In this post we will be looking at Legislative branch of Federal government of Nigeria, Legislation as a source of Nigerian law and Functions of legislation.
INTRODUCTION
The Legislature is said to be the first among the three Arms of Government – the Legislature, Executive, and the Judiciary. These Arms are characterized by the principle of separation of power as each is supposed to be independent of the other. The Legislature derives its powers from the 1999 Constitution (as amended) in Sections 4(1) and 4(2). The Legislature is vested with the powers to make laws for the peace, order and good governance of the Federation. “It is also vested with investigatory powers, financial powers, confirmation and impeachment powers. It would not be out of place for me to use this occasion to remind us that the Legislature is the symbol of democracy all over the world. Under Section 4 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) (the “Constitution”), the National Assembly of Nigeria often called NASS is vested with the legislative powers of the Federal Republic of Nigeria.
That is the power to make laws for the peace, order, and good government of the Federation with respect to any matter included in the Exclusive Legislative List and the Concurrent List – a list of 12 items that both NASS and States’ house of Assembly can legislate on. This legislative power is typically exercised through Bills passed by the NASS which are assented to by the President. Bills generally come in two forms – either a Private Bill which affects private citizens, corporate entities and/or a particular class of people or Public Bills which affect the general public. A Bill can be introduced into either chamber of the NASS by members of the respective chambers or the Executive arm of government. The National Assembly of Nigeria has two chambers: the House of Representatives and the Senate. The House of Representatives is the lower chamber of Nigeria’s bicameral National Assembly and is presided over by the Speaker of the House of Representatives. It has 360 members each of the Federal Constituencies of the country, who are elected for four-year terms in single-seat constituencies. A Bill can be introduced into either chamber of the NASS by members of the respective chambers or the Executive arm of government. The National Assembly of Nigeria has two chambers: the House of Representatives and the Senate. The House of Representatives is the lower chamber of Nigeria’s bicameral National Assembly and is presided over by the Speaker of the House of Representatives. It has 360 members each of the Federal Constituencies of the country, who are elected for four-year terms in single-seat constituencies. The Senate, which has 109 members, is presided over by the President of the Senate. 108 members are elected for four-year terms in 36 three-seat constituencies, which correspond to the country’s 36 states. One member is selected in the single-seat constituency of the federal capital.
The legislators are elected to either the House of Representatives or the Senate to be representatives of their constituencies and to pass legislation to benefit the public. The legislative process consists of bills being drafted and presented in either of the two chambers. These bills can only become national law once they are approved by the president of Nigeria who can veto bills.
The President of the Senate is currently Ahmed Ibrahim Lawan, who was elected to the senate in 2007, and the Speaker of the House is Femi Gbajabiamila, who has been Nigeria’s 9th Speaker of the House of Representatives since 2019. Each member of the National Assembly of Nigeria can be elected to more than two four-year terms. Recently, the Legislative branch has been misusing its position as a check on the power of the president and his cabinet. Legislators have been known to utilize their power for not only law-making, but as a means of political intimidation and a tool to promote individual monetary success. Senators are paid a salary equivalent to over $2,200 USD a month, supplemented by expenses of $37,500 USD a month (2018 figures).
Legislative branch of Federal government of Nigeria
The legislative branch is responsible for creating laws. Federally, the legislative branch is Congress, which consists of the Senate and the House of Representatives. The executive branch is responsible for enforcing the laws. Federally, the executive branch is led by the president. Other members of the executive branch include the vice president, the Cabinet, and all of the employees of federal departments that are part of the executive branch, such as the CIA, the FBI, and the post office. The United States military is also considered part of the executive branch. The judicial branch is responsible for interpreting the laws. Federally, the judicial branch consists of the Supreme Court and the other federal courts. While the Constitution only establishes branches of government at the national level, all 50 states have also divided their state governments into the same three branches of government through their state constitutions. At the state level, the executive branches are led by governors, the legislative branches are made of elected state legislatures, and the judicial branches take the form of state supreme courts and other state courts.
Legislation as a source of Nigerian law
The two fundamental sources of Nigerian law through legislation are
- Acts of British parliament, popularly referred to as statutes of general application during the period before independence.
- Local legislation (comprising enactments of the Nigerian legislatures from colonial period to date). There were other sources which though subsumed in Nigerian legislations were distinctly imported into the Nigerian legal systems. They are called the criminal and penal codes of Nigeria.
Nigerian statutes as sources of Nigerian law
Nigerian legislation may be classified as follows. The colonial era until 1960, post-independence legislation 1960-1966, the military era 1966-1999.
Post-independence legislation 1960-1966
The grant of independence to Nigeria was a milestone in the political history of the country. This period witnessed the consolidation of political gains made during the colonial era. Politicians genuinely focused their lapses in the polity. It achieved for herself a republican status by shaking off the last vestiges of colonial authority. However, despite the violent violation of its provisions, the constitution remained the subsequent administrations (military or otherwise).
Military regime, 1966-1999
The Armed forces of Nigeria assumed the rulership of Nigeria in 1966 – 79 and 1983 – 99 except in August – September, 1992. The breakdown of law and order which occurred in the period under review would not be attributed to any defect in the Nigerian legal system. Corrupt practices both in the body politics and all aspects of Nigerian life eroded efficiency and progress. There were 8 coups generally, five were successful and 3 were unsuccessful.
Functions of legislation
Democratic legislatures have six major functions: representation, deliberation, legislation, authorizing expenditure, making governments, and oversight. The functions are as follows:
Representation
There exist five ways that representation can be achieved in a legislature:
- Formalistically: how the rules of the legislature ensure representation of constituents;
- Symbolically: how the constituents perceive their representatives;
- Descriptively: how well the composition of the legislature matches the demographics of the wider society;
- Substantively: how well representatives actually respond to the needs of their constituents;
- Collectively: how well the representatives represent the interests of the society as a whole.
Deliberation
One of the major functions of a legislature is to discuss and debate issues of major importance to society. This activity can take place in two forms. In debating legislatures, such as the Parliament of the United Kingdom, the floor of the legislature frequently sees lively debate. In contrast, in committee-based legislatures like the United States Congress, deliberation takes place in closed committees.
Legislation
While legislatures have nominally the sole power to create laws, the substantive extent of this power depends on details of the political system. In Westminster-style legislatures the executive (composed of the cabinet) can essentially pass any laws it wants, as it usually has a majority of legislators behind it, kept in check by the party whip, while committee-based legislatures in continental Europe and those in presidential systems of the Americas have more independence in drafting and amending bills.
Authorizing expenditure
The origins of the power of the purse which legislatures typically have in passing or denying government budgets goes back to the European assemblies of nobility which the monarchs would have to consult before raising taxes. For this power to be actually effective, the legislature should be able to amend the budget, have an effective committee system, enough time for consideration, as well as access to relevant background information.
Making governments
The power of the legislature over the government is stronger.
Oversight
There are several ways in which the legislature can hold the government accountable, including questioning, interpellations, and votes of confidence.