A Publication of CISLAC Vol. 1 No. 2. November 2006 2007 … · 2016. 3. 18. · Legislative...

Legislative Digest, Vol 1 No. 2. November 2006 1

A Publication of CISLAC Vol. 1 No. 2. November 2006

2007 Election: Civil Society worriedstakeholder’s forum on elections2007 organised by Action AidInternational Nigeria who said

By Boniface Kassam that the march to civilian-civiliantransition in the countryappeared cloudy and bleak if thetrend continued.

Participants at the secondforum which was put together bythe office of the HonoraryPolitical Adviser to the Presidentand the Special Assistant to thePresident on Public Affairs on thesubject of ‘Credible Elections andDemocratic Sustenance’ insistedthat the success of the electionswould have social, political andeconomic implications for the restof Africa, given Nigeria’sleadership role on the continent,as well as for Nigeria’s image andrating in the global community.

They, therefore, agreed thatco-operation betweenGovernment and civil society aswell as other stakeholders in thecountry is required as no singleinstitution or sector can ensurethe conduct of free, fair andcredible elections in 2007. Theparticipants also agreed that theendless blame game, which hascharacterised the relationshipbetween the Government andcivil society organisations, isunhelpful and cannot help tomove the country forward. Everyeffort should be made on the partof all Nigerians to re-establishour collective faith in credibleelections.

The Action Aid international’sforum, which took place atSharon Ultimate hotel, Abuja on

Cont’d on Page 3

President Olusegun Obasanjo

Cont’d on Page 3

With support from USAID (ADVANCE Project)through a grant from PACT–Nigeria.

PACT-Nigeria gets new country Rep.PACT-Nigeria, a manage-

ment partner of the UnitedStates Agency for InternationalDevelopment (USAID)

ADVANCE project is now undera new leadership following theresignation of the formerCountry Representative,Maisha Stroizer.

The new CountryRepresentative, Eve Thompson,who took over in October thisyear, has worked as a managerand consultant on variousinternational projects in theMiddle East, South America andAfrica in the areas of leadership,democracy and governance andhuman rights.

Before then, she had alsoserved as a Resident SeniorProgram Manager for National

The Nigerian civil society isexpressing alarm over what

it calls a cloudy preparation for2007 general elections.

At two separate forapenultimate week, civil societyNGOs and other stakeholderslisted the poor preparations forvoters’ registration exercise, theabsence of candidates as well aslack of issue-oriented campaignless than four months to theelections as issues to worryabout.

First set of civil societyactivists to put the issue in thefront burner were theparticipants at a one-day

Eve ThompsonCountry Rep. PACT-Nigeria

2 Legislative Digest, Vol 1 No. 2. November 2006

T he National Assemblyrequires an independent

analytic unit that can provideinformation to put thelegislature on a more equalfooting with the executive. Thisis the logic of a legislative cuminstitutional bill now pendingbefore the National Assembly.Promoted and supported by theUS based National DemocraticInstitute and temporarily calledNational Assembly Budget andResearch Office, (NABRO), thisnew office is expected to be anautonomous resource centrewith capability to simplifycomplexities, provide forecasts,new trends and professionalsources of Budget information.The assumption is that it will filla gap in researched andindependent fillers that wouldtransform the legislature into amore functional one whosebudgetary politics connectsspending with a grand strategysuch as the Medium TermExpenditure Framework, MTEFas well as links allocation withservice delivery.

With an estimated 50-60 %turn over of the presentNational Assembly, promoters ofNABRO consider it an importantchallenge to get it over quicklyas a foundation for the Nationallegislature that should hopefullycome into life by June 2007.

The NABRO initiativeAt the November 24-26th,

2006, NDI/World Bank/NationalAssembly Technical Workshopon this bill, it was further arguedthat since the essential works ofthe National Assembly is done bythe Committees and not at thePlenary Sessions, the primacy ofan autonomous departmentstaffed with knowledgeable andwell trained elements to servicethe Committees ought to be self-evident. And that no existingstructure in the NationalAssembly bureaucracy performsthat role of the engine room ofNational Assembly Committeesat the moment.

These, on the surface, aresound arguments andjustifications for the bill. Butthere is need to point outobvious problem areas before itis absolutely too late. One sucharea would be the question ofthe grand orientation in whichthe staff of the unit would beschooled. Would that be thenationalist argument or thetechnocratic wisdom of theinternational financialinstitutions? How would theconflict between the populism ofmost politicians and theinsensitive technicism of suchbureaucrats be reconciled, bywhom and at what cost to theordinary Nigerian people. Whyis a Budget analytic unitconsidered more primary than a

unit that does grand thinkingand strategic analysis for theNigerian national legislature?Although the Budget is the mostcrucial responsibility of theNational Assembly, thatparticular responsibility must beinformed by the core national andterritorial integrity interests.Which institution analyses trendsand forecasts for the NASS in anera of rapidly changing nationalsecurity variables whichconventional politicians do nothave the time to research andanalyze but which members of theNASS, as an arm of governmentof the Federal Republic ofNigeria, is a vital actor.

The assumption is thatspecialized training will preparethe potential staff of NABRO fortheir role but how is it possibleto create and sustain an islandof exceptionalists in a sea ofdecadent authoritarianism andcorruption? Won’t this be awasteful replication of existingefforts in institutionaldeterminism?

Finally, what of the Policy,Analysis and Research Project,(PARP), which approximates thestrategic thinking unit that anambitious national legislatureneeds in today’s world? PARPwas a tenured agency but it canbe reformulated into such a unit,with NABRO as a special sub-unit of it.

Editorial Board

Adagbo OnojaIbrahim EgboliAdoga UgagaMedina DaudaBoniface Kassam - Editor

Secretariat Staff

Auwal Musa (Rafsanjani) – Executive DirectorBoniface Kassam – Program/Media OfficerAmber Ngodoo – AccountantAbimbola S. Okoilu – SecretaryJosephine Alabi – Resident VolunteerEzenwa Nwagu – Resident Volunteer

Editorial Comment

Oversea Liaison

Tobias Eigen – USAOlly Owen – UKMorten Hagen – UK

A Publication of Civil Society Legislative Advocacy Centre (CISLAC) with support fromUSAID (ADVANCE Project) through a grant from PACT-Nigeria.

