Post on 17-Jan-2023
STRENGTHENING THE LEGISLATIVE INSTITUTION FORDEMOCRATIC CONSOLIDATION IN NIGERIA
By
*Olufemi Patrick ADELUSI, Ph.D.Department of Political Science,Joseph Ayo Babalola, University,Ikeji-Arakeji, Osun State,Nigeria.e-mail:adelusifemi@yahoo.com; Tel: (+234)8083831583
and **Ajinde OLUWASHAKIN, Ph.DDepartment of Political Science and Public Administration,AdekunleAjasin University,Akungba – Akoko, Ondo State,Nigeria.oajinde@yahoo.com ; Tel: ( +234)8060328426
and***Ayodeji Awopeju, MscDepartment of Political Science,Joseph Ayo Babalola, University,Ikeji-Arakeji, Osun State,Nigeria. ayoawopeju@yahoo.comTel: (+234)8034482689
0
STRENGHENING THE LEGISLATIVE INSTITUTION FOR DEMOCRATIC
CONSOLIDATION IN NIGERIA
ABSTRACT
The Legislature is about the weakest of the three arms of government in newdemocracies, hence, the imperative for its strengthening. Therefore, the paperargues that one of the salient ways of strengthening the Legislative institutionfor democratic consolidation is the creation of awareness of the dual roles ofparliament both as a representative assembly and as an arm of government. Itposits that Democratic Consolidation entails the affirmation of the right of thepeople to development through political participation and emancipated civilsociety. The paper then explores the various forms in which the Parliament atthe Federal level could work with other arms of government to achieve forNigerians the desired social, political and economic developments. The paperconcludes on the premise that harmonious working relationship between theParliament and the other arms of government is very essential for the neededelite consensus on the developmental goals within the context of a reformationagenda. As it should be realized that there is no perfect democracy, rathereffort is required to have a workable democracy that would require exigentialreformative agenda for consolidation.
1
1. INTRODUCTION
Between 1945 and 1990, the period generally referred to as
the Cold War, many countries in Eastern Europe, Latin
America, Asia, and Africa were mostly under authoritarian
regimes. However, the wave of change brought down many of
these regimes in the 1990s to the spread of democracy in
many countries, particularly in Africa. Most developing
countries, like Nigeria that embrace democracy, often face
many challenges as they shake off authoritarian past, to
consolidate their democratic gains. In 2009, Freedom House
reported that 116 countries out of 194 qualified as
“partially free”; meaning that those countries have not
fully consolidated their democracies
(http://www.ehow.com/list-7270625_issues_democratic-
consolidation-html, accessed 11/4/2011). The 51 years of
Nigeria’s existence as a State in the process of becoming
a nation had witnessed less than 19years of democratic
rule. What constitutes the 19 years is the uninterrupted
years of the current fourth republic and the aller-retour of
military dispersed uncoordinated civilian rule. The
military being no firm believer in the principles of
separation of powers or checks and balances saw in the
legislature one of its primary targets of assault whenever2
power is seized. The Legislature was in abeyance for 30
years as a result of prolonged military rule.
The twelve years of civilian rule (1999-2012) have
witnessed an attempt at democratic consolidation. The
democratic institutions created by the 1999 Constitution
have been working, to so some extent, but the pluralistic
nature of the Nigerian society has not made its impact
felt by the imposed 1999 Constitution. In other words, the
provisions of the 1999 Constitution are wantonly inimical
to democratic culture and consolidation.
The executive arm strengthened by legacy of military rulecarried out the arm-twisting tactics into the democraticspace during the early stage of the Fourth Republic from1999-2007. However, the legislature as the elected body toarticulate the people’s opinions, hopes and aspirationshad become progressively exposed to and stronger in law-making and oversight capacities. The advent of PresidentYar’Adua’s administration in 2007 attenuated the over-bearing attitude of the Executive. Hence there is need forcreating enabling environments to ensure that legislaturescan adequately perform their mandated functions andresponsibilities (http://www.packworld.org
3
/cs/international_legislative_strengthening_thml. Accessed11/18/2011). Our understanding of Democratic Consolidation is that in
which the democratic institutions which are put in place
for political participation of all segments of the country
are allowed to freely work in order that the resolution of
developmental problems are achieved, and the rule of law
is adhered to. The paper begins from the premise that one
of the salient paths to strengthening the legislative
institution for democratic consolidation is the creation
of awareness of the dual roles of the parliament both as a
representative assembly and as an arm of government.
Accordingly, the paper is divided into the following
parts, namely: first, this introductory part; second, a
theoretical focus; third, the parliament as an arm of
government with the areas of challenges; fourth, the
parliament as a representative assembly, with the areas of
challenges, and the conclusion.
2. A Theoretical Focus
The term democratic consolidation, was originally coined to
describe the challenge “of making new democracies secure,
of extending their life expectancy beyond the short term,
4
of making them immune against the threat of authoritarian
regression, of building dams against eventual ‘reversal
waves.’” (Schelder, 1964).
Consolidation by itself revolves round theoretical
templates, namely, institutionalisation, informal rules,
and civic culture. As the main focus of this paper is on
the Legislative institution, the institutionalisation
aspect is closely examined. Some writers reason that the
process through which a democracy attains consolidation
entails the creation and improvement of secondary
institutions of the democracy. Linz and Stephen assert
that democracy is consolidated by the presence of the
institutions supporting and surrounding elections (for
instance, the rule of law).
(http://en.wikipedia.org/wiki/Democratic_consolidation).
By democratic consolidation, therefore, we mean the
process of strengthening the democratic institutions, by
heading off any reversal to authoritarianism. In this
regard, there are several issues in democratic
consolidation, notably credible elections, respect for
human rights, maintaining a robust economy, among others.
5
Strengthening democratic institutions, particularly the
Legislature, goes beyond mere bricks and mortar
buildings, rather it involves the ways and norms of doing
things. It is not enough for a country to give the people
the liberty of expression and holding regular elections,
but more so in adherence to the rule of law.
In this respect, the legislature as an institution
requires fortification to in turn consolidate the
democratic process. The need to strengthen the
Legislature is borne out of the fact that “the fragmented
character of assemblies weakens their capacity to provide
leadership and take concerted action.” This has become
more acute in an age in which the people look to
government to solve social and economic problems, and in
which states have no choice but to play crucial roles in
global affairs and politics. How then can the Legislature
be strengthened to become stronger, more effective,
democratic institution in playing its expected roles?
3.Strengthening the Parliament as an Arm of Government
with the Areas of Challenges
The Parliament in the 1999 Constitution of Nigeria
6
The 1999 amended Constitution of Nigeria in Chapter V, Part I
Section, A 47 – 51 prescribes the composition and staff of the
National Assembly. Section B 52-64 states the Procedures
for summoning and dissolution of National Assembly.
Section C 65-70 prescribes the Qualifications for membership
of National Assembly and Right of Attendance, while
Section E 80-89 states its Powers and control over Public
funds.
It has to be stated that the roles of the parliament
prescribed above are similar to those of the Houses of
Assembly at the State level. The National Assembly,
however, is the concern in this study, with the
understanding that the analysis may be applied at the
other levels. It is note worthy that all the five sections
of the Part 1 of the Chapter V elaborately stated above
need a second look with the expectation for recommendation
on their consolidation.
The items under Section A which are about the Composition
and staff of the National Assembly, Sections 47-49 are in
order. Nigeria adopts a National Assembly which is bi-
camera as stipulated in section 47; while the composition, of
7
three senators from each state or 109 senators as
presently constituted for the red chamber; and the Three
Hundred and Sixty (360) members that make up the House of
Representatives – the green chamber, will add up to Four
Hundred and sixty nine (469) members, representing 167
million Nigerians. Given this composition of the membership of
National Assembly, what is desirable is not to allow the
representatives remain without agenda setting – with civil society
groups working along with them.
