should be the most vocal at condemning government functionaries for embezzling, siphoning away public funds, has become money making factory; it has been turned to a platform for embezzlement and immorality with leaders whose primary concern is milking the office and enjoying the accolades attributed to it. The monumental wide-scale fraud being perpetuated in our union leaves one to wonder if truly any hope beholds for our nation.
Thus, the fuss ensuing the payment of the Students' Union due with the tuition fee is expected. It is quite understandable! Salient questions are daily being raised about the payment of the due. The questions are: will our student union justify that cost? Will the students get its value? Will there even be total remittance of the due to the union account by the school authority?
Judging from the total amount of the due (running to millions of hundreds of Naira), we are all skeptical of its accountability of the little fund the school management will disburse to the student union, for we believed and alleged that thousands of our naira went to the blues during the last regime (let's hope that our present executive will be an exception to this nefarity).
Therefore, the parliament must oversee this administration to ensure that the students get value for their money and also ensure that this administration and coming ones are run in accordance with the laws in our constitution. It is imperative for the SRC to put the executive arm on it toes, and make sure a congress is called and make the students see reason(s) in the payment of the due. The Union projects to be executed with the huge amount should be tabled before the congress. It is all about democracy; therefore the students should be participatory in the decision-making to the projects.
The SRC should make sure the Union is organized on the basis of the broadest possible participation of all the students. Its structure should be open, democratic, member-run, transparent, and participatory. It should represent the interests of and fight to involve all students, not just the 'so-called' unionists, members of socio-political organizations or the politically inclined ones. It should be organized from the bottom up, with base bodies in the departments and faculties.
INFLUENCE OF SOCIO-POLITICAL ORGANIZATIONS
The selfish interests of the various socio-political organizations in our campus have become an impediment and a force against vibrancy and proactiveness of our Union. Several periods, the SRC witnessed a crisis of leadership which had its origin in the meddlesomeness of the socio-political organizations their members belong to. The petty politics of selfish ambitions of the socio-political organizations has beclouded some of the Student Representative's sense of reasoning.
During the 2012/2013 academic, session, rain semester to be precise, the house refused to behave itself in manners defined in the constitution, and succeeded in producing three speakers in one semester, which is quite embarrassing and debasing. The incident has continued to work against the cohesiveness and unity of members of the house, with the resultant mutual distrust and suspicions. It is sad to see this kind of cloud of an unfortunate rumpus drifting to blur our vision, more so when the vision is needed badly.
Furthermore, another issue to address is the situation where the Speaker of the house belong to Party (Socio-political organization) “A” while the Executive President belong to party “B”; because of that the speaker will use his power to frustrate the schemed agendas of the President. Engaging in political bitterness has not been and will not bring about progressive unionism and this will make union incapacitated to fight our common enemy. We all must not forget that our actions and inactions determine the level of good governance in this our immediate society.
Without the SRC raising its bar above these impediments, there will never be any resemblance of good governance in our Student Union. It is high time the arm woke up to its basic roles, duties and responsibilities, and does it accordingly and constitutionally. The present members of the house have to do away with the political bitterness and chicanery that had been the union lot in the immediate past.
LEGISLATURE AS THE BULWARK OF GOVERNANCE
Beyond representation and oversight, the legislature must carries out other important functions which are intended to promote good governance in the union. These include: the expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence; making laws with respect to any matter within its legislative competence and correct any defects in existing laws.
The legislature arm of our union has for years been found wanting in the above stated functions. The only motion, turned a policy since the inception of LAUTECH Union, which stands till today, is the scrabbling of the harmonized constituency which gave room for abnormalities and many atrocities were committed then. This was done during the 2008/2009 legislative house, headed by the Speaker, Rt. Hon. Sikiru, a.k.a Alliance.
The harmonized constituency encapsulates honourables from each department and also gave some specific hostels to produce honourables to the legislative house of the student union. The house then had more than 100 honourables which at times create many problems like Accreditations and gave room for free entry of hooligans, street urchins, nonentities into the campus. The scrabbling of the harmonized constituency gives room for each department to produce two (2) honourables; then it was 56 honourables at the floor of the house, but now we have 62 honourables due to the creation of new departments. That was the only policy made by the SRC that stands.
REDRESSING THE SRC
Moral Decadence
Dressing.
Comportment of honourable members.
Inner house and public relations.
The present House should seek to build a new image for the legislature; a strong, vibrant, effective Legislature, able to assert itself as an important partner with other arms of government in the delivery of good governance, according respect to the Rule of Law and Due Process”.
The House must not only insist on probity and accountability in the executive arm of the union but also in the management of its legislative business and the ethical conduct of members. This will make the House not to find it difficult to do the needful when any member is speculated or believed to have overreached himself in the discharge of any responsibility assigned to him or her.
There should be core factors which would guide the business and conduct of the House in its bid to enhance its operational capacity and improves its standing in the eyes of the students. These include openness, transparency and probity in the conduct of policy; internal democracy in the running of the House; prudent financial management, review of the Constitution and relevant laws to ensure good governance in the union. Good governance is key to safeguarding a students' union and its trustees from unnecessary risk.
I want to state emphatically that the SRC occupies a central role in the democratic framework our union. Therefore, for our union democracy to thrive, the legislature as a major arm of representative governance of the unions must be strengthened. The legislative arm of our union need to gain the right democratic temperament and confidence to duly discharge its responsibility to this immediate society.
CONCLUSION
Conclusively, I need to point it out to you all, both the legislative arm and executive arm of the union that you get your mandate through the ballot; therefore there is high expectations from the students of which should be made to guide your actions and this place a burden of accountability on you all. In discharging your constitutionally assigned duties of oversight, representation and law making, your primary consideration should be your electorates (fellow students) for they are the ultimate repository of power. As the representatives of the students, your responsibility is primarily to protect and defend the interests and rights of the students.
Mr. Speaker, distinguished honourables, gentlemen of the press, ladies and gentlemen, on a final note, I'll say to this conclave of intellectuals and academics that we all have different roles to play for us to have a vibrant, active and proactive student union and we have to strongly be committed to the cause. And as an advocate of good governance and intellectualism, I appeal to both the Legislative and Executive arms and the generality of the student populace that we all have to make a paradigm shift in our orientation and approach to Unionism.
Once again, I want to thank you for the invitation and your kind attention. In the words of Rev. Jesse Jackson, “If we are related, we shall meet again” I definitely know that we are related in many ways than one. And therefore, we shall meet again.
Thank you and God bless.
Oluwatomilola Boyinde, TOMI'NIGERIA, is the Former PRO, Faculty of Environmental Sciences Students' Association (FESSA); PRO, Union of Campus Journalists; and the PRO, All-Nigeria United Nations Students' and Youth Association (ANUNSA), LAUTECH. [email protected], @TomiNigeria, 08032434218, 2AF2EB9D.