Role of the Legislature in Engendering Good Governance in Nigeriaby: Abel Ifiemi
There is no gainsaying the fact that good governance is a per-requisite for sustainable development. This is why there is a global advocacy for god governance as manifested in transparency, accountability, responsiveness, consensus-building and the rule of law. These pre-conditions have taken a prime position in the advocacy for people-oriented, responsive and democracy based on the rule of law and constitutionalism. The general perception among nations is the expectation that leaders adhere to these democratic principles of good governance.
Section 4 of the Constitution of the Federal Republic of Nigeria, vests the powers of law making in the Legislature. The Legislation has the constitutional mandate to make laws for the good governance of the Nation as it is applicable in the National Assembly and the State Houses of Assembly at the National level and State levels respectively. The legislation is therefore one of the cardinal institutions of any democratic governance. As a separate organ of government, it plays a crucial role in ensuring the entrenchment of good governance in the State.
The legislature which comprises democratically elected representatives of the people, is basically tasked to make people-driven laws and keep a check on the executive arm to run a However, the duties of the legislature go beyond the traditional business of legislation and constant checks on the executive. The legislators who are entitled to constituency funds periodically to embark on developmental projects for the betterment of the populace. This is in spite of several oversight functions of the first organ of government. The legislature approves the budget, provides direction for government by ensuing that government officials act within the ambit of enacted legislations, controls expenditure, approves treaties and agreements signed by the Executive arm and above all has the power to recommend the removal of non-performing officials from office. While the legislature works in synergy with the executive, it also provides a check on the executive in line with the spirit of checks and balances.
Law-making is the primary and most important function of the legislature. It is through laws that policies of government are laid down for implementation. In accordance with the provisions of the constitution, the legislature makes new laws and may repeal outdated legal provisions. Laws are enacted in accordance with the prescribed procedure.
The legislature is the custodian of national finance. It exercises control over government by controlling the sources of income and the items of expenditure of government. The budget is placed in the legislature for its approval. After the approval of the legislature only the executive gets money according to the budget for execution of policy.
Historically, most governments have succeeded mainly because the legislative organ of government enacted good laws and made sure the government is always accountable to the people. It has been universally acknowledged that for good governance to be achieved, there must be a vibrant legislature. The legislature is a talking shop which discusses and deliberates on all issues of national importance. Through deliberations the legislature reflects public opinion on various issues. It acts as the most effective forum for articulation and expression of public opinion. Legislature acts as a link between the public and the government.
Good governance is the process of making and implementing decisions. It is not about making 'correct' decisions, but about the best possible process of making decisions for the overall interest of the people. Good decision-making process and good governance share several characteristics: They all have a positive effect on various aspects of the government including consultations with the people, policies that are people-oriented, and programmes that provide the platform for developing society.
For the legislature to enhance good governance, the following must play out visibly
The legislature is empowered to look into the needs, business and occupational engagements of the people and make adequate laws that will directly affect the living standards of the people, positively. However, this cannot be achieved if the legislature is made up of people who are rubber-stamp lawmakers. It is against this background that the electorate endeavour to ensure that those elected to the legislature are not mere rubber-stamp. Where there are credible legislators with integrity, the principle of checks and balances works Here, the underlying word is credible representation.
Ostensibly, government is in continuum; hence the legislature is expected to intermittently review, and if necessary amend existing laws to ensure that the needs and desires of the people are met in line with the dynamics of society. The will of the state is formulated and expressed through laws made by the legislature. The modem legislature is subject to two kinds of limitations: one is subordinate legislation and the other is direct legislation in the shape of initiative, referendum and plebiscite. The Legislature often makes laws on broader principles and authorizes the executive to supplement it with technical details. The making of rules and regulations in detail by the executive is known as delegated legislation.
Some laws are archaic and overtaken by time and events. Such laws are reviewed to meet the present needs of the people, so it is incumbent on the legislature to make necessary amendments to such laws. Since 2012, the Restoration administration headed by Governor Seriake Dickson has been very proactive in initiative executive bills, most of which have been passed into law. Some of these include the Anti-Cultism Secret Cult and other allied matters Law, the Annual Thanksgiving Law; the Local Government Administration Amendment Law, the Child’s Rights and Protection Law among others verging on the protection of human rights.
By the same token, the legislature plays a major role in gauging, collating and presenting the views and needs of the people they represent. This is usually achieved through the articulation of the needs and aspirations of the people. It behooves the legislature to determine the development agenda of government.
More importantly, the legislature helps in identifying the problems and challenges of the people that require attention and assist in overcoming bureaucratic inertia. Legislators achieve this by opening constituency offices where the needs. The legislators, who are cognizant of the needs of the ruled, often advise the executive on the best policies and decisions to be taken vis-a-vis state matters. Such material counsel endears government to adopt best ways or method of getting things done for the benefit of the masses.
A vibrant legislature is more or less the propelling factor to engendering democracy and good governance. The commitment and selflessness of law makers is crucial for any government to achieve the desired change. In all its ramifications, the Restoration Administration is getting stronger and has always weathered the storm because of the stability and integrity of the legislature. For good governance to happen, there must be a strong and reliable legislature, which is independent, objective, enjoys the support of the electorate and above all to foster democracy and good governance.
Abel Ifiemi is a member of the Bayelsa Social Media Team
1/07/2016