CONTACT ADDRESS: No. 5 Mahathama Ghandi Street, off Shehu Shagari Way, by Bullet Garden, Area 11Garki, Abuja-Nigeria. Tel: 234-08033844646.

website: www.cislacnigeria.org email: [email protected], [email protected]


Tuesday, 7th November 2006 wasaimed at enabling civil society toforge platforms to organise andengage the changing dynamics aswell as the challenges oforganising credible elections.

The goal of civil societyengaging and monitoring thecurrent electoral processes,involving both the preparationsof INEC and the activities ofpolitical parties and candidatesaccording to the forum, was toensure that; the government iscompelled to conduct the 2007elections as scheduled, as underno circumstance will theNigerian people accept atruncation of the process, thatthe elections are credible, free,fair and non-violent, that votersdo not only count; there shouldbe a linkage between electionsand the questions of mandateand that there should beincreased representation ofwomen by ensuring that partyprimaries and nominationprocesses are transparent andfair to both men and women.

The civil society also resolvedto among others to engage theelection management body

Cont’d from Page 1

2007 Election: Civil Society worried

News

(INEC), using the limited spaceprovided by the body especiallyin building partnership with civilsociety for credible 2007elections, engage oppositionparties at the national and locallevels as strategic partners inensuring free, fair and credibleelections in order to make thevotes to count, engage the processand organise civil populationaround constitutional andelectoral issues, using variousplatforms, and create platformsfor political parties to discussissues, such as people centred

governance, the attainment ofthe Millennium DevelopmentGoals, affirmative action, andother social and economic issues.

At the end of the forum thecivil society group called on theIndependent National ElectoralCommission (INEC) tocommence manual registrationsimultaneously with the ongoingelectronic voter registration as aback-up, monitor electionfinances of candidates andpolitical parties to conform to theprovisions of the Electoral Act.

That government should alsotake the electoral processseriously and demonstrategreater commitment to it, ensuretimely release of funds to INECto boost its operations, prosecuteelectoral offenders, ensuresecurity agencies do not play apartisan role in the election andprovide effective supervision andoversight for INEC through theappropriate bodies such asNational Assembly.

To political parties, the forumurged them to monitor theelectoral process to ensure dueprocess and the impartiality ofINEC, develop people-centredmanifestation which are widelypublicised and accord due

Democratic Institute forInternational Affairs in GuineaBissau. There she directed theimplementation of a legislativestrengthening program aimedat enhancing the capacity of thenational legislature of GuineaBissau to operate effectively asa third branch of government.

Prior to her service in theMiddle East, South Africa andGuinea Bissau, she had alsoserved in the Washington, DC asStaff Attorney of the SouthernAfrica Project of the Lawyers’

PACT-Nigeria gets new country Rep.Committee for Civil Rights underLaw. In that capacity she workedprimarily as a Human Rightsadvocate presenting testimony tothe United States Congress andthe United Nations based on fact-finding missions to South Africa.

She is the author of the firstUN Leadership Academy AlumniPaper: “Leadership in SouthAfrica: How Long Does aRainbow Last?” She also editedthe Joint Center Publication;‘Guaranteeing a Future for SouthAfrica’s Youth’.

Cont’d on Page 10


Participants during the stakeholders forum on 2007 elections organised by ActionAid International Nigeria recently.


The Chairman of IndependentNational Electoral

Commission (INEC), Prof.Maurice Iwu says that eligibleNigerians would be allowed toregister with the Commissionbeyond December 14 deadline.

“The December 14 deadline isnot iron cast. The Electoral Actsays that we must stopregistration 120 days to the dateof the first election, after whichwe will display the voter ’sregister,” he said in an interview.

He explained that after thepublic display of the register,those whose names were not onthe list would have up toFebruary 14 to exercise theircivic responsibility.

On calls for the adoption ofmanual registration due tohiccups in the electronic exercise,Iwu said that INEC wascomplimenting the electronicregistration with a manualregister.

“We are having a dual trackmethod. We have a manual

Voter registration:

December 14 not iron cast -INECregister alongside the computerregistration. But if anybodythinks that we can use the 2003register for the 2007 polls heshould forget about it,” he said.

The INEC Chairman who saidhe would want to be rememberedas the person who conducted themost transparent and credibleelections in the history of Nigeria,however, complained over theshortfall in the release of moneyto the Commission by the FederalMinistry of Finance.

“We agreed with the NationalAssembly to a budget of N31billion for the successful conductof the general elections, but I amsurprised that the Ministry ofFinance came up with the figureof N26 billion,” he noted.

Commending the House ofRepresentatives for raising analarm over cash shortfall to theCommission, Iwu advised thatthe Ministry of Finance and othergovernment departments shouldbe made to know that anappropriation act was a law.

“Nobody can tamper with suchlaw. The application of the lawis our problem. The due processshould be applied in anintelligent manner,” he said,adding that INEC needed fundsto pay utility bills and rent.

He added that theCommission was reforming thecountry’s electoral process toavoid violence, the use of moneyto buy votes and voter apathy, aswell as the involvement of womenand the elite in the process.

On internal management ofthe country’s political parties, theINEC boss disclosed that theCommission had devised astrategy to check corruptionwithin their ranks.

“The Commission put in placean elaborate plan on how tomonitor party administration inthe country, through our PartyAdministration and Cost ofelections (PACE) unit,” he said.

News

Prof. Maurice Iwu, INEC Chairman

By Ibrahim Egboli

T he Federal House ofRepresentatives on

Wednesday, 14th December,2006 outlawed the use of theDirect Data Capture (DDC)machine for the voterregistration exercise for 2007elections.

This decision was taken bythe law makers after a reviewof the exercise which they fearedmay dis-enfranchise legiblevoters in the forthcomingelections.

Consequently, the House

passed amendments to theElectoral Act that would allowregistration to continue until 60days to the conduct of theelections.

Though, the amendmentsmust go before the Senate andbe approved by the Presidentbefore they become law, therepresentatives ordered theIndependent National ElectoralCommission (INEC) to revert tothe use of manual registrationfor the conduct of the 2007elections.

