President of the Senate, Bukola
Saraki, on Tuesday, said that full adherence to the principle of Separation of
Powers was crucial to the survival of the democracy, good governance and
enhanced national security.
Saraki also commented on the
refusal of the Senate to confirm nominees sent by President Muhammadu Buhari.
Saraki spoke in his lecture
entitled: ‘Separation of Powers and National Security in Nigeria: An
Appraisal’, presented to Course 26 Participants of the National Defence College
(NDC) in Abuja.
He noted that each arm of
government is intended and designed to be free of coercive influence from
another.
“But, regrettably, that is not
always the case, in practice, in the Nigerian experiment,” Saraki’s Chief Press
Secretary, Sanni Onogu, quoted him as saying.
“Section 60 of the 1999
Constitution provides that: ‘Subject to the provisions of this Constitution,
the Senate and the House of Representatives shall have the power to regulate
its own procedure, including the procedure for summoning and recess of the
House
“We, in the Legislature, as
representatives of the people, strive to carry out our oversight functions in
line with the doctrine of Separation of Powers – because it is our duty as
stipulated by the Constitution.
“We also do so to guard against
Lockean ‘human frailty’ – by which I mean the tendency towards abuse of power,
where such power is absolute. To one’s chagrin, however, our actions are often
misconstrued, because few understand that the Legislative arm of government is
not a rubber-stamp, driven from pillar to post by the whims and caprices of
another organ of government.
“Let all listening to me today
note the unassailable position, which is this: the Executive, the Judiciary and
the Legislature are co-equals; none is subordinate to the other. Indeed, as
former Senate President Ken Nnamani once opined, ‘The Legislature and the
Executive are co-managers of the economy.'”
According to the President of the
Senate, the press is replete with stories of ‘face-offs’ between the Legislature
and Executive, real or imagined.
These, he said, include unguarded
pronouncements by a former Secretary to the Government of the Federation (SGF)
– and other government officials – concerning the Senate; or the refusal of the
heads of some government agencies to answer when summoned by the legislature.
Saraki said: “The refusal of the
Senate to confirm certain nominees of Mr. President has drawn undeserved ire in
many quarters. These are people who misconstrue the role of the legislative
arm, because we are perfectly within our bounds under the Nigerian
constitution.
“In any case, if the Senate
confirms two nominees and rejects one –should we be seen as attacking the
Executive? Or, should we not ask whether there are weighty questions to answer
on the part of the nominee? Why is the Legislature vilified when occasionally,
a nominee fails to scale through?
“We really should ask ourselves
the tough questions, rather than parroting the fallacy about the Legislature
not playing along with the Executive. Ask yourself what kind of democracy we
would have if all powers resided solely in one arm of government.
“That is why I sometimes marvel
at the hypocrisy of some vociferous voices who claim that they are fighting for
democracy and yet they keep quiet when one arm of government repeatedly imposes
its will on the judgement of a co-equal arm of government.
“Democracy and the Rule of Law
depend on four elements – deliberation, engagement, participation and
collaboration.The constitution says that if you want to wage war or call out
troops you must go to the National Assembly and you don’t – is that in tandem
with Separation of Powers?
“Even in the United States that
we modelled our system on, the White House must engage with Congress in the
formulation of critical policies on security and defence.
“If the constitution prescribes
who may be appointed into certain positions and you flout that – should the
Legislature not take a stand in the public interest? Or the fact that one judge
is believed to be corrupt – does that justify one arm of government breaking
down the doors of members of an independent Judiciary?
“American judges have blocked
many Executive Orders made by President Donald Trump, including those on the
Muslim Travel Ban, Immigration and Sanctuary Cities. Despite Mr. Trump’s
frenetic twitter activity voicing his displeasure, the judges’ rulings stand –
because the Judiciary is free from the coercive influence of the Executive.
“The travails of the Nigerian
Legislature have unfolded under the cloud of many challenges confronting the
nation. These only serve to destabilise government, and cannot be good for
national security.
“In a country that is an amalgam
of some 250 ethnic nationalities under one flag, unhealthy rivalries are a
symptom of systemic distress, for the avoidance of which Separation of Powers
was propounded,” he said.
He further said that “A
successful regime of Separation of Powers would require much more than enacting
more laws and amending existing ones. It would require the active compliance
with the doctrine from all arms of government.