Section B with items on the Procedures for summoning and
dissolution of National Assembly would need some attention
given to its contents. Indeed, section B64 on Dissolution
and Proclamation needs to have a specified date inputted;
the 5th of June of the year can be retained as it is
presently. Sections C and D on Qualifications for membership
of National Assembly and Right of Attendance, and those
items on Elections to National Assembly are still valid
and democracy friendly; though 66 (f) may be modified to
include leave of absence for interested public sector
workers who have indicated willingness to participate in
partisan politics.
8
Central to our discussion on strengthening the parliament
as an arm of government, is section E of this part I, contains
power and control over public funds. This power which is often
referred to as “the chief power”of the powers of Congress
of the United States of America, has also been referred to
as “power over purse”. Section E 80 (1) – (4) expressly
established a Consolidated Revenue Fund for the
federation, which simply can be referred to as the Public
Funds from where all the activities of the Federal
government could be funded. Section 80(3)-(4) gave this
power, thus:
Section 80(3): No moneys shall bewithdrawn from any public funds of thefederation, other than the ConsolidatedRevenue Fund of the Federation, unlessthe issues of those moneys have beenauthorized by an Act of the NationalAssembly.
Section 80 (4): No moneys shall bewithdrawn from the Consolidated RevenueFund or any other public fund of thefederation except in the mannerprescribed by the National Assembly.(FGN Printer, 1999).
Accordingly, the Constitution placed the power of
authorisation of expenditure from the Consolidated Revenue9
Fund on the shoulders of the Parliament in Section 81 (1)
– (2). It made it mandatory for the Executive, headed by
the President, to cause the Appropriation Bill to be
prepared and laid before the Legislature.
(The Appropriation Bill is the instrument of the Executive’s
plans for the running of government within the relevant
fiscal year).
The power of authorisation of expenditure is followed by
the power to conduct investigations where:
Section 88 1(a) & (b and 2 (a) & (b), states subject tothe provisions of this constitution eachHouse of the National Assembly shall havepower by resolution published in its Journalor in the official Gazette of the Governmentof the Federation to direct or cause to bedirected an investigation into the conduct ofaffairs of any person, authority, ministry orgovernment department charged or intended tobe charged, with the duty of orresponsibility for disbursing oradministering moneys appropriated or to beappropriated by the National Assembly (FGNPrinter, 1999).
The role and power of the legislature over appropriations
have served to illustrate how important the legislature is
as an arm of government. It is expected to make laws for10
the peace, order and good government of the state as
appropriate. The above illustration exposes Nigerian
National Assembly to some critical deficiencies in
carrying out these roles, which can be referred to as
areas of challenges.
4. Areas of Challenges in the Exercise of the
Parliamentary Role as an Arm of Government
Political Situation
The political context of the first Parliament of the
Fourth Republic is instructive. As there was a rush for
military disengagement, this necessitated elections
without adequate provision for the individual legislator’s
office accommodation and staff officers. Accordingly,
remuneration, emolument, and housing accommodation issues
dominated the discourse. The National Assembly complex
barely had offices for principal officers. This lacuna may
have been overcome with new buildings added to the initial
edifice hosting the National Assembly under the second
administration of the Fourth Republic, from 2007. During
the period, there was preponderance of motions being
passed instead of Bills. Crash programmes on legislative11
studies were half hazardlyorganised internally and
externally. The obvious consequences of these
infrastructure deficiencies were the bickering among the
legislators in each house / chamber and between the
National Assembly and the Executive.