Revert to manual registration – Reps


The Senate CommitteeChairman on Media and PublicAffairs who was also the Senatead-hoc Committee Chairman onthe Freedom of Information, FOIBill, Senator Victor Ndoma-Egba(SAN) has assured that the FOIAct would promote accountabilityin government by public officerswhen it becomes operational.

The FOI Bill was passed bythe upper legislative chamberWednesday, November 15, 2006unanimously and is awaitingpresidential assent after which itwill become an Act of parliamentand enforceable on the land.

While presenting the reportbefore its passage, senatorNdoma-Egba, Chairman of theAd-hoc Committee on the FOIBill noted that the objective of thebill was also îto give the generalpublic a right of access to recordsand information held by publicinstitutions.î He also said the Actwould ensure the availability of

public records to citizens of thecountry as of right and would inturn facilitate more informedparticipation in public discourse,formulation and administrationof policies and that it would alsocomplement governmentísanticorruption efforts.

The FOI Bill was one of theExecutive Bills forwarded by Mr.President to the NationalAssembly in 2004. It wasreferred to the Senate Committeeon Information headed bySenator Tawa Umbi Wada. Withtheir desire to pass the bill beforethe expiration of the legislativeyear, it was given to an ad-hoccommittee to have a second lookand facilitate a faster passage onMarch 14, 2006.

With the passage of the FOIBill, the Official secret Act willremain abrogated when the FOIAct becomes operational and allclassified information anddocuments will be de-classified.

Other members of the Ndoma-Egba ad-hoc committee were,

Senators Timothy adudu, NuhuAliyu, Jibril Aminu, OlorunfemiMamora, Udoma Udo Udomaand Tawa Umbi Wada.

Other countries which havesimilar laws are: South Africa(Access to Information Act 2000);the United Kingdom (Freedom ofInformation Act, 2000); and theUSA (Freedom of Information Act1966, (amended in 2002).

FOI Act will promote accountability – Sen. Ndoma-Egba By Adoga Ugaga

PACT-Nigeria evaluates partnerssaw in attendance twenty oneparticipants drawn from twelvepartner organisations. It wasput together to review how wellthe following set objectives havebeen achieved; strengtheninstitutional capacity of CSOs,increase CSOs capacity foreffective advocacy andstrengthen CSO-GONpartnership to fight corruption.

In his welcome remarks,Mallam Ahmed Mohammed ofPACT-Nigeria said the meetingwas aimed at evaluating theprogress of implementation andsetting a new agenda based oninput from the partners, addingthat the role of bothimplementing and technical

PACT-Nigeria under theADVANCE project of

United States Agency forInternational Development(USAID) recently organised a

stakeholders’ evaluationworkshop for its partners.

The workshop, which tookplace from 18 – 19th October2006 at Hamdala hotel, Kaduna

News

From left: Prof. Victor Adetula of University of Jos, Sabrina Attwater, SeniorTechnical Adviser, PACT headquarter and Ahmed Mohammed, Grant Manager

of PACT–Nigeria during the evaluation meeting Cont’d on Page 7

Senator Victor Ndoma-Egba (SAN)


Opinion

Sudanese telecommunicationsmogul, Mo Ibrahim recently

announced a five million dollarreward for any African leader thatdemonstrates good governance, aspart of his contribution to theenthronement of democracy in thecontinent.

Templates for the award,according to the London basedmillionaire include improvededucation, higher infrastructurelike roads, transportation, betterliving standards and credibleelections, among others.

It is true that many of thecountries in Africa, includingIbrahim’s home of birth, Sudan arein deep crisis occasioned by theabsence of democratic culture.Most elections in Africa have comeunder close scrutiny by theinternational community, whosechecks have always given theprocess low marks due to massiveirregularities like themanipulation of voter registration,doctoring of election results, theuse of violence to outpaceopponents and all sorts ofinducements to influence theoutcome.

Back home in Nigeria, the officeof the Special Presidential Envoyon Conflict Resolution on October27 held a national merit award tohonour public officers whodistinguished themselves in thearea of good governance.

Gov. Jolly Nyame of Taraba gotthe national merit award foraccomplished and mostoutstanding public office holder.The event was packaged incollaboration with the SenateCommittee on States and LocalGovernment Affairs.

Nyame was given 32 seater and18 seater buses in appreciation ofhis contribution to goodgovernance in Taraba state,including sustenance of peaceamong divergent groups in hisdomain, ambitious water projectsin Jalingo, Wukari and Zing.

The Head of Service of Tarabastate, Mr. Anthony Adda and his

Celebrating Democracy by other meansAbia state counterpart, Mr.Uchenna Emezue got the mostoutstanding head of service award,including a trophy and an 18seater bus each.

Other recipients of the dayincluded Katsina state PermanentSecretary for Local Governmentand Chieftaincy Affairs, Alhaji AbuKarofi, the Chairman of Kankiyalocal government of Katsina, AlhajiBashir Kaita and his counterpartfrom Ideato North council of Imostate, Mrs. Obiageli Igwe.

The rest recipients of the bestlocal government chairmen award

entire people of Taraba, sayingthat “since we work as a family inTaraba state, this importantrecognition is an award for thepeople.”

PDP presidential aspirant andformer Information Minister, Prof.Jerry Gana, who spoke at theaward ceremony, praised thewinners of the event, saying thatit showed that Nigeria washeading for the next stage in itsdemocratisation process.

He urged the people in positionsof trust to always carry theelectorate along, adding that “thepeople matter most in ademocracy.”

On the other hand, the classicaldefinition of democracy impliesthat political actors offerthemselves in the service of theircommunities.

This means that public servicein a civil rule should be seen as aresponsibility which has terminaldeadline like the election cycle.Any form of inducement such asrewards for good governance is apractice at variance with thescientific meaning of democracy,especially judging the fact thatresources used by electedrepresentatives for projects arepublicly owned. Except you wantto praise a parent for caring for thewelfare of his kids.

However, because of thepeculiar political terrain in Africaand the fact that some electedpublic officers have the penchantto perpetrate themselves beyondtheir terminal cycle, we shouldseek more Mos as part of ourpressure to get governments inAfrica to embrace peace, fair andtransparent electoral process.

One is confident that PresidentOlusegun Obasanjo of Nigeria willmake the first set of beneficiariesof the Sudanese national’s largessefor upholding the people’s verdictduring the 2007 polls.

