to legislative oversight in the national assembly 1...

Guide to Effective Representation in the National Assembly

Guide to Legislative Oversight in the National Assembly

11

Guide to Effective Representation in the National Assembly2

GUIDE TO EFFECTIVE

REPRESENTATION IN THE

NATIONAL ASSEMBLY



33

Published by:

Policy and Legal Advocacy Centre (PLAC)

Abuja, Nigeria

With Support From:

© PLAC 2016


ACKNOWLEDGEMENTPLAC wishes to acknowledge the support of the British Department for

International Development (DFID) in the publication of this guide.



55

PREFACEThis guide explores the representation function of the legislature, which is one of its major functions in a democracy. A key test for a legislative institution is how far it articulates and responds to issues of public concern. Representation largely involves service to constituents by representing their interests in the legislature and providing a direct link to government. The representation function is critical to the long-term sustainability of a democracy. Citizens need to feel that their representatives are listening to them and that their issues will be taken seriously and addressed.

However, in Nigeria, many citizens are still missing the link between themselves and their representatives and often express concerns about ineffective representation by their representatives. On the part of lawmakers, concerns have been expressed about poor citizens’ understanding of representation and challenges to effectively carrying out their representation functions.

This guide aims to bridge this knowledge gap by highlighting/ providing information to lawmakers on how to navigate these issues and challenges, and on the whole, how to be an effective representative of their constituents.

This guide targets the Nigerian National Assembly and presents the following:

• A review of representation functions of legislature

• Examination of realities, challenges and expectations of effective legislative representation

• Suggestions of practical methods for improved representation


ACKNOWLEDGEMENTS

PREFACE

CHAPTER ONE: Introduction & Background 7

1.1 Brief History of Legislative Representation

1.2 A brief explanation of the Functions of a Legislature

1.3 Constitutional and Legal Basis for Representation in Nigeria

1.4 Other Functions of the Legislature

CHAPTER TWO: Effective Legislative Representation 19

2.1 What is Effective Legislative Representation?

2.2 Execution of Effective Legislative Representation

2.3 Some Approaches to Constituency Service

2.4 Challenges of Effective Legislative Representation

2.5 Representation and Accountability

CHAPTER THREE: Recommendations for Improved Representation 33

CHAPTER FOUR: Conclusion 37

REFERENCES 38

TABLE OF CONTENTS



77

The legislature is a unique institution in a democratic setting, composed of elected representatives of the people. It occupies a prominent position in modern democracies. The legislative arm of government bears the responsibility not only to make laws which is its primary function, but also to perform other important functions which include the following:

Thus, the legislature enacts laws, represents the interests of the peoples, is constitutionally empowered to oversee the activities of the executive, safeguardspublicfinancesandprovidesanavenueforredressingpublicgrievances. These roles could be summarized in three basic functions: lawmaking, representation and oversight.

INTRODUCTION1CHAPTER


The legislature is one of the major attributes of democratic governance and if effective, could ensure good governance and provide a forum for grassroots representation. As legislators represent various constituencies, they have direct contact with the local populace and are able to have a feel of their needs and concerns.

The oversight role of the legislature enables it to review, study and evaluate the implementation of laws including the use of public funds and resources. In particular, oversight powers:

• Enable the legislature to gather information on proposed Bills

• Preventandexposecorruption,inefficiencyandwaste

Thus, by being able to review, monitor and supervise, the legislature has the ability to oversee executive ministries, departments, agencies (mdas), parastatals including their programmes, activities and policy implementation. The legislature therefore promotes and enforces transparency and accountability in governance.

The legislature is one of the Organs of Government in a modern democracy, which plays a dual role of governance and also of representing the citizens in Government. It is the most singular institution that ensures representation of citizens giving them a feeling of inclusiveness; to feel that they own the Government by having a say in how its affairs are conducted.



99

This is the whole aim of a democratic system of Government. The more access citizens have, the more included they feel in governance and the assured trust which engenders peace and allows for development.

1.1 Brief History of Legislative RepresentationThe legislature or parliament, as it is often called, is an important institutional structure of modern democracy; it has a long history, which predates it. The ancient Roman Republic (existing between 509 BC and 27BC)isoftencreditedasbeingthefirstgovernmentinthewesternworld to have a representative government. Scholars have also noted that most modern day legislatures or representative democracies were inspired by the Roman model of government, in which citizens elected representatives to rule on their behalf. The United States congress model for instance, is said to be partly based on the Roman Republic’s model.

The Roman Senate was created as an advisory body for the king and with the deposition of kings and change from monarchy to a republic, it morphed into a powerful governing body of about 300 or more men with powers to elect executives, make laws, negotiate treaties, declare wars,deployarmies,andcontrolpublicfinance.Theywerealsoknownfor their excellent advocacy and oratory skills.

Ancient Greece was another society that practiced a form of democratic representation between the 4th to 5th Century BC; although their decision-making was more direct and had adult male citizens represent themselves directly at councils rather than via a representative body. In fact, the word “democracy” owes its etymology to the Greeks - demos (meaning “people” or the entire body of citizens) and krátos (meaning “rule” or “power”).

