Professional Documents
Culture Documents
PRESENTED BY
MAY, 2019
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CHAPTER ONE
1.0 INTRODUCTION
powers between the legislature, the executive and the judiciary. The legislative
powers are vested in the National Assembly comprising a Senate and a House
of Representatives, and the executive powers are vested in the president who
ministers of his government and other officers in the public service of the
Federation, while judicial powers are vested in the Courts established for the
in which the king presumes to be God or answers to God only. The struggle
between the monarch and parliament came to an end in 1869 in England when
the Bill of Rights was passed. It established the powers of the legislature to
supreme and binding. It is the grundnorm (fonts et origo) from which all organs
Constitution sets out the powers and functions of the legislature. Some of the
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basic features of the legislature provided by the Constitution are: (i) Bicameral
legislature. That is, the legislative powers vested in the National Assembly are
The Constitution provides for a single legislative house, that is, unicameral
legislature for the States; Legislative Committees. They undertake most of the
public hearings among others; exercise of general legislative power through the
by the president except where he withholds his assent and the bill is again
passed by two third majority of each House when it becomes law and the
bills.
any other bill for the payment, issue or withdrawal from the Consolidated
Revenue Fund or any other public fund of the Federation.The legislature as the
sure that they are obeyed and flawless, hence the oversight function which
The 1999 constitution of Nigeria generally vests the legislature with the
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which will be revealed in the course of this presentation has been placed upon
Legislative oversight of the executive has been a contentious matter since the
earliest days of the United Kingdom (U.K) House of Commons in the late 14th
century. As the Head of States financial needs increase, so was the need to raise
taxation which eventually led to the Parliament in U.K demanding the right to
the administration is premised on the ground that the legislature enact the laws
that can create administrative agencies and these in turn are assigned functions
hardships that have been imposed on the public and if for no other reason, the
whether the executive and its agencies are complying with legislative intent.24
The oversight functions thus overlaps, shades into and involves the discharge
of the legislative functions and even constituency responsibilities that is, its
function does not cease with the passage of a bill. It is only by monitoring the
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The necessity for the performance of oversight functions of the
the exercise of executive powers. Oversight functions not only expose corrupt
practices of the administration but also control the excesses of the executive in
continue to face enormous challenges. More than 60% still wallow in poverty,
growing, about 70 million are illiterate and life expectancy year is decreasing.
been adduced for these scenarios, it is assumed that most of these challenges
In view of the above, the paper investigated the power and roles of the
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The main aim of the study is to carry out an appraisal of the oversight
(c) Examine how the oversight functions of legislature can helps to reduce
political corruption
democratic settings
following reasons:
government in Nigeria.
The findings of this research work will help to appreciate the level of
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It will serves as a tool to solve political corruption when it gets to the
2. Ho: The oversight functions of the legislative arm of government does not
3. Ho: The oversight functions of legislature does not guarantee rule of law in a
democratic settings
democratic setting
work. Some of it is that, the respondents might refuse to grant the researcher all
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the require attention needed to gather enough data for the study due to security
- Time constraint is one of the factors that might hinder the completion of this
research work. The time given for the completion of the project may be very
short, so the researcher will have to make use of the available data.
- Lastly, lack of adequate finance is another issue that may limits how
widespread the data can be collected, as more data would have been necessary
pass, amend, and repeal laws. The law created by a legislature is called
area; the labor, capital, and land resources; and the manufacturing, production,
have contributed to recurring conflicts, which Nigeria has witnessed over the
rational decision making that influence the behaviour of member between the
organizations.
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Poverty: Poverty is the state of one who lacks a certain amount of material
live
ASSEMBLY
The Oyo State House of Assembly has its origin in the old Western
was laid on Tuesday, 1st March, 1955 by sir John Dalzell Rankine, while the
official opening was done by Her Majesty, Queen Elizabeth II on the 15th
February, 1956.
hence the building provided for a bi-cameral Legislature. There was a Chamber
for the House of Chiefs and another for the House of Assembly. Several
historic ceremonies and events have taken place in the buildings: The Building
H.R.H. the Princess Royal addressed a joint meeting of the Legislature on 20th
November, 1957, as the representative of Her Majesty the Queen. The first
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Members including the Premier and Cabinet Members. It is also important to
note that a Motion for the Independence of the Nation, Nigeria, was passed by
the Western Nigeria Parliament as moved by Sir Anthony Enahoro. On 8th July,
1960, Sir Adesoji Aderemi, the Ooni of Ife was installed the Governor of
Western Nigeria, as the first African to be elevated to the highest to the highest
January, 1966 when there was a Military putsch which lasted for about 13
years. On 1st October, 1979, the country was returned to democratic rule,
had 125 Honourable Members at its First Sitting. The Principal Officers of the
The democratic rule was however, not to last as the Military sacked the
mismanagement and political profligacy. Between 1992 and 1993 there were
elected political office holders in the State with a Military Head of States as the
"President". Then the Third Assembly was inaugurated in the State with 32
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Speaker Hon. Akinpelu Onigbinde
Deputy Speaker Hon. Niyi Akintola (resigned the
position)
Hon. Femi Emmanuel
Majority Leader Hon. K.K. Adisa
Minority Leader Hon. C.O. Ogundiya
Chief Whip Hon. M.B. Babalola
Thereafter, the Military took over until 28th May, 1999. On the 29th
May, 1999, the country returned to democratic rule with the three Arms of
June, 1999 the fourth (4th) Assembly was proclaimed with 32 Honourable
The fifth Assembly was proclaimed on the 4th of June 2003 with 32
Honourable Members. The tenure of the 5th Assembly was marked with
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Speaker Hon. Moroof Olawale Atilola, June 2003 - Jan. 2004 (resigned
the position)
Hon. Makhail Alarape-Azeez, Dec. 2003 - July 2005
Hon. Abraham Adeolu Adeleke, Aug. 2005 - May 2007
Deputy Speaker Hon. Makhail Alarape-Azeez, June 2003 - Dec. 2003
Hon. Abraham Adeolu Adeleke, Dec. 2003 - July 2005
Hon. Olayemi Taiwo
Majority Leader Hon. Isiaka Adesina Adeola (resigned the position)
Hon. Kazeem Abiola Ayilara
Hon. Ayorinde Tahoheed Abiola
Minority Leader Hon. Samuel Modepoola Egunjobi
Chief Whip Hon. Asimiyu Olalekan Ganiyu, June 2003 - Dec. 2003
(resigned the position)
Hon. Ebenezer Olubowale Fasola, Dec. 2003 - July, 2005
Hon. Hon. Mufutau Olatunde Ogunremi, July 2005 - May 2007
Chairman Parliamentary
Hon. Oyewale Akinriade
Council
Deputy Majority Leader Hon. Simeon Adegbola Oyeleke
Deputy Chief Whip Hon. Tunde Adegbenjo
The 6th Assembly was inaugurated on the 4th June, 2007 by the
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The 7th Assembly has scored a first with the emergence of the First
Female Speaker in the history of this Legislature: She is the amiable energetic
and resilient leader, Rt. Hon. (Alhaja) Monsurat Jumoke Sunmonu. The House
under her leadership with other functionaries has made remarkable progress in
The 1st Member's Bill in this dispensation on Oyo State Security Trust
Fund has been passed, thereby giving legal muscle to the pro-active and
have been passed or in the process. Some other salient achievements include
the thorough job done on prevention of maternal mortality in Oyo State in the
belief that "mothers do not have to die while giving birth to life". Public
hearing are also being held, thereby involving the user public in the act of
lawmaking, aggregating their inputs into bills to arrive at optimal impact. The
The 7th Assembly is also pursuing the welfare of the people through the
in line with the motto, truly "advancing people's interest". A major focus of the
Assembly is to ensure the greatest happiness for the greatest number of our
people: Members therefore, have been rising to various challenges from their
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Constituencies, acting as true avatars for the hopes and aspiration of their
people.
CHAPTER TWO
2.0 LITERATURE REVIEW
2.1 CONCEPTUAL DISCOURSE
arm of government. This is to ensure that the arm sustains the principles of
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actions and activities. Oversight functions ensure that activities of the executive
arm of government and its agencies are kept under constant surveillance and
scrutiny by the legislature. A leading role for the legislature has always been
John Locke (quoted in Claude (2010) noted that it may be too great a
temptation to human frailty, apt to grasp at power for the same persons who
have the power of making laws to have also in their hands the power to execute
them, whereby they may exempt themselves from obedience to the laws they
make. When the legislative and executive powers are united in the same
apprehension may arise, lest the same monarch or Senate should enact
loyalty has turned the assembly into a mere propaganda weapon, with
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government policy nearly always being approved by unanimous votes. This
members of parliament belong to the governing party. The ruling political party
Onwe, Ibeogu, and Joseph (2015) argued that the legislative oversight,
a critical aspect of the functions of the legislature other than law making, have
These lapses have given rise to query why the legislative oversight, a robust
absolutism in the exercise of political power, has been compromised. The end
alone, the right or power to make laws. In this context, arbitrary government is
replaced by a formal procedure for law making (Onwe, Ibeogu, and Joseph
(2015) .
compromise the very ingredient for checks and balances in governance? Thus
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the criticism as to the relevance of legislative oversight in democracy. (Vibeke
2015)
fulfillment of the needs of the citizenry and the primary functions of meeting
very important instrument for nation building in that it assures that the nation’s
and fiscally sound, that government programmes address the people’s relevant
needs and are executed in a timely and proper manner. Through an effective
and balances, transparency and political legitimacy and better enforce financial
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sustainable democracy. The legislature can create a responsible and
whether it has achieved the goals set for it. That is, the examination of the
ascertain whether due process of the law has been followed. (Claude 2010)
executive behave and conform to the political order exists. The 1999
role38 of law making, watch- dog of public finance, investigative functions and
2010):
i. Law Making
contained in sections 4, 58 and 59 of the 1999 Constitution and section 100 for
state Houses of Assembly can be used steadily to control the administration and
its units, especially as executive policies and programmes must have legislative
inquire into the work of the agencies. The constitutional and legislative
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procedures employed by the National Assembly and the State Houses of
modern society. Public finance and fiscal policies in particular play crucial
nation building. The role of the legislature as the watchdog over public finance
is part of its oversight functions over the executive in the management of the
that gives authorization to the President for all expenditure from the
accounts by the Auditor General and the conduct of investigations into the
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method of showing prudence in the spending of the funds of government or the
manners in which the funds of the nation has been spent. Section 85 of the
Federation for the purpose of auditing the public accounts of the Federation and
all offices and Courts of the Federation. The Audit Report is to be submitted to
the National Assembly. For example, on January 10, 2003, the Audit Report,
2001 was submitted to the National Assembly and the revealing information
president who claimed that the Auditor General (Mr. Azie) was functioning in
covers (a) any matter or thing with respect to which it has power to make laws;
for
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(ii) disbursing or administering moneys appropriated or to be appropriated by
Through such intervention, the Senate discovered that some public officials
had kept public funds in undisclosed bank accounts. The works of Senate were
Communications, Senator Ayogu Eze had after the defense of the 2008
Assembly, disclosed that several ministries, parastatals and agencies had kept
between 200bn and 300bn in such illegal accounts in the past four years49.
According to the Senate, these accounts had been made up of unspent funds
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from the preceding budgets which were then introduced to the financial system
the following year even though they were not captured in the budget.
