CHAPTER ONE

1. INTRODUCTION

1.1   BACKGROUND OF STUDY

One of the major challenges which Nigeria had to contend with since independence was the hangover of the British parliamentary system of government where some members of the legislature were assigned ministerial portfolios under the principle of collective responsibility. Ever, since then, the essence of synergistic roles between the executive and the executive had become instructive.

However, the rancor and bickering that characterized the First and Second Republic culminated into years’ military of interregnums and usurpation of the reins of governance by the two arms of government, which denied them the ample time to grow and mature over time in its relationship. This is why the framers of the 1979 constitution moved to guard against the friction of British parliamentary system and adopted American presidential system anchored on the principle of separation of power.

Thus, a bicameral legislature-The Senate and the House of Representatives came into being after the 1979 elections. Perhaps, due to effective control of the leaderships of the two arms by the then ruling party (NPN), there was no rampant cases of executive-legislative feud in the Second Republic era. The legislature in the botched Third Republic obviously had no impact because of the sit-tight disposition of the then Head of State, Gen. Ibrahim Babangida, and the annulment of June 12th 1993 presidential election that would have ushered in a democratically-elected president, hampered the work of the National Assembly already in place.

Amadi (2015) captured the picture of the era when he succinctly argued that: The Senate under Babangida was pure hogwash, not because the politicians were not prepared to make it work, but because Babangida put up a long list of legislative nogo areas which resulted in the virtual incapacitation of the upper house of the so called Third Republic Senate”. The implications are more obvious today.

With the return to civil rule in 1999, there were high hopes that the lessons of the past would be brought to bear in the executive-legislative relations. Under the presidency of General Olusegun Obasanjo, National Assembly had feud relationship with the executive arm. It manifested in the frequent change of leadership in the two chambers of National Assembly, especially the Senate. For instance, tinkering with executive bills and proposals were seen as affront to the executive. The military psyche that pervaded the landscape over the years, hardly gave way for enthronement of true democratic ethos.

However, since 2007, the executive-legislative relations had significantly improved. This is evident in the stability in the leaderships of the two chambers of the National Assembly, while hitherto threats of impeachment that became part of the Assembly’s business have fizzle out. That does not mean that there are no areas of conflict but it appears the two arms have rediscovered their complementary roles in governance.

The three organs of government, though separated in functions, they interrelate in the execution of their functions to ensure accurate checks and balances which could help to promote good governance and bring in dividends of democracy to the citizens. In actual sense, it is the executive that dictates the tempo of government and the speed with which development occurs. The Legislature however, occupies a prime position in the Constitution as the distinctive mark of a country’s sovereignty.

At the grassroots level, local governments were established as a third tier of government to bring governance closer to the people at the grassroots level. To achieve the objectives of local government in Nigeria, the Presidential system of government as obtained at federal and state level was bequeathed to the local councils. There we have the Chairman as the Chief Executive conferred with the power of policy implementation. He is assisted by elected/appointed members i.e. Vice Chairman and Supervisory councilors.

The second arm of the council is the Councilors who constitute the legislative arm. They elect leaders among themselves to direct the legislative business of the council on issues affecting the council area similar to what is obtainable at the Federal and State level i .e. National and State Assemblies. To be able to efficiently and effectively achieve the desired objectives for which local governments were established, there is need for collaboration and harmonious working relationship between the two arms.

1.2   STATEMENT OF THE PROBLEM

The legislature and the executive in the presidential system adopted by Nigeria are each vested with powers over some defined activities of government. In many respects, joint efforts and collaborations are constitutionally required in the exercise of their power. This is to enhance the performance of the organs, ensure harmonious inter-organ relations and guarantee the independence of the legislature (Dudley, 2015 & Fasagba, 2016).

The nature of legislature-executive relations in the presidential system, however, has over the years, attracted wide variety of viewpoints both about conflict and cooperation, whether one or the other dominates, and whether benefits or liabilities result from either. While some see legislature-executive conflict as a necessary and beneficial precondition to limiting and controlling government others view it as contributing to gridlock over major public policy decisions, thus making government ineffective. The relationship between the legislature and the executive in Nigeria has been characterized by mutual suspicion, acrimony and political rivalry. Finally, several researches has been carried out on the legislative-executive relations in Nigeria’s presidential democracy but not even a single research has been carried out on legislative, executive relationship and the challenges of good government in Nigeria (2015-2019).

1.3   AIMS AND OBJECTIVES OF STUDY

        The main aim of the study is to examine the legislature, executive relationship and the challenges of good government in Nigeria (2015-2019). Other specific objectives of the study include;

1. to determine the factors affecting legislative, executive relationship and the challenges of good government in Nigeria.
2. to determine the effect of challenges of good government on the relationship of the legislative and the executive arms in Nigeria.
3. to determine the relationship between the legislative and the executive and their effect on good government in Nigeria.
4. to proffer possible solutions to the problems.
   1. RESEARCH QUESTIONS

1      What are the factors affecting legislative, executive relationship and the challenges of good government in Nigeria?

2      What is the effect of challenges of good government on the relationship of the legislative and the executive arms in Nigeria?

3      What is the relationship between the legislative and the executive and their effect on good government in Nigeria?

4      What are the possible solutions to the problems?

1.5   SIGNIFICANCE OF STUDY

        The study on the legislative-executive relationship and the challenges of good government will be of immense benefit to the entire Nigeria in the sense that it will search for a harmonious relationship between the executive and the legislature is a continuous one for in every human relationship, there must always be reasons for disagreements. What however makes for the success of a government is its understanding of the rules necessary to prevent such debilitating conflicts and the means of resolution of conflicts when they arise in order to avoid a breakdown of governance. In this vein there is need for Enlightenment Programmes on Executive-Legislature Relations; Collaboration between the Executive and the Legislature; Observation of the Principle of Separation of Powers; Effective Oversight Function and Independence of the Legislature and its Leadership. Finally the study will contribute to the body of existing literature and knowledge to this field of study and basis for further research.

1.6   SCOPE OF STUDY

        The study on the legislative, executive relationship and the challenges of good government is limited to Nigeria.

1.7   DEFINITION OF TERMS

Legislative:  Having the power to make laws.

Executive:  Relating to or having the power to put plans or actions into effect.

Relationship:  The way in which two or more people or things are connected, or the state of being connected.

Challenge: Dispute the truth or validity of.

Good:       Better than average.

Government:   A government is the system or group of people governing an organized community, often a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary.