The role of the legislature in the fight against corruption -Prof. Itse Saga

1. The Status of the Legislature in our Democratic System

As Professor Nwabueze has noted the Legislature is the distinctive mark of a country's sovereignty, the index of its status as a state and the source of much of the power exercised by the executive in the administration of
government. The sovereign power of the state is therefore identified in the organ that has power to make laws by Legislation, and to issue commands" in the form of Legislation binding on the community
Nwabueze buttresses this argument by pointing out that in our Constitution, the Legislature is dealt with first before the other organs of government. Thus section 4 deals with Legislative powers, section 5 with
Executive powers and section 6 with Judicial powers. He however points out that the constitutional primacy of the Legislature is not contradicted by the fact that the head of the Legislature is not the first citizen of the Country. For the office of President for Governor) is distinct from that of
Chief Executive. It is not the Chief Executive who is the first citizen, it is the President or Governor as the case may be the President, being the Head of State of Nigeria, and by the same token the Governor being the Head of State of his State. It is the President as President who is the first citizen of Nigeria, not the Chief Executive. It is the Governor as Governor that is the first citizen of the State, not because he is the State's Chief Executive. In other words, the President is the first citizen, not by virtue of being the Chief Executive but by being the Head of State. The same thing applies to
the Governor. This is easily appreciated when we consider a system like
the British one in which the office of 1st citizen and Chief Executive are separated. The Queen is the 1st citizen and the Prime Minister is the Chief Executive. In Nigeria, the President and the Governors combine both positions in one person.

This long detour on the Presidency and Governors is meant to establish the fact that the head of the Legislature, the first arm of government, is made to take his position behind the President or the Governor as the case may be, because of the position of the former as Head of State of Nigeria or
Head of a State within Nigeria, not because he is Chief executive. The Legislature is therefore, the number one arm of government in any democratic State.

The current low esteem in which the Legislature, particularly the National Assembly is held, arises, not from lack of legislative primacy, but from its exhibition of negative values and practices, grossly against the interest of Nigeria and Nigerians. The clear impression is created that Nigerian Legislators are in office for themselves and not for the populace. The issue of mind boggling allowances is just one evidence of these phenomena.

The significance of the legislature in our democracy

In spite of the above, the importance of the legislature in our
constitutional democracy cannot be over emphasised. Thus when of referring to democratic governance, whether
parliamentary or presidential, the organ of government that captures the mind most as epitomising the concept is legislature. For that is the place where the public sees democracy in action, in the form of debates, and consideration of motions, resolutions and bills. The closest politician to the voter is the representative of his constituency in the
legislature.

During military regimes, we still see the judiciary and the executive in action. It is the Legislature that is really missing for a supreme Military Council or Provisional Ruling Council is no different from the Military executive. The very fact that the Legislature is the first major casualty in a military regime, reinforces its status as the standard bearer of Thus
democracy. the most significant phenomenon in a democratic set up is to see the legislature, the Assemblies of the people's representatives in action According to John Sthart Mill, it is the duty of the legislature to "to watch and control the government [executive]; to throw the light of publicity in
its acts, to compel a full exposition and justification of all of them which legislature's anyone considers questionable." If effectively discharged, the legislature's critical function an attitude of responsibility and restraint critical function would produce an attitude of responsibility and restraint in the executive,  which would oblige it to reckon with the possible reaction
in the legislature in framing policies and taking decisions. the Legislature to play the role effectively, its own hands must be clean and its house in order. A corrupt and self-seeking Legislature will not put have the credibility and authority to carry out its role as the watch dog of the people. Unfortunately, currently in this country, it is the press that is playing this role of watch dog.

3. Oversight Responsibility Under section 88 of the constitution, each House of the National Assembly is empowered to direct or cause to be directed an investigation into any matter in respect to which it has power to make laws. This means that it has the general power to cause an investigation or enquiry into any of the 68 subjects in Part 1 of the second Schedule, ie. the Exclusive Legislative List. In addition to this general power, it can investigate the conduct of any person, authority, ministry, or government department charged or intended to be charged with the duty or responsibility for o executing or administering laws enacted by the National Assembly and
O disbursing or administering moneys appropriated to be appropriated by the
or National Assembly.

In my humble view, the legislature has not lived to expectations with up regard to its oversight functions. It has tended to be deeply involved in acts of corruption which in the process deprives it of the capacity to fight corruption. The latest development, that of budget padding is an example
of this dilemma.

In spite of all that has happened in the past, it is most encouraging that the
NASS has actually taken the initiative to collaborate with PACAC to deliberate on the Role of the legislature in the Fight Against Corruption.
This is a most encouraging development, marking a turning point in the
orientation of our law makers towards their duties and responsibilities.
The Topics
assigned to the Panels of this Conference are comprehensive in scope and are at the same time precise in that what need
they constitute to be addressed by the legislature, if it is to fulfill its true mandate in the
fight against corruption and in the achievement of transparency and accountability in government.

I regard this as a new beginning in our journey towards clean in a society which all our resources will be fully deployed towards our upliftment and
progress as a Nation.
Thank You.

Address By Professor Itse Saga chairman of PACAC