Subsequent reports also revealed that this criminal practice had prevented
government projects from being implemented as and when they should have
been. It also enabled the perpetrators to keep public funds in interest - yielding
agency concerned. This was the case when the then minister of Aviation, Dr
(Mrs) Kema Chikwe and the then Director General of the Bureau for Public
(NAL) and the establishment of new national Airlines. The secret deals of the
Ministry were exposed and the plans to purchase the assets of NAL under
their accounts and budgets in the past four years. According to the report of the
Nigerian Tribune,52 the essence of the probe of the two agencies was to ensure
proper accountability as they (the agencies) had been receiving foreign grants
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A Committee of the House of Representatives on an inspection visit to
Kwara State in November 2006, ordered the Federal Ministry of Works to carry
2013)
Assembly was the investigation into the Petroleum Trust Development Fund
(PTDF) Saga. The Senate Review Committee Reports on the PTDF concluded
that both President Olusegun Obasanjo and Vice President Atiku Abubakar
were guilty of breaching the laws setting up the fund and misapplying its ample
Conduct Tribunal for breach of trust and abuse of office. Although attempts by
proceedings while in office The foregoing indicates that from 1999 till date, the
and the management of the nations resources. The exercise of this power
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iv. Approval of Executive Appointees
State Governor.
provisions for the removal provided by 1999 Constitution for gross misconduct
legislatures to settle Political scores against the Chief Executive of the State,
has been severally subjected to judicial review by the courts. The Supreme
Court in Adeleke & Ors V. Oyo State House of Assembly, took Nigerian
impeached by the legislature, may have chilled the inclination of the legislature
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What is important however is that the legislature in the proper exercise
of this power can remove from office, a Chief Executive who has been
building, there are various factors that contribute to diminish the legislature’s
include;
staff aides due to the lack of continuity in legislative membership accounts for
the lapses of the legislature in the discharge of its functions63. The vast
respect for each others opinion. These are relatively new concepts. This
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administrative structure of the military government gets more expanded in the
absence of any legislative body to oversight and check the exercise of the
former President Obasanjo who was also former military head of state was
rightly accused of overbearing posture in the style of the military and could
scarcely suffer the intrigues and politicking that goes with democratic
practices.64
iv. Corruption
corruption and the resultant compromise of their independence in the past. For
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The large number of legislators in the House of Representatives or the
stands in order to be noticed or to get the projects for their constituency noticed
Senator Anyim Pius Anyim, the then Senate President has argued that
that can hold it to account; and lack of adequate information, human and
legislators involved in the exercise, and it earns them political relevance in the
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system as they seem to assume quasi-judicial demigods to those public officers
Assembly lobby for juicy committees either in the Senate or in the House of
one juicy committee or the other, and as well be appointed as members to many
with a view to humiliating and intimidating their prey to bow to pressure and
members of parliament have lost their senses of decency and dignity. They are
in the National Assembly to feather their selfish gluttonous nest at the expense
functions are secondary to them and they would prefer not to attend House
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The legislature is truly not independent of the executive and therefore,
often sees them hob-nobbing with the executive such that valuable time for
law-making is lost in the process of lobbying for juicy leadership positions and
number of members of the legislative houses pursue pure selfish interests that
pursue contracts from the leadership of the houses and even from the executive
house and do not participate at all in the proceedings. Again, many of the
inference may be drawn from this scenario where in a public hearing conducted
about Nigeria’s system of government (Ebere 2007). The report revealed that
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“as part of its statutory oversight functions, the House [of Representatives]
Committee on Capital Market and Institutions probed the manifest cause of the
near collapse of the capital market” for two years running. (Maduabum, 2008)
utterances on the accused thus: “you are not fit to regulate the sector”. The
she had “been spending money as if it was going out of fashion since assuming
office one year ago. You stayed in a hotel for eight months and spent over N30
million. In one day you spent N85,000 on food at the hotel. The other day you
spent N850,000 on food. These are the things we should look at to see how you
The Director-General was completely taken aback as she could not put
Chairman to preside over the probe, alleging that the Committee Chairman
conference. He did not attend the conference nor did he return the money. She
accused him of undermining his capacity to carry out his duties as Chairman of
contribute N39 million for the public hearing, and demanded N5 million for
Commission (SEC) queried why the Chairman received information from the
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SEC and passed judgment based on its face value without reference to the
“Honourable” Chairman probably bursted out due to his apparent failure in the
Aguda (2012) noted that while bribery and corruption could seriously
the courts in all the common law countries, including Nigeria. The procedure
requires that any person against whom any allegation is made, or whose
Therefore, the principles of legal procedure demands thus: before any accused
complied with. First, the accused must be given the details of all allegations or
statements made against him; then he must be afforded reasonable time and
must be able to confront and challenge his accuser or accusers at his trial or
during any investigation. These requirements apply in all situations and to all
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proceedings involving any form of trial or investigation no matter who
conducts the trial or carries out the investigation and for whatever purpose
(Claude, 2010).
oversight function, had the Committee Chairman followed the requisite judicial
requirement to give the accused prior notice of the charges she was going to
face at the trial, he would have found out, as the accused subsequent defense
might have indicated, that she had plausible explanations for the allegations the
House Committee Chairman was making against her. However, the most
important point at issue here is not whether the House Committee Chairman’s
allegations against the SEC Director-General were true or whether the truth lies
on the domain of the accused. The fundamental issues are that the Legislative
Committee purportedly obtained information from the SEC without giving the
on the allegations before using it to arrive at judgment nor told the source or
sources of the allegations preferred against her. It was obviously clear from the
media reports that the House Committee Chairman was both the accuser, the
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prosecutor and the judge during the probe (Aguda, 2012). The obvious
oversight and assume sitting contractors does not only worsen the Nigeria
problems but result in conflict of interest between public interest and private
families, prepaying for their oversea trips and other emoluments of the
roles in aiding and abetting crimes in public offices. The legislative oversight
process in Nigeria signals that the legislature has not lived up to the expectation
of Nigerians in terms of making laws that will guarantee good governance for
the benefit of all and sundry. The legislators have not demonstrated enough
for posterity to print their names in the sand of history (Akomolede and
Bosede, 2012).
