By Benjamin Atu
\nThe worst nightmare to an arm dealer is for a government to
\nmake move for a peace deal. The same is true with importers.\u00a0 And today,
\nthat has become the case of the executive arm of the present
\nadministration. The move by the National Assembly to do their legislative
\nbusiness, has suddenly become a threat and a nightmare to the executive arm
\nof government who perceive the National Assembly as a spy to their
\nactivities. The work of the legislature is beyond mere talking. It also
\nincludes monitoring of the budget which is their oversight functions. A
\ndecision by the National Assembly by way of motions or resolutions should
\nbe a matter of urgent public importance that the executive must move to
\nimplement. This is because the National Assembly does their job through
\nmotions and resolutions. But today, the resolutions of the National
\nAssembly are not been implemented as expected by the executive who has
\nerroneously perceived the National Assembly as a mere talking factory.<\/p>\n
Bills and Resolutions are the legislative frame work that
\ncalls for executive actions for the purpose of making life more meaningful
\nfor our people.\u00a0 These Bills and resolutions by the National Assembly are
\nusually ignored and not implemented by the executive arm of government
\nwithout explanation. Motions have no legal force but moral force, poor
\nimplementation of these motions render the collective wisdom of the Senate
\nto naught. No matter how wonderful a Bill or Motion may be, the executive
\nalways perceived matter of urgent public importance and legislative
\nresolutions as a threat and mere expression of the opinion of parliament.
\nThis is not common in the National Assembly. Most State Houses of
\nAssembly’s resolutions has never been implemented by the executive apart
\nfrom executive Bills that emanates from the government.<\/p>\n
Since the inception of Democracy in 1999 till date, one
\ncrucial cry of the public has been the need for an effective and a truly
\nindependent legislature that has the courage to check mate the actions and
\ninactions of government. Today Like never before:\u00a0 the Nigerian Legislators
\nhas woken up to do the legislative business as it ought to be done, however
\nthe executive Cabal In the Presidential Villa has vowed to frustrate the
\nefforts of parliament by not honouring their terms of invitation. The
\nexecutive arm of government has eaten deep into the Congress such that they
\nnow perform some major task of the National Assembly. A resistance to this
\ncrude practice is the reason for the ongoing crisis between the both arms
\nof government.<\/p>\n
The executive arm of government have always perform
\nconstitutional function of the Senate. A clear example is the domestication
\nof treaties. Several treaties have been entered between Nigeria and the
\nInternational Community but such treaties were either done without the
\nknowledge of the Senate or it has never been made available to the Senate
\nfor domestication. Of what use entering into treaties with other nations
\nwhen such laws are never localise for Nigerians who are suffering to
\nbenefit from them ?<\/p>\n
Rotimi Olawale assert in his view that ” International
\ntreaties will remain mere Documents if their significant is not felt by the
\npeople in those countries.”\u00a0 ‘Over the years Nigeria has ratified several
\nInternational treaties on Environment, Violence, Child Right, Trade etc but
\nmany of these treaties are not operational in the country because they have
\nnot been domesticated, this make them ordinary document. The question could
\nrightly be ask. Whose duty is it to domesticate treaties ?\u00a0 the executive
\nor the legislature? Is it the duty of the legislature to go to the
\nexecutive to retrieve treaties ? Or the function of the executive to
\npresent treaties to the National Assembly? the Nigeria constitution will
\nassist us in answering these question.<\/p>\n
Section 12(1) of the Constitution of the Federal Republic of
\nNigeria have it boldly written that “No treaty between the Federation and
\nother country shall have force of law except to the extent to which such
\ntreaty has been enacted into law by the National Assembly.” But what we
\nhave experienced since 1999 is the signing of treaties by the executive and
\ndomesticate such treaties by themselves. A refusal to make treaties
\navailable to the National Assembly can be assumed as self domestication. As
\nat today the National Assembly have no full knowledge of the number of
\ntreaties that the Nigerian government has enter with other nations of the
\nworld. That is a major reason why we have never benefited from
\nInternational treaties. No matter how important the issue a treaty
\naddresses, it is not applicable in the Nation’s domestic law or legal
\nsystem until it is domesticated by the National Assembly.<\/p>\n
A typical example is the African Union Convention for the
\nProtection and Assistance of International Displaced Persons in Africa. The
\nConvention was adopted in October 2009. Quoting Rotimi “As of 2015 it has
\nbeen signed by 40 and ratified by 24 of the 54 Members State of the African
\nUnion. Article 5(4) specifically established the responsibilities for
\nprotection of internally displace persons whose displacement is as a result
\nof natural or human made Disaster including Climate Change. However Nigeria
\namong other nations signed and approved the ratification of the African
\nUnion’s Kampala Convention for the Protection and Assistance of IDPs in
\nAfrica on 12th April, 2012 yet this convention has not been domesticated in
\nNigeria.<\/p>\n
The National Assembly must renewed their vigor with the
\nexecutive in order to reduce the burden on the finance of the nation
\nthrough International Interventions and Assistance. “This is a critical
\nissue because Millions have been sacked in Nigeria due to Violence, and
\nClimate Change, between July and October 2012 alone,\u00a0 according to the
\nNational Emergency Management Agency (NEMA)\u00a0 in a published report
\n7.7millions out of 2.1million people were internally displaced. Despite the
\nlarge number of displacement in Nigeria and the challenges confronting us,
\nthe National Assembly is yet to domestic the Kampala Convention on IDPs. We
\nmust wake up as a nation to seek international assistance for our dying
\nbrothers and sisters.<\/p>\n
The sudden disregard for the National Assembly has become a
\nthing of concern to all Nigerians. The present administration has made us
\nto know that all Nigerians are not equal. Some are more Nigerians than the
\nothers. The SGF and the CG of Custome and others are more Nigerians than
\nthe rest of us. Even the Senate President,\u00a0 Saraki was summon to appear by
\nthe Senate\u00a0 Committee on Ethics and Public Pertitions on allegations
\nagainst him for alleged imported jeep. At his level, He obeyed the
\ninvitation to clear his name. Yet some Nigerians are above the same Senate.
