AN ASSESSMENT OF OVERSIGHT FUNCTIONS OF SENATE COMMITTEE ON DEFENCE, 2015-2019
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- 1-5 Chapters
- Qualitative
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- Recommended for : Student Researchers
- NGN 3000
Background to the Study
The parliament or legislature is one of the organs of government empowered with checking the activities and actions of the executive organ of government because governance begins with lawmaking which is its responsibility. This duty of the legislature is called parliamentary or legislative oversight over the executive which implies parliamentary supervision of executive actions. Legislative oversight helps to entrench an effective and productive governance culture and to constantly provide the check needed to ensure executives comply with extant laws. Because of this, Verney (1969) concluded that the watchdog function of a legislative assembly is perhaps more important to it than that of lawmaking. This is more so, as government Ministries, Departments, and Agencies (MDAs) exist according to the letters of specific laws enacted by the legislature empowering their existence. Thus, a constant need to continually ensure their existence follow laws passed by the legislature.
The Legislature‟s oversight role is significant because it shines the spotlight of public attention on many critical issues, which enables lawmakers and the general public to make informed judgments about executive performance. Specifically, legislative oversight serves to protect the policymaking role of the National Assembly within the context of the constitutional system of checks and balances imposed by the principle of separation of powers. The most common method by which the legislature conducts oversight is through the committee structure. In developed and emerging democracies, oversight is generally considered a committee activity.
Committees represent a small fracture of the membership of the whole house assigned to carry out a task in the most detailed fashion than would the parent body.
The power of oversight in most jurisdictions is conferred by the constitutions and the rules guiding the legislative house. To illustrate, in the US Congress, the conduct of oversight has become the most decentralized as works conducted in Members‟ offices, or in their district or state offices, can result in findings of bureaucratic behaviour and policy implementation (Congressional Research Service [CRS], 2020). Discoveries from such studies, in turn, can lead to the adjustment of agency policies and procedures and changes in public law. Also, the House and Senate can establish select or special committees to probe issues and agencies, promote public understanding of national concerns, and coordinate oversight of issues that span the jurisdiction of more than one standing committee. Of the agencies in the US Congress, three directly assist it in support of its oversight function: Congressional Budget Office (CBO), Congressional Research Service (CRS), and the Government Accountability Office (GAO). Indeed, this may have prompted various scholarly claims of the developed nature of the US Congress Committee system hence, indicative of its stature as a transformative legislature (Johnson, 2005).
In the Nigerian National Assembly, the 1999 Constitution as amended enables it to expose corruption, inefficiency, or waste in the execution or administration of laws within its legislative competence and the disbursement and administration of funds appropriated by the Acts (Section 88 of the Constitution of the Federal Republic of Nigeria [CFRN], 1999, as altered). The constitution further grants it the power to regulate its procedure (Section 60) and appoint committees for any purpose it deems fit (Section 62 (1)). To this end, the National Assembly as the representatives of the people is expected to follow up its legislation to make sure that they are obeyed. Like in the United States Congress, the National Assembly is expected to carry out all its functions with the support of institutions such as the National Institute for Legislative and Democratic Studies (NILDS) and the National Assembly Budget and Research Office (NABRO), not much can be desired in the performance of oversight by legislators in collective (committee) or individual capacities. Given this reason, this study sought to evaluate the performance of oversight in the 8th National Assembly.
Statement of Research Problem
Sections 4, 5, and 6 of the Constitution of the Federal Republic of Nigeria [CFRN] 1999 (as altered) describes the role of the arms of government premised on the principle of separation of powers. The legislature represents the interests of the citizens through lawmaking and the exercise of oversight functions on the activities of the other two arms of government i.e. the executive and the judiciary. Hence, the legislative powers are vested in the National Assembly comprising a Senate and a House of Representatives (CFRN, Section 4(1), 1999, as amended). Drawing from this, Sections 88 allows each House of the National Assembly through its resolution to direct an investigation or cause an investigation to be directed into matters it has powers make laws, the conduct of affairs of any person, MDA, etc., charged with the duty of administering laws or moneys appropriated, while Section 89 empowers it to obtain pieces of evidence required to discharge the burden laid on it by the provisions of Section 88. However, the exercise of oversight in the National Assembly involves the responsibility of legislative committees that undertake the review, in-depth study, and evaluation of the activities of the government (Asimiyu, 2018). These committees, draw legitimacy from Section 62 of the CFRN 1999 (as altered) with clearly defined mandate and functions in the standing orders of the respective houses.
In particular, the mandate of the Senate Committee on Defence as spelled out in Rule 95(1) of the Senate Standing Orders 2015 (as amended) include the Payment, promotion, retirement, and other benefits and Privileges of members of the Army; Defence Headquarters; Ammunition Depots, Forts, Arsenal Reservations and Establishments; Barrack projects; Military application of nuclear energy; Disarmament; Army Cadets; Resettlement Scheme for serving officers of the Army; war graves monuments; and memorabilia; peacekeeping operations; and the consideration of Annual budget estimates (Committee on Defence Sessional Report, Senate, 2020). Despite the constitutional backing, the Committees of the National Assembly in general and the Senate Committee on Defence in specific, are still constrained in the performance of their oversight mandate. Thus, Fashagba (2009a) listed inadequate funding, lack of cooperation from Ministries, Departments, and Agencies (MDAs), executive interference, among others, as challenges militating against the effectiveness of legislative committees. These challenges notwithstanding, legislative committees remain a critical success factor in the performance of legislatures especially in the light of the powers vested in lawmakers as agents by the citizens-who are the principals. Given this, this study assessed the performance of the oversight activities of the 8th Senate Committee on Defence in the administration of the Defence Sector.
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