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instance, “Honourable” Farouk Lawan, Chairman, House of Representatives
executing the statutory legislative oversight function on the N1.3 trillion fuel
have received US$500,000 bribe from Zenon Oil and Gas Chairman, Mr Femi
Otedola to facilitate the removal of Zenon Oil and Gas company’s name from
the list of oil marketers who bought foreign exchange from the Central Bank of
accused denied collecting any bribe from the accuser, later he claimed that he
collected the bribe to use it as exhibit against Mr Femi Otedola. The oil
magnate alleged that the House Ad Hoc Committee Chairman demanded US$3
million but collected $500,000 bribe as first installment for the purpose
the House of Representatives while legislative probe into the matter is still on
Subsidy, Mr Boniface Emenalo who was also implicated in the bribery scandal
had as well been suspended from the House. “Honourable” Emenalo allegedly
collected a bribe sum of US$120,000 from Adetola, making the total bribery
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country. The Speaker of the House of Representatives, Honourable Aminu
Waziri Tambuwal, in a swift and subtle reaction to the unfortunate and quite
sacrifice … we shall not hesitate to sanction anyone who in the course of these
agenda and remain not only sensitive to the yearnings and aspirations of
directed that the police investigation report on the matter be forwarded to the
pervasive fraud that has blighted the management of the fuel subsidy scheme.
The bribery allegation was in its entirety a negation of the legislative oversight
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polity has made most Nigerians to lose faith in the supposedly good intentions
of the government.
corruption in public sector, the expectations are that the legislators would be
inefficiency and corruption before they take place. Unfortunately, this has not
been the case as series of public hearings and probes of agencies have been
held accountable for their actions and inactions. The public is hapless when
legislators compromise the very ingredient that protects democracy and good
governance.
corroborated this view thus: The principle behind legislative oversight of the
with the legislation … the legislative function does not cease with the passage
of the bill. It is, therefore, only by monitoring the implementation process that
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Corrupt legislative oversight has been institutionalized as the
drifting nation. In most cases, the legislature performs ultra vires legislative
Onwe, Ibeogu, and Joseph (2015) argued that the defects in the
Its manifestation raises the question whether the National Assembly [the Senate
kind of investigation into the Securities and Exchange Commission which the
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down? The response is obviously in the negative. Ironically, the legislature
claims and exercises such unbridled powers. For example, in 2007 the Senate
President was alleged to have informed the upper house that “it is our
by the EFCC to ensure that the power exercised by the Agency was not
contrary to the provisions of the EFCC Act. We need to inquire why some
persons whom EFCC had charged to court for corrupt practices were not
disqualified from elective offices while persons [members of the Senate] not
determine whether or not the EFCC has acted outside the law that created it,
definitely not that of the Senate (Aguda, 2012). The legislature has enjoyed
unbridled latitude in its oversight functions and has continually extended its
exercise of this constitutional power into all areas of governance without regard
Speaker of the House, allegedly imposed fines on some foreign airlines accused
Air France, Emirate and eight other foreign airlines were allegedly found
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investigated the matter. Apart from the alleged tax evasion, the airlines were
also accused of arbitrary fixing of fares and colluding with dubious aviation
was said to have arbitrarily ordered the airlines to refund N230 billion to the
Nigerian Civil Aviation Authority (NCAA) and mandated the airlines to make
Service Agreement (BASA) with British Airways. It was insinuated that the
committee was very angry with the foreign airlines and might summon them
for another round of talks in the near future. The House of Representatives here
again usurped the function of the judiciary in its oversight function. The
legislature derives its power under the Constitution “to direct or cause to be
Committee supposed to have passed on the report with its findings and
legislature] to set up a judicial panel of inquiry into the matter. It is outside the
to impose penalties. The legislature would have as well passed jail sentence on
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those indicted or found culpable of the offences, or ordered that the air-crews
be detained in prison custody for further hearing of the case in a future date.
(Akomolede, 2012).
adhered to, and the doctrine of fair hearing is properly adopted in clear terms in
all sorts of legislative investigations, this area will remain for a long time the
from this legal and constitutional procedure in the act of governance would be
in our system has been the outcome of the so-called “oversight functions”
legislature is not given the power to execute what the legislators now brand
“oversight functions” which most often involves the execution of the judiciary
Assembly only the power “to direct or cause to be directed” that such
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The various matters enumerated in subsection (1) of section 88 and that
they “are exercisable only for the purpose of enabling” the legislature (a) to
make laws with respect to certain specified matters; and (b) to expose
of the Federation. The legislature does not seem to be observing the boundaries
the distinct mark of a country’s sovereignty, the index of its status as a state and
identified in the organ that has power to make laws by Legislation, and to issue
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Nwabueze buttresses this argument by pointing out that in our
Constitution, the Legislature is dealt with first before the other organs of
Executive powers and Section 6 with Judicial powers. He however points out
that the constitutional primacy of the Legislature is not contradicted by the fact
that the head of the Legislature is not the first citizen. For the office of
President (or Governor) is distinct from that of Chief Executive. It is not the
Chief Executive who is the first citizen, it is the president or governor as the
case may be; the President, being the Head of State of Nigeria, and by the same
token the Governor being the Head of State of his State. It is the President as
President who is the first citizen of Nigeria, not the Chief Executive.