Power of Appropriation
The power over purse accorded the legislature could not be
exercised effectively as the executive carried over the
military government experience of diktat into democratic
space. The first and second administrations under the
Fourth Republic, shared this same attribute. There has
never been a rancorous free Appropriation Bill passage and
added to this context was open charges and counter charges
of corruption between the Parliament and the Executive. It
is noteworthy that if there is urgent need for elite
consensus, it is most needed at this level of Executive –
Legislative relations on the passage of the Appropriation
Bills, and more rigorous oversight for appropriate Acts,
particularly budgetary implementations.
Concentration of Power at the Centre
12
Another area of challenge is the over concentration of
legislative powers at the centre, in which 68 items have
been attracted to the centre. The Centre need not have
more than 32 items for a balanced Federation. It is elite
consensus that can really appreciate the need to avoid
over concentration of Legislative powers at the centre in
a federation. What can be described as Nigeria’s pseudo and
unbalanced federation may rather weaken than strengthen
the legislature.
Legislative Image
The National Assembly marked the end of its ninth session
in the 10 years of unbroken democratic / civilian rule, in
the third term of the PDP –led Federal Government in June
2009. Moreover, the unbroken string continued into the
fourth term of the PDP – led Federal Government which
ushered in the Seventh National Assembly in April 2011.
Along the arguments posited by this paper, the leaders of
the bi-cameral legislature- President of the Senate, Ken
Nnamani and the Speaker of the House of Representatives,
Aminu Bello Masari, both of 1999-2007 administration and
BankoleDimeji of 2007-2010 administration, respectively
stressed “the need for the nation to have an independent13
and virile legislature to safeguard democracy in the
country.” (The Punch, November 12, 2007:4). In the same
vein, the Seventh Assembly under the leadership of
President of the Senate, David Mark (2007-2015) and the
Speaker, House of Representatives, AminuTambuwal (2011-
2015), all would concur on the need to have an independent
and strong legislature to consolidate democratic gains
thus far in Nigeria.
Specifically speaking, during his tenure, Senator Ken
Nnamani urged his colleagues to safeguard the integrity of
the legislature, because the demise of the legislature
would mark the death of democracy. The Speaker of Osun
State House of Assembly, Adejare Bello, (2007-2010)
administration spoke in the same vein that “Democracy is
about the parliament. If you remove parliament, then there
is no democracy” (Sunday Punch, April 19, 2009:1).
The position of the legislators was founded on the knee-
Jerk and denigration the National Assembly was subjected
to by one of President Obasanjo’s broadcasts in which
members of the National Assembly were accused of
corruption.
14
Moreover, it must be mentioned here that the Senate
reacted negatively to the refusal of the Executive to
implement the 2005 Appropriation Act as passed. This made
the Executive to accept the wisdom of the Senate that it
could not unilaterally tamper with the budget without
legislative permission.
Epilepsy Funding
Another one area of challenge to be considered for
strengthening the Parliament is “the area of epileptic
release of funds.” According to Hon. Bello Masari, “the
epileptic release of funds to the National Assembly had in
many ways adversely affected the work of the House.”
Expatiating further, he said that the existing practice of
charging the emoluments of the National Assembly on the
Consolidated Revenue Fund of the federation, subject to
the discretionary approval of the executive arm of the
government, contradicts that principle of separation of
powers and continues to militate against the full growth
and maturity of the parliament (The Punch, June 3, 2005:7).
It has been advocated that a law be made by the National
Assembly, creating its own service commission autonomous
15
of the Federal Civil Service Commission, to be known as
“the National Assembly Service Commission”. Accompanying
this law also is that which seeks the charging of the
funds allocated to the National Assembly direct to
consolidated fund without the Executive control and
supervision. However, the creation of the National
Assembly Service Commission should enjoy autonomy of the
Federal Civil Service. This and the first charge on
consolidated fund for direct funding of the National
Assembly might involve constitutional amendment.
Corruption and the Cost of Governance
The issue of corruption in the Assembly must be taken
seriously, both administrative and financial corruption.
