Strengthening legislative oversight functions

A key discovery from previous and ongoing investigations of activities of federal government’s Ministries, Departments and Agencies (MDAs) by the National Assembly is that legislatures compromise the standards expected of them by getting involved in contracts’ awards and other acts of malfeasance demeaning of their revered positions as law makers. It is not in doubt that law-makers have turned oversight visits, probes and public hearings into marketing assets. Every committee struggles to conduct at least one oversight or probe per session. This kind of performance gives the impression that law makers undertake oversight function for reasons other than the noble cause.

The legislature, in the discharge of its power of oversight, exposing corruption and minimising waste regarding funds appropriated by it must be like Caesar’s wife, beyond suspicion. It is constitutionally and morally wrong for the legislature or its members to be complicit in any matter that is or likely to be within its purview. The Senate and House of Representatives have committees on Ethics and Public Petitions whose mandates include ethical and conflict of interest situations like ones under review.

Just like the legislature oversights the executive, the public oversights the legislature. In this public oversight of the legislature the media and civil society have critical roles to play in ensuring ethical compliance by legislators and the legislature as an institution. Democracy is not an event, it is not a milestone, it is an endless journey, it is a process and all citizens have a responsibility to it. For democracy to thrive, the public must hold the parliament to a minimum standard of conduct.

The legislature is an institution which represents the common and collective interests of the citizens through the enactment of laws and the exercise of oversight functions on the activities of the executive arm of government. In the quest for nation building in a democratic set up like Nigeria, the exercise of effective legislative oversight function remains crucial.

Its purpose is to provide a powerful check on the executive authority, enhancing accountability where a dominant executive branch might operate with impunity. It also aims at ensuring that all relevant societal groups are included in and benefit from the nation building and development exercise and that government policies and budgets are implemented in an effective, efficient, transparent and accountable manner.

Section 88 of the 1999 Constitution (as amended) empowers each House of the National Assembly to conduct investigations into the affairs of the executive. This power covers (a) any matter or thing with respect to which it has power to make laws; and (b) the conduct of affairs of any person, authority or Government Department charged, or intended to be charged with the duty or responsibility for (i) executing and administering laws enacted by the National Assembly (ii) disbursing or administering moneys appropriated or to be appropriated by the National Assembly.

In exercising its powers to conduct investigations the legislature uses investigating Committees. Nigeria, being a developing country, the legislature’s capacity to carry out its oversight functions remains weak because legislative role and culture is at its infancy and therefore often confronted by many challenges.

Legislative oversight is a very important instrument for nation building in that it assures that the nation’s resources in addition to state revenue and expenditure are properly considered and fiscally sound, that government programmes address the people’s relevant needs and are executed in a timely and proper manner. Through an effective exercise of oversight functions, the legislature can exercise adequate checks and balances, transparency and political legitimacy and better enforce financial regulations and policies and ensure wide participation, ownership and sustainable democracy.

The unsavoury actions of our lawmakers’ calls for urgent steps to strengthen legislative oversight. First should be the establishment of specific oversight mechanisms to effectively hold the executive to account for their activities. Second is to adopt a bi-partisan approach in parliament when overseeing executive activities. Third the Ethics and Public Petitions Committees must rise up to the challenge by applying the appropriate sanctions where and when necessary.

Additionally, there must be a truly participatory parliament with a commonly accepted standard for specific oversight mechanisms which would pass public test.