judgments concerning the powers of the National Assembly to extend
the tenure of local government chairpersons, the registration of political
parties, state control over natural resources, and the management of the
Federal Account, among others. In the ongoing determination of election
disputes, the courts have also demonstrated independence through their
ability to rule against candidates of the ruling party as well as candidates
from the opposition parties. A number of gubernatorial elections have also
been nullified and fresh elections ordered.
The legislature
267.
Although the provisions of the 1999 constitution give the legislature
sufficient powers to enable it to check executive excesses, its independence
is compromised by historical and administrative factors. While the
executive branch had always survived under the military governments,
the constitutional provisions applicable to the legislature were always
suspended. More or less for the same reason, the legislature has never
truly enjoyed financial autonomy. The legislature is dependent on the
executive for budgetary allocations; hence it is always compromised by
the executive.
268.
The National Assembly has been able to resist the executive on a number
of significant issues and has overridden four out of 10 presidential vetoes
on bills it has passed. In the bid to effect a change in the law to allow a
third term for the erstwhile president, the National Assembly also rejected
the executive pressure. Hence a significant number of Nigerians perceive
the legislature as being fairly effective in exercising oversight over the
executive and thus it is gaining in public confidence.
ii.
Findings of the CRM
Relations between the executive and the legislature
269.
The CRM learnt that separation of powers is not adequately achieved in
Nigeria since the judiciary and legislature at national and state levels are
heavily dependent on, or subordinated to, the executive. In a system of
separation of powers, the central power that legislatures need in order
to exercise their oversight roles is the control of the budget. However,
according to stakeholders, Nigerian legislatures do not have this power.
In addition, legislative control over key accountability institutions, like the
auditor general and the Independent Corrupt Practices and Other Related
Offences Commission (ICPC), is very weak in Nigeria. The presidency
has yet to respect a budget passed by the National Assembly since the
inception of civilian administration, while the state assemblies typically
do not know the significant line items in the budgets they pass, and local
government councils are absolutely dependent on the local government
chairpersons.
270.
The CRM was informed by stakeholders that the National Assembly
has made important strides towards exercising some leverage over the
executive. In the absence of financial leverage to bargain with the executive,
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