Again, more public recognitionsshould be staged to showcaseperforming elected officers tosanction those who do not work forthe benefit of the electorate at thelocal, state and federal governmentlevels.

By: Ibrahim Egboli

were Mr. Charles Adeduro of OndoEast in Ondo state and AlhajiNafiu Garba of Faskari in Katsinastate, while the minority leader ofAnambra state House of Assembly.Mrs. Njideka Igwe got theoutstanding legislator award.

On the award bestowed on himas the best governor in the country,Nyame noted that it was arecognition of good performancethat was intended to spur theawardees to greater challenges.

“This award coming at thiscritical time when we are atanother stage of our transitionfrom one civilian regime to anothermeans that we will be spurredwhile others who are notrecognised are challenged to workharder,” he said.

He dedicated the award to the

Rev. Jolly NyameGovernor, Taraba State


News

As part of the strategies toensure successful voter

registration embarked upon bythe Independent NationalElectoral Commission (INEC)barely two months ago, theNational Orientation Agency(NOA) recently trained its statedirectors and non-state actorspartners on grassrootscommunication and advocacyefforts towards the exercise.

The one-day capacity buildingprogramme held at Rock viewhotel, Abuja with the theme:Towards effective communicationand advocacy strategies for asuccessful voter registrationexercise was aimed atharmonising strategies forgrassroots participation in theexercise in order ensure nationaluniformity, expose participants tothe mechanics of the exercise so

NOA trains directors on voter registrationBy Josephine Alabi

that they can empower Nigeriansfrom 18 years and above toactively participate in theexercise, to provide a platform forNOA and INEC to shareinformation so as to build acommon platform for cooperationand partnership and to facilitateunqualified success for thisunique and scientific INECinitiative.

The Executive Director,Political and Civic Education, Dr.Lanre Adebayo gave the openingremark which was followed by awelcome address by the DirectorGeneral, Alhaji Idi Farouk whosaid the training was timelygiven the challenges that the2007 election has posed. Hetherefore challenged participantsto take the training seriously, asefforts were on to ensure thatcredible elections are conducted.

A total of three papers werepresented at the three technicalsessions. These were; the

challenges of voters’ registrationand the need for participationwith and support for INEC, byDr. Hakeem Baba Ahmed,Representative governance andpeople’s power: the foundationrole of the voters’ register, by Ven.Dr. Sola Igdari and SheikAbubakar Sadeeq.


Mallam Idi FaroukNOA Director-General

partners was highlyappreciated.

He further pointed out thatit was because PACTencourages participatorydevelopment that partners wereinvited to contribute to thereview and preparation of a newagenda. He also used theopportunity to informparticipants that a new Chief ofParty for PACT was appointed.

While delivering onmanaging for results withUSAID, the Chief of Party,MEMS, Patricia Rainey, saidthat USAID’s interest intracking result was backed byan Act: GovernmentPerformance and Result Act,

1993. This, she added wasintended to shift the focus ofGovernment officials andmanagers from program inputstoward program execution. Thefocus therefore was to measurethe results (outcomes andoutputs) being achieved and howwell programs meet expectedobjectives.

According to her, Managing forResults requires long-term goals,annual performance targets andannual reporting of actualperformance. It simply dealswith planning to monitor results,collecting and analysingperformance information to trackprogress towards plannedresults, using performanceinformation to assist

programmatic decision-makingand resource allocation andcommunicating resultsachieved.

After the assessment ofpartners under the ADVANCEproject, partners accepted theproposed change andrecommendation that currentactivities be mainstreamed intoelection program. Three keyareas for possible interventionwere therefore identified whichinclude; advocacy and oversightof agencies managing theelections voter education andawareness and the actualElection Day monitoring. Thesewill cover: pre-election, electionand post-election at state,regional and national levels.

PACT-Nigeria evaluates partners


PHOTONEWS

A cross-section of participants at the recent public hearingon Fiscal Responsibility Bill organised by a Joint Committee

of House of Representatives and Senate.

Aminu Bello Masari, Speaker, House of Representativeschatting with the Country Representative of National

Democratic Institute (NDI) during the presentation of Codeof Conduct for Parliamentarians.

Learned Dees, representative of the American Ambassador speaking at a national seminar on “The Legislature andDemocracy in Nigeria’s Fourth Republic: Towards a balance Sheet” organised by CISLAC in 2006

Hon. Aminu Bello Masari, Speaker, House of Representatives declaring the public hearing onPublic Procurement Bill open recently


PHOTONEWS

Patricia Rainey, Chief of Party, USAID, MEMS making apresentation at the PACT-Nigeria Partners evaluation meeting.

Ojobo Atuluku, Deputy Country Director, ActionAidInternational Nigeria addressing participants at thestakeholders’ forum on 2007 election.

Former Speaker, Plateau State House of Assembly, Hon Simon Lalong flanked on his left by Hon. Adejare Bello, Speaker,Osun State, Auwal Musa Rafsanjani, Executive Director CISLAC and on his right, Hon. Mohammed Dantani, Speaker,

Kebbi State at a training workshop on budget process for National and State Assemblies held in Abia State.

From left: Hon. Sa’ad Bello, representative of Plateau StateHouse of Assembly Speaker, Prof. Asobie Asisi of Transparencyin Nigeria, Auwal Musa Rafsanjani, Executive DirectorCISLAC and Bose of USAID during the stakeholders summiton Solid Minerals held in Jos



regards to the fundamentalobjectives and DirectivePrinciples of State Policy as wellas International developmenttarget such as the MillenniumDevelopment Goals, mobilise thepeople, especially their members,to take part in the on-going voterregistration exercise andparticipate effectively in otherstages of the electoral processand discourage their membersfrom engaging in electoralviolence and other forms of anti-social behaviour in the conductof their campaigns and theelections.

In conclusion, they also urgedthe security agencies to ensureorderly and violence freeelections and put measures inplace for the prosecution ofelectoral offenders.

That urgent step should betaken to begin a process ofcollaboration between theGovernment and civil societyorganisations in Nigeria as wellas other stakeholders. TheGovernment and civil societyorganisations should findcommon grounds forcollaboration, which should bebased on mutual understanding,and respect for the role of eachside of the partnership. Theelections should also beconducted in accordance with theprinciples of gender equity andfair representation for women inelective and appointive politicaloffices.

