ABSTRACT
The
necessity of building a workable synergy and desirable relationship between the
forces of government both at the levels of executive and legislative systems
towards ensuring democratic consolidation lies at the heart of this
research.The Fourth Republic came into existence in 1999, this came after a
long period of military interregnum. Democracy was highly embraced by all with
expected hope it will deliver good dividends and socio-economic development.
But not far into the Fourth Republic, the body polity became overheated by lots
of challenges namely: corruption, electoral abnormalities, politics of
godfatherism amongst others. Also the relationship between the executive and
legislature, have been one of a cat-mouse game, especially with the frequent
change of leadership especially during the Obasanjo’s second coming as a
civilian president. These relations between the executive and legislature have
contributed to democratic consolidation both positively and negatively in
Nigeria. This is what the researcher has in mind to contribute to the existing
body of knowledge showing how cordial relations between the two arms can help
in democratic consolidation as democratic consolidation is a process and not an
achievement.
CHAPTER ONE
INTRODUCTION/BACKGROUND OF STUDY
Governance is imperative
for the social, political and economic progress of every country and is
indispensable for the achievement of the noble objectives of a state (Fabbrini,
1995; Oburota, 2003; Ogundiya, 2010). Governance is viewed in terms of process
and structure. Thus, Gill (2002) views it as the processes, structures and
organizational traditions that determine how power is exercised, how
stakeholders have their say, how decisions are taken and how decision-makers
are held to account. Ogundiya (2010) in a very concise and succinct manner sees
governance as consisting as consisting of two essential elements of the state,
namely, the structure of the state and the procedures of the legislative,
judicial, executive and administrative bodies at all tiers of government.
Today, democracy is the dominating form of
government in the world, its rivals have “either disappeared, turned into
eccentric survival, or retreated from the field to hunker down in their last
strongholds” (Dahl, 1998).
Democracy originated more
than 2,400 years ago in Ancient Greece. Democracy as a system of government is
one in which the citizens exercise power directly or elect representatives to
form a governing body such as a parliament or in the case of Nigeria the
National Assembly. It is sometimes referred to as the “the rule of the majority”.
The principal purposes for the establishment of democracy by the people are the
protection of their rights, interests and welfare. In a democracy there are
usually three principal arms or organs of government which are the executive,
legislature and the judiciary but we will limit this study to the executive and
legislature and the relationship between them. In a democracy, the executive
carries out or implements the laws made by the Legislature. Maduabuchi (2001)
and Andre (1994) agree that while the executive as a form of government is
responsible for policy formulation, evaluation and execution to realize set
targets, the legislature enacts laws and make the same functional as instrument
of cohesion in the society.The belief here is that all the levels of
government, be they executive, legislature and judiciary, each of them may not
necessarily subsist without the other meaning that each organ of government is
mutually reinforcing and contingent upon the success or failure of the other.It
goes further to say that there is no political moose in the practice of the
specifications and injunctions of the Nigerian constitution just as there is no
secret cow in the dispensation of justice in all its ramifications. The
executive is therefore seen as the appendage and embodiment of the legislative
arm just as the judiciary as the third arm is seen as the arbiter of the two
(Ekhator, 2003; Bade, 2000).
The rancor and bickering in
the First and Second Republic culminated into years of military interregnums
and usurpation of the reins of governance from the arms of government
especially the Executive and Legislature, and denied them the opportunity to
grow and mature over time in their relationship together.
For a democracy to mature
(expected to endure) the political actors must accept the legitimacy of
democracy and no actor must seek to act outside democratic tenets, institutions
etc. The political actors which we focus on here in this case are the executive
and the legislature. The necessity of building a workable synergy and desirable
relationship between forces of government at the levels of both executive and
legislature lies at the heart of this research. The tendency however is to
enhance good, cordial relationship in the executive and legislative arena so as
to institutionalize the tradition of best international practices so as to
engender democratic consolidation.However, it is interesting to note that the
Nigerian political system since her independence in 1960 has grossly known no
peace considering the high level of feud orchestrated by political figures in
the country thereby either over-heating the already tensed system or at best,
running the Nigerian entity more or less like a private estate. At the dawn of
its political independence, international attention had shifted to Nigeria as a
country that would possibly make giant strides toward sustainable democracy and
good governance, development in Africa. Such hopes were not misplaced, given
the human and natural resources abundant in the country. Paradoxically, Nigeria
plunged into conflicts, which have rocked the foundation of the country since
independence due to the foundations as well as consolidated deficient social,
economic, political and developmental structures laid from the beginning, arising
from the colonial origin of the Nigerian state. The parliamentary system of
government that was in place in the First Republic Constitution bequeathed to
Nigeria enthroned a system of shared power between the Prime Minister and
President and no complete separation of power between the Executive and the
Legislature (Dudley, 1982; Nwabueze, 1985; Momoh, 2000; Akinwumi, 2004).
The restoration of civilian
rule in Nigeria on October, 1979 after thirteen years of military rule also
brought with it the “Washington model” of executive presidential and
gubernatorial government and Nigeria turning its back on the Westminster model.
