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

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