(Akomolede, 2012)
as Governor that is the first citizen of the State, not because he is the State’s
Chief Executive. In other words, the President is the first citizen, not by virtue
of being the Chief executive but by being the Head of State. The same thing
like the British one in which the office of 1st citizen and Chief Executive are
separated. The Queen is the 1st citizen and the Prime Minister is the Chief
Executive. In Nigeria, the President and the Governors combine both positions
incarnate and embody the State itself that they are protected by immunity from
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arrest, prosecution or civil suits 42 for, any indignity inflicted on them is an
indignity on the state itself. This long detour from my discussion of the status
of the Legislature is meant to establish the fact that the head of the Legislature,
the first arm of government, is made to take his position behind the President or
the Governor as the case may be, because of the position of the former as Head
Executive. The Legislature is, therefore, the number one arm of government in
Ejikeme (2014) claimed that the current low esteem in which the
Legislature, particularly the national legislature, is held, arises, not from lack of
legislative primacy, but from its exhibition of negative values and practices,
government that captures the mind most as epitomizing the concept, is the
legislature. For that is the place where the public sees democracy in action, in
the form of debates, and consideration of motions, resolutions and bills. The
legislature.
During Military regimes, we still see the judiciary and the executive in
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see the legislature, the assemblies of the people’s representatives in action.
(Ejikeme 2014).
According to John Start Mill, it is the duty of the legislature ‘to watch
and control the government (executive); to throw the light of publicity in its
acts, to compel a full exposition and justification of all of them which anyone
executive, which would oblige it to reckon with the possible reaction of the
Eberinwa, 2014)
activism but it cannot still be said to emulate best practices as indicated by the
in place for efficient exercise of legislative oversight that could build the
into account two important issues. First, there must be the establishment of
when overseeing executive activities. This would assist the capacity of the
must seek to address the interplay of the inalienable rights of the governing
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party to be able and be seen to govern, while at the same time, the members of
opposition parties must be able to ventilate, criticize and put across alternative
positions and policies within the modus operandi of the set mechanisms. There
for specific oversight mechanisms which would pass the public’s approbation
test. There are several mechanisms that can be adopted but the underlisted are
Omolayo 2007)
terms of reference and limit are spelt out. Although the committee system
already exists in Nigeria but they must be given the capacity to function
obtain quality and timely information to pursue its objectives and enhance
distinct from the Committee of the whole House and any extra parliamentary
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bodies including party caucuses or inter and intra party formations. Committees
and so on.
The idea that it should be in part through Committees that the House
should play an active part in informed criticism and scrutiny of the aims and
committee system. What is true is that Committees are part and parcel of the
people must fight without fear or favour in their committee meetings for a
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parliament themselves, given the intricacies involved in formulating policies
specialized international organizations such as the World Bank Institute and the
Auditor General should be maintained pursuant to the statues under which they
were created and appointed. In South Africa for example, the relationship was
In Canada, and the United Kingdom, the independence of the Auditor General’s
forensic audits, giving the audit office a range of powers to obtain information
that allows it to properly discharge its duties including the power of attorney. In
Kenya and Tanzania, the audit office is free to report what they see the need for
The relationship between the legislature and the Auditor General should
be balanced so that their roles and independence remain clearly defined and
separate. The role of the Auditor General is to assist the legislature to ensure
that there is proper use of public resources by auditing government and those
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fair and impartial audit reports and information to parliament through the
Public Accounts Committee and the presence of the Auditor General during its
deliberations on the audited accounts of the public and any other bodies which
Auditor General and Parliament enhances public confidence that resources are
used with due regard to the efficient and effective running of the economy. To
sustain this confidence and uphold the highest audit standards possible, there
On the subject of the budgetary cycle and the budgetary process and
between the Executive and the Legislature in providing the public with (a)
control and government performance; (c) coherent laws and regulations that
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govern financial transactions and (d) comprehensive reports on public audit and
public auditors to carry out their respective functions by being provided with
sufficient resources, training and access to expertise that they may require in
reports in New Zealand are open to the media and the recommendations of the
and waste allows stakeholders to demand action and explanations on the part of
need all the allies, that is, the civil society institutions, the media and the
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In the process of enhancing oversight, parliament will over time build
allies within the executive branch that are also set on improving the allocation
and management of public resources. The beginning of the battle will be rough
but the goal is a central element in democracy and nation building, that is, how
to align the nation’s scarce resources with human development (the real needs
Emile Durkheim (1902 – 1979) and Talcott Parson (1960) who later refined
and reform the theory. The theory which was dominant in sociology views the
However, the theory which witness. A significant drop from the discipline of
sociology, partly because of criticisms against it, was adopted in political and
relationship between the parts (structures) on the one hand, and between parts
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and the whole on the other hand. This relationship is explained in line with the
basic functions of each, which are considered positive contributions that help
contributions that led to the breakdown of the system, or non functional when it
bears neither positive, nor negative impacts to the operation of the entire
this study is to analyze effective legislation which should give room for good
(Legislature) must meet up with certain individual and group needs which are
good governance, hence the legislature is seen as the eye of the government
and indispensable in any democratic settings. To that effect, the rules, norms,
attitudes and behavior of individuals are connected with the society and
moreso, the role of the legislature must be explicitly defined and jurisdiction
or not. The theory also further emphasize the roles of the legislature in
understanding good governance, and conditions under which they can perform
and their functions be fulfilled, and it is only when this is fulfilled that good
51
governance and maintenance of the system (society) is said to be achieved.
(Jaja, 2012)
oversight function in Nigerian democratic system, we opine that the power and
“watch-dog” to the other arms of government, but if it fails to legislate well, the
CHAPTER THREE
RESEARCH METHODOLOGY
This chapter will give detail of the research design to be employed, and
examine the procedure for the selection of the subject through sampling
approaches, the instruments of data collection will be extensively discussed and
end with a brief highlight of techniques available for data processing and
analysis.