The presidential system adopted was modeled after that of the United States of
America. It was also predicated on a presidential single executive system of
democratic governance. There was provision for a clear separation of the roles,
personnel and powers of the executive and the legislature capable of harmonious
inter-organ relations as well as ensure the independence of the legislature so
as to enhance the performance of both the executive and legislative organs of
government (Dudley, 1982; Fasugba, 2009).
The new 1999 Constitution
of the Federal Republic of Nigeria came into force with effect from the 29th
of May, 1999, the date of the military handover of governance to a
democratically elected civilian regime. The document was largely based on the
1979 presidential constitution, with some amendments. Following the adoption of
the presidential system of government in Nigeria, therefore no one arm of
government is superior to the other; neither is any subordinate to the other.
In essence, there was a separation of powers and a system of checks and
balances which is very central to a democratic system of governance which
Nigeria professes to adopt.
The relationships between
the legislature and the executive are one of the key defining characteristics
of the functioning of any political system (Kopecky, 2004). It is central to
the constitutional and political system of any territory and has been at the
forefront of parliamentary debate in recent times (Winetrobe, 2000). These
relationships are complex, depending on a range of formal and informal
practices. The constitutional prerogatives vested in legislatures and the
executive are, of course, most important because they structure the
interactions between the two powers (National Democratic Institute (NDI),
2000). However, numerous informal rules and conventions, such as the customs
concerning nomination of members of the cabinet following an election,
practically precedent, habit and the influence of political parties are very
important as well (Bernick&Bernick, 2008). Constructive relationships
between the executive and the legislative arms of government are essential to
the effective maintenance of the constitution and the rule of law (Holme,
2007). In recent years, however, the character of these relationships has
changed significantly, both because of changes in governance and because of
wider societal changes. Analysis of these relations will bring to the limelight
the nature of legislature-executive relations, the factors engendering such
relations with a view to bringing to the fore valid modalities for improving it
and ensuring democratic consolidation. This research examines the dynamics,
nature, causes and consequences of the relationship between the two arms and on
democratic consolidation in Nigeria’s Fourth Republic 2007-2017.
STATEMENT OF THE PROBLEM
The legislature and the
executive in the presidential system adopted by Nigeria are each vested with
some defined activities of government. In many respects joint efforts and
collaborations are constitutionally required in the exercise of their powers.
The nature of these relations between the executive and legislature in the presidential
system has over the years, attracted wide variety of viewpoints both about
conflict and cooperation, whether one or the other dominates and what benefits
or liabilities result from either. Some see the conflict between legislature
and executive as necessary and a beneficial precondition to limiting and
controlling government (Madison, 1992; Magil, 2001). The principle of
separation of powers is one unique feature of a democracy. At the same time,
the branches are expected to serve as checks on each other as a preventive
measure against absolute or abuse of power. The relationship between the
executive and legislature is imperative to the maturing of democracy which is
what democratic consolidation basically means. For democracy to deepen the executive
and the legislature have very important roles to play.
Unfortunately in Nigeria
today this relationship has sometimes threatened or hampered democracy and its
consolidation especially with the actions of members of both the executive and
legislature, some of these actions will be highlighted in this study. The
relationship between the executive and the legislature in Nigeria has been
characterized by mutual suspicion, distrust, political rivalry
(Nwannekanma&Ogbodo, 2010). Despite the provisions in the 1999 constitution
aimed at rectifying the problems identified with these relations in preceding
republics, managing these relations has been the single most problematic issue
both at the Centre and the state level since the country’s return to civil rule
in 1999.
It is therefore imperative
to examine the nature of the legislative-executive relations in fostering
democratic consolidation. This research therefore investigates the nature of
the relationship between the two branches of government at the Federal level
regarding the consolidation of democracy
RESEARCH QUESTIONS
The questions that this
study seeks to address are:
1.
Does the interference in
legislative processes by the executive undermine cordial relationship between
the executive and legislature?
2.
Did the absence of cordial
relationship between the executive and the legislature weaken democratic
consolidation?
OBJECTIVES OF THE STUDY
The aim of this study is to
examine the relations between the executive and the legislature in fostering
democratic consolidation in Nigeria’s Fourth Republic between 2007 and 2017.
Following this goal, the specific objectives to be pursued in this study are:
1.
To assess the issues of
executive interference in legislative process
2.
To assess if the absence of
cordial relationship between the executive and the legislature tends to weaken
the consolidation of democracy
RESEARCH HYPOTHESES
The research hypothesis of this research is as follows:
H1: absence of cordial relationship between the executive and the
legislature weakens the consolidation of democracy
H2: undue interference in legislative processes by the executive
undermines cordial relations between them
SIGNIFICANCE OF STUDY
This research has significance both theoretically and practically.
Theoretically, the study will add to the existing body of knowledge already in
existence on the relations between the executive and the legislature especially
in Nigeria. It will also discuss the issue of democratic consolidation in
Nigeria and its linkage with the relations between the executive and the
legislature.
Practically, this dissertation will provide information to scholars,
students who research into the relations between the executive and the
legislature, and also on democratic consolidation in Nigeria.
The findings will also be of immense benefits to stakeholders in the
political landscape of Nigeria and also members of both the executive and the
legislature in Nigeria.
Finally, this study will serve as a springboard towards continued
research in executive-legislative relations, democracy and its consolidation in
Nigeria.
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