The Legislature, The Press And The People
IN a letter dated December 25, 2008, the Chief Executive officer of Times Communications ( Nigeria) Ltd., Mallam Kabir Dangogo, wrote to inform me of this summit whose theme would be Parliamentary & Public Communication: The way Forward for Africa. He cast his nets wide to bring to this forum many resource persons not only from Nigeria here and some other countries in Africa, but also from the United Kingdom, the United States of America and Canada. When he informed me of the topic I would be handling and who would be chairing it and that the hosting would involve the African Public Relations Association ( APRA) and the Nigerian Institute of Public Relations ( NIPR), I said I would definitely be among friends. But one of them would no doubt be listening to what had been said before at a similar forum some years ago. That person is the coordinator of Policy Analysis and Research Project ( PARP) of the National Assembly, Dr. Ladi Hamalai. Through her department, part of my presentation was published as 75 Powers of the Nigerian Legislature and distributed to all members of the National Assembly and all those involved in lawmaking in the 36 states of the federation. It is my hope that the document may also have been reprinted and sent to many of our lawmakers since 2007 when we transited from one civilian administration to another. Why? Because only a few of the lawmakers who joined the democracy train on return to civil rule in 1999 are still around although there is no term limit to their tenure as is demanded of the executive arm. My presentation here today, therefore will revisit what I said at that forum that the National Assembly Policy Analysis and Research Project organised.
Introduction
Three key words dominate this presentation. They are “legislature”, “press” and “people”. But which legislature, which press and which people? The questions define the context in which the presentation musts be made. And that context is Nigeria, which like any other country, has a road map which is the point of departure for any claims anyone may make on the polity. We should therefore start with that road map, the Constitution of the Federal Republic of Nigeria. We will discover that unlike some other jurisdictions, parliament is not supreme, nor is the Constitution in the sense of where sovereignty lies. We will therefore, after looking at the Constitution we operate in Nigeria, find out what the people of Nigeria demand of those they have given the mandate to preside over the affairs of state. We will then address the law- making arm, identifying the frightening powers they have but which the muscle of the executive arm has successfully undermined, more because of the ignorance of the lawmakers than that the financial clout they credit the executive with is at work all the time. We will then address the press, its place in the constitution and what limitations are imposed on it through the constitution, the laws of the land and finally the ownership and control structures.
The Constitution
The 1999 Constitution is our Road Map which we must study to know what rights and obligations are there. The document is so structured that different areas are moderated by different bodies. It is divided into eight chapters. There are seven schedules attached thereto.
The First Chapter, from sections 1 – 12, deals with general provisions and is in two parts. Part 1, in there sections entrenches the supremacy of the Constitution, defines Nigeria s one indivisible and indissoluble sovereign state, and identifies the 36 states of the federation and the federal capital territory as constitution the geographical space. Part II of the First Chapter identifies powers of the Federal Republic and shares them among the Legislature, the Executive and the Judiciary. But the Judiciary is prevented from exercising all powers of adjudication. Two such areas are identified – it cannot look into what the military did in the area of law- making between 1966 when they first came and 1999 when they last left; and it cannot lpr5ocounce on the provisions of chapter 2 which itemizes the duties that all organs of government must perform. Part II of the first chapter also provides for the mode of altering provisions of the Constitutions and specifically prohibits the establishment of a state religion.
The Second Chapter, from sections 13 – 24, titled Fundamental Objectives and Directive Principles of State Policy, identifies the fundamental obligations of government, the relationship between the government and the people, and the political, economic, social, educational, foreign policy, environmental and cultural programmes of the state. It also itemizes the duties of citizens, and imposes on the media the obligation to monitor for the people the performance of the duties imposed in chapter 2. It should be noted here that what the courts are barred from doing in section 6 ( 6) © is what the press is called upon to do in section 22. This is why chapter 2 is not justiceable and why the media in Nigeria are constitutionally the Fourth Estate of the Realm.
The Third Chapter, from sections 25 – 32, deals with who the Nigerian is or should be, and provides for dual citizenship. The Fourth Chapter, from sections 33 – 46, is regarded by many as the most important chapter of the Constitution because it deals wit5h Fundamental Rights which the courts are empowered to protect. They include the right to life; the right to dignity of the human person; the right to personal liberty; the right to fair hearing, the right to private and family life; the right to freedom of though, conscience and religion; the right to freedom of expression and the press; the right to peaceful assembly and association; the right to freedom of movement, the right to acquire and own immovable property anywhere in Nigeria. The chapter also provides for limitations on the rights guaranteed in section 45, and tells you where to go if the rights are infringed ( sec 46).