\nAccording to Saraki he said ” “We must protect this Institution that is why
\nI took my time to be here to clear my name and charges against me.” Senator
\nDino Milaye was also\u00a0 accused he also humble himself and appear before the
\nsame Senate committee. If the righteous shall scarcely be save where shall
\nthe ungodly be?<\/p>\n
“Every Act Reward Itself ” The current attack against the
\nmembers of the National Assembly and religious leaders in this country has
\ntaking a demonic dimension that needed divine Intervention. This was why
\nthe Ekiti State Governor in his recent publication, urged Nigerians to
\nresist what he described as the rascality of Presidency officials who he
\nsaid are bent on destroying our hard-earned democracy and emasculating the
\nNational Assembly. The governor said: \u201cThe major difference between
\ndemocracy and dictatorship is the presence of the legislature in democracy
\nand its absence is a dictatorship\u201d, adding that efforts by this
\nadministration \u201cto hand-cuff the National Assembly is a subtle plot to
\nfoist full-blown dictatorship on Nigerians. He therefore charged Nigerians
\nto resist such development, saying: \u201cIn doing so, we shall be defending our
\ndemocracy and we shall also be defending ourselves and generations of
\nNigerians yet unborn. This democracy cost us a lot in blood and sweat. The
\nlabour and sacrifice of the heroes and heroines of our democracy must not
\nbe allowed to go in vain\u201d, he said.<\/p>\n
As a Media practitioner,\u00a0 we may not have the power to
\nphysically speak but our Poisonous Pen will do the talking for us. Bob
\nNester Marley said “You can fool some of the people all the time and all of
\nthe people some of the time but you cannot fool all the people all the
\ntime. Stand up for your right. It is only in Nigeria that I have seen that
\nit is wrong to stand up for your right. Simply because the 8th Senate stood
\nfor their right and refused to be rubber stamp Senate that is the reason
\nbehind all these attack and unnecessary investigation to unearth the past
\nof Senators. Those who are paid to embarrass others should remember the
\ngreat words of the American Philosopher\u00a0 and Poet Ralph Emerson who said
\n“Every Act Rewards itself. The longer the reward is withheld, the better or
\nthe worse for you Because compound interest upon compound interest…….”<\/p>\n
Martin Luther King Jr once lament “If a man is call to
\nSweep Street he should Sweep Street.” The only way the legislature make
\ntheir laws is by talking and deliberation but Nigerians woke up recently
\nwith a surprise that the a member of the Buhari cabinet wrote a letter
\ndirecting the Senate by drawing a limitation for them to obey.
\nThe fact that the previous Senate was rule by the executive doesn’t give
\nthe current executive the power to write to the Senate. Not even a
\npresident of a country can determine the agenda of an independent
\ninstitution of government like the National Assembly. It is the same thing
\nas writing a letter to the Chief Judge of a court to direct him or her to
\ndeliver what you have written\u00a0 as his judgement for a case based on your
\ninterest.<\/p>\n
According\u00a0 to the Nigerian Constitution, “Whatever the
\nNational Assembly is empower to make laws on, it is also empower to
\noversight. That singurla sentence brings all Nigeria Institutions under the
\nNational Assembly of Nigeria. This is because the National Assembly is
\nEmpowered to amend the Constitution and the Constitution define the
\nlimitation of all government Institutions. If the office of the Custome CG
\nand the SGF or Attorney General are not operating under the Nigerian
\nConstitution, then they can disregard the Senate and we own them apologies
\nbut if the laws by the Senate includes them, then the Senate has power on
\nhow to execute their oversight functions without interruption of any kind
\nfrom the executive arm of government. These negligence by the presidential
\ncabal is leading the Senate to take\u00a0 a drastic decision that will stop the
\nappointment of politicians in holding public office. The general public is
\nnow going to suffer the offense of a cabal. We must try to separate the sin
\nfrom the sinner.<\/p>\n
The ongoing decision by the Senate to pass Public Service
\nEfficiency Bill to allowed civil Servants head government agencies and
\nparastatarls should be re- considered very well. I have nothing against the
\npublic service but civil servant are worst and more corrupt than the
\npoliticians. Though public service is one of the most sustainable
\nInstitution of government, it has played and still playing major roles in
\nsocial economic development. However the reputation of public service have
\nsuffered from public trust and confidence in government.<\/p>\n
In one of his many speeches Former President Olusegun Obasanjo
\nlamented about public service that “Members of the public had to bribe
\ntheir way through in ministries and parastertals to get attention and one
\ngovernment agency had to bribe another government agency to obtain the
\nrelease of their statutory allocation of fund.\u00a0 The impact of official
\ncorruption is bad and has earned Nigeria bad name both home and abroad ”
\nThe immigration saga that cause the death of many Nigerians, many civil
\nservants made millions from the death of others. Currently in Nigeria the
\nonly way to get job is to pay money to a civil servants. Risk that a
\nminister will be afraid to take, the lowers rank public servant will take
\nthat same risk without considering any implications. A confirm civil
\nservant fear no one because he or she has attain the status of a mini god.<\/p>\n
The Nigerian Senate should indeed consider the implications of
\nof the Public Service and Efficiency Bill once again. Rigid and uncritical
\napplications of principles to the affairs of government by civil servants
\nhas created setbacks in giving value to government investment on projects.