Representative forms of governance are not foreign to African societies either. Pre-colonial Igbo societies are said to have practiced a democratic, decentralised and advanced socio-political system consisting of nuclear and extended families, lineages, village groups and structures such as title holders, secret societies etc. that held different forms of powers


and duties, represented different levels of government and exercised levels of social, economic and political decision making and control.

After the creation of Nigeria, British colonization and the country’s subsequent independence in 1960, Nigeria adopted the British parliamentary system of government and afterwards, the presidential system of government in 1979. Due to Nigeria’s shared history with Britain, the National Assembly as it exists still retains some British parliamentary procedures. It is important to note that the modern day English parliament traces its existence to the Witenagemot – a political institution of Anglo Saxon England, which operated between the 7th and 11th centuries. The Witenagemot (meaning meeting of wise men), also known as the Witan (more properly the title of its members) together with the Moots are an important ancestor of the modern English parliament.

With the advent of modern democratic practice, the parliament has emerged as a strong pillar of democracy given the fact that democracy is built on the active and informed participation of the people in the governance process. Such participation is usually exercised largely through representatives elected by the people themselves. By virtue of the members of parliament representing people of different constituencies and interests, the parliament constitutes or is expected to constitute, on one hand, an arena for reconciling differences of interest and on other hand, the main pillar for the attainment of democratic ideals. In the latter context, the parliament amidst other arms of government (executive and the judiciary) is expected to be primus inter pares.

However, this ideal of a strong parliament cannot be said to exist in practical terms as over the years and in different political systems, it hascontinuedtosufferfluctuatingfortunesespeciallyinitsrelationtothe executive arm. Indeed, most parliaments have oscillated between being assertive and being passive in their dealings with the executive arm. This is largely due to a host of factors that include:

a. The nature and organization of government

b. Theextentoftherulingparty’sinfluenceinparliament



1111

c. Susceptibility of parliamentarians to manipulation by the executive

In the presidential system, with its hallmark as the disperser of governmental power among the three arms of government – legislative, executive and judiciary, the legislature has a higher leverage of being assertive. However, this tendency has not cut across all presidential political systems, as legislatures have remained particularly passive in some, while they remain assertive in others.

The most frequently cited examples are those drawn from authoritarian and totalitarian countries where legislatures are largely symbolic bodies endorsing the decisions of leaders. This is also common in democracies where, for a number of reasons, the executive arm succeeds in exercisingprofound influenceonthe legislatureand itsactivities.Forinstance, in Senegal, out of the 100 member senatorial seats, 35 are indirectly elected while the remaining 65 members are appointed by the President.

In Nigeria’s context, the legislature consists of the National Assembly and House of Representatives at the Federal level, the State Houses of Assembly at the State level and the legislative councils at the local government level. This guide focuses more on the representation function of the Federal legislature.

The Nigerian Senate, having similar structure to that of the United States of America, symbolizes the equality of the States that make up the federation and enjoys the privilege of confirming appointmentof key functionaries like Ministers and Ambassadors. The House of Representatives, on the other hand, are seen as direct representatives of the people. The Senate’s 109 membership is based on equality of the States (three Senators per State and one for the Federal Capital


Territory) while the House’s 360 membership is based on population and number of constituencies.

1.2 A brief explanation of the Functions of a LegislatureModern legislatures perform a myriad of functions and roles, which derive from their constitutional position in a democracy as well as their existence and activities overtime. Scholars however, regardless of the legislature’s diverse functions, seem to agree on three functions as most essential and central to the legislature - lawmaking, representation and oversight.

It should also be pointed out that functions performed by modern legislatures have evolved along with the development of legislation and are becoming stabilized even as institutionalization continues. In other words, the three functions are more or less generic to the parliament irrespective of the nature of governmental arrangement. This section examines the three main functions of legislature.

a. Lawmaking

Lawmaking remains central to the existence of any legislative institution and consequently, the entire governance process. Fundamentally, governance incorporates the entire process of public policy formulation and delivery including reconciliation of societal differences hence, the legislatureinitstaskoflawmakingbecomesthefirstpointofreference.This is because laws can only be enforced by the executive arm after they have been formulated by legislature. In the process of enforcing such rules or decisions, a disaggregate preference may emerge, thus, creating the need for an independent arbiter to intervene in the form of judicial adjudication.

Lawmaking by the legislature consists of identifying compromises between ideas and interests that emerge in the process of governance. The legislature is therefore responsible for reconciling, opposing and attimesconflictinginterestswithinthepoliticalsystem.Suchopposinginterests could be between the state and the citizens or state institutions



1313

or different segments of society. However, it must be stressed that, the mere fact of the legislature having the primary responsibility of law making does not imply that it initiates all legislations.

b. Oversight

Legislative oversight is a process by which the legislative body takes active role in understanding and monitoring the performance of the executive arm and its agencies. The demand of modern democratic practice in terms of accountability has created a situation where it is not enough that laws (including appropriation laws) are passed, but that such are implemented.

Oversight activities take place after a law is passed and involves monitoring executive activities for reasons of efficiency, probity andaccountability.

