Authored By: Anire Faith Arodovweroghene
Obafemi Awolowo University
ABSTRACT
As one of the three arms of government and the lawmaking arm of government ,the mostly well known ,common and main function of the parliament is lawmaking ,for the peace ,order and good government of the country or state / any part thereof with respect to any matter within it’s legislative competence as stipulated in the legislative list of the constitution .
This article examines the roles ,structure and effectiveness of the legislature in Nigeria within the framework of democratic governance .As the arm of government constitutionally empowered to make laws for the state ,the legislature plays a vital role in shaping Nigeria’s National policy and ensuring accountability .By highlighting the functions of the legislature this article highlights the progress of the legislature made whilst noting it’s importance to the constitutional framework of the country.
1.INTRODUCTION
The legislature is the arm of government primarily vested with the power to make laws . Nigeria’s legislature is Bicameral in Nature which comprises of the Senate and House of Representatives which makes up the National Assembly. The House of Representatives comprises of 109 senators ,1 senator from the F.C.T the Senate is constituted by 360 members. Section 4(2) vests the law making power in the hands of the National Assembly .
2.THE STRUCTURE OF THE NIGERIAN LEGISLATURE
The Nigerian legislature is firmly rooted in the provisions of the constitution of the federal republic of Nigeria 1999 as amended .The constitution establishes the framework of the legislature at both the Federal and state levels. It adopts a bicameral legislature at the federal level while at the state level it adopts a unicameral legislature.
FEDERAL LEGISLATURE : NATIONAL ASSEMBLY
The federal legislature comprises of 2 chambers .The Senate ( upper house ).The Senate is made up of 109 members;3 from each of the 36 states and one from F.C. T .The House of Representatives (powerhouse) comprises of 360 members representing constituencies across the federation . Both houses constitutes the National Assembly.
STATE HOUSE OF ASSEMBLY
The state house of assembly is unicameral in nature . Membership of the state house of assembly is determined by the states population and constituencies.
3.THE COMMITTEE OF THE LEGISLATIVE HOUSE
A committee is a group of persons chosen /elected by a larger parent body ,to carry out general or specific delegated duties or assignment. There are two main kinds of committee.
- Standing committee
- Committee of the whole house
Appropriation bills are deliberated upon by the committee of the whole house while other bills pass through the standing committee .
4.FUNCTIONS OF THE LEGISLATURE
- LAW MAKING
The legislature is primarily vested with the power to make laws for the state .This is backed up by Section 4(2) of the constitution The powers of the legislature applies to the matters listed in the Exclusive legislative list and the concurrent legislative list under the second schedule of the constitution. In AG Abia state V AG Federation the court clarified the scope of legislative competence holding that any law inconsistent with a valid law made by the National assembly , on matter within the concurrent list is void to the extent of it’s inconsistency
Similarly in Chevron Nigeria ltd V Imo state house of Assembly the court of appeal held that oil and gas related legislation falls within Exclusive legislative list and hence state legislatures lack the constitutional competence to legislate on such matters .
- OVERSiGHT FUNCTION
It is the function of each arm of government including the legislative to act as a check and balance on other organs of government. i.e the Executive can check the legislature but the legislature can use the relevant majority votes to override any presidential veto. The principle of check and balances is used to protect the constitution from destruction , protect the civil liberties of the people and preserve the county from tyranny .
- BUDGETARY AND FINANCIAL CONTROL
The national assembly manages the public Funds .No money can be withdrawn from the consolidated Revenue Fund without authorization by the legislature .In the case of AG Bendel V AG federation the court affirmed the supremacy of the legislative approval in appropriation matters.
- QUASI -JUDICIAL / IMPEACHMENT FUNCTION
A parliament exercises judicial / Quasi – judicial powers when it takes any decision that affects the rights and liabilities of any person. Apart form investigative functions ,impeachment proceedings are the most sensitive judicial function performed by the legislature. A parliament has the constitutional power to impeach .
- INVESTIGATIVE FUNCTION
Investigation of any matter/ issue which is causing public disquiet and any person concerned therewith respect to any matter on which the parliament has constitutional powers to make law is a function of Parliament. The investigative powers if parliament are broad , it encompasses power to carry out inquires concerning the activities of any person connected thereto. It comprehend ,probes into the departments of the government to expose corruption inefficiency or waste and to allow appropriate sanction by the judiciary/ other arm of government as may by necessary.
In MCGrain V Daugherty ,the us supreme court settled the question of the right of the U.S congress to conduct investigations when it said that “The power of congressional inquiry with the process to enforce it. Is an essential and appropriate auxiliary to the legislative functions “
REPRESENTATIVE FUNCTIONS
The representative functions of Parliament means that each member of Parliament is representing the people in his constituency in particular , while parliament as a body is representing the people of his country as a whole by watching over , upholding and protecting the interests of the people. This is representation by members of the parliament if the people of their respective electoral constituencies. The members of a parliament are elected to represent the respective constituencies that make up a country/ state .
CONCLUSION
The legislature is a key part of government responsible for making and passing laws.
It represents the voice of the people in a democratic system.
Through debates and discussions, it helps shape national policy and direction.
A fair and active legislature strengthens accountability and good governance.
Overall, it plays a crucial role in maintaining the balance of power in a country.
the country Type equation here.the country from the the country from tyranny .Type equation here.
Reference(S):
[1] AG Bendel state V AG Fed&22 ors(1982) A11 NCR 85 SC
[2] Constitution of the Fed Republic of Nigeria 1999 as amended s4
[3] Constitution of the Fed Republic of Nigeria as amended 1999 S47&48
[4] Constitution of the Fed Republic of Nigeria as amended 1999 S47
[5] Constitution of the Fed Republic of Nigeria as amended 1999 S 90
[6] R V Secretary of state ,exp Hillingdon LBC (1986), WCR
[7] Constitution of the Fed Republic of Nigeria as amended 1999 S4
[8] AG Abia state &ors V AG Fed(2006)16 NWLR(pt1005)
[9] Chevron Nigeria Ltd V Imo state House of assembly &ORS (2016)
[10] Ese Malemi constitutional law (Rules 2009)
[11] Constitution Fed Republic of Nigeria 1999 as amended S 80-84
[12] AG Bendel V AG Fed(1981) 10 SC
[13] Ibid.
[14] 273 US 135 (1927)
[15] Oloyo V Alegbe (1983) 2 SCNLR 35