Legislators must be persons of credible credentials and
above board in handling monetary matters. Some members of
the Legislature between 1999 and 2009 have been charged
for certificate forgery and financial misappropriation, or
outright embezzlement. Equally indicting is the charge by
the Central Bank of Nigeria (CBN) that the overhead for
the National Assembly was about 25 per cent of the
National Budget. Regardless of the denials by the
Assembly, other notable authorities have corroborated the
16
financial recklessness associated with the Nigerian
Legislature. (The Legislative Assembly and You, 2011, pp. 27-29).
This will require curtailment to truly make the
Legislature honourable and strengthen its capacity as
democratic institution.
In this respect, some experts have advocated for a “Part-
time Legislature.” In an address entitled: “A call for the
Abolition of Full-Time Legislature,” TyodzaAtim said:
“Nigeria should redefine and restructure her democracy by
making the legislative arm of government part-time. The
sitting of various Houses at the National, State and Local
Council levels should only be five times in a year.” (The
Guardian (Lagos), December 12, 2010).
Although Atim did not limit his advocacy to the
Legislature alone, however, the focus of this paper is on
this arm of government. Broadly though, the high cost of
governance is not too helpful for the sustenance of
democracy. It is hard to imagine how a democracy can be
consolidated when resources that would have been invested
in improving decayed infrastructure and the development of
basic socio-economic amenities are “wastefully expended on
17
salaries and allowances of legislators.” (The Guardian,
December 12, 2010). A Legislature considered by the people
as a leech has no place of honor or strength. Moreover,
where there is socioeconomic discontent among the people
there is bound to be disruption and instability within the
polity.
In a more critical sense, how can Nigeria “restructure her
democracy by making the legislative arm of government
part-time” without weakening the legislative institution
rather than strengthening it? And if the legislative
institution is rendered weak, as working on part-time
could be a disincentive to hard work, and invariably
weaken democracy instead of consolidate it, then a new
snag in democratic consolidation is lurking. Therefore,
the path of honor and fairness is the way to go by
appropriating what is right for all by “legislative re-
design.”
Such a legislative re-design or reformation will take
cognizance, first and foremost the well-being of the
people they represent in the people’s parliament. The
legislative re-design will take the form of ethical
18
rebirth, regeneration devoid of the spirit of greed and
senseless accumulation. Elected or selected
representatives have no right to lord it over their
electors. Rather, there should be a form of egalitarian
interaction and balance between the representatives
(legislators) and their constituencies (electorates). Such
interaction and balance would ensure strength and
consolidation of electoral democracy. A United Nations
Development Programme and National Democratic Institute
(UNDP/NDI) discourse had focused on this aspect of
Strengthening the Legislature – Challenges and Techniques. It takes a
process-oriented approach to representation by looking at
three all-important components: “the capacity of
representatives to engage constituents, the capacity of
constituents to engage their representatives, and the
legal and political framework within which this engagement
takes place.”
(http://www.gsdrc.org/go/topic-guides/political-systems/ef
fective-legislature-legislatures) (Accessed 11/18/2011).
5. Strengthening the Parliament as a Representative
Assembly within the Areas of Challenge
19
We have stated at the beginning of this discourse that the
parliament serves dual purposes, namely: as an arm of a
government and as a representative assembly. Most times,
the first role occupied the parliament to the exclusion of
the other. There is basically no mutual exclusivity in the
two tasks. By carrying out effectively its role as an arm
of government, the aspect of being a responsive
representative assembly could also have been taken care
of. It is important for us to throw light on the
representative assembly role of the parliament and how it
could be strengthened the more, in terms of the quality of
leadership they provide.
Leadership
A statement credited to John Stuart Mill in 1862 describes
the legislature as the people’s representatives. He
stated:
The proper office of a representativeassembly is to watch and control thegovernment, to throw the light ofpublicity on its acts, to compel a fullexposition and justification of all ofthem which any one considers questionable,to censure them if found condemnable …. Inaddition to this, the Parliament has anoffice … to be at once the nation’s
20
committee of Grievances and its Congressof opinions. (Leautier F.A, 2002: 180).