Although most legislatures have the constitutional power of oversight, its nature makes it a more complex and demanding activity because it requires acquiring a great deal of information about the executive arm and its activities. In the presidential system, oversight is usually exercised through specialized legislative committees. In the parliamentary system, oversight usually occurs through a process of questioning in parliament by which members of cabinet are expected to provide details of activities of their respective agencies.


Inspecificterms,oversightincludes:

• Identificationandavoidanceofinefficiencyandwasteingovernmentsuch as extravagance, fraud, and misuse of public funds as well as redirection, redistribution and/or restructuring;

• Determination of the extent of government’s effectiveness in carrying out public policy as set by the legislature;

• Determination of whether responsible parties are administering the law fairly and properly throughout the state; and,

• Increment of knowledge and understanding of governmental programmes.

It is instructive to note that it is the course or aftermath of legislative oversightthatthelegislaturemaygainsufficientgroundfortheinstitutionof disciplinary measures including impeachment proceedings against the head of the executive arm.

With regard to the oversight function of the legislature, it can be argued that given the magnitude of oversight activities and sometimes the lack of incentive for the legislators to engage in it, most legislatures oftenfindoversighttobeverychallenginganddaunting.Also,becauseoversight involves monitoring the activities of the executive, it requires a great deal of information about the executive branch and its agencies.

c. Representation

Like explained in the foregoing section, representation is not a new concept and the idea of a representative assembly dates back to the pre-modern democracy era. However, this notion of representation has changed fundamentally over the years and become standardized in the age of democracy.

In the age of democracy, the legislature represents a key institution of political representation. This is because members are known to represent the interests of different constituencies and groups within the political



1515

entity. In this light, the fulcrum of legislative activity is expected to be the articulation and aggregation of diverse interests of the represented constituencies into the policy process.

For instance, the legislature as an instrument of liberation has also been found relevant in the promotion of gender parity in governance. Indeed, several countries have embarked on affirmative action as a meansof increasing the level of participation of women in governance. For example, approximately 23 African countries have adopted some form of legislative quotas for women. Countries such as Angola, Gambia, Kenya and Nigeria plan to adopt such quotas or are engaged in ongoing debates on quotas. The above trend may be attributed to other factors that include domestic challenges and changing international norms with regard to gender representation in governance, but also buttresses the conception of the legislature as an instrument of social-cultural and political liberation.

1.3 Constitutional and Legal Basis for Representation in NigeriaThe concept of representation in a democratic system of Government is, as aptly put, ‘to represent the regions, ethnic groups, social class, and occupational interests’ or “acting in the interest of the represented (to whom sovereignty belongs) in a manner responsive to them through consultation and the exercise of such discretions and judgments aggregating the views of the governed.

The above concept is reinforced by Section 14(2) of the Constitution, which states in unequivocal terms; “sovereignty belongs to the people of Nigeria from whom Government through this Constitution derives all its power and authority.” This is a clear manifestation that Nigeria is a State based on the principles of democracy and social justice.

The concept of representation is further reinforced by Section 4(2) of the 1999 Constitution, which vests the National Assembly, (constituted by legislators or the representatives of the people to whom sovereignty belongs) with powers to “make laws for the Peace, Order and good


government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part 1 of the Second Schedule to this Constitution”.

The provisions of the above sectionwas confirmed by the SupremeCourt decision in the case of A.G. Abia State Vs. A.G. of the Federation & Ors (2001) 11 NWLR 689, where it held that the National Assembly is empowered to make laws only on matters within its competence and not outside it while exercising the power to make laws for the peace, order and good government.

Thus, the legislature is expected to act as the ears and voice of the people as it listens to them and articulates their views, yearnings and aspirations into good laws and/or government policies. It is the eyes of the people as it oversees the execution of projects by the executive arm and reviews the utilization of public funds by Government agencies and departments.

Scholars have noted that the modern democratic system requires that an elected parliament is socially and politically representative or that the constitutional system provides for substantial political equality. In federalsystems,acountry’sterritorialdiversityisoftenreflectedintherepresentation of its component parts in the legislature. Nigeria’s system addresses this through the division of legislative seats according to senatorial zones and constituencies. In Nigeria, the Independent National Electoral Commission (INEC) is empowered to create constituencies in such a way that no constituent falls into more than one State. Members of the House of Representative represent smaller geographical area or constituents as against the Senators who cover large Senatorial Districts (as provided in sections 49 and 71, 1999 Nigerian Constitution). The concept of representation requires that governments take into account the population of the people and adjust these constituencies or districts from time to time as the population grows.

1.4 Other Functions of the LegislatureBeyond the conventional functions of the legislature discussed above, scholarshaveidentifiedquiteanumberofrolesthatthelegislaturein



1717

modern context is capable of playing. One function of the legislature, which is often easily overlooked, is the function of informing and instructing the public. Through parliamentary debates on bills and in the course of oversight activities, the legislature’s actions serve an important purpose of educating the public about government policies and programmes. Given the fact that in most countries, legislators and opinions expressed in legislatures or parliaments are constitutionally protected, legislators are usually able to speak their minds on issues and this enables the public to acquire better insights and adequate knowledge on the issues concerned.



