FREE THE NATIONAL ASSEMBLY

Those who had hoped that a Jonathan Presidency may facilitate a functional and constitutionally-prescribed relative autonomy of the Legislature from the stranglehold and suffocating interference of the Executive will be bitterly disappointed with on-going efforts to stamp the influence of the Executive over the leadership tussles of the Legislature. Reports of the deep involvement of President Jonathan and the leadership of the PDP in the selection processes of the President of the Senate and the Speaker of the House of Representatives, as well as other Principal Officers of the two chambers suggest that the nation is not likely to see the Legislature operate with the autonomy and integrity which was envisaged and prescribed for it by the Constitution.  Without this, our democratic system will be severely limited in its function and impact, and both the Executive and Legislative arms will continue to compromise each other, to the detriment of healthy, inter-arm relations.

          The Constitution of the Federal Republic of Nigeria has made adequate provisions for the autonomy and interdependence of the three arms of government. Although no man-made system works perfectly, at the most minimal level, the Executive is meant to implement laws made by the legislature, while the judiciary adjudicates on disputes. All three arms depend on each other on many vital areas, and this makes the achievement of harmony in their relations, and respect for each other, vital in the manner the democratic process functions. Any encroachment on an essential function of one or two of them by the other will represent an abuse of the democratic process, and an assault on the right of Nigerians to enjoy the full benefit of the system.

          The rather public and less-than-dignified maneuvers to ensure that Senator David  Mark is retained as Senate President cast a rather dim light on the integrity of the upper legislative chamber. The President’s hands showed very clearly in the efforts to ward off the opposition to Senator David Mark, and it will be difficult not to assume that at some stage in the life of this Senate, the President of the Senate will feel that he owes his position to Mr. President, and not to his colleagues. Even given the dominance of the PDP Senators, the game could have been played with greater sensitivity and decorum for the importance of the upper chamber and the need to maintain some semblance of autonomy of the Legislature. There are also many non-PDP Senators who have a right to have their say, even if not their way, in the emergence of their leaders. The PDP’s intolerance for intra-party democracy appears to be reaching and influencing the legislature. This is dangerous for our democracy, and unacceptable in a country which desperately needs to break away from its past, when a powerful President decided what happened in both chambers.

          If what happened in determining the Presidency of the Senate is regrettable, what appears to be happening in the House of Representatives is condemnable. Since the conclusion of the elections of the 9^th of April, 2011, very powerful forces linked to Mr. President, or having his ear, have attempted to impose a leadership on the House of Representatives. Many groups have sprung up among the members to resist this attempt, particularly since the zone from which the favored leader hails from has only a few members in the House. The effort is also supposedly being masterminded by former President Obasanjo, who, during his time, had made the imposition of Senate Presidents and Speakers of the House of Representatives a personal pastime. Many old and new members of the House will resist this latest foray by a former President who in any case has lost political control of his immediate constituency.

          The attempt to change the rules by which leaders of both Chambers will be selected or elected is an abuse due process, and a violation of the right of legislators to elect their leaders. The raging controversy over financial matters under the former Speaker is sufficient grounds to make the case that the executive arm should distance itself from the efforts to manipulate the emergence of the leadership of the National Assembly by Mr. President and the PDP leadership.

          President Goodluck Jonathan should start his administration with sincerity and a transparent respect for constitutionalism. The only reason why the executive arm will fight to determine the leadership of the legislature is to limit its effectiveness to check the excesses or abuses of the executive arm. Nigerians want to see all elected officials do their work as their mandate demands. President Jonathan should respect the will and wish of Nigerians.