The Fifth Chapter, from sections 7 – 129, is devoted to the Legislature, and is in parts 1 and 11, the first part dealing with the National Assembly and the second part with the Houses of Assembly in the states.. The chapter gives details of how the National and State assemblies must be composed; the demand for declaration of assets of those elected to offices and the powers they have over public funds. The chapter also documents the oversight functions of the lawmakers, especially the powers they have to conduct investigations into how public funds are disbursed.
The Sixth Chapter, from sections 130 – 229 is the longest chapter of the Constitution. It is in three parts. Part 1 deals with the Federal Executive and provides details on the appointment and duties of the President, his tenure of office and those he should work with, like ministers and special advisers. Part 11 deals with the State Executives with the governor at the helm; and Part 111 is supplemental, dealing with the National Population Census, the Nigeria Police Force, the Armed Forces of the Federation, and Political Parties. The chapter also identifies federal executive bodies that must be established, the public revenue and its distribution, and the public service of the federation.
The Seventh Chapter, from sections 230 – 296, deals with the Judicature, and is in four parts – Federal Courts, State Courts, Electoral Tribunals and Supplemental. The Federal Courts are the Supreme Court, the Court of Appeal, the Federal High Court, the High Court of the Federal Capital Territory, Abuja, The Sharia Court of Appeal of the Federal Capital Territory, Abuja, and the Customary Court of Appeal of the Federal Capital Territory, Abuja. State Courts are the High Court of a state, Sharia Court of Appeal of a state, and Customary Court of Appeal of a state. Part 111 deals with the establishment and jurisdiction of electoral tribunals; and Part IV is supplemental, dealing with jurisdiction of state courts in respect of federal causes, enforcement of decisions and tenure of office and pension rights of judicial officers.
The Eighth Chapter, from sections 297 – 320, deals with the Federal Capital Territory and general supplementary provisions. It is in four parts. Part 1 identifies the Federal Capital Territory, Abuja. Part 11 deals with miscellaneous provisions, like the procedure for declaration of a state of emergency. Part 111 deals with transitional provisions which legalized activities undertaken before the Constitution came into effect on May 29, 1999. Part IV is the interpretation section, and provides for when the provisions of the Constitution would begin. That was on May 29, 1999.
The Constitution, which was promulgated on May 5, 1999 by outgoing military Head of State Gen. Abdulsalami Abubakar, contains Seven Schedules. The First Schedule is in two parts. Part 1 documents the 36 state of the Federation and their capitals, and also identifies the local government areas constituting them. Part 11 defines the six Area Councils of the Federal Capital Territory, Abuja. The Second Schedule is in three parts. Part 1 is the Exclusive Legislative List, which only the National Assembly can make laws on. Part 11 contains the Concurrent List on which both the National and State assemblies can make law. Part 111 is the interpretation section of the schedule.
The Third Schedule is in three parts. Part 1 documents powers of federal executive bodies established under section 153 of the Constitution. They are the Code of Conduct Bureau, the Council of State, the Federal Character Commission, the Federal Civil Service Commission, the Independent National Electoral Commission, the National Defence Council, the National Economic Council, the National Judicial Council, the National Population Commission, the National Security Council, the Nigeria Police Council, the Police Service Commission and the Revenue Mobilisation Allocation and Fiscal Commission. Part 11 deals with state executive bodies and Part 111 deals with the Federal Capital Territory, Abuja executive body. The only body at the FCT is the Judicial Service Committee of the Federal Capital Territory, Abuja, established under section 304 of the Constitution.
The Fourth Schedule identifies the main functions of a local government council created under section 7 of the Constitution which provides that the system of local government by democratically elected local government councils is “under this Constitution guaranteed, and accordingly, the Government of every State shall …. Ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.”
The Fifth Schedule is in two parts. Part 1 deals with the Code of Conduct for Public Officers, and Part 11 says who public officers area for the purpose of the code. The Sixth Schedule deals with election tribunals.
The Seventh Schedule deals with oaths which public officers must take before they assume office. They are two, the Oath of Allegiance to the Federal Republic of Nigeria, and the Oath of Office the public officer is to assume. All elected officers, from the President to the councilor, take the oath of office in which they sear to defend the National Interest which should be the appropriate description of the duties settled in chapter 2 that deals with t, because they are barred from adjudicating on matters in chapter 2 do not swear “to strive to preserve the fundamental objectives …” although in exercise of their judicial powers, they have a duty and responsibility, like the Legislative and Executive arms “to conform to, observe and apply the provisions” of the chapter ( sec 13).
Section 14 of the Constitution says that Nigeria is a state based on the pricip0les of democracy and social justice. Four declarations then follow that:
Sovereignty belongs to the people of Nigeria from whom government through the Constitution derives all its powers.
The primary purpose of every government must be the security and welfare of the people;
The people must participate in the running of the government; and
Activity of government must reflect the composition of the nation- state, such that the predominance of persons from a few states or from ethnic or other sectional groups is avoided. This is to ensures national unity and command national loyalty.
TO BE CONTINUED