1919

2.1 What is Effective Legislative Representation?The legislature is an important feature of modern democratic practice. It is the arm responsible for making laws for good governance of the society. Beyond this, it serves as an arena for resolving and reconciling differences in opinion about policy matters within the state. Indeed, it is the branch of government to which popular complaints and demands for action are first articulated and channeled. This is by virtue of itsessence as representing a broader range of interests.

While the legislature is not an invention of democracy as its existence predates modern democratic practice, it has, however, come to acquire significanceasthemainsymbolofdemocraticgovernance.Irrespectiveof the nature of the government at any point in time -dictatorial or democratic, the existence of both the executive and the judicial arms are somewhat maintained. As a result, the legislative arm is usually the least institutionalized compared to other arms especially in countries with a long history of authoritarianism. This can be seen from Nigeria’s past successive military regimes, which all existed without a legislature.

Effective legislative representation therefore, can be described as the successful execution of legislative functions that are expected of legislators as representatives of constituencies. Most scholars agree that to ensure effective representation, it is important for the political system in place to provide for an elected parliament that is socially and politically representative. Legislators often represent diverse and sometimes competing interests that may be defined by ethnicity,religion, political identification, gender, or other characteristics, and

2 EFFECTIVE LEGISLATIVE REPRESENTATION

CHAPTER


these interests must be balanced.

According to the Inter Parliamentary Union (IPU), legislators represents all parts of their society or constituents – including men and women, minorities and marginalized groups and therefore, effective representation implies “articulating and mediating between the competing interests of these groups” as well as, guaranteeing equal rights for all parliamentarians, particularly those belonging to the opposition within a legislative assembly. Effective representation can also mean that legislators possess or acquire the resources, skills and characteristics that they need to execute their representative duties and consistently apply them in delivering service to their constituents.

2.2 Execution of Effective Legislative RepresentationThe logic of a representative assembly is informed by the need to take care of peculiar interest of the people they represent. Indeed, a representative parliament is the distinguishing hallmark of representative democracy. In order to facilitate the work or business of representation, parliaments often provide support for their members. For instance, in most parliaments, members are provided with funds to establishconstituencyofficesandemploystaff.Theessenceofthisistoenable them maintain a close link with the electorate and put the job of representing the people on a more professional platform.

In Nigeria, funds for constituency offices are usually provided forlawmakers to enable them establish and maintain close links with their constituents. The underlying philosophy here is that constituents have a sense of belonging when representatives pay close attention to them. This is because, grievances and demands could easily be reported at the constituency office of the lawmaker,who is expected to processand channel this for onward discussion in the legislature. By implication, therefore, several legislative proposals that eventually become laws are expectedtobeareflectionofthedesiresandaspirationofthepeopleas expressed through their representatives. However, there seem to be a contrasting reality to this situation.



2121

Having established the historical and constitutional background to representation, there is the question of how lawmakers can be effective representatives of their constituents. For a lawmaker to be an effective representative of his/her constituent, it is advocated that a bottom up approach to representation in order to perceive voter opinion more accurately rather than a top-down representation approach be adopted.

Therefore, the lawmaker must:

• Be legitimately elected to represent the people,

• Be willing to develop and expand his/her knowledge base and sharpen (already acquired) skills to enhance the performance of his/her job,

• Be willing to consult his/her constituents vide town hall meetings or outreach station programmes for feedback,

• Know the various competing interests in his/her constituency and strategize on how best to push them through,

• Learn to know the workings or operations of government and other environmental factors that will assist his/her effectiveness,

• Learn effective utilization of modern communication channels both to put forth the wishes or desires of his/her constituents and publicize governmentefforts towardsalleviatingoraddressingtheirspecificneeds.

The above highlighted points are explained accordingly:

a. The lawmaker must be legitimately elected to represent the people.

The legitimacy factor via an election is key and the importance of same cannot be over-emphasized. Elections are the means through which members of the legislature get the people’s consent to represent them. A representative who is not validly nominated or elected according to party guidelines or in accordance with the provisions of the constitution or electoral laws could be confronted with an election petition challenging the validity of his/her election. With a lawsuit dangling over


his/her head like the sword of Damocles, the lawmaker will be unable to devote time to carrying out the purported mandate effectively.

The current example is the case of Rivers State where the Election Tribunalnullifiedthe2015electionsoftheentiremembersoftheStatecontingent to the National Assembly. An initial attempt to re-run the election was unsuccessful, thus, the Members whose elections were nullifiedwere frozenoutandcouldnot represent,neithercould theybe effective representatives of their constituencies during that period.

Being a whole State contingent of elected Members, the Rivers State case may be an exception, but a plethora of cases abound where Members of the National Assembly spend the entire lifespan of their supposed mandates fighting law suits challenging the legitimacy ofsuch mandates.

b. The lawmaker must be willing to develop and expand his/her knowledge base and sharpen acquired skills to enhance the performance of his/her job.