One can deduce from the above that the legislator is a
leader of his people. This kind of leadership entails
among other functions, being in touch with the people,
that is, the constituency. It is expected that legislators
need to have functional/operational offices in their
constituencies. The purpose for which such an office is
mandatory is to allow legislators to stay in constant
touch with the people. It is from among the constituents
that the legislators got elected. There is an evolving
relationship between the legislature and the constituency.
At present, of the 109 Senators and the 360
representatives, few of them could their constituencies
attest to having been mobilised towards a cause that is
central to resolving their welfare problems. The
constituency offices should serve as people’s parliament
and address issues that have direct impact on their lives
and the overall development of the area.
Just as the question keeps popping up as to whether the
National Legislator is responsible to the country, the
state or even the party, so does the question of relevance
of the legislators to solving individual, group or party21
problems still disturbing the minds of electorates at the
constituency level. Indeed, other questions arise as to
how does the legislator handles the differences in the
constituency and resolve the potential conflicts between
competing interests in the nation and even within his own
constituency? Again, if he / she loses the confidence of
the constituency, is he/she obliged to resign? How
empowered is the constituency in the principle of recall?
Section 69 of the 1999 Constitution provides a right to
recall a member of the National Assembly. This provision
could be said to demonstrate the practical application of
the impact of the constituency on the activities of the
Legislature. It is the members of the Legislator’s
constituency that are empowered to set in motion the
process for recalling a legislator.
Section 69 provides that a legislator may be recalled, if,
(a) There is petition to the chairman of the
Independent National Electoral Commission a petition
in that behalf signed by more than one-half of the
persons registered to vote in that member’s
constituency alleging their loss of confidence in that
member, and
22
(b) The petition is thereafter in a referendum
conducted by the Independent National Electoral
Commission within 90 days of the date of receipt of
the petition, approved by a simple majority of the
votes of the persons registered, to write in that
member’s constituency (FGN Printer, 1999).
It must be borne in mind that the above area of recall
came from the Political Bureau instituted in 1987. The
rationale for such clauses was informed by the fact that a
“a culture of consultation and reciprocal control with
regard to law making and the use of power and privileges,”
is critical to responsive democratic practice.
It is not in order to think that there is a belief that
Nigerians have by now an idea of the goals of nationhood
and the objectives of representatives. The inclusion of
the section above in the 1999 Constitution found support
in the observation of Tip O’Neil, a one time Speaker of
the United State House of Representatives, when he spoke
of the vital truth in which “the whole point of having a
Congress is that the representatives of the people are
accountable to their constituencies.” (Ornstein N, 1992).
Thus, the power of recall should serve:
23
(a) As a constant reminder to the legislator of the
people whose interest is mandatedly represented and
(b) To develop a culture of consultation with the
constituency.
Essence of Legislative Strengthening
The essence of the advocacy on legislative strengthening
is to make the legislature become stronger, more
effective, democratic institution. And this can be done
through programmes and activities which are designed to:
Increase transparency,
Accountability,
Strengthen public participation and representation,
Build public policy,
Law-making, and
Oversight capacities.
For legislatures to properly perform the above mandated
functions and responsibilities, enabling, environments are
required that would:
Support efforts to create a constitutional and legal
framework
Build broad public support for the legislature through
working with civil society and media groups.24
Promote recognition on behalf of other government
bodies, of the critical role of representative bodies
in a democratic society.
Towards achieving these goals, the United States Agency
for International Development (USAID) identifies and seeks
to promote three primary functions of democratic
legislature: “representation of the wishes of the citizens
in policymaking, lawmaking and oversight of the
implementation of laws, policies and programs,” of
government(http://www.pactworld.org/cs/international_
legislative_strengthening_thml) (Accessed 11/18/2011).