The second forum organizedby the Offices of the HonoraryPolitical Adviser to the Presidentand the Special Assistant to thePresident on Public Affairsbrought together participantsfrom the Federal Government,leaders of political parties,leaders of civil societyorganisations, representatives ofLabour, the media, the Judiciary,security agencies, among others.It was aimed at developing a

strategic, mutually supportivepartnership to ensure thesensitisation, mobilisation andempowerment of the Nigerianpeople for credible elections andsustenance of democracy; and tobuild public trust and support,develop creative means andstrategies that broaden anddeepen the knowledge of theNigerian people on electoralprocesses and procedures.

The opening ceremony of theConference was chaired by theChairman of the IndependentNational Electoral Commission(INEC) and was addressed byChief Akin Osuntokun,Honourary Political Adviser tothe President; Mallam Nasir el-Rufai, Minister of the FederalCapital Territory (represented byhis Chief of Staff, Alhaji BalarabeAbbas Lawal); Mr. OlawaleFapohunda, Chair of theAdvocacy Committee of theElectoral Reform Network (onbehalf of national NGOs); Mr.Derrick Marco, Country Directorof the Institute for Democracy inSouth Africa (on behalf ofinternational NGOs; Dr. EmilRapcea, Ambassador of Romaniato Nigeria (on behalf ofdiplomatic missions); ProfessorIwu; and Mallam Uba Sani,Special Assistant to the Presidenton Public Affairs.

The Conference broughttogether participants from theFederal Government, leaders ofpolitical parties, leaders of civilsociety organisations, repre-sentatives of Labour, the media,the Judiciary, security agencies,among others. It was aimed atdeveloping a strategic, mutuallysupportive partnership to ensurethe sensitisation, mobilisationand empowerment of theNigerian people for credibleelections and sustenance ofdemocracy; and to build publictrust and support, developcreative means and strategiesthat broaden and deepen the

knowledge of the Nigerian peopleon electoral processes andprocedures.

At the end of the conference,participants agreed to thisCommunique and make thefollowing recommendations:

For Civil SocietyOrganisations:

On the part of civil society,there needs to be a change inmindset in its attitude towardsthe Government, which isfrequently characterised bysuspicion. Criticisms ofGovernment programmes andactivities should be constructiveand should be conducted in a civilmanner to create a conduciveenvironment for the resolution ofdifferences.

Civil society organisationshould act as watchdog of theelectorate, the election mana-gement body, the political parties,the government and otherpolitical stakeholders. Theyshould scrutinise the platformsand programmes of politicalparties, the activities of theelection management body, thepronouncements and activities ofcandidates to ensure that thepublic interest is well served.

Civil society organisationsshould familiarise themselveswith the provisions of relevantlegal instruments and documentsfor the conduct of the elections,particularly the Electoral Act2006, so that their comments andactivities will be based onaccurate awareness of theposition of the law with regardto all aspects of the electoralprocess.

Civil society organisationsshould consult among themselvesto develop a Code of Conductwhich will guide their activitiesduring the electoral process andbeyond. Such a Code of Conductshould commit civil societyorganisations to avoidingpartisanship or narrow ethnic orpolitical sentiments.

2007 Election: Civil Society worriedNews


News

Civil society organisationsshould also serve aswhistleblowers, providinginformation to the government,including the relevant lawenforcement and securityagencies, about violations ofelectoral laws, particularlyprovisions relating to politicalparty campaign finances.

Civil society organisationsshould engage with INEC with aview to finding ways in whichthey can enhance the work of theelection management body,particularly in the civic educationand voter enlightenment. In thisregard, the decision to establishan INEC-Civil Society Liaisonoffice is hereby recommended.

Civil society organisationsshould commit themselves toobserving the elections inaccordance with the Code ofConduct developed by theIndependent National ElectoralCommission in consultation withcivil society organisations. For the Government,including the IndependentNational ElectoralCommission:

At the root of the cynicismabout the ability of theIndependent National ElectoralCommission to conduct free, fairand credible elections is theperception that members of aparticular political partydominate the electoral body. TheFederal Government shouldconsult with other politicalparties with a view toconstituting a more balancedelection management body.

There should be a clear andeffective communication strategyto ensure public awareness ofgovernment’s programmes andactivities as well as its intentions.This will involve ensuring that aframework exists for civil societyorganisations and otherstakeholders to crosscheckinformation. This will reducespeculations about the intentionsof the Government and eliminate

the current anxiety amongmembers of civil society about theterminal date of the presentregime. In this regard, theparticipants welcome thepassage of the freedom ofInformation Bill by the NationalAssembly.

The Government and itsagencies should continue tocommit themselves to the rule oflaw and the path ofconstitutionalism. Anyarbitrariness can undermine thebasis of constitutional democracywhile respect for the rule of lawis essential in building confidencein the electoral process.

The Government and INECshould also guarantee a levelplaying field for all contestantsin the electoral process. This willinclude ensuing that incumbentsto the disadvantage of otheractors do not use the machineryand facilities of government.

A credible voterís register iscrucial to the successful conductof the elections. In this regard,INEC should take urgent stepsto correct the obvious lapses inthe ongoing voter registrationexercise. Should this proveimpossible, INEC should revisitthe Voters Register used for the2003 elections and update it withthe data it has been able togather from the ongoing exercise.

The Government should

establish in consultation withcivil society organisations aNational Endowment forDemocracy from which civilsociety organisations can drawfunds to finance their activities,including training domesticelection observers. This willreduce civil society dependenceon external funding to carry outtheir activities, a situation thathas raised anxiety on the part ofthe Government.

The Government shouldconsult with civil societyorganisations to develop andadopt clear guidelines andprinciples for assessing thecredibility of the elections, whichtake into account thepeculiarities of the Nigerianenvironment, while at the sametime ensuring that they complywith regional and internationalstandards for the conduct of freeand fair elections.

Government and civil societyrepresentatives hereby agree towork together with mutualunderstanding to ensure theconduct of free, fair and credibleelections in 2007 and thesustenance of democracy inNigeria. In this regard, theparticipants agree that thereshould be follow- up conferencesto assess progress of thepartnership and strategies forstrengthening it.

