Legislative Oversight Functions in Nigeria. Odyssey of Hunters becoming the Hunted

AuthorKazeem Olusola Amusa
PositionSenior Lecturer, Department of Public Law, Lagos State University
Pages79-95
JURIDICA
79

Legislative Oversight Functions in Nigeria
– Odyssey of Hunters Becoming the Hunted
Amusa Olusola KAZEEM
1
Abstract: Objectives: The trust of this researc h is to locate the l egislative oversight functions as a
key element in promoting accountability and transparency in Africa, view through Nigeria
perspective. Prior work: The paper is anchored on the concept of separation of powers as it
addresses an essential legislative role in ensuring checks and limitations on the exercise of executive
powers. Approach: The research is basically observation, analytical and comparative. Results: The
research shows that s ince 1999, the legislative body in Nigeria has been wobbling from one sleaz e to
another because of misuse of oversight functions, thus undermines democratic governance.
Implication: This study contains useful information on the practice of legisla tive oversight which can
stimulate academics and researchers to undertake further comparative research on this topic. Value:
The work made several suggestions which include the need to overhaul democratization process in
Nigeria as there is nexus between the failure of the legislature to dutifully discharge its oversight
functions and inherent incapacity of those elected into office.
Keywords: accountability; good governance; legislative oversight; congressional investigations;
corruption,transparency
1. Introduction
No issue dominates Nigerian political space and legal discourse in recent time than
deluge of probes instituted by the legislative arm of government at Federal level on
activities of Ministries, departments and agencies of government in the exercise of
its constitutional oversight functions.
2
Curiously, rather than attract commendation,
the practice of oversight functions by the legislature has brought opprobrium,
ridicule and generally blot the image of legislative arm of government in Nigeria.
1
Senior Lecturer, Department of Public Law, Lagos State University, P MB 0001, Lasu, Ojo, La gos,
Nigeria. Phone: 01-8547264. Corresponding author: solyamusa@yahoo. com.
2
Section 88 of the Constitution of Federal Republic of Nigeria 1999.
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Since the return of democracy to Nigeria in 1999, the legislative body has
prominently put into use its legislative oversight functions.
Administrative accountability and transparency is at its low ebb in Nigeria. Civil
servants deliberately distort government policy in application where it does not
favour them or they apply l aws unfavorable to their interests in a manner which
undermines good governance. (Owasanoye,
,
2001)
Corruption thrives in Nigeria because of active connivance of administrative
officers and corporate executives to undermine social progress by diverting public
funds for their personal use. The net effect is that the state has been converted to
personal estate of some people. They disburses financial resources with little or no
restriction or obligations of accountability and with utter disregard of laid down
financial regulations or budgetary controls, breeding in the process utter
indiscipline in the expenditure of public funds and of course corruption.
Admittedly, the legislative body had set up several probes through its various
committees to check this trend, but in most cases, its ability to oversight the
activities of executive arm of government have been call to question. The thrust of
this paper is to assess the implications of the legislature’s failure to establish an
effective oversight function on the executive arm of government in Nigeria. The
paper will examine how crucial the oversight function of the legislature can be
used to halt corruption and rot in the executive arm of government, with a view to
grow and deepen democracy in Nigeria. The paper is divided into six parts Part
One is introductory while Part Two examines the theoretical framework
underpinning the work. In Part Three, the nature of legislative oversight function
was discussed, Part Four examines the various probes instituted by Federal
legislators in Nigeria in the exercise of its oversight power and in Part Five,
reviews experiences from United States which has similar legislative oversight
functions. The paper was concluded in Part Six.
2. Theoretical Perspective
Consideration of the constitutional structure shows that legislative oversight
function naturally flows from the manner in which the constitution allocates and
separates power among the three branches of government. The Constitution of
Nigeria 1999 is anchored on the principle of separation of powers, which provides
for division of government powers among three institutions, to wit; legislature
1
,
Executive
2
, and the Judiciary. (Ezeoke & Makarfi, 1982, p. 663, p. 609)
1
Sec. 4 of the Constitution of the Federal Republic of Nigeria 1999.
2
Sec. 5 ibid.

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