This, we believe, is part of the efforts of the overall
strengthening of legislature for democratic consolidation,
particularly in new democracies.
Information Imperative
Information is power and this cannot be over emphasised in
the issue of democratic consolidation. The passage of the
Freedom of Information Bill (FOI) was a great stride
towards democratic consolidation. The Bill was signed into
law by President Goodluck Jonathan on May 30, 2011, and
thus becoming an Act. According to a member of the Federal
House of Representatives, MrsAbikeDabiri – Erewa:
25
The FOI Act instigates key democraticfunctioning, by forcing government tooperate more efficiently and transparently,while simultaneously inspiring citizens tobecome active participants in the civicprocess … . So we have to learn how to makeour government accountable, because thisAct makes it possible for every Nigerian toseek information on how our government isusing our resources. (The Punch (Lagos)July 21, 2011, p.14).
She affirms that the Freedom of Information Act will
deepen democracy if fully implemented.
In addition, when the legislative institution is
strengthened to perform its constitutional
responsibilities, particularly the power of appropriation
and oversight of policy implementations will go a long way
in prompting the Executive to deliver on implementation of
policies and goals such as achieving growth and welfare
for the Nigerian people (Bankole, 2009). Such will help to
curb the high incidents of ethno–religious and communal
violence, stem the tide of violent extremism like the Boko
Haram phenomenon, and give democracy the resilience it
possesses to thrive in a fluid political and social
environment like ours.
26
Finally, the print and electronic media have to devote
greaser attention to issues raised at the public hearings
on Bills in the Parliament. This would enhance the
parliament’s publicity and also increase the interest of
the public in matters slated for hearing that concern them.
Certainly, the willingness of a growing number of
Assemblies to open up their proceedings to television
cameras has helped to raise their public profiles and
strengthen them as fora of debate and agencies of
oversight (Heywood, 2000:354). Scholars and researchers
should not be left out as repertoire of data for prompt
analysis of policy formation and implementation. The
actualisation of the power of recall of legislators cited
in Section 69, for example, poses a challenge here. The
major challenge is that of the relevance of an accurate
voters’ register by which appropriate members of the
electorate can be identified. (Guobadia D.A. 2001). There
is no gain saying of the fact that the whole process of
recall could be bedeviled by fraud, victimisation and
undue influence on the process of getting the machinery in
motion.
Conclusion27
In this discourse, we have highlighted the areas of
challenges in the dual roles of the parliament that are
worthy of consideration and suggestions for strengthening
the legislature towards democratic consolidation. It was
stated that democratic consolidation deals with people’s
participation in governance. The institutional mechanism
for people’s participation is the parliament. The fact was
demonstrated that the constituency sends representative to
the parliament and that the lack of organised and
sustainable relationship between the representatives and
their constituencies is a major setback to democratic
consolidation (Guobadia D.A. 2001).
It has been advocated that the focused areas of challenges
confronting the legislative institution in its dual roles
of serving as an arm of government and a representative
assembly need to be resolved. It has been argued that
surmounting the challenges, would in part strengthen the
legislative institution and help consolidate democracy
which is a means towards achieving an all round stability
and developmental goals for the country.
28
One may ask: whose duty would the strengthening of the
legislative institution be for democratic consolidation?
The answer is not a simple one. Without being pretentious
of other likely answers, we might look at the issue this
way: The civil society at the level of the constituencies
would need greater sensitisation, call it advocacy, on the
values of electing acceptable community-based individuals
who have proven their commitment to their communities and
their development. Clearly, the non-governmental agencies,
devoted to socio-economic and human rights are in a better
position to sensitise the civil society into electing
representatives that would be close to actualising their
aspirations. The political parties are also to recruit its
membership along the same lines. The essence of this is to
guarantee the election of people who live and share the
aspirations of their communities (Guobadia, D.A. 2001).