Competence is the key to effective and optimum performance to any and indeedevery assignment and lackof it in the specific area(s) orsubject may result in ineffective performance of assigned mandate. The imperativehereisforlawmakerstobecompetentinthefirstinstance,and also be ready to acquire new knowledge, skill(s) and specificcompetencies to creditably or effectively discharge their roles.

c. The lawmaker must be willing to consult his/her constituents via town hall meetings or outreach station programmes.

An effective lawmaker is one who is willing to repeat his/her campaign trips, this time not to seek for votes but to give a feedback as well as to assess their developmental, social and of course, economic needs and how to integrate them with Government public policy programmes. This stage of constituency visits affords the lawmaker a rare opportunity to fulfill ‘political promises’ made during electioneering campaigns.



2323

Commonly used Parliamentary outreach activities include broadcast of legislative proceedings, parliamentary publications, use of websites and social media targeting various groups.

d. The lawmaker must have knowledge of the various competing interests in his/her constituency.

This goes to the root of effective representation. A progressive lawmaker is expected to note the competing needs of his/her constituents and through dialogue or consultation, prioritize such with a view to pursuing their accomplishment as agreed to by the majority of the stakeholders since it is not feasible to handle or tackle all of them at the same time.

e. The lawmaker must learn to know the workings or operations of Government and other environmental factors, etc.

A legitimately elected lawmaker must note that it is not enough to possess knowledge and acquire additional skills or embark on constituency visits for dialogue and exchange of ideas as well as be able to identify and prioritize the competing needs of their constituency. They must learn the workings and operations of the legislature, as well as that of the executive arm of government to help identify projects or development programmesthatwillbenefittheirconstituents.

While it is possible for a well-articulated and skillful lawmaker to get their constituents’ projects passed into law, lack of knowledge of the workings of government and in particular, the executive arm, may frustrate their execution or implementation. On the other hand, a lawmaker who is inexperienced, but conversant with the workings of government could lobby the executive arm to ensure the implementation of their constituents’ programmes.

The above is however not to confuse the need or desire for the lawmaker to possess capacity and broaden the frontiers of their knowledge and acquire more or relative skills. Rather, the combination of both the


mental capacity and the knowledge of the workings of Government, whichmaynotnecessarilybebasedonacademicqualificationsarekeyand imperative.

f. The lawmaker must learn to utilize modern communication channels to publicize constituents’ needs and government efforts in meeting them. For instance:

• The ingenuity of information technology plays a huge part in political campaigns and elections in modern societies, Nigeria inclusive.

• Social media appears to be the most frequently utilized and easily accessible communication channel. It has the capacity to send any news item viral with global impact or reach. It is the most effective tool in the hands of the youth who constitute about 60% of the nation’s population.

• Television and radio programmes can be used as a means of disseminating information on available government programmes, as well as on constituency needs.

2.3 Some Approaches to Constituency Servicea. The Outreach Approach

The outreach approach was conceived to allow lawmakers effectively consult with citizens and constituents over policies of national and local significance. Outreach enables legislators to communicate and educate constituents and citizens about government policies and also learn how government activities are received or perceived by the society.

Outreach programmes are more practical in engaging the attention of the people. It may take the form of actual physical meetings or via media platforms. In spite of all these innovative ways of communication, it is advocated that face –to-face contact remains the best form of legislator-constituent dialogue or consultation



2525

b. The Visit Approach

This enables legislators to receive feedback and also ensure easy access to their representatives. It is up to the individual legislator to design programs suitable for his constituents such as town hall meetings for direct talks or discussions. To be effective, this must be a continuous process. One might include public hearing especially when such hearings are conducted in the localities, which are the subject of the public hearing investigation.

c. Collaborative alliance with civil society groups and the media:

Lawmakers can work with civil society groups or the media towards achieving more effective representation, as they often have the ability to shape the public perception of a legislature and influence publicopinion. Civil Society Organisations typically consists of non-profit,non-governmental organizations that are formed by private persons voluntarily to pursue legitimate purposes and operating within a legal framework enacted by the government. While members of civil society are not elected to act in a political representative capacity, they play a complementary role of representing various interests and groups and often work to escalate the needs of these groups, as well as advocating for reforms and legislative accountability via better representation of citizens needs and interests.

Lawmakers can work with members of the civil society and media in their constituencies to improve public understanding of their roles, to create awareness of their contributions, to elicit contributions for improved policy making, and to enhance greater citizen participation in the governance process. Community based groups have been known to be very effective in tracking the implementation of government projects and in administering vital community development programmes at the local levels and therefore can be very useful partners and resource to a lawmaker.

Representation provides the only means by which legislators, as individuals can be held accountable. And in political systems where


voters and their votes count in electing legislative members, the legislators could be rewarded or penalized accordingly by re-election or otherwise.

