LEGISLATIVE EFFECTIVENESS AND OVERSIGHT FUNCTIONS IN NIGERIA (A CASE STUDY OF ENUGU STATE HOUSE OF ASSEMBLY)
CHAPTER ONE
INTRODUCTION
1.1. BACKGROUND OF THE STUDY
Since Nigeria returned to democratic system of government in 1999 years of military dictatorship, the operations of the legislature have been in the spot light for several reasons. Expectedly, the question of the cost of maintaining the two chambers of the National Assembly where there are 109 Senators and 360 House of Representatives members has oen
overshadowed other critical issues such as the assessment of the effectiveness of the legislators towards the development of the country. The principle of separation of power is the major ingredient of democracy which guarantees that the executive arm of government does not control the affairs of the legislature nor the judiciary. The doctrine of the separation of powers implies that there should be three separate organs of government with their separate sets of functions and powers. The presidential system of government being practiced in Nigeria makes provision for separation of powers, apportioning disparate powers and duties to the executive, legislative and judicial arms of government.
Essentially, the legislature as a symbol of true democracy, makes laws which the executive is under obligation to implement. The judiciary is legally called upon in the determination of civil rights and obligations to interpret the laws. This system of government understands from the onset that powers may be abused and therefore introduced a system that guarantees checks and balances amongst the three arms of government. Therefore, through the power of interpretation, the courts can declare laws made by the legislature unconstitutional, null and void and of no effect whatsoever. On the other hand, the
legislature has the power of oversight over the execution and administration of laws by the executive. The executive holds the powers of investigation, coercion and implementation of laws and can as well use these powers to call the legislature and judiciary to order (Onyekpere, 2012). In other words, it implies that the three organs of government should be kept apart from each other in the interest of individual liberty and it is a perfect system created for the overall benefit of the citizens. The functions of the government should be differentiated and performed by dierent organs consisting of dierent bodies of persons so that each department be limited to its respective sphere of activity and not be able to encroach upon the independence and jurisdiction of another (Johari, 1989:280). The principal function of the executive is to execute laws, orders, rules, regulations, decrees, prevention of the breaches of law, rendering a host of social welfare services and meting punishment to the delinquents so as to maintain peace and good government. On the other hand, in spite of its primary function of legislating laws, amending or repealing existing laws, the legislature serves a number of overlapping objectives and purposes
to improve the efficiency, economy, and effectiveness of governmental operations; evaluate programmes and performance; detect and prevent poor administration, waste, abuse, arbitrary and capricious behaviour, or illegal and unconstitutional conduct; protect civil liberties and constitutional rights; inform the general public and ensure that executive policies reflect the public interest; gather information to develop new legislative proposals or to amend existing statutes; ensure administrative compliance with legislative intent; and prevent executive encroachment on legislative authority and prerogatives encapsulates in oversight functions. It also executes the functions of oversight over the actions or
inactions and other activities of the executive and its agencies.