From left: Prof. Maurice Iwu, INEC Chairman, Alhaji Balarabe Abbas Lawal,Chief of Staff to FCT Minister and Chief Akin Oshintokun, Honorary Political

Adviser to the President.


Discourse

Presidential democracy is aptly characterised bythe principles of separation of powers of the

executive, the legislature and the judiciary. Theprinciple of the separation of powers therefore formsthe bedrock upon which our type of electoraldemocracy rests. The functions of each arm ofgovernment is spelt out explicitly in the constitutionof the federal republic of Nigeria.

The 1999 constitution despite its imperfections isunequivocal in terms of the way and manner powersof the three arms of government, both at the federaland state levels, are exercised.

While the executive is essentially vested with thepowers of establishment of administrative bodies,appointment into offices, in designing of policies andprogrammes and allocation of revenues, thefundamental responsibility of the Legislature isbasically in two key areas: making laws andoversight. The judiciary is primarily responsible forinterpreting the laws of the federation to the extentof its consistency to the constitution.

However, the relationship between the executiveand the Legislature is not always rosy, given thenature of the specific demands of their responsibilityand calling. In the first term of the current head ofstate, for instance, the relationship with theLegislature was, for most times, characterised byrancour, with each organ of governance viewing theother as an obstacle in the smooth running of itsfunctions. But in the second term of theadministration of H.E., President Olusegun Obasanjothere has been better appreciation andunderstanding between the executive and theLegislature. I believe it is the logic of the separationof powers, specifically the requisite demands of thenature of powers conferred on each organ that isresponsible for conflict of interests between theexecutive and the Legislature in the processes oflegislation. This conflict of interests seems to begrounded in our nascent democratic culture becauseof the peculiarity of our political history.

Illustratively, the tendency for the executive tobe a little bit autocratic in the pursuit of its dutiesand functions might perhaps not be unconnected withour political experience under military dictatorship.However, the spirit of democracy is creeping into thedemocratisation processes of our social institutionsand structures. In fact, the way the issue of theElectoral Bill, the Constitution Amendment Bill, theAppropriation Bill, and indeed other important Billsare handled by the lower and the upper Chambersof the National Assembly are a testimony to the factthat, against all odds, the Legislature is graduallyasserting its autonomy. And, in autonomousLegislature is the sine qua non of a healthydemocratic culture the world over.

CHALLENGES OF PRESIDENTIAL DEMOCRACYBy Hon. Aminu Bello Masari

The cost of presidential democracySome people may say that the presidential system

of government is not suitable for Nigeria because itis too expensive. I beg to disagree in that regard,and might as well add that any system that does notfulfil the basic demands for the well being of thepeople is likely to cause more harm than good andwill indeed be too costly in monetary terms and inthe index of social progress.

Thus, when we talk of a context (socially,historically, economically and geographically) and asystem of governance, we are presuming that to anextent that context and system are largelyharmonious.

In fact, the nature of the complex Nigerian terrainmakes the presidential system the most apt for thecountry. The various identities and culturalgroupings must be adequately represented from thelocal government level, to state level and centralgovernment. The presidential system allows moreelbow room for negotiation, for dialogue, forpotentially accepting the multiple voices that makeup the Nigerian polity. Often those voices not onlyhave their say, they also have their way.

The recent contentions on amending theconstitution is a clear testimony that Nigerians andtheir representatives in the National Assembly donot want particularly elongation of tenure. On thisscore the National assembly leadership andPresident Olusegun Obasanjo concurred, and thewinner has not been any of the camps for or against

Hon. Aminu Bello MasariSpeaker, Federal House of Representatives


Discourse

the amendment (especially the controversial clauseon tenure elongation), but democracy and the peopleof Nigeria.

The lesson I have drawn from the imbroglio of theconstitutional amendment and its peacefulconstitutional resolution is that both the executiveand Legislature are alert to their responsibilities inrelation to the constitution and to the wishes of thepeople. It also means that our democratic polity isbeginning to acquire the necessary resilience (aresilience always present in the Nigerian people) andmaturity. This gives me cause to be extremely happythat Nigeria is truly on the path to stabilising andmaintaining democracy.

But while I am happy that our democracy hasproven its resilience, I am a little apprehensive thatgenerally, the majority ofNigerians, the commonpeople, are yet to fully enjoythe fruits of our democraticendeavour. This is what hascome to be called thematerial ‘dividends’ ofdemocracy. Thosedividends are food, healthand infrastructure,especially in the rural areaswhere the majority ofNigerians live.

One of the key issues ofmodern democracy, whichwe in Nigeria are aspiring to, is not only theguarantee of abstract rights, but the manifestpositive change in the quality of the life of thecitizenry. Herein lies the major challenge of ourdemocracy: the parallel guarantee of human freedomand material upliftment.

The dividends of democracyAnother peculiar challenge is the role of the

Legislature in securing the dividends of democracy.The Legislature within the context of the presidentialsystem is supposed to enact laws for the good of thecountry. It does so together with the executive andjudicial arms of government. Perhaps because theessential activity of the legislative arm of governmentis legislating, most Nigerians do not appear to knowor appreciate what we are doing.

One reason for that has been the palpablepresence of executive power, and the relativetruncation or lack of visibility of legislative activityin Nigeria. The other is the appearance of the‘spectacular’ exercise of executive power. Thisactivity, or prominence with regards to activity, isalso seen in the judiciary, which in the upholding ofits constitutional role can often grab the attention ofthe media and the general public, e.g. in the rulingof the Supreme Court in relation to revenue sharingand the onshore/offshore issue. Thus, due to the highpremium placed on visibility, it is expected that the

Legislature would also be equally noticeable. In thisregard, on a positive note, Nigerians are increasinglybeginning to appreciate the legislative process inrelation to the other arms of governance. TheLegislature on its own is increasing its visibilitythrough its oversight functions to monitor theexecutive and to ensure that Bills it enacted areimplemented effectively.