52
Survey research design of descriptive type will be adopted in this study,
which will enable the researcher to carry out an an appraisal of the oversight
Assembly.
53
The operational assumption of 5% level of significance will be utilized.
The method will be use in chapter four (4), which follows suit to the hypothesis
formulated in chapter one.
Decision rule to be employed is reject the null hypothesis if the
calculated value is greater than the table value and affect the alternative
hypothesis generally.
CHAPTER FOUR
This chapter deals with the presentation and analysis of data collected
during the research work conducted. The effort here is to present the data
54
readers. Hence, each response is presented in percentage in relation to the
general or overall responses received in each particular case. This was done to
raise comparison among the variables involved and the guard the heart of the
Assembly Ibadan, 60 were properly filled but the rest 10 questionnaires were
also received but they were not filled. The statistics reported in this chapter
among the sampled staff of Oyo State House of Assembly, Ibadan. However,
questionnaires distributed. The statistics reported in this chapter were all based
55
From the above table, 38 respondents which represent 63% of the total
population are male, while 22 respondents which represent 37% of the total
It can therefore be deduced that male respondents are more than female
respondents.
From the above table, 22 respondents which represent 37% of the total
represent 43% of the total population were between 31-40yrs, while the
56
From the above table, 24 respondents which represent 40% of the total
population are single, while 36 respondents which represent 60% of the total
single respondents.
From the above table, 20 respondents which represent 33% of the total
represent 25% of the total population are also having professional certificates.
From the above table, 13 respondents which represent 25% of the total
represent 55% of the total population have served the organization between 5-
57
10yrs, while the remaining 12 respondents which represent 20% of the total
population have also serve the organization for more than 10 years.
From the above table, 36 respondents which represent 60% of the total
population hold a junior position in the office of Oyo State House of Assembly,
Ibadan, 20 respondents which represent 33% of the total population hold senior
the questionnaires are staff members who are holding a position of junior staffs.
SECTION B
58
Disagree - -
Strongly Disagree - -
Total 60 100
Source: Compiled by the researcher
From the above table, 37 respondents which represent 62% of the total
respondents which represent 38% of the total population support the opinion.
From the above table, 35 respondents which represent 58% of the total
population strongly agreed that the roles performed by Oyo State House of
respondents which represent 22% of the total population support the opinion,
population disagreed.
59
It can therefore be deduced that the roles performed by Oyo State House
Table 10: Question 9: Oyo State House of Assembly makes democratic system
of government a success with the kind of laws and orders put in place.
Variables Numbers of the responses Received Percentage
Strongly Agree 30 50
Agree 30 50
Undecided - -
Disagree - -
Strongly Disagree - -
Total 60 100
Source: Compiled by the researcher
From the above table, 30 respondents which represent 50% of the total
democratic system of government a success with the kind of laws and orders
put in place, while the remaining 30 respondents which represent 50% of the
democratic system of government a success with the kind of laws and orders
put in place.
Table 11: Question 10: Oyo State House of Assembly protect the rights of the
citizens of Oyo state.
Variables Numbers of the responses Received Percentage
Strongly Agree 20 33
Agree 40 67
Undecided - -
Disagree - -
Strongly Disagree - -
Total 60 100
60
Source: Compiled by the researcher
From the above table, 20 respondents which represent 33% of the total
population strongly agreed that Oyo State House of Assembly protect the rights
Table 12: Question 11: Oyo State House of Assembly hold government,
particularly the executive, to account on any irregularities in the state.
Variables Numbers of the responses Received Percentage
Strongly Agree 20 33
Agree 40 67
Undecided - -
Disagree - -
Strongly Disagree - -
Total 60 100
Source: Compiled by the researcher
From the above table, 20 respondents which represent 33% of the total
state. 40 respondents which represent 67% of the total population support the
opinion.
state.
61
Table 13: Question 12: Oyo State House of Assembly control and administer
state budgets.
Variables Numbers of the responses Received Percentage
Strongly Agree 45 75
Agree 15 25
Undecided - -
Disagree - -
Strongly Disagree - -
Total 60 100
Source: Compiled by the researcher
From the above table, 45 respondents which represent 75% of the total
population strongly agreed that Oyo State House of Assembly control and
Table 14: Question 13: Oyo State House of Assembly help to promote
accountability, transparency and responsiveness on the part of the executive.
Variables Numbers of the responses Received Percentage
Strongly Agree 40 66
Agree 10 17
Undecided 10 17
Disagree - -
Strongly Disagree - -
Total 60 100
Source: Compiled by the researcher
From the above table, 40 respondents which represent 66% of the total
population strongly agreed that Oyo State House of Assembly help to promote
62
respondents which represent 17% of the total population support the opinion,
executive.
Table 15: Question 14: Oyo State House of Assembly carryout check and
balance on his public actions.
Variables Numbers of the responses Received Percentage
Strongly Agree 50 83
Agree 10 17
Undecided - -
Disagree - -
Strongly Disagree - -
Total 60 100
Source: Compiled by the researcher
From the above table, 50 respondents which represent 83% of the total
population strongly agreed that Oyo State House of Assembly carryout check
and balance of his public actions, while the remaining 10 respondents which
Table 16: Question 15: Oyo State House of Assembly help to reduce political
corruption of the state.
Variables Numbers of the responses Received Percentage
Strongly Agree 37 62
Agree 23 38
Undecided - -
63
Disagree - -
Strongly Disagree - -
Total 60 100
Source: Compiled by the researcher
From the above table, 37 respondents which represent 62% of the total
population strongly agreed that Oyo State House of Assembly help to reduce
represent 38% of the total population support the opinion. It can therefore be
deduced that Oyo State House of Assembly help to reduce political corruption
of the state.
Table 17: Question 16: Oyo State House of Assembly makes laws to guide
against embezzlement and mismanagement of funds in Oyo state.
Variables Numbers of the responses Received Percentage
Strongly Agree 60 100
Agree - -
Undecided - -
Disagree - -
Strongly Disagree - -
Total 60 100
Source: Compiled by the researcher
respondents sampled strongly agreed that Oyo State House of Assembly makes
Table 18: Question 17: Oyo State House of Assembly guarantee rule of law in
democratic system of Nigeria.
Variables Numbers of the responses Received Percentage
64
Strongly Agree 20 33
Agree 40 67
Undecided - -
Disagree - -
Strongly Disagree - -
Total 60 100
Source: Compiled by the researcher
From the above table, 20 respondents which represent 33% of the total
population strongly agreed that Oyo State House of Assembly guarantee rule of
Table 19: Question 18: Oyo State House of Assembly formulate policies for
proper management of the state.
Variables Numbers of the responses Received Percentage
Strongly Agree 32 53
Agree 18 30
Undecided - -
Disagree 10 17
Strongly Disagree - -
Total 60 100
Source: Compiled by the researcher
From the above table, it can be seen that 32 respondents which represent
53% of the total population strongly agreed that Oyo State House of Assembly
represent 30% of the total respondents support the opinion, while the remaining
10(17%) disagreed.
65
It can therefore be deduced that Oyo State House of Assembly formulate
Table 20: Question 19: Oyo State House of Assembly carryout investigation on
the executive and judiciary activities in the state.
Variables Numbers of the responses Received Percentage
Strongly Agree - -
Agree 60 100
Undecided - -
Disagree - -
Strongly Disagree - -
Total 60 100
Source: Compiled by the researcher
From the above table, it can be seen that 60 respondents which represent the
total respondents sampled agreed that Oyo State House of Assembly carryout
It can therefore be deduced that all the respondents support the fact that Oyo
Table 21: Question 20: Oyo State House of Assembly perform representative
or constituency responsibilities role.
Variables Numbers of the responses Received Percentage
Strongly Agree 50 63
Agree 10 17
Undecided - -
Disagree - -
Strongly Disagree - -
Total 60 100
Source: Compiled by the researcher
66
From the above table, it can be seen that 50 respondents which represent
that 63% of the total population strongly agreed that Oyo State House of
Table 22: Question 21: The role of the watchdog of public funds, derived from
the legislative powers and duties with regard to public finance.
Variables Numbers of the responses Received Percentage
Strongly Agree 40 67
Agree 20 33
Undecided - -
Disagree - -
Strongly Disagree -
Total 60 100
Source: Compiled by the researcher
From the above table, it can be seen that 40 respondents which represent
67% of the total population strongly agreed that the role of the watchdog of
public funds derived from the legislative powers and duties with regard to
public finance, while the remaining 20 respondents which represent 33% of the
It can therefore be deduced that the role of the watchdog of public funds
derived from the legislative powers and duties with regard to public finance.
67
Ho: there is no significant relationship between Legislature and democratic
setting in
Nigeria.
Hi: there is significant relationship between Legislature and democratic setting
in
Nigeria.
Tool employed:
Formula: x2 = ∑ (0i - ei)
ei
Where x2 = Chi-square
0i = Observed data
ei = Expected data = 0i = 60 = 12
5 5
Recall decision Rule:
Reject null hypothesis (H0) if the calculated value is more than the table value,
Df = (R-1) (C-1)
Df = 4
68
Df = 4 and 5% level of significance
(0.050) x2 = 9.49
Since 98.16 > 3.841 we reject the null hypothesis and concluded that there is
Ho: The role of legislature does not help to reduce political corruption.
Tool employed:
Reject null hypothesis (H0) if the calculated value is more than the table value,
Df = (R-1) (C-1)
69
(5-1) (2-1) = (4) (1) =4
Df = 4
(0.050) x2 = 9.49
Since 98.16 > 9.49 we reject the null hypothesis and concluded that the role of
Ho: The role of legislature does not guarantee rule of law in democratic system
of
Nigeria.
Nigeria.
Tool employed:
Where x2 = Chi-square
0i = Observed data
ei = Expected data = 0i = 60 = 12
5 5
Reject null hypothesis (H0) if the calculated value is more than the table value,
70
Table 11: Construct Chi-square Test
Responses 0i ei 0i – ei (0i – ei)2 (0i – ei)2/ei
Strongly agreed 20 12 8 64 5.33
Agreed 40 12 28 784 65.33
Undecided - 12 -12 144 12
Disagreed - 12 -12 144 12
Strongly Disagreed - 12 -12 144 12
Total 60 60 - - 106.66
Df = (R-1) (C-1)
Df = 4
(0.050) x2 = 9.49
Since 106.66 > 9.49 we reject the null hypothesis and concluded that the role of
The researcher might be face with some limitations like the respondents
might refuse to grant the researcher all the require attention needed to gather
Time constraint: This is one of the factors that might hinder the completion of
this research work. The time given for the completion of the project may be
very short, so the researcher will have to make use of the available data.
