CHAPTER ONE
1.1 BACKGROUND TO THE STUDY
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. 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 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 whenever 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 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 rule carried out the arm-twisting tactics into the democratic space during the early stage of the Fourth Republic from 1999-2007. However, the legislature as the elected body to articulate the people’s opinions, hopes and aspirations had become progressively exposed to and stronger in law-making and oversight capacities. The advent of President Yar’Adua’s administration in 2007,attenuated the over-bearing attitude of the Executive. Hence there is need for creating enabling environments to ensure that legislatures can adequately perform their mandated functions and responsibilities.
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.
Democracy is not inimical to any-well organized chosen form of government, but legislative ineptitude, anchored on administrative quagmire and unprecedented quest for personal aggrandizement, are profound enemies of liberty, equality, and fraternity, which are symbols of democracy. Democracy in Nigeria was first shabbily operated in the first republic (1960-1966), under a parliamentary institution that was characterized by legislative features (Godwin, 2003:45). The collapse of civil democratic rule after independence in January 1966 was followed by 13 years of military rule. Civil rule resumed for four years (1979-1983) after hand-over in 1979, only to prove another brief civil interregnum, to be followed by 16 straight years of harsh military rule. According to (Okongwu, 2006:87), that period, the second bout of military rule (1983-1999) was home to the most traumatic period of our country, since the tragic civil war. It witnessed three military coups (1983, 1985, 1993), three attempted coups (1985, 1990, 1997), an annulled presidential election (1993) and the death in office of a sitting military head of state (1998). After all these tumultuous events, the Nigerian military had sapped itself and burnt its goodwill over a costly political escapade.
Accordingly, there was again another civil rule that came up, following political elections conducted in 1999 by Gen. AbdulsalamiAbubakar’s Government, in which OlusegunObasanj was elected the president. The Obasanjo’s government operated with the full swing of a two chamber legislature that superintended over fundamental issues of national importance. The legislature being the institutional pillar of democracy is well recognized in any democratic setting. This is as a result of the critical role it plays within the framework of separation of powers. While it’s primary responsibility is of law-making, the executive implements and the judiciary plays the role of the adjudicator in disputes between the other branches of government, so critical is the role of the legislature, that emphasis can be made without fear of contradiction that the history, growth and consolidation of democracy anywhere is intricately tied with the role of the parliament and how legislative assemblies attempt to give meaning to peoples’ political power (Bankole, 2009:12).
Also, the Legislature has an important responsibility in the creation of people-oriented public policy, and in the monitoring of the implementation of such by the Executive, because it is only when it works in unison, devoid of rancour, that it can actualize the greatest possible good for the greatest number of people, within the shortest period of time. The immediate responsibility of the Legislature, if it is to play its expected role in consolidation of democracy, is to strengthen and build its own internal capacity in several domains. These include building its capacity especially the key legislative committees to effectively engage in policy analysis, budget analysis and monitoring, and in the oversight functions of the Executive, etc.
Further, legislators (individually and collectively), are constitutionally charged with the responsibility of appraising themselves in the area of law-making, representation and oversight functions, aimed at ensuring a virile democracy on ground. More essentially, the Legislature plays the role of deepening democracy by ensuring that citizens and the civil society are brought into the mainstream of public policy and are given the fair hands to execute such policies (as and when due). Consolidation of democracy requires the strengthening of democratic infrastructure: Subordination of the polity to the rule of law; Strengthening of party politics and political education; Supporting electoral institutions; Encouraging debate and dialogue in the resolution of disputes; Provision of some social services and Liberalized economy.
However, in Nigeria, as democratic forms of politics were re-introduced on the back of the collapse of military and single party rule in 1999, greater political premium was placed on the national assembly placing tremendous consent on its role, in the building and consolidation of democracy in the country’s politics and governance. Implicit in this was the position, broadly, shared by Olufemi, (2010:45), that the legislature is the embodiment of the sovereignty of the people in any democratic setting, such as Nigeria. In this respect, it constitutionally makes laws for the welfare of the generality of the populace and also serves both as a democratically empowered agency of restraint on the executive arm of government and a forum for the mobilisation of popular participation in the broad governmental process. The fundamental issue is that: Has the Nigerian Legislature put in its best to consolidate democracy in the country? This consolidation if not channeled towards improving the socioeconomic and political well-being of the citizenry, can lead to mangrove anarchy.
1.2 STATEMENT OF PROBLEM
Legislature has an important responsibility in the creation of people-oriented public policy, and in the monitoring of the implementation of such by the Executive, because it is only when it works in unison, devoid of rancour, that it can actualize the greatest possible good for the greatest number of people, within the shortest period of time. The immediate responsibility of the
Legislature, if it is to play its expected role in consolidation of democracy, is to strengthen and build its own internal capacity in several domains. These include building its capacity especially the key legislative committees to effectively engage in policy analysis, budget analysis and monitoring, and in the oversight functions of the Executive, etc.
Nevertheless, there are number of constraints and challenges that need to be addressed in order to sustain the gains that the country has chalked up in the democratic consolidation process. Hence the focus of this study is to investigate legislature and the consolidation of democratic gains using Nigeria and Ghana as a comparative study.
1.3 PURPOSE OF THE STUDY
The purpose of this study is to examine the role of the legislature as an arm of government and how it contributes to deepening democracy in Nigeria.
The specific purposes includes;
1. Examine the legislature as an arm of government
2. Explore steps to deepen democracy in Nigeria.
3. Determine how the legislatures can deep democracy.
1.4 SIGNIFICANCE OF THE STUDY
At the completion of the study under consideration it is hoped that the findings of this research will provide an insight into legislature and the consolidation of democratic gains. It is also expected and hoped that the study will be of great help to the:
i. Legislative Arm of Government: This will be of benefit to the legislative arm because it will help them provide solution (if not total solution) on the consolidation of the Rule of majority and how they can gain from them (Legislature)
ii. The citizens: Since this research is centered on the democratic gains and democracy has to do with the rule of majority, they will also benefit from the research made.
1.5 RESEARCH QUESTIONS
1. How does the legislative arm of government deepen democracy?
2. How can the rule of the majority be consolidated?
3. How can the legislature consolidate democratic gains in Nigeria?
4. Why is the legislature the most important arm of any democratic experience?
1.6 SCOPE OF THE STUDY
The study is targeted on the legislatures of Ghana and Nigeria. The uniqueness of the law making arm which constitute of both unicameral and bicameral
1.7 DEFINITION OF TERMS
Legislature: An officially elected or otherwise selected body of people vested with the responsibility and power to make laws for a political unit, such as a state or a nation.
Consolidation: It is the process of uniting: the quality or state of being united, specifically: the unification of two (2) or more corporations by dissolution of existing ones and creation of a single new corporation.
Democratic: It is a system of government in which the citizens exercise power directly or elect representatives from among themselves to form a governing body as a parliament. It can also be referred to as “Rule of Majority”.