…says relationship Imbalance among three arms of govt threat to democratic stability
Professor Ali Ahmad, the 8th speaker of the Kwara State House of Assembly wrote in his latest book that the abysmal legislative-executive conflicts and inter-branch scuffles amongst the three arms of government across the states of the country since the inception of democratic rule in Nigeria must be addressed by democrats, constitutional lawyers, and other well-meaning citizens.
He asserted that the joint effort of the stakeholders in addressing constitutional matters will further renew and strengthen the powers of the executive and the legislative arms of government, thereby rising above the unnecessary tussles.
The former lawmaker, in his latest book published on January 23, 2023, by a US-based firm, Eliva Press, titled, “Relationship of the National Assembly with the Executive and Judicial Branches: Nigeria’s Experience Under the 1999 Constitution,” narrated several experiences as a participant of the legislative business during his tenure as a Federal House of Representative member and chairman House committee on Justice.
He examined the concept of modern separation of powers and the seeming usurpation of the legislative powers by the Executive and Judicial arm of government under the Constitution of the Federal Republic of Nigeria 1999.
He cited that the relationship feuds are fuelled by non-appreciation of the roles of different branches of government, leading to “uncertainty of rules of engagement and their imprecise restatement.” explaining that the phenomenon has adversely affected the development of democracy and good governance in Nigeria.
The ex-Kwara speaker added that discourse on constitutional provisions on powers of each branch of government, and how a branch become dominant, subduing the other two should take the front burner in the polity by democrats, constitutional lawyers and other well-meaning citizens of Nigeria.
Prof Ali Ahmad, a former House of Representatives member is a professor of constitutional law and lecturer of legislative studies at the University of Abuja. He has been involved in academic activities as well as politics.
Emmanuel Onuche Esq, a faculty of law PhD candidate at the University of Abuja in his review described the book as compelling and a study guide for lawyers, law teachers, law-makers, students, judicial officers and the society.
He further said that the subject of relationship between the arms of government under the 1999 Constitution could not have come at a better time than now when the country is nurturing a democratic culture after the dark days of military dictatorship.
Emmanuel affirmed that “the book assesses the hybrid model of the doctrine of separation of powers, bringing same within the discussion of the doctrine in the Nigerian context. Chapter two, examines the nature and scope of legislative powers of the National Assembly. Under this chapter, the author beamed a search light on the sources and classification of legislative powers, legislative privileges, legislative practice and procedure and the challenges of the legislature in Nigeria.”
“The author analysed the law-making process and veto of Bills. The author further discussed emerging practice of oversight of the Executive and powers of the Executive vis-à-vis the National Assembly.
“Chapter Four of the book discusses the relationship of the National Assembly and the usurpation of the National Assembly powers by the Executive. Chapter five focuses on judicial relationship with the National Assembly and the Executive Branch. Chapter six, the focused on crucial aspect of the survival of democracy in Nigeria.
“The book discussed salient headings such as the illegitimate neutralization by the Executive using force and the illegitimate neutralization of other arms by the Executive employing the Court route. Chapter Seven preferred far reaching solutions on the management and effective functioning of the arms of government for efficient governance process.”
It could be recalled the Ex-Kwara speaker, Ali Ahmad wrote an open letter to the 9th Senate President, Ahmed Lawan to override President Muhammadu Buhari’s decision on some constitutional amendment bills.
In his open letter, the ex-speaker explained thPresidentent Buhari deliberately rejected some bills which he believed would strengthen the National Assembly as an institution, while noting that the legislative arm must stand against the president in the interest of the institution.
He noted that the variance between constitutional provisions on powers of each branch, and how one branch has managed to become dominant, subduing the other two. This phenomenon has adversely affected the development of democracy and good governance in Nigeria.
Giving the background of his open letter, Ali explained that in March 2023, President Buhari assented to 16 constitutional amendment bills passed by the National Assembly and 24 State Houses of Assembly, however, he declined to sign 19 others into law.
He was quoted as saying, “Section 58(5) of the 1999 constitution gives the National Assembly the power to override the president on a rejected bill.”
“A bill rejected by the president, if passed again with a two-third majority in each chamber, becomes law without the assent of the president.
“Where the President withholds his assent and the bill is again passed by each House by a two-thirds majority, the bill shall become law and the assent of the President shall not be required,” the section reads.
The professor of constitutional law argued that some of the bills the president declined assent to have to do with strengthening the National Assembly, which include the power to summon the president; Inclusion of former heads of the National Assembly in the Council of State; and reduction of the period within which the president or the governor of a state may authorise the withdrawal of monies from the Consolidated Revenue Fund in the absence of an Appropriations Act from six months to three months.
He stressed that Buhari has yet to give reasons for declining assent to any of the bills, as his tenure ends on 29 May.