Another clear legislative response to the notionof visibility, especially as it relates to publicexpectations, is the operationalisation of‘constituency development projects’. Our intentionwas to bring all the constituencies to benefit fromone project or another as a means of improvingrelationship between the Legislature and itsconstituents and of ensuring a fairer distribution of

the national wealth. Thisproject is yet to beperfected, but it is oursincere believe that it canbecome grounded innational policy so that eachrepresentative of the peoplecan meaningfully point to aproject done in his/herconstituency for the good ofthe people.

But the main function ofthe Legislature is to enactlaws for the good of thecountry and in this we have

acquitted ourselves very well. We would like to saythat our responsibility is a shared one, together withthe legislative and executive arm we seek to moveNigeria’s democracy forward and raise the livingstandards of our people.

We have passed the yearly Appropriation Bills andreshaped a few clauses/areas where we perceivedthere was the need to reflect a more predevelopmentagenda. But it is not the quantity of the Bills assuch but the quality of what the Bills seek to engage.In this regard there are other activities of theLegislature that do not necessarily translate intoBills. Take for example the clause included in the2004 Appropriation Bill to persuade the executive ofthe need to be more open and transparent in themanagement of excess revenue account or theremoval of the Federal Road Safety Commission fromthe Nigeria Police Force.

Altogether, one can say that the challenges facingour democracy are being met by the collective resolveof Nigerians to defend their rights as free individuals,while at the same time aspiring for qualitative upliftof their living standards. I am very humbled andhappy that history has chosen me to be part of thepeople vested with the enactment of laws for mycountry.

Rt Hon. Masari is the Speaker, Federal House ofRepresentatives, Nigeria

“But while I am happy that ourdemocracy has proven itsresilience, I am a littleapprehensive that generally, themajority of Nigerians, thecommon people, are yet to fullyenjoy the fruits of ourdemocratic endeavour.”


For The Records

stands as it is constitutionallycharged with the responsibility ofmaking laws for the purpose oforderly and good governance,towards evolving an equitable,just and egalitarian society.

A legislative House is acollection of elected politiciansfrom assorted backgrounds, invarious hues and shades,representing different interestsand peculiarities. In sum, it is areflection on society’s culturaldiversities; an elite assemblageof people with varying mandates,attempting to function byconsensus.

It is therefore the fact of thev a r i e g a t e dcomposition of alegislative House,whether at local, stateor federal levels thatnecessitates aunifying code of ethicsthat will make forcohesion andorderliness withoutprejudice to whateverstanding rules are inoperation.

The respective Legislatureshave the right to set and imposetheir own ethical rules. Forinstance, at the end of the PortHarcourt retreat for Senators in2004, during which legislativeethics featured prominently, thenSenate President Sen. AdolphusWabara announced that “toensure that the Senate adheresto the highest ethical standard”the Senate directed itsCommittee on Ethics andPrivileges “to develop a Code ofConduct governing Senators andtheir staff, and to present such acode to the full Senate forconsideration and adoption”.

Ethics in the Nigerian SenateMindful of the provisions of

the constitution, the Senate rulesand other provisions in existingstatutes of Nigeria, thecommittee adopted an earlierwork by the preceding Senate asa working document. Itsprovisions were “reviewed,amended and appropriatelydistilled to suit the presentrealities.” A comprehensive draftwas presented, but wassubsequently reviewed at the fullsitting, ostensibly because of thediffering interests and desires ofSenators.

The adopted abridged versionagreed that the purpose of theCode of Ethics “is to assistSenators in the discharge of their

obligations to the Senate, theirconstituents, and the public atlarge”. It is also agreed in thepreamble, “Senators shall be lawabiding, honest and trustworthycitizens, conducting themselvesin an honourable and dignifiedmanner, setting good examplesfor the society and enhancing thereputation and respect accordedto the institution they represent.”It added: “Senators shall alwaysavoid conduct that may bring theSenate into disrepute,opprobrium and ridicule”.Indeed these are basic ethicalrequirements, irrespective of theprevailing multi-ethniccolouration and culturaldiversities of the House.

However, the Senate had todefer to the sensitivity of most of

the Members that are notnecessarily in the society’s widerinterest. For example, thecommittee had stated thatSenators shall uphold the highestethical standards in keeping withthe covenant between them andthose who elected them, and withthe expectations of the nation asa whole. However, somerecommendations of proscriptionof certain types of behaviour wererejected.

Among these were Senators’engagements in, orencouragement of, ostentatiousbehaviour and vulgar display ofwealth; using derogatory,discriminatory, gender

insensitive or anyother language thatmay be construed aso f f e n s i v e ;drunkenness andengagement in anyaction that could beinterpreted asimproper sexualbehaviour and/orharassment. SomeSenators were of the

view that some of theserecommendations should beflexible and not ‘draconian’.

Other specific unethicallegislative acts fall under therubric of conflict of interest,whereby lawmakers are notexpected to put themselves inposition where their personalinterest will conflict, or appear toconflict, with the public interest,official duties and Senatorialresponsibilities.

However, under rule 1 ongeneral conduct and relationship,what was upheld was rathernebulous. While conceding thatSenators should uphold thehighest ethical standard, itmerely stated: “Consequently,any behaviour inconsistent withacceptable societal moral

Legislative ethics in a multicultural societyCont’d from Page 16

A legislative House is a collection of electedpoliticians from assorted backgrounds, invarious hues and shades, representingdifferent interests and peculiarities. Insum, it is a reflection on societyís culturaldiversities; an elite assemblage of peoplewith varying mandates, attempting tofunction by consensus.


For The Records

standards as adjudged by theSenate or likely to bring theSenate into disrepute shallconstitute a breach of the Codeof Ethics”.

I still cannot understand whythe specific unethical acts asrecommended were disregardedand the generalisation left at themercy of interpreters. Theprimary function of a Code ofEthics is to provide guidancewhenever dilemmas arise,especially those that areambiguous. Decisions in suchsituations can be made moreeasily if the code is specific, givesdetailed directions on whatactions should or should not betaken, and spells out explicitpenalties forunethical behaviour.

However, whenthis is not donebecause of interestsother than forsocietal good, thenquestions must beasked. A Code ofEthics is generallydeveloped within ap a r t i c u l a rprofession. The higher thedegree of professionalismrequired of the profession’smembers, the stronger andtherefore more enforceable thecode. For instance, in medicine,the behaviour required is morespecific and the consequences aremore stringent in the Code ofEthics for physicians than in theCode of Ethics for nurses.