2.4 Challenges of Effective Legislative RepresentationSomeoftheidentifiedchallengestoeffectivelegislativerepresentationinclude the following:

1. Underutilization of Constituency Offices: By not making judicious use of fundsmadeavailableforestablishingandoperatingconstituencyoffices,most legislators have failed to establish an institutional communication channel with their constituents. Many legislators do not run operational constituencyoffices,eventhoughfinancialsupportforthispurposeismadetoallmembersofthe legislature.Thosewhohavesuchofficesrarely visit to use them for interactive purposes with their constituents. It therefore poses a challenge to effectively represent constituents where thereisnotbasicrelationshipoccurringthroughconstituencyoffices.

2. Lack of Understanding of the Fundamental Purpose of Constituency Offices: Poverty has remained endemic in the society hence, many constituentsbringpersonalproblems,particularlyfinancial,tobearontheir representatives.Rather thanuse theofficeof the representativeto ventilate societal or communal problems, they see the offices asavenues to lodge personal problems and get help as much as possible. Legislators on their own part, mostly to secure support for re-election, have also adopted an individual approach to responding to constituents’ personal demands. This usually takes the following forms:

i. Usingpersonalresourcestofinancedevelopmentofmicro-projectslikeboreholes, health clinics, electricity supply etc.,

ii. Supporting local self-help development projects like access roads etc.

iii. Providing financial assistance to local notables, like traditional rulerswho can deliver votes,



2727

iv. Getting jobs for youths and political allies,

v. Making available information on business opportunity to members of the community,

vi. Thefinancingof significant local celebrations likeweddings, funeralsand meeting personal needs of individuals,

vii. Personal allowances to meet the expenses of legislative staff /team.

The pressure on lawmakers to play such direct roles in resource distribution distorts the traditional representation roles of lawmakers. While the foregoing are not illegal or wrong in themselves, they do not represent best practices on legislative representation nor do they provide a sustainable response to constituents needs.

3. Interference and Reduced Execution of Oversight Function: One area that has attracted and continues to attract serious attention from scholars on legislative institutions is the aspect of its relation with the executive arm of government. In particular, scholars have alluded to a decline in the legislature in comparison to the powers and popularities of the executive arm. This constitutes another area of challenge for the legislative institution as it tries to assert its independence and control over the executive. Indeed, if a general survey is made of the position and workings of the legislature in the present century it would be evident that barring a few important and striking exceptions, legislatures have declined in certain important aspects and particularly in respect of powers in relation to the executive power of government. In a minority of countries, legislatures constitute an essential part of the decision making process, while in some, they have been dominated by the executive. Also in several other cases, the legislatures are manipulated by authoritarian governments, and in a very few cases they are actually abolished or suspended, perhaps as a result of some form of military coup. The above simply highlights the dilemma of the legislative institution in comparison to an ever-burgeoning and dominate executive arm.


4. Illiteracy and Lack of Understanding of the System: The high level of illiteracy in Nigeria has also been hampering effective representation by lawmakers. Many do not really understand the responsibilities of a lawmaker. Some do not understand the differences in functions of the executive, judicial and legislative arms of government. The construction of roads, building of schools, provision of pipe borne water and other sundry responsibilities of the executive are sometimes seen as the responsibilities of the legislature. When government is seen as not alive to its responsibilities in these areas, the legislator is blamed for the inefficiencyoftheexecutive.Although,thelegislatorisalsoexpectedto bring the attention of the executive to these issues, it is not within the responsibility of the legislature to execute these projects.

5. Personal Interests of Lawmakers: Effective legislation experiences setbacks in the Nigerian context due to the personal interests of legislators themselves. There have been instances where the legislative process is delayed or hampered as a result of politically motivated oppositions tootherwisebeneficialgovernmentpoliciesorabsenceofthenumberof lawmakers that is required for a legislative process to proceed. If lawmakers do not adequately represent the interests of the constituents or fail to balance competing interests, political or otherwise, it poses challenges to effective representation.

6. Lack of Capacity or Knowledge of Legislative Procedures by Lawmakers: Insufficient level of knowledge and lack of interest in the legislativeprocess is a major hindrance to effective representation as it makes it challenging for such lawmakers to effectively make contributions on the floorofthechamber.Thisinturncanleadtoreducedlevelofconfidencein the lawmaker by constituents.

2.5 Representation and Accountabilitya. Accountability to the Legislature

Simply speaking, accountability means ‘to give an account’ of actions or policies. The concept of accountability is one of the few principles central to democratic thought, the absence of which breeds impunity.



2929

Accountability is one of the cardinal pillars of good governance and therefore key to effective representation.

In the legislative context, the need for accountability flows from thedelegation of authority by citizens to their representatives to act on their behalf. Legislative accountability can refer to the practice of the executive arm being accountable to the legislature and the latter having powers, as an elected body, to check the activities of the former. At the root of this is the doctrine or concept of oversight, which is aimed at monitoring and supervising the implementation of public policy and ensuring that the executive arm charged with implementing government policiesandprogrammescarrythemoutforthebenefitandinterestofthe citizens.

In this regard, the legislature can carry out any of the following to hold the government to account:

1. Investigation of alleged instances of poor administration, abuse of power, dishonesty, fraud, and corruption by government agencies.

2. Legislative approval of appointments by the Executive ensure that the right person with expertise and integrity of character occupy these positions.

