‘Legislative oversight as a critical component of good governance’ raquo; The Guardian Nigeria

Nigeria adopts a bicameral legislature at the Federal level – Senate and House of Representatives, known as National Assembly. While in the States, the legislature is unicameral – House of Assembly. For the purpose of this paper, focus will be more on the federal level, for ease of convenience. nairaland.com The nature of this paper is primarily descriptive in the sense that it will define broad conceptual issues on the role of the legislature and governance. It is also explanatory as the paper delves into the functions of the legislature and the effectiveness of this organ of government in ensuring and sustaining good governance in the Nigerian polity. The paper will further examine some provisions of the constitution and the principles of separation of powers, the principles guiding oversight powers of parliament and checks and balances. Concrete illustrations from the Nigerian democratic experience and jurisprudence will also be explored. This paper will finally conclude by identifying the limitations and challenges of legislative oversight in the Nigerian political context. "Legislative and executive programmes, policies and laws made by the National Assembly are often not efficiently or effectively implemented by the executive branch. Further legislative intervention therefore becomes necessary in order to implement laws passed by the National Assembly and detect and correct problems when they arise. Consequently, oversight of executive programmes and activities has become very critical to effective performance of the Executive and good governance in Nigeria. Participation essentially has to do with involvement and inclusiveness of the citizens in the affairs of government. The public plays a significant role in choosing their leaders and representatives. In the Nigerian context, the legislature provides for public participation in the legislative activities and processes when it calls for memoranda from the public and when it conducts public hearings. Section 4 of the Nigerian Constitution establishes the Legislature: "The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation which shall consist of a Senate and a House of Representatives". Similarly, Section 4 (6) provides that "The legislative powers of a State of the Federation shall be vested in the House of Assembly of the State." The legislature is referred to as Parliament in Britain, Congress in the United States and National Assembly in Nigeria. Whatever the nomenclature, it is safe to say that all functioning legislatures in democratic nations have the roles of representation, law making, and oversight. What www.yohaig.ng is updated regularly legislative oversight? The use of the term ‘oversight’ is credited to Prof. Woodrow Wilson and he defined it as the "duty of a representative body to look diligently into every affair of government and to talk much about what it sees. It is meant to be the eyes and the voice and to embody the will and wisdom of its constituents." It has also been as "the review, monitoring and supervision of government and public agencies, including the implementation of policy and legislation." Legislative oversight involves keeping an eye on the activities of governmental agencies especially the executive branch on behalf of the Nigerian people. This process brings to the knowledge of the public what the executive branch is doing, and affords the electorate the opportunity to determine whether public servants are really serving their collective interest or not. It can therefore be safely said that congress oversight in United States is a matter of practice and only consolidated over the years through judicial precedent and statute law. In Nigeria however, the National Assembly derives its oversight powers from various provisions of the Constitution, directly and mainly from sections 88 and 89 of 1999 Constitution. Separation of powers and checks and balances Under the 1999 Constitution of the Federal Republic of Nigeria (CFRN), legislation, execution and adjudication of disputes, are separated and vested in different organs which are basically independent of one another in terms of their existence and personnel. This is an essential feature of Presidential System of Government. In Mallam Nasir Ahmed El-Rufai Vs The House of Representatives, National Assembly of the Federal Republic of Nigeria. CA/A/154/2002", Justice Oguntade, JCA, as he then was, on Page 956, para 25-30), said that: "It is also a cardinal principle of the Constitution that it operates on a system of checks and balances. Each department has, in certain instances, been vested with powers by the Constitution to confirm or check the exercise of powers of the other departments. It is also the duty of each department to support the other department in carrying out its responsibility under the Constitution." The legislature in Nigeria, guards its independence jealously, but is patriotic enough to realise, that the government is necessarily only one, and cooperation rather than confrontation with the other branches, particularly the executive, leads to a workable governmental framework. The Nigerian Constitution is designed in such a way that the legislature checks and balances the executive, and vice versa. This helps to protect liberty and avoid authoritarianism and dictatorship. Indeed as stated by Justice Brandeis of the U.S. blogspot.com Supreme Court: The Nigerian Constitution provides for instances where presidential appointments must receive the consent of the Legislature. This includes – appointment of Ministers of the Federal Republic of Nigeria; appointment of ambassadors and Nigeria’s representatives abroad; appointment of certain judicial officers; approval of the number of Special Advisers for Mr. President; appointment of a new Vice President in the event of a vacancy occurring;