Before delving
into the subject matter of discuss, it is very pertinent to know what is
legislation first, the term legislation simply refers to the formulation &
determination of polices having legal consequences on members of the society.
These policy decisions are most often expressed in legislature from and when
communicated to the society in know legislation.
Following from
the above premise, it surfixed to be asked what legislature do? The legislature
is an arm or organ of government, which has the traditional role of making law
for peace, order and good governance of the polity, be it dependent or independent one. That is to say
that we have two types legislature, which are to unit:
(1) Bicameral legislature
(a) The National Assembly
(b) The House of Reps.
(2) Unicameral legislature
(a) State House
Bicameral refers
to a process or act of carrying out legislative functions by the two chambers in
a country, which include the upper and lower chambers. America presents a
classical example of bicameral legislature
Unicameral meant
a chamber, hence, in France it is often called the chambers of deputies, while
in Israel it is called Knesset.
Functions
of the Legislature
Generally, legislatures perform the
following functions:
1. Making Laws: this is perhaps the most conspicuous
and primary role of the legislature. That is, they can alter the existing laws
to come to terms with natural or state exigencies, the power to amend and even
repeal outrightly existing legislations.
2. Control of Funds: the legislature
approves any financial proposal initiated by the executive. It also determines
the amount and nature of taxes that can be imposed by the executive via S.
120(1) of the (1999) Constitution of the Federal Republic of Nigeria, (as
amended).
3. Oversight
function /Investigation: the parliament
under section 88 and 89 of (1999) constitution, as amended, (federal).
Section 128 and 129 (1999) constitution, (state), can conduct
investigations into any affairs of the government which they have power to make
law on. This will lead to invitation of the president or governors or other top
government officials to appear and make explanations. The parliament in this
regards, may take evidences and examine witnesses as if it is an ordinary court
of law.
4. Criticism of National Policies: the
legislature in exercising the powers conferred on it by the constitution
criticizes the National Policies of the government rendered by the executive.
This serves as
an impetus, which gingers the executive arm of government to improve on its
National & international policies. This legislative role also keeps the
executive arm of government in check.
5. Approval of Appointment: (a) the
appointment of persons as ministers, by the president, commissioners by the
Governors can only be effective if comfirmed by the senate and House of
assembly respectively (section1472and1922(1999)
Constitution, as amended. Such appointment must reflect federal character or
state spread Section 14 (1999) Constitution, as amended.
Curiously these
sections enjoin local governments to recognize this criterion of geographical
spread of appointments. In like manner,(c) the appointment of special
advisers both federal and state level must have the blessing of the parliaments(d). The parliament shall determine their number
and allowances, section 1512 & 1962 (1999)
constitution, as amended. Through the law or mere resolution. The parliament
has less function here like the case of ministers/ commissioners who must be
screened before they are deemed appointed. It is an attempt to check and
balance the powers of the executive by the legislature. (e)The
Federal Commissioners, Councils whose chairman and members appointment must be
confirmed by the senate. The same applies to chairmen and members of these
bodies in the state, section 198 (1999) Constitution, as amended. Confirmation
of appointment of Ambassadors, High commissioners or other principal representatives
of Nigeria, abroad. Section 1714 (1999) constitution, as amended.
Curiously, the
constitution does not require confirmation of the appointment of the secretary
to the government, Head of service and Permanent Secretaries at both federal
and state levels by the parliaments. This may breed abuse of power as The Chief
Executive may notwithstanding section 144 (above) make appointment in
these portfolios to the detriment of other sections of the country.
(6) Declaration of War.(a)
The legislature also determines whether the president can successfully declare
was against other country, as such
declaration must be approved by a joint session of the National Assembly(S.54a
(1999) constitution, as amended) (b)the armed forces of the country
cannot be deployed outside (Nigeria) without the approval of the senate Section
54b (1999) Constitution, as amended. Although, this is subject to
one exception and that is when!. “National security is under imminent danger or
threat in which case the president can deploy the solders and seek the consent
of the senate within seven days.
