President of the Senate, Ahmad Lawan has said while the Executive and the Legislature are at the moment on the same page, there would a time when the two arms of government would disagree.
“We have a good relationship with the Executive. This is necessary because the
people who elected National Assembly members were the same people that elected
Mr President….it does not mean we will not disagree with the executive,
certainly there will be a time when they will see something as grey and we will
see it as red…..but when that happens we don’t need to fight in the market
square, rather we will sit down and resolve the issue in national interest”.
This statement comes amidst insinuations that the 9th National Assembly is there to execute the ‘whims and caprices’ of the executive, neglecting its oversight function to the executive.
The oversight role of the legislature
The legislature is constitutionally mandated as the institution through which governments are held accountable to the electorate. By virtue of section 88, 89, 128 and 129 of the 1999 constitution as amended, the legislature is very crucial in enforcing accountability and responsibility in any democratic setting.
The oversight function is perhaps more important for a legislative assembly made up of the Senate and House of Assembly than that of law-making. The legislature provides the institutional mechanism for ensuring accountability and good governance. Such oversight functions include scrutinizing and authorizing revenues and expenditures of the government and ensuring that the national budget is properly implemented.
The legislature also has the unique power to impeach judges and other high officials of the executive including the Federal Auditor-General and the members of the electoral and revenue commissions.
This power is, however subject to prior request by the President. The Senate also confirms the President’s nomination of senior diplomats, members of the federal cabinet, federal judicial appointments and independent federal commissions.
Similarly, before any bill may become law, it must be agreed to by both the House and the Senate, and receive the President’s assent. Should the President delay or refuse assent (veto) the bill, the Assembly may pass the law by two-thirds of both chambers and overrule the veto and the President’s consent will not be required.
Rubber stamp legislature?
This is not the first time the legislature promising a seamless working relationship with the executive. President of the Senate, Ahmed Lawan had last month stated that:
“I want to assure you that any request that comes from Mr President is a request that will make Nigeria a better place in terms of appointments or legislation and the senate will act expeditiously to ensure that we play our part in the confirmation or passing of legislation appropriately.”
The APC led national assembly also noted that the ninth National Assembly was different in “attitude, composition, and patriotism’’ and will ensure good “collaboration, partnership and synergy’’ on national issues.
This has not always been the case, as President Buhari did not have a smooth ride with the eight senate during his first term. The Senate under Bukola Saraki had routinely clashed with the executive leading to the mass defection of Senators to the main opposition Peoples Democratic Party.
President Buhari recently forwarded a request that was rejected by the eight Senate to the ninth Senate for the approval of federal government’s 2016 to 2018 external borrowing plan. Though he didn’t state the amount to be borrowed in the recent letter, the president had requested for approximately $30 billion in 2016.
The eight senate had justified the rejection of the loan request to prevent Nigeria’s external debt ‘catapulting’ to over $52 Billion which it said was not sustainable. Debt Management Office puts Nigeria’s debt at N24.947 trillion ($ 81.274 billion) at the end of March 2019. This new loan request is however expected to be passed by the Senate which is now dominated by the president’s loyalists.
Critics have however described the 9th senate under the leadership of Ahmed Lawan as a ‘rubber stamp.” They insist that the legislature is meant to act as a check and balance to the executive and not a ‘rubber stamp’.
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What seemingly triggered the rubber stamp insinuation was the seamless manner the senate confirmed the ministerial and other nominees of the president. Some had expected the Senate to reject certain nominees and subject others to ‘hostile’ screening sessions to ensure that only the ‘unblemished’ were confirmed.
Also, others feel the insistence by the president of the senate that the 2020 budget must be passed before Christmas break, hence rushing the process. The same reservations were extended to the noiseless confirmation of the Chief Justice of Nigeria, Tanko Mohammed after the unconstitutional removal of his predecessor, Justice Walter Onnoghen.