3. Appropriation of funds i.e. power of the purse.

4. Scrutiny of government expenditure to eliminate wastage and maximizebenefitstocitizens.

b. Accountability by the Legislature

On the other hand, one can speak of the legislature’s own accountability to the public which has been described by scholars in various overlapping terms such as internal or external accountability; collective or individual accountability; and horizontal or vertical accountability.

Inthiscontext,Carey(2006:2)definesaccountabilityasimplying“…arelationship between a legislator and some other actor, or actors.” He goes on further to add that accountability means:


• that legislators are responsive to the preferences and demands of their principal(s), (principals aredefined as political actorswhocommand some measure of loyalty from legislators, and whose interests a legislator might represent and pursue in an officialcapacity e.g. voters and party leaders

• that information about legislators’ actions is available to the principal(s),

• that principals can punish legislators for lack of responsiveness.

Generally speaking internal accountability typically exists within an institution or organisation and for the legislature, it refers to formal existing structures within the institution to monitor and evaluate performance. For instance, National Assembly Committees has its standing Ethics Committees whose job is to entertain complaints about members, enforce rules regarding members code of conduct and recommend sanctions where necessary. There are also rules and procedures for measuring performance. External Accountability refers to the obligations for accountability imposed by external forces, such as investigative bodies, the courts, media, citizens and the general public.

Accountability standards of the legislature can be viewed as being collective or individual. Collective or institutional accountability refers to the situation wherein the group as a whole is held accountable for its performance. Carey (2006:148) avers that collective accountability operates primarily through political parties and requires that legislators within a political party act collectively to promote a policy agenda and that the collective performance should be evaluated by citizens. The sanction for failure of collective accountability could be loss of elections or support for a party. Individual accountability implies a more direct link between a legislator and citizens and requires that a legislator act independently of party demands. In this case, legislators respond to specificdemandsofconstituentsandcanbeheldpersonallyresponsible,for instance, in the way they vote on policies.

According to the Inter parliamentary Union (IPU), writers on accountability often make a distinction between vertical and horizontal accountability.



3131

It describes horizontal accountability as being effected by regulatory and other supervisory bodies (e.g. an electoral commission, the police, judiciary or a legislative ethics and code of conduct bodies), while ‘vertical’ accountability as being effected from below by the public.

In this regard, civil society organisations and members of the public have an available range of tools and mechanisms to keep their representatives accountable. Such mechanisms include petitions, complaints procedures, legal redress, citizens’ feedback and advocacy, and even the exercise of the right to recall their representatives. Some groups or parliamentary watchdogs have also been know to utilize tools to score and assess the performance or level of activity of members, track their work and contributions to the legislative process and disseminate same to the public.



3333

This chapter presents tips for better representation in the legislative context as a Nigerian lawmaker. A legislator can achieve better and effective representation through a number of measures. These measures include the following:

1. Increased communication with constituents. For example, motions can be regularly, properly and adequately raised when a legislator is in touch with the constituency that they represent, thereby leading to better representation of such a constituency.

The internet is a highly useful tool that politicians now utilize to interact with their constituents. Howard Dean, the Democratic Presidential candidate in 2004 used his blog to recruit volunteers and raised over 50million dollars. President Barrack Obama used the internet to out-space his rival Hillary Clinton and later John McCain the Republican candidate. His blog and social networking platforms registered over 1.5 million people who organized themselves into 35,000 groups. Lawmakers can leverage the internet through blogging to help in several ways including:

i. Recruiting new members and supporters

ii. Raising funds

iii. Debunking negative press

iv. Introducing new issues to the media

v. Receiving instantaneous feedback

vi. Conducting surveys

RECOMMENDATIONS FOR IMPROVED REPRESENTATION3

CHAPTER


2. Fundamental knowledge of the legislative process is highly necessary. Lawmakers should demand and advocate for training and capacity building to enhance their capacities for lawmaking in the best interest of constituents.

3. Capacity building. This applies both to the legislator and his support staff. Legislative aides and other support staff should be well-trained professionals who are knowledgeable in legislative affairs or trained to acquire same.

4. Regular assessment. Lawmakers could conduct period self-assessments so as to identify weaknesses and ways to overcome them. Assessments are very helpful in measuring progressing and highlighting areas in need of further capacity building.

5. Research. Lawmakers have the responsibility to conduct adequate research into the subject matter presented as bills before legislature in order to be fully aware of implications of passing such bills into laws. The utilization of aides in this case is very important.

6. Focus on result-oriented legislation. Laws that are formulated in legislature should be objective and devoid of personal interests.

7. Commitment. Lawmakers need to be more committed to their

responsibilities in the legislature and also increase the confidence of the citizensbelonging to their constituency. With increased confidence there would beincreased effectiveness as a lawmaker.

8. Internal Collaboration. Legislators should

work with other legislators to identify and develop methods to insulate the legislative process from influence and intimidation from theexecutive arm of government. Collaboration across party lines also ensures that legislative decisions have the potential of having better impact and value.