7. Control
of activities:
8. Power
of questioning:
9. Amending
the constitution
10. Power
of impeachment
THE EXECUTIVE ARM
The
Executive Arm: The executive refers to the arm of government charged with the
responsibility of executing, enforcing laws, rules, polices and programmes of
the government. It is daily at work, carrying out all the decisions of
government. This arm of government at the federal level does not only include
the president and his cabinet who exercise control over government polices and
programmes, but also the permanent secretaries, directors, executive officers,
police and armed forces etc.
Similarly,
the executive arm of government (be it at the state or federal level) is
usually made up of three main groups of institutions. Those include; the
cabinet, departments (usually refereed to as ministries), and a class of
institutions often referred to as government agencies, which include government
boards, corporations and department.
The
cabinet is usually the nerve centre of the government. In Nigeria, the cabinet
is usually composed of ministers of the federal level and commissioners at the
state level.
Functions
of the executive
1. Initiation
of bills: the executive initiates bills and submits same to the legislature
in form of government or public bills through the majority leader or House
leader. This is a legislative act though, performed by the executive.
2. Defending
Appropriation: The executive defends the appropriation or spending of money
contained in the budget before the legislature.
3. Signing
of Bills: though, the law making power is the function of the legislature;
no law making process initiated by the legislature is complete without the
assent and the gazetting of the same by the executive, section 585
(1999) Constitution, as amended.
4. Legislative
Exercise: The executive engages itself in legislative duties such as
dissolution of the legislature, delineation of senatorial districts and constituencies,
and the control of legislative time table. Thus, section 64(3) and 105(3) of (1999)
constitution, respectively provides for the dissolution of the legislative upon
a proclamation by the president or a governor of a state, depending on the
legislative house to be dissolved.
5. Exercise
of Prerogative Power of Mercy: This is a judicial act that the executive
often uses to grant, pardon a person convicted of a crime created either by a
federal or state law. Thus, Section 212 of the (1999) constitution.
6. Execution
of government programmes
7. Appointment
8. Co-ordination
of control
9. Control
of the armed forces
10. Economic
planning and whole lots of others.
Considering the
context of this presentation (the interplay between the legislature and executive
in the implementation of bye-laws) vis-Ã -vis the position of the legislature
and the executive arms as highlighted above, running down to the activities in
the Local Government Council where bye-law is obtainable or enforced. The Legislature (The Hon councilors),
the Executive (the executive chairman/supervisory councilors e.t.c) in the
implementation of bye laws. Curiously, when you talk about bye-law and
implementation of it, you are only talking about bills that have legal
consequences already existing in the local government system made by the
councilors as a bye law, then implementation simply means to effect, to carry
out or enforcement.
SENAGIES
1. Initiation
of bills: Bills are initiated by the executive (The executive chairman and
Co), submitted same to the legislature (the
Hon, councilors), reason being that following the demand of the electorate or
the led from the law makers, it is obviously that the areas covered by the
legislators or lawmaking bodies might not suffice the immediate areas the
people needed to be attended to. Hence, the welcoming idea of the executive
generating a bill to the lawmakers, although it is solely a legislative work.
2. BUDGETING:
The executive prepares income and expenditure in every financial year as a
budget to the lawmakers for considerations and signing same into law and this
is a provision of the law, in the invent of disagreement between these bodies
or arms the system will be stagnated.
3. SIGNING
OF BILLS: After a legislative processes of passing a bill or when the
lawmakers finished passing a bill and the executive refused consent, it will
cause a delay, but, after 30days, it will be repassed by 2/3 majority and it
will become a law, section 585 (1999) constitution.
4. IMPLEMENTATION/OVERSIGHT
FUNCTION: The executive arm through its agencies implement budget and
polices of the government, but, to ensure proper implementation of the budget
and other governments policies, the lawmakers in its over sight function,
guarantees proper implementation through
the oversight section 5.81 & 121 (1999) constitution, and whole lot others.
CONCLUSION
Notwithstanding
the uncompromising nature of doctrine of separation of powers, it is important
to stress that no government can function if the separation of power is left
water tight. Hence, the linter play between the legislature and the Executive
in the functions of government duties.