Prof Ali argued that there are enough precedents on overriding the president on bills, while citing the example of the Order of Precedence Act in 2000 and the NDDC Act in 2001.
He said the Ninth Assembly has the moral burden to override the president on the bills, particularly those bills on the legislative arm.
“The National Assembly and all the 36 State Assemblies had spent 3 years and expended billions of Naira considering a total of 68 Bills. National consensus was reached on 35 of them and they were transmitted to him. President Buhari only assented to 16, 5 of which are mainly clerical amendments of names of certain Local Governments,” the letter reads in part.
“I am writing you this long letter to bring back to your attention the issue of veto of vital constitutional amendment bills that were recently vetoed by President Muhammadu Buhari.
“More than anyone else in the National Assembly today, Your Excellency is aware that overriding a presidential veto is a normal course of performing legislative business and does.
“If you permit, let me remind you that the late Senator Joseph Wayas was the first to champion the cause of negating a presidential veto when President Shehu Shagari, of blessed memory, refused to assent to the National Assembly Commission Establishment Act in 1980.”
The former federal lawmaker further wrote in his open letter to Ninth Senate President, Ahmad Lawan that Senator Pius Anyim led Senate successfully veto the president Olusegun Obasanjo’s veto of the Order of Precedence Act in 2000, saying Obasanjo was never wanted to accord due recognition to principal officers of the National Assembly.
“Your predecessor, Senator Pius Anyim, was the Senate President when he led the National Assembly to veto President Olusegun Obasanjo’s veto of the Order of Precedence Act in 2000. President Obasanjo never wanted to accord due recognition to principal officers of the National Assembly. The following year, 2001, President Obasanjo also vowed that the NDDC Act would never become law in Nigeria as passed by the National Assembly. He vetoed it. Again, Senator Anyim deftly overrode the veto.
“Interview with Former Senate President, Anyim Pius Anyim
Come 2015 when our own Senator David Mark was the Senate President. The National Assembly was set to override the veto of President Goodluck Jonathan over a constitutional amendment bill seeking to dispense with presidential assent regarding such bills. The former President then rushed to the court. In what is considered a monumental misjudgment, the Supreme Court poured cold water on the Bill by granting a longer adjourned date than the lifespan of the 7th Assembly.”
However, the former speaker stressed that President Muhammadu Buhari declined assent to a record 19 Constitution Alteration Bills and this has given a setback to strengthening democracy.
He said: “On March 17th, President Muhamhadu Buhari surprisingly declined assent to a record 19 Constitution Alteration Bills. Before now, the President has established the unenviable record of being the President with the highest number of vetoed bills since Independence. The National Assembly and all the 36 State Assemblies had spent 3 years and expended billions of Naira considering a total of 68 Bills. National consensus was reached on 35 of them and they were transmitted to him. President Buhari only assented to 16, 5 of which are mainly clerical amendments of names of certain Local Governments.
“President Buhari did not advance any reason why he vetoed the 19 Bills, most of which deal with substantive issues of transparency and good governance. Constitutionally, he is not obliged to. But to an already battered people who stoically absorb unimaginable shocks and disappointments from its elected officials, this is just one additional smash as they wait for the next one. Nigerians are reconciled with Shakespeare’s conclusion that when avoidable sorrows and misfortunes are visited on a nation, “they come not single spies. But in battalions!”
“The misfortune of vetoing vital constitutional alteration bills has occurred before but should it continue, especially with a legislator of your stature as the Senate President? Few lawmakers have served this country for upward of three decades like your good self.
“Perhaps, this veto, like the previous ones by other Presidents, is subtly targeted at shielding the opaque manner of governance by the executive branch. But more particularly, the veto blocks far-reaching developments to the institution that you have served for a better part of your official life,” the letter reads in part.
Explaining the bulk of work ahead of the 10th Senate, the former federal lawmaker said “The incoming 10th National Assembly should not be written off but it appears as the most polarised Assembly with an unprecedented 8 political parties in the hallowed chambers operating over a divided nation. To expect smooth legislative business from that Assembly may be farfetched. I cannot over-emphasise the unique position of the 9th Assembly in the number of experienced lawmakers, their cooperative attitude and their purposeful outlook. But what about the legislative will?”
He however, commended President Buhari on some bills which he believed will go a long way in achieving this, “President Buhari is still commended for assenting to some of the Bills but the focus of this letter is to call your attention to those he did not. I do not believe in conspiracy theory but there seems to be an unwritten understanding among successive members of the executive branch to ensure the profile of the legislative branch in Nigeria does not blossom and mature. The National Assembly must continue to grapple with low public esteem and condemnation. To keep the legislature down accords with the self-interest of the executive, which decries independent attempts at enhancing transparency.”