“The nation Nigeria is in dare need of true independent parliament. It appears to me that we have bicameral legislature at the national level made up of senate and House of Representatives just for fun of it and perhaps to fill up the offices to fulfil all righteousness.
The same is true also of the state Houses of Assembly which have all become so impotent in parliamentary duties and responsibilities to Nigerian people.
The fundamental duties of parliament the world over are law making and performing oversight functions. Parliament has the duties and responsibilities to screen nominees of the executive.
In the performance of these screening duties parliaments all over the world ensure that those who have the privilege to be nominated to serve either in the executive branch of government or judicial arm of government are people of good character and track records of good services.
Parliament ensures that those who are enemies of the people or the state are not allowed to take up leadership position in the nation.
Parliament is one very potent instrument recognised by the constitution to undertake this task. That is why in Nigeria case the 1999 constitution has specifically set out the duties and responsibilities of Nigerian senate and house of Representatives in the constitution.
For instance section 4 of the said constitution provides that:
4. (1) 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.
(2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.
(3) The power of the National Assembly to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this Constitution, be to the exclusion of the Houses of Assembly of States.
(4) In addition and without prejudice to the powers conferred by subsection (2) of this section, the National Assembly shall have power to make laws with respect to the following matters, that is to say:-
(a) any matter in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and
(b) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.
(5) If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall, to the extent of the inconsistency, be void.
Then when we go down to the states of the Federation the same constitution in section 4(6) and (7) of the same constitution provides that:
(6) The legislative powers of a State of the Federation shall be vested in the House of Assembly of the State.
(7) The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part thereof with respect to the following matters, that is to say:-
(a) any matter not included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.
(b) any matter included in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and
(c) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.
When we look at the provisions of section 4(1) to (7) of the constitution it is very clear of the huge responsibilities on Nigerian parliaments both at Federal and States levels. The parliaments have the duties to make law on everything and just anything under the sun that promotes peace order and good government.
The only caveat or limitation placed on the parliaments is as contained in section 4 (8) -(9)of the constitution. It says:
(8) Save as otherwise provided by this Constitution, the exercise of legislative powers by the National Assembly or by a House of Assembly shall be subject to the jurisdiction of courts of law and of judicial tribunals established by law, and accordingly, the National Assembly or a House of Assembly shall not enact any law, that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law.
(9) Notwithstanding the foregoing provisions of this section, the National Assembly or a House of Assembly shall not, in relation to any criminal offence whatsoever, have power to make any law which shall have retrospective effect. The oversight functions and powers of our Parliaments are also in the constitution. If we have good parliaments peopled with law makers of extra-ordinary nationalistic instincts and patriotic zeal across board, I think the huge jokes and mess we have been facing and are still facing in Nigeria could have become things of the past.
For instance some phoney contracts and payments that have huge effects on the overall lives and well being of Nigerians that Nigerian government have been made to pay, ought not to have escaped parliamentary Eagle eyes of our law makers in all States and at the Federal level. Both when one looks deep, those who have been given parliamentary powers to police wrong doers are themselves guilty of the samething. These parliaments are not independent. This lack of independence in most cases is duly to selfish interests.
Parliament ought to be independent of the executive.
But the opposite seems to be the case in our land. Just like the judicial arm of government has been castrated and put in the pocket for bad, our parliaments too have been castrated.
There is no way we can achieve true democracy and rule of law outside of the independence of parliaments and the judiciary. Nigerians all over must come together to see to it that those who go to parliaments are people with foresight and nationalistic instincts who are above boards. Most of our parliamentarians seem not to have the quality of cleanliness and so are afraid to dare the tiger of corruption and corrupt practices.
Oversight functions have become commercial ventures for profitable living. Screening is also not free from money making avenues. Screenings in most cases are prostituted and becomes cash and carry. It is anything goes. Take a bow has become trade mark of our parliamentary screenings.
No serious questions. The only time you see screening is just for political amusement. Clearly if our parliaments had taken the job seriously in line with their constitutional mandate the huge mess we are in Nigeria would have long been averted. But in Nigeria we play politics with everything including governance and security.
This country cannot continue with these huge jokes. Nigeria bleeds everyday and everywhere. We must find ways and means of making Nigeria great and I think our parliaments have a lot to offer in this regards”.