\nTruancy and the incident of blundering officials has eaten deep into our
\ncivil servants. Lateness to work, absconding from work, deceit, stealing
\nand hiding of files for various selfish reasons are detestable art that
\nwill characterise the service at the executive level if that Bill is pass.
\nIt is the civil servants in most cases, that usually teach the political
\nclass how to thief and steal government fund.<\/p>\n
The National Assembly should not forget in a hurry that the
\nappointment of politicians in government agencies is also one of the ways
\nto settle political party members for their hard work during election.
\nCivil Servants cannot build Institutions without the political will and
\nforce of a Politician. The timid nature and I don’t care attitude of most
\npublic servants will affect the performance of government if they assume
\nthat status. The public are all aware that government is not a good
\nbusiness man and that is because civil servants are not good Managers.
\nTherefore to effectively build our public service institution, we must
\nstart by making the public service more attractive through computerisation
\nand training beyond daily routine\u00a0 that has weakened the sense of reasoning
\nof most public servants through poor human development.<\/p>\n
As noted by Oweh,\u00a0 “Those opposing the National Assembly should
\ngo and improve on their marketing skill because no amount of black mail,
\npropaganda or arm twisting tactics by the executive will make the Senate
\ncompromise their stand in fighting corruption in\u00a0 the ministries and
\nagencies of government”. These are indeed tension soaked times for the
\nNation. Once we get it right now we are on our way to become part of the
\nWorld powers but once we fail in building our Institutions now, we may be
\nreturning to the dispensation where we are coming from. Oliver Goldsmith
\nsaid “All Change is not growth and all Movement is not forward” If the
\nInstitution that represents our symbol of democracy is disregarded by those
\nwho ought to know it’s Worth, it means we are back to dictatorship. If this
\ncontinues,\u00a0 the nation may be perching on the horns of dilemma, and anarchy
\nmay be looming because Centripetal and Centrifugal Forces are Contesting
\nfor the Soul and Direction of Nigeria.<\/p>\n
In their recent debate at the Red chamber, the Deputy whip of
\nthe Senate and the Senator representing Edo North Senator Francis
\nAlimikhena explain how Magu has been allegedly terrorizing senators. He
\naccuses Ibrahim Magu of sponsoring media scandals against senators.
\nAlimekhena alleges that since the Senate rejected Magu\u2019s confirmation, he
\nhas resorted to terrorizing members of the upper chamber. The senator says
\nPresident Muhammadu Buhari will be undermining the nation\u2019s democracy if he
\nkeeps the EFCC chairman in acting capacity”<\/p>\n
Finally before I drop this poisonous pen that may have offended
\nmany, I wish to apologize to as many I may have offended by my opinion.
\nThomas Carlyle said “Purpolar opinion is the greatest lie in the world ” I
\nalso wish to call on the National Assembly once again both the House of
\nRepresentatives and the Senate to establish a strategy to make their
\nMotions and Resolutions more forceful and give it necessary bite. The
\nbudget of government agencies, ministries and parastertals that failed to
\nimplement the National Assembly resolution should be reduced and critically
\nlooked into to serve as warning to others. Time frame should be given to
\nministries to implement National resolutions or be summon to explain the
\nneglect on the resolutions as it affects them. If this personal opinion of
\nmy is reinvigorated I believe the Senate and the House of representatives
\nwill be given more regards and restore their pride of place where the Both
\nchambers will no longer be seen as a mere talking factory who express
\nparliamentary opinion.<\/p>\n
Written by Benjamin Atu
\n08038847596
\npanationalassembly@gmail.com.
\nPersonal Assistant to Deputy Whip Of Senate. Wrote from Abuja.<\/p>\n
Below is the picture of the National Assembly.<\/p>\n","protected":false},"excerpt":{"rendered":"
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