Challenges confronting Nigeria’s legislature JOHN ALECHENU examines the high turnover of legislators and its challenge to the development of a democratic culture in Nigeria The legislature is often the first casualty each time the military takes over power from democratically elected governments in Nigeria. More often than not, the standard practice is the suspension of the constitution and all democratic structures. However, the executive as well as the judicial arms of government are substantially left intact. With the return to civil rule in 1999, those elected into the legislative arms of government at all levels were at best rookies who scrambled to learn to assert their independence. This was evident in the way the legislators handled their duties in the first few years. The rancour, physical fights and financial scandals which was commonplace during this era is also the product of inexperience. Public perception about the role of legislators in a democracy was equally weak with expectations very high. It is worthy of note that for almost 16 unbroken years the Nigerian legislature has functioned, ensuring representation in government wherein Nigerians could make input into government policy through their legislators. Framers of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) like their counterparts in developed democracies took cognisance of the fact that time is required for legislators to gain the requisite experience to perform, hence the decision not to limit the number of times a performing legislator could be re-elected. However, the electorate reserves the right to recall any legislator who fails to live up to expectations before the expiration of his tenure. This is not the case for executive positions such as the office of president, vice president, governor, deputy governor and council chairmen. The presidential system of government operational in the United States of America (which Nigeria copied substantially from), gives an insight into how much the system values legislative experience. Wikipedia, an online encyclopedia lists US Senator, Robert Byrd, from West Virginia who retired on June 28, 2010 as one of the longest serving lawmakers. He was elected into Congress on January 3, 1959 and served for 51 years and 176 uninterrupted days as a senator. Daniel Inouye from Hawaii who entered Congress on January 3, 1963 and left on December 17, 2012; having served for 49 years, 349 days. Senator Ted Kennedy represented Massachusetts as Senator for 46 uninterrupted years until he died. Senator Patrick Leahy from Vermont, who has been in Congress since January 3, 1975 is in his 39th year and still counting. Observers are of the view that the Nigerian system does not appear to respect this time tested practice which has served the Americans so well. For some inexplicable reasons, many have come to see legislative seats, especially at the federal level, as a game of musical chairs. To this class of citizens who are often prodded by politicians nursing political ambitions, a term or two in the Senate or House of Representatives are enough. No matter how well an incumbent is performing, he/ she should allow others from the senatorial district or federal constituency take their turn. This thinking partially explains why there is a high turnover of lawmakers every four years. Available statistics reveal that only one-third of the National Assembly gets re-elected in an election. For example, in 2011, only 36 out of 109 senators were re-elected and only 100 of the 360 Reps were re-elected. In the Nigerian Senate for example, only two Senators, the President of the Senate, David Mark and the Senate Whip, Bello Hayatou Gwarzo, have remained since 1999. The harm done to the system can better be imagined. Following the release of the schedule for party primaries and that of the forth coming 2015 general elections, aspirants for the National Assembly positions have begun to stake their claim. Most serving legislators would like to remain; a few have indicated interest in becoming governors, while some governors who will be serving out their second term of four years are seeking to retire to the Senate. As expected, the desire of most of the legislators to return to the chambers is being challenged by several interests. A retired federal civil servant, Chief Mike Onoja, who has indicated interest in challenging Marks’s desire to return to the Senate, cites the need for “change” as reason for his action. A member of the House of Representatives, Mr. John Enoh, is seeking to replace the Senate Leader, Victor Ndoma-Egba arguing that he can do better. For Mark, an endorsement from a cross-section of Benue-South senatorial district is, perhaps, an indication that the outcome of the contest, if any – is predictable. Although, the Benue State governor, Gabriel Suswam, comes from a different senatorial district, he has told all who cared to listen that the Benue-South senatorial seat which Mark currently occupies will not be vacant in 2015. Mark’s supporters argue that his years of experience in the parliament should be credited for the stability which the Upper chamber has enjoyed. They also argue that the nation’s polity has equally benefitted in terms of the harmonious working relationship the legislature has enjoyed with the executive. For those who understand the inner workings of the Senate, the mutual respect with exists within the leadership is what has translated into the stability it enjoys. An opposition senator, who spoke to The PUNCH on the condition of anonymity for fear of retribution from his party said: “I think because of his training and time in the Senate – even though he openly calls us his bosses, he has this style of leadership that gives both members of his party and those of us in the opposition a sense of belonging. For reasons I am not at liberty to discuss with you, he has a way of letting you know who is in charge without shouting.” The Senate President, who is regarded as first among equals, also enjoys the support of two of his key allies, the Deputy President of the Senate, Ike Ekweremadu, and the Senate Majority Leader, Victor Ndoma-Egba (SAN). The office of the Senate (majority) Leader, which Ndoma-Egba currently occupies, serves as the engine room for the coordination of all legislative activities of the Senate. This includes the activities of the 54 standing committees as well as any ad hoc committee which the Selection Committee may constitute. He also serves as liaison between the Senate and the Executive as well as the ruling party. A Political Scientist, Mr. Joseph Anuga, argues that experiences acquired over the years can be wiped out if most of these parliamentarians are booted out as has been the practice since 1999. Anuga, who is a lecturer in the Department of Political Science, University of Jos, explained that the agitations by Nigerians especially with regards to the legislature are simply a reflection of the society. He said “The idea behind no term limits for legislators is the understanding that legislators, unlike those in the executive, fulfill a dual role. They make laws which are technical in nature, the longer they stay on the job the better for the system. In order for the legislator not to begin to use his own ideas to make law he has to be elected and for that to happen, he must negotiate with the electorate at given intervals for him or her to return to the job. “That is why political parties are encouraged to run on an ideology and put a person in the legislature to the extent that the person is consistent with the party’s ideology and if the people identify with that party he should be allowed to continue.” According to him, the problem with Nigeria is that some members of the public perceive these offices as reward for the protection of certain interests which do not necessarily reflect the aggregate developmental concerns of the generality of the populace. Commenting on the issue, the Executive Director, Civil Societies Legislative and Advocacy Centre, Auwual Musa-Rafsanjani, argues that some of our legislators should share the blame for the high turnover. According to him, the conduct of some of them has not helped. He said “While it is true that our people are yet to fully understand the functions of the legislature, the attitude of some of our members has not helped. Politics is about people, some of these legislators only return to their constituencies when elections are by the corner. “Some don’t have functional constituency offices; the only thing the public sees is the unbridled display of affluence. Now, tell me, would you expect people to return legislators who have known cases of corruption and extortion hanging on their necks because we want continuity? Legislators must also be accountable to the public.” While institutional integrity will be better preserved and the system better served with experienced legislators in both chambers of the National Assembly (as is the practice elsewhere), only legislators found to have lived above board by their party and the people they represent deserve to return in 2015. Copyright PUNCH.All rights reserved. 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Posted on: Tue, 07 Oct 2014 04:28:18 +0000
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