3535

9. Cultivating Relationships with Stakeholders such as Civil Society Organizations (CSOs). CSOs often possess a mandate to ensure transparency and accountability in governance. In Nigeria, several development projects have been initiated by CSOs in order to achieve their

objectives. Members of the international development community also recognize the importance of CSOs and have made continuous efforts topartnerwiththem.CSOsalsopossessstronginfluenceinNigeria’spolitical and social context. As a legislator, it is essential to identify and partner with CSOs to enhance effective legislation, oversight and representation.

Overall, it is essential for a legislature to embody the requests and demands of the constituencies represented in order to generate a sense of belonging to the polity. Other recommendations for a more effective legislature as a whole include the following:

• Thecurrentpoliticalpartystructureisinneedofreform.Specifically,it needs to be re-structured around ideological matters where personalities and tribal sentiments are of little consequence. Strong party structures and transparent democratic internal management has the potential of transforming the political process, as well as creating space for diverse groups to be represented in the party - and ultimately, in the legislative assembly.

• Following from the foregoing, Nigeria’s electoral process needs to be improved on to make it more credible. The on going effort by the legislature to review some of the country’s electoral process is commendable.

• Finally, for the lawmaker in his representative capacity to be effective, there is need for capacity development and the institutionalisation of such to carry out a transparent oversight functions. The monitoring of budget or projects execution must not be compromised by personalbenefittoMembersagainstthewishesoftheirconstituents.


Better still, in view of entrenched corruption in our body polity, it is advisable for a body or bodies independently funded be set up with a view to monitor and report government programmes and projects as fairly as possible against the backdrop of budget provisions. The need for independent funding of such body or bodies is to avoid compromises by those engaged to monitor and collate project or budget performances or execution.



3737

The making of an effective and responsive legislature goes beyond the laws creating it and the powers bestowed on it by law. For the legislaturetobeeffectiveandefficientinitsrole,itmustearnthetrustof the people it represents. Thus, a legislature, perceived by the people it seeks to represent as unaccountable or unresponsive to citizens will finditchallengingtotakedecisionsthatimpactorresonatewiththem.Nevertheless,thelegislatureinNigeriahasdevelopedsignificantlyoverthe years and only needs to embark on programmes and policies that wouldhelpbuildconfidence incitizensregardingtheirabilitytotrulyand effectively represent them. This can be made possible if legislators are more committed to their constituencies and make themselves accessible to their constituents.

Information is essential for effective performance of this responsibility hence legislators need to build their information base in order to improve the quality of representation. The use of modern information and communication technology in legislative work would not only expand the horizon of the legislator, but will provide useful comparative insights and participation by constituents in the business of legislation. This way, effective representation of constituents by representatives will be fully achieved.

CONCLUSION4CHAPTER


Ajaegbo, D. I., Ph.D. (2014). African Democratic Heritage: A Historical Case Study of the Igbo of

Nigeria. IOSR Journal Of Humanities And Social Science, 19(4), viii, 17-23.

Baskin, M. A., Ph.D. (2013). Parliamentary Representation: A Core Function. Lecture presented at

Executive Training Program for Parliamentary Staff in Albany, New York. Retrieved from http://

www.cid.suny.edu/publications1/Baskin%20Representation.pdf

Beetham, D. (2007). Parliament and democracy in the twenty-first century: a guide to good practice.

Retrieved from http://www.ipu.org/PDF/publications/democracy_en.pdf

Carey, J. M. (2006). Legislative Voting and Accountability. Hanover, NH. Retrieved from http://

investigadores.cide.edu/aparicio/refpol/Carey_LegislativeVoting&Accountability_book06.pdf

Ibenekwu, I. E. (n.d.). Igbo Traditional Political System and The Crisis Of Governance In Nigeria.

Ikoro Journal of the Institute of African Studies, 9(1&2).

Rosenthal A. (July/August 1999). The Good Legislature. State Legislatures Magazine. Retrieved

from http://www.ncsl.org/research/about-state-legislatures/the-good-legislature.aspx

Tom, E. J., Ph.D, & Attai, A. F., Ph.D. (2014). The Legislature And National Development: The

Nigerian Experience. Global Journal of Arts Humanities and Social Sciences, 2(9), 63-78. Retrieved

from http://www.eajournals.org/wp-content/uploads/The-Legislature-and-National-Development-

The-Nigerian-Experience.pdf

The 1999 Constitution of the Federal Republic of Nigeria.

REFERENCES



3939

Online Articles

Ancient Civilizations Online Textbook: The Roman Republic. (2016) Retrieved from http://www.

ushistory.org/civ/6a.asp

Representative democracy. (2017). In Wikipedia, The Free Encyclopedia. Retrieved from https://

en.wikipedia.org/w/index.php?title=Representative_democracy&oldid=784137804

Cartwright, M. (2014, October 13). Athenian Democracy. Ancient History Encyclopedia. Retrieved

from http://www.ancient.eu/Athenian_Democracy/

Birth of the English Parliament: Anglo Saxon Origins. (2016). Retrieved from http://www.parliament.

uk/about/living-heritage/evolutionofparliament/originsofparliament/birthofparliament/overview/

origins/

to legislative oversight in the national assembly 1...

Documents