Therefore, a code of legislativeethics should provide legislatorswith high standards of behaviourand principles to be observedregarding their moral and careerobligations towards one another,their constituencies and societyin general.

Conflicts of interestI dare say conflict of interest

may be the most common ethical

dilemma faced by legislators.But let it be said that conflicts ofinterests are not, withinthemselves, wrong or unusual,especially against thebackground of our multiculturalsetting. The ability to identifyconflicts of interest does notnecessarily ensure that one candeal with them effectively.

Although conflicts of interestcan occur in any setting or amongany group, they may be morepronounced in the public sectorwhere political power andeconomic largesse are wielded.There have been instances ofconscience being mortgaged onpecuniary grounds, where self-interest is allowed to take

precedence over larger interest.In the case of the Legislature,

conflicts typically arise when alegislator, for instance, has thepotential to receive a personalbenefit or when being motivatedby considerations that are lessthan altruistic. When thishappens, the electorate’s interestis relegated, or even discarded.Notwithstanding, the challengefacing Committees on Ethics ishow to ensure their credibility inthe public. Most professionsdiscipline their own membersthrough internal committeeswithout facing accusations ofattempts to protect their own.

Although there have beenattempts in the past at doing thisat the legislative level, the effortcannot be said to have achievedthe desired result. This is

because legislators who intend todiscipline their fellow Membersface a higher level of publicattention and scrutiny, with thetendency of certain Members, thepress and some Members of thepublic to want to play to thegallery.

In order to make even theagreed legislative ethical codesworkable, one would like tosuggest better orientation for thelawmakers.

The general curriculum of theorientation courses shall include,but not limited to, publicexpectations of an independentLegislature. Overall, nationalinterest and priorities are alsoimportant.

Ethics educationmanuals should also bemade available tolegislators, whichwould inform themabout the requiredstandards of conductand assist them inapplying thosestandards to specificsituations.

Ultimately, whilelegislative ethics may bedesirable, their practicalapplication and enforcement in amulticultural society may bedifficult.

Assuredly, what everylegislator must adopt as apersonal code of ethics ispersonal discipline, self-restraint and moderation in allactions and conduct. This willconfer individual respect anddignity that will invariablytranslate into group respect anddignity expected of a highcalibre of law-makinginstitution.

Senator Mamora contributed this to theParliamentarian, published to mark the52nd Commonwealth ParliamentaryConference hosted by the Parliament ofNigeria in September, 2006.

“Therefore, a code of legislative ethicsshould provide legislators with highstandards of behaviour and principles to beobserved regarding their moral and careerobligations towards one another, theirconstituencies and society in general.”


Under my Speaker ship ofthe House of Assembly of

the state of Lagos, a Code ofEthics for the Legislature wasput in place. Later, my tenureas Chairman of the SenateCommittee on Ethics, Code ofConduct and Public Petition wasan eventful one that enabled meto have better insight into thelegislative processes of the upperHouse. Indeed, one of thehighpoints was the preparationof a comprehensive draft Code ofEthics for Senators, which waspresented to the Senate in 2004.

Although our recommen-dations were considerably, andsignificantly, watered downwhen presented on the floor ofthe Senate, the document thateventually came out is still novelin the nation’s legislativeevolution, as it remains the firstof its type in the Senate.

Historical perspectivesWhat do we mean by ‘ethics’,

especially in the context of theLegislature operating in amulticultural setting like wehave in Nigeria?

The word ethics is derivedfrom the Greek word ethos,which means ‘character’ andfrom the Latin word mores,which means ‘customs’. This hasbeen broadly defined as thescience of human duty orconduct. It is the body of rulesof duty drawn from this science;a particular system of principlesand rules of practice in respectof a single class of humanactions. In modern society, itdefines how individuals, groups,business professionals andcorporations choose to interactwith one another.

So, in essence, ethics is thetheory of morals, a branch of

Legislative ethics in a multicultural societyBy: Sen. Adeleke O. Mamora

For The Records

Senator Adeleke O. Mamora

philosophy that defines what isgood for the individual and forsociety, and establishes thenature of obligations, or duties,that people owe themselves andone another, and the society atlarge. This is to say, everycalling, enterprise andassemblage should be concernedwith set of principles upon whichit operates.

The need to control, regulate,and legislate ethical conduct on

the individual, corporate andgovernment levels has ancientroots. For example, one of thefirst law codes developed, theCode of Hammurabi, madebribery a crime in Babylonduring the 18th century B.C.

Aristotle was one of the firstphilosophers to study the subjectof ethics. To him, ethics was morethan a moral religious or legalconcept. He believed that themost important element inethical behaviour is knowledgethat actions are accomplished forthe betterment of the commongood. He asked whether actionsperformed by an individual or agroup are good both for that

individual or groups and forsociety. To determine what isethically good for the individualand for society, Aristotle said, itis necessary to process treevirtues of practical wisdom:temperance, courage, and justice.

When we speak of amulticultural society, we mustremember that culture is anextremely broad term thatencompasses not just differentnational or regional ways of life,but also those of culturalsubgroups such as clans. Sowhen referring to a multiculturalsociety, we are really referring toa multi-ethnic society likeNigeria.

Ethnicity, in recent years, hassimply come to mean ‘tribe’, butin anthropological terms itencompasses a lot more.Ethnicity refers to a number ofshared factors that, together,create the identity of a people.These would tend to include race,language, shared history,religion, living area and simplymethods of everyday life.

Most societies share certainfeatures in their ethical codessuch as forbidding murder andattacks on personal honour andreputation. Yet there are areaswhere, as is said, “One man’smeat will become another man’spoison”.

In modern societies, thesystems of law and public justiceare closely related to ethics inthat they determine and enforcedefinite rights and duties. Theyalso attempt to repress andpunish deviations from thesestandards.

Imperatives of legislativeethics

The Legislature is animportant leg of the tripod uponwhich a democratic society

Cont’d on Page 14

A Publication of CISLAC Vol. 1 No. 2. November 2006 2007 … · 2016. 3. 18. · Legislative...

Documents

Transcript of A Publication of CISLAC Vol. 1 No. 2. November 2006 2007 … · 2016. 3. 18. · Legislative...