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Executive-legislative Relations And Democratic Consolidation In Nigeria’s Fourth Republic 2007-2017
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The new 1999 Constitution of the Federal Republic of Nigeria came into
force with effect from the 29th of May, 1999, the date of the military
handover of governance to a democratically elected civilian regime. The
document was largely based on the 1979 presidential constitution, with
some amendments. Following the adoption of the presidential system of
government in Nigeria, therefore no one arm of government is superior to
the other; neither is any subordinate to the other. In essence, there
was a separation of powers and a system of checks and balances which is
very central to a democratic system of governance which Nigeria
professes to adopt.
The relationships between the legislature and the
executive are one of the key defining characteristics of the
functioning of any political system (Kopecky, 2004). It is central to
the constitutional and political system of any territory and has been at
the forefront of parliamentary debate in recent times (Winetrobe,
2000). These relationships are complex, depending on a range of formal
and informal practices. The constitutional prerogatives vested in
legislatures and the executive are, of course, most important because
they structure the interactions between the two powers (National
Democratic Institute (NDI), 2000). However, numerous informal rules and
conventions, such as the customs concerning nomination of members of the
cabinet following an election, practically precedent, habit and the
influence of political parties are very important as well
(Bernick&Bernick, 2008). Constructive relationships between the
executive and the legislative arms of government are essential to the
effective maintenance of the constitution and the rule of law (Holme,
2007). In recent years, however, the character of these relationships
has changed significantly, both because of changes in governance and
because of wider societal changes. Analysis of these relations will
bring to the limelight the nature of legislature-executive relations,
the factors engendering such relations with a view to bringing to the
fore valid modalities for improving it and ensuring democratic
consolidation. This research examines the dynamics, nature, causes and
consequences of the relationship between the two arms and on democratic
consolidation in Nigeria’s Fourth Republic 2007-2017.
STATEMENT OF THE PROBLEM
The
legislature and the executive in the presidential system adopted by
Nigeria are each vested with some defined activities of government. In
many respects joint efforts and collaborations are constitutionally
required in the exercise of their powers. The nature of these relations
between the executive and legislature in the presidential system has
over the years, attracted wide variety of viewpoints both about conflict
and cooperation, whether one or the other dominates and what benefits
or liabilities result from either. Some see the conflict between
legislature and executive as necessary and a beneficial precondition to
limiting and controlling government (Madison, 1992; Magil, 2001). The
principle of separation of powers is one unique feature of a democracy.
At the same time, the branches are expected to serve as checks on each
other as a preventive measure against absolute or abuse of power. The
relationship between the executive and legislature is imperative to the
maturing of democracy which is what democratic consolidation basically
means. For democracy to deepen the executive and the legislature have
very important roles to play.
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