“As the Legislature, we would
require the Executive to give due regard to legal decisions, invitations and
resolutions of the National Assembly. Let me quickly add that we will hold
ourselves to the same rules vis-a-vis our co-equals.
“Going forward, we have set up a
Committee headed by the Vice President to look into ways of improving the
relationship between the Legislature and the Executive; and indeed, it is
increasingly apparent that relations have improved greatly, although there is
still much to be done.
“The joint presentation of the
Budget to both Houses, now done for two years in a row, is evidence of
cordiality between the two arms of government. This is the way forward.
“After all, when there is a cold
war between two arms of government, who loses out? The country loses out– in
terms of stability, governance, development, peace and security. We must also
always keep in mind the fact that the ultimate Check and Balance is exercised
by one party – the people – at the ballot box,” he said.
He stated that there was the need
to create greater awareness about the inherent principles separating the three
arms of government, “such that, when the National Assembly next beams the
searchlight on the use of funds appropriated for fighting the insurgency – or
funds intended to provide succour to internally displaced citizens- some will
not look at us askance – and those who would arrogate absolute power to
themselves, will not go up in arms against the Senate.
“It is a balancing act, as
implied by Checks and Balances, and we will continue to do our best to fulfil
our role according to the Constitution. Despite the clarity and gravity of the
Constitution on the independence of the Legislature, the Deputy Senate
President and I have been subject to prosecution over the internal affairs of
the Senate.
“The way we are elected and our
processes – we are independent. It was therefore foolhardy of government to
mount such prosecution.
“The courts have ruled multiple
times that the National Assembly’s internal affairs are inviolable – and yet,
what we saw was a ready willingness to cross the line and mount a case, in a
flagrant overreach of executive power. Let me say that I view this as a
distraction and a legal affront to the principles of Separation of Powers.
“From the outset, on my
assumption to the position of Nigeria’s President of the Senate, I have had to
endure court cases even at these pressing times in our national life, when all
our energies should be geared towards development.
“Through all this, I have
respected the constitutional mandate of the Judiciary and appeared in court on
several occasions, trusting that I would be vindicated, because I believe in
the Rule of Law. These are some of the sacrifices we make, and what we go through,
so that these institutions can be strong. It is not about individuals but about
institutions of government, so as to strengthen democracy.
“The way forward, having
recognised the necessary value that Separation of Power brings to the
strengthening of our democracy, it is important then that we chart a course
that ensures that the inviolability of our institutions becomes a mandate for
the protection of our democracy.
” I repeat, it is not about the
individual; it is about the institution if we are to ensure the survival of our
democracy. Therefore, the constitution itself has made provision for the
process of the removal or appointment of the leadership of these institutions,
in order to ensure that the integrity of the institution remains inviolable.
“The key purpose here is not the
protection of the individuals who occupy these offices temporarily but rather,
the protection of our democratic norms. So, for everyone here today, there is
really a choice to be made. We have to decide whether or not we really want
democracy.
“We cannot have it both ways. I
always say that, today, we have an honest and transparent President – but it is
no reason not to defend the principles of Separation of Powers – for who is to
say what the next occupier of that office will be like?
“We fight today with an eye on
posterity, in order that the future may be more assured. Therefore, I charge
you all to go and learn as much as you can about the doctrine of Separation of
Powers and its implications for leadership, governance, democracy and national
security.
“If we decide that we do not want
a National Assembly that will hold the Executive to account, that is another
matter entirely. We can always go back to the Parliamentary system we operated
immediately after independence.
“But as long as we run the
current system of government, it is not even a matter of debate. We must uphold
the core principles of Separation of Powers because our development, peace and
security depend on it,” he stated
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Thank you Mr Senate President for this clear explanation on the necessity of separation of powers. But i disagree with you on the assertion that President Buahri is honest and transparent. I dont see honesty and transparency where nepotism, favoritism and ethno-religious bigotry is glaringly practice in broad light in our face. I dont transparency when corruption fight is one-sided and others are shield from prosecution because he/she belongs to this party or from one region. The President to my observation is far from been transparent or honest. May be, he was, but not as i see it now.
ReplyDeleteDivisive and wicked leadership is what we have in Nigeria today. Honesty has no place where liars have a field day representing a so called honest man. What a contradiction!
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