the National Assembly has regularly used the threat of impeachment.
For example, the president’s refusal to release budgeted funds in 2002
sufficiently angered the National Assembly so that it almost succeeded
in impeaching him, and a similar budget row in 2005 saw a minor effort
towards impeachment that came to nothing. Both efforts at flexing
legislative power resulted in the presidency conceding important points.
There was a consensus among state and nonstate stakeholders that the
defeat of the president’s third-term gambit in 2006 was a watershed event
for the independence of the federal legislature and, indeed, the entire
democratic effort in Nigeria. The victory in the controversial ‘third-term’
dispute was the result of strong pressure from both the constituents of the
legislators and organised civil society. The event was a great institutional
victory that has helped to restore some balance between the presidency
and the National Assembly.
271.
State-level legislatures have also shown a certain degree of independence,
although they have been far less assertive overall than the National
Assembly. The CRM was informed that, owing to corruption and poor
funding, state legislators mostly operate under the influence of the
governors and have not exercised the powers that they have. However, the
CRM learned that three state assemblies had impeached their governors
on corruption charges, although these events were orchestrated by local
‘godfathers’ in alliance with the presidency. In other instances, the federal
government has used executive dominance to interfere unconstitutionally
in a number of states. The examples given included the unnecessary
declaration of a state of emergency in the Plateau and Ekiti States, and
civilian ‘coups’ against state governors in the Anambra and Oyo States.
272.
The legislature has only functioned continuously since 1999 when civilian
rule was restored. However, the legislature has adequately exercised
its constitutional control of the purse strings and law-making function,
although things have not always gone smoothly. For example, when the
Senate proposed a substantial upward adjustment to the budget that
was presented by the executive for the 2008 financial year, the president
declined to sign the bill and referred the budget back to the Senate for
readjustment to an acceptable level. Such negotiation demonstrates
checks and balances in practice and is good for democracy.
273.
Contrary to the perception that was stated in the CSAR, the Senate
reported that most bills are presented by the executive rather than by
private members. Furthermore, the national legislature places emphasis
on legislation that affects the poor in Nigeria. Examples of legislation for
uplifting the less privileged in the Oyo and Anambra States were given.
The judiciary
274.
104
The role of the judiciary is central to democratic governance, and an
independent and impartial judiciary is the lynchpin to democracy and good
governance. By and large, the stakeholders voiced the view that the federal
judiciary is fairly independent in executing its constitutional mandate. In
the recent past, the judiciary has passed judgments in election petitions
against incumbent executive and legislative authorities, including the
president and state governors and the president of the Senate. As noted in
the CSAR, the judiciary has also passed landmark judgments that interpret
the constitution and which have delineated the powers of the National
Assembly and the executive. While there have been some incidences of