71
Lack of adequate finance: This is another issue that may limits how
widespread the data can be collected, as more data would have been necessary
CHAPTER FIVE
72
The empirical results indicate the roles of the legislature in the
With the help of oral interview, some of the respondents claimed that a
some real decision making power over and above the formal consent of
electoral choice. The finding agreed with the findings of the study carried out
societies need the arena for the airing of societal differences provided by
representative assemblies with vital ties to the populace. They need institutions
that are capable of writing good laws in both the political sense of getting
intended purposes.
legislature help to reduce political corruption. During the oral interview, it was
revealed that legislatures play three major roles: they express the will of the
people, they pass laws, and they hold government, particularly the executive, to
account. They also control and administer national budgets. The result is
73
oversight functions, which have serious implications for national development.
also said that, the ultimate objective of the oversight function of the legislature
with Ibeanu and Egwu (2007) who have concluded that democracy can flourish
in Nigeria and in Africa; if the capacity of legislatures- federal, state and local
of the executive, and collaborate with the judiciary to avert the consequences of
“democracy by court order”, as well as empower and work with the civil
ready to set the priorities right as well as resolve its internal crisis
5.2 CONCLUSION
independence among members of the Assembly, This has been evident in the
term extension and support for the assertion of Vice Presidential powers during
74
the formation of a small reform cluster in the Assembly. The good governance”
caucus in the House has drawn around twenty members’ .around key issues and
bills, with larger numbers around particular votes. While this represents a
it has been demonstrated in the paper that the National Assembly is central to
powers and establishment of some legal instruments was able to expose some
corrupt practices between 1999 and 2008. It is not surprising that Nigeria is one
of the countries that have the highest proportion of people rating their
the legislature of the Fourth Republic in Nigeria gives a glimmer of hope for
of the legislature who have been indicted one time or the other; undue
75
the legislature in the resolution of democratic challenges hinges on the
5.3 RECOMMENDATIONS
76
4. Politicians should have a sense of the institutional roles of the legislature
other roles. At the same time, relatively few Nigerians should be allow to
election
economic policy, health, education, and foreign affairs can also be useful
ahead.
77
Conclusion
government that watch and monitor the activities of the executive arm
that the intent of the legislature in legislating laws that will improve
endeavour to conduct its oversight functions within the confine of the law
78
where state looting, ungodly manipulations and low budget
The legislature should live above the board in all its public and private
functions. The interest and unity of the country should override personal
assignments are not and will not serve as sources of exploitation to enrich
the act of governance must always be the watch word of the legislature.
who mortgaged their political power into your hands to represent their
meet again on your way to the village. Which face and eyes will you use
patriotism provide the answer for “service to mankind”. For as long as the
79
undermining the system of government in this country, attainment of
The legislature should have legal power to compel the executive arm of
the reports on such cases have been duly passed on to the executive to
take logical conclusive action. The legislature should have legal power to
ensure that the executive would actually be cause to take such conclusive
80
References
Ewuim N.C, Nnamani, D.O and Eberinwa, O.M. (2014). Legislative Oversight
and Good Governance In Nigeria National Assembly: An Analysis Of Obasanjo
And
Jonathan’s Administration. Review of Public Administration and
Management Vol. 3, No. 6
81
Ezeani, E. O. (2010). Integrity Issues in Legislative Oversight in Nigeria.
Nigerian Journal of Politics and Administration, Vol. 3(1).
Ibeanu Okechukwu and Egwu Samuel, (2007), “The Legislature And The
Challenges Of Democratic Governance In Africa: The Nigerian Case”,
Abuja: Centre For Democracy And Development.
Lara Hamali, (2007), “the role of the oarliament in facilitating the Budget
process,” Nigeria Journal of legislative Affairs (NJLA.), vol. No. 002. Pp.195
Lara M. Garbreil, Stapenhurst Rick and Thomas Mary, (2001), The Role Of
Bilateral
Donors In Fighting Corruption, Maastricht, the Netherlands World Bank
Institute, p.13
82
Onaolapo Soleye, (2005), “Democratic Sustenance in Nigeria and The
Challenges of Retired Generals”, a Commemorative lecture delivered on 5th
February, 2005 at LAUTECH Ogbomosho. PlO.
Philips, O.H. & Jackson, P. (2008). Constitutional and Administrative Law. (6th
ed.).
London: Sweet and Maxwell.
83
THE POLYTECHNIC, IBADAN
DEPARTMENT OF PUBLIC ADMINISTRATION
P.M.B 22, U.I Post Office
Dear Sir/Madam,
Yours Faithfully,
Rosemary
84
SECTION A
DEMOGRAPHIC DATA
MARK (√ ) WHERE APPLICABLE
1. Sex: Male Female
2. Age: 21-30yrs 31-40yrs 41yrs above
3. Marital Status: Single Married
4. Educational Ground: ND HND/BSc Professional
5. Length of Service: 1 – 4yrs 5-10 yrs 11yrs & Above
6. Position Held: Management level Senior Junior
SECTION B
Please respond to each statement by ticking ( ) the appropriate box on the following scale:
SA = Strongly Agree,,A = Agree, U = Undecided, D= Disagree, SD= Strongly, Disagree
SA A U D SD
7 There is significant relationship between oversight functions of the
legislative arm of government and democratic governance in
Nigeria
8 The roles performed by Oyo State House of Assembly could facilitate
the smooth functioning of the democratic systems
9 Oyo State House of Assembly makes democratic system of government
a success with the kind of laws and orders put in place
10 Oyo State House of Assembly protect the rights of the citizens of Oyo
state
11 Oyo State House of Assembly hold government, particularly the
executive, to account on any irregularities in the state.
12 Oyo State House of Assembly control and administer state budgets
13 Oyo State House of Assembly help to promote accountability,
transparency and responsiveness on the part of the executive
14 Oyo State House of Assembly carry out check and balance on his
public actions
15 Oyo State House of Assembly help to reduce political corruption of the
state
16 Oyo State House of Assembly makes laws to guide against
embezzlement and mismanagement of funds in Oyo state.
17 Oyo State House of Assembly guarantee rule of law a in democratic
setting
18 Oyo State House of Assembly formulate policies for proper
management of the state
19 Oyo State House of Assembly carry out Investigation on the executive
and judiciary activities in the state
20 Oyo State House of Assembly perform representative or constituency
responsibilities role
21 The role of the watchdog of public funds, derived from the legislatures
powers and duties with regard to public finance.
85