Next to the contributions of the civil society, is that of
the media. The media has a great role to play. It can
start with great agenda setting. The various sessions of
local council assemblies, State Houses of Assembly and
those of the National Assembly chambers could be covered
for public interest. In fact, dedicated print and
29
electronic media programmes, and publications are needed
for reaching out to the constituents and from them shall
all their demands and support be passed on or reflected
upon. With the instrument of FOI Act at their disposal,
the media as the Fourth Estate of the realm, a watchdog,
has the responsibility to investigate and publish accurate
information necessary for good governance and development.
The organised private sector working in collaboration with
specialised faculties of social sciences of tertiary
institutions, training and management centers can uplift
the level of debates and proceedings coming out from the
various legislative institutions in the country. Research
findings into behavioural (political, economic and social)
patterns likely to foster democratic practices could be
disseminated to the public at large through sponsored
publications and news bulletins and programmes. In
pursuance of this, whenever there appears an erosion of
democratic values, this will necessarily call for a reform
agenda in the system. Reform invigorates, making democracy
to become better, freer, more participatory, more
accountable, more competitive, and more responsive
(Diamond, 2008:369).
30
Finally, strengthening the legislative institution for
democratic consolidation would be realisable only if the
main areas of challenges observed with regards to its dual
roles as an arm of government and as a representative
assembly are tackled holistically.
31
REFERENCES
Adejare, Bello (2009), “Presiding over a Parliament islike tending mad people” in Sunday Punch(Lagos), 19April p.1.
Bankole, Dimeji (2007), “Executive influence killed pastLegislatures” In Business day (Lagos), November 12,p.4
Bankole, Dimeji (2009), “The Role of the Legislature inthe Consolidation of Democracy in Nigeria.”(http://www.themaceonline.com/pub/index.php?view=articleαcatiα=5:a...) (Accessed 11/18/2011).
Diamond, Larry (2008), The Spirit of Democracy,New York: TimesBooks/Henry Holt and Company, p. 369.
FEDERAL GOVERNMENT PRINTER, Lagos, (1999), FederalRepublic Nigeria Official Gazette. No 27, Vol. 86. 5th
May. Constitution of the Federal Republic of Nigeria(Promulgation) Decree.
Guobadia, D.A. (2001). “The legislature and GoodGovernance under the 1999 Constitution” inLannreIdowu (ed). The Media and the Legislature.NGE.Iganmu.Lagos. P. 20.
Heywood, Andrew (2007), Politics, Third Edition, New York:Palgrave Macmillan, p. 354.
“International Legislative Strengthening TechnicalAssistance Service.”Pact2011.(http://www.pactworld.org/cs/international_legislative_strengthenig _a.) (Accessed 11/18/2011).
32
Ladipo, A. (2004).www.cpahq.org/LADIPOPAPRESENTATIONOCTOBER 2004pdfmed. P. 2.
Leauther, F.A. (2002). “Parliaments and Poverty: Buildingthe Capacity to tackle the Problems” in TheParliamentarian: Journal of the Parliaments of theCommonwealth. Issue Two. LXXXIII p. 180.
Linz and Consolidated Democracies(http://en.wikipedia.org/wiki/Democratic_conslidation) (Retrieved August 12, 2011).
Na’abba, Ghali Umar (2003). “The Valedictory Address bythe Honourable Speaker of House of Presentatives tomark the end of the first Assembly of the fourthRepublic” 2 June.http://www/speaker-nass-nig.org.
Ornstein, N. (1992). “The Role of the Legislature inDemocracy” in Freedom Papers USIA.
“Role and Status of National Legislature.”The LegislativeAssembly and You.Vol. 1 Issue 1,2011.thelegislativeassemblyandyou@gmail.com.
Schedler, Andreas (1998), “What is DemocraticConsolidation?” Journal of Democracy, Volume 9, November2, April 1998, pp. 91-107.
THE PUNCH (Lagos) (2005); “Nnamani, Masari Call for virileLegislature” 3 June; p.7.
33