Background
The legislature is an institution which
represents the common and collective interests of the citizens through the
enactment of laws and the exercise of oversight functions on the activities of
the executive arm of government.
Therefore, the major interest of a legislator
is representation and presentation of the common interest of its citizens.
These interests are domiciled in the various executive functions in the MDA’s.
it will then be wise to say that; economic activities and growth of the nation
are dependent on the relationship between the appropriation and implementation
through oversight activities.
The power of oversight is conferred on the
Nigerian legislature by the Constitution to enable the National Assembly
to expose corruption, inefficiency, or waste in the execution or administration
of laws within its legislative competence and in the disbursement and
administration of funds appropriated by the Acts
Therefore, Legislative
Oversight, one of the cornerstones of democracy, refers to the legislature’s review and evaluation of the selected
activities of the executive arm of government. It is a means for holding the
executive accountable for its actions and for ensuring that policies are
implemented in an effective manner.
All
these powers to legislate is vested in the National Assembly through the
constitution of the Federal Republic of Nigeria
“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.”
The
constitution further vested the power to control public funds to the
Legislatures as contained in the Section 80 (3)
“No
money shall be withdrawn from any public fund of the Federation, other than the
Consolidated of the Federation unless the issue of that money has been authorized
by an Act of the National Assembly”
Oversight functions serve a variety of purposes:
·
It creates investors’ confidence and attracts
more private sector participation.
·
to keep the executive establishment
responsible and accountable,
·
to promote rationality and efficiency in the
formulation and administration of public policy,
·
to reap party advantage and to advance the
causes of individual legislators’ interest groups and other stakeholders in the
polity.
·
It involves the responsibility of legislative
committees to review, study and evaluate on a continual basis
Through an effective
exercise of oversight functions, the legislature can exercise adequate checks
and balances, transparency and political legitimacy and better enforce
financial regulations and policies and ensure wide participation, ownership and
sustainable democracy. The legislature can create a responsible and accountable
environment that facilitates the achievement of development goals
Power
to Conduct Investigations
Section 88 of the
constitution vests the National Assembly with the power to conduct
investigations into any matter or thing with respect to which it has powers to
make laws. It also has the power to conduct investigations into the conduct or
affairs of any person, authority, ministry, or government department charged,
or intended to be charged with the duty or responsibility of executing or
administering laws enacted by it and the disbursement or administration of
funds appropriated or to be appropriated by the legislature.
These powers are meant to
expose corruption, inefficiency or waste in the execution or administration of
laws within its legislative competence and in the disbursement or
administration of funds appropriated by the legislature.
Emerging
issues and Barriers to Oversight Functions
Inspite of the important role that oversight
functions play in nation building, there are various factors that contribute to
diminish the legislature’s capacity to engage in steady and resourceful
oversight of the executive. They include;
i.
Conflict of Interest (COI)-this is a serious
issue that pose a barrier to a legislative functions and oversights leading to
corrupt decision making by members due to vested interest.
ii.
Lack of Democratic Culture The presence of
amateur legislators in great number and the shortage of staff aides due to the
lack of continuity in legislative membership accounts for the lapses of the
legislature in the discharge of its functions. The vast majority of new
democracies lack a democratic culture, dialogue, tolerance and respect for each
other’s opinion. These are relatively new concepts. This constitutes a serious
handicap for the development of parliamentary democracy which is founded on the
virtues of robust debate and compromise on major issues of national interest.
iii.
Personal Ambition, Interest, and Agenda of
Legislators. The leadership of the National Assembly or State Houses of
Assembly often demonstrate propensity for confrontation with the executive
without reflecting on the negative impact on the national or public interest.
iv.
Adverse Legislative Environment The large
number of legislators tend to induce the members into compromising stands in
order to be noticed or to get the projects for their constituency noticed by
the executives.
v.
vi. Undermining Legislative Oversight
Functions by the Executive.
vi.
Other
barriers to effective exercise of oversight functions especially in Nigeria can
be summarized as follows; the politically charged environment of conflicting
interests, antagonism between the majority and opposition parties often
resulting in a stalemate; antagonism between the legislature and the government
with the latter often reluctant.
*Senator
Enyinnaya Abaribe, @Interactive session organised by the Senate Committee on Communication in Lagos.
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