Training Legislators for the Fight against Corruption
Udora Orizu writes that in a bid to boost operational capabilities of lawmakers in carrying out its oversight function, Konrad-Adenauer-Stiftung in partnership with House of Representatives Committee on AntiCorruption recently organized a capacity building programme for members of the committee
The 1999 Constitution of the Federal Republic of Nigeria places enormous responsibility on the legislature as far as the control of public funds is concerned. Under it, there are constitutional, political and operational mechanisms specifically empowering the legislature to hold those saddled with the responsibility of executing laws made by it as well as expending resources appropriated by it accountable. The legislature is the main institutional anchorage provided for in the Constitution for the fight against corruption, hence the legislature is equipped under the Constitution to serve as effective check on the executive and its administrative agencies in all aspects of public administration.
This oversight power as conferred on the National Assembly by the constitution enables lawmakers to expose corruption, inefficiency, or waste in the execution or administration of laws within its legislative competence and in the disbursement and administration of funds appropriated by the Acts. As they represent the people, the lawmakers are expected to be exemplary in performing their duties and to adhere to the highest standards of integrity.
On assumption of office June 11, 2019, the fight against corruption was one of the priorities listed in the legislative agenda of the 9th House of Representatives. The Speaker, Hon. Femi Gbajabiamila on October 2, 2019 inaugurated 105 standing committees, saying the House intends without reservation, to exercise full authority of the legislature as it relates to the oversight of the Ministries Departments and Agencies (MDAs).
Gbajabiamila, however, pointed out that the purpose of such oversight will not be punitive, neither are they intended to be adversarial, but in furtherance of the Green Chamber’s shared objectives of national development, peace, progress and prosperity for all.
However, it appears that the legislature at all levels of government have been unable to adequately discharge the onerous duties devolved on it by the Constitution in this regard, as it appears that the oversight function has rather fueled corruption in MDAs.
The oversight function of the National Assembly, is seen to have become an avenue for members to enrich themselves, thereby not yielding the desired change that Nigerians want to see in governance.
One of the stakeholders involved in parliamentary strengthening programmes, Konrad-Adenauer-Stiftung in partnership with the House of Representatives Committee on Anti-Corruption, on May 6, held a capacity building programme for members of the committee. Before commencing the training, some stakeholders took turns to explain the role of the legislature in the fight against corruption and expectations from the lawmakers after the training.
Hon. Garba
In his remarks, the Chairman of the Committee on Anti-corruption, Hon. Shehu Garba said that the workshop was to help the committee
to effectively discharge its duties.
Garba, represented by the Deputy Chairman, Hon. Bagos Dachung said that the importance of capacity building in human life cannot be overemphasised.
He said that the target was to broaden the knowledge of the participants.
“We all know the dynamics of corruption; hence we need to try every available means to tackle it. This capacity building for lawmakers on Anti-Corruption is a crucial component of this 9th House of Representatives Legislative Agenda on Anti-Corruption,’’ he added
Independent Corrupt Practices and other Related Commission
In his goodwill message, the Chairman of the Independent Corrupt Practices and other Related Commission (ICPC), Prof. Bolaji Owasanoye, picked holes in the performance of oversight functions by members of the National Assembly.
Owasanoye said members of the National Assembly often request for tonnes of documents they cannot review in the course of their oversight.
He said: ‘’The oversight function and power of the legislature enables it to take an actual role in understanding the performance of other arms, especially the executive arms. There’s a perception out there that the legislature is either reactive or trying to put out fires and preventing the fires from going out and sometimes dramatic in its approach to oversight functions.
‘’Nevertheless, this oversight functions is critical and very important much more to ensure that we don’t get to where we’ve found ourselves today. The legislature is increasingly stepping up its oversight of Ministries, Departments and Agencies (MDAs) in recent times. There should be concrete reforms where you get to ask concrete questions that you must answer. With that, so many people will seat up and if they don’t like the capacity of the jobs they take, then they should resign and leave the place.
‘’Another thing is the power of investigation, as enshrined in the constitution. Now, this again is very important. However, with all due respect, in recent times, we have seen committees asking for documents all the time.
I always make out time to attend the hearings and I will see tonnes of materials, which are presented to the lawmakers.
“I don’t know how much research support the lawmakers have to untap the documents so that information there can actually made sense and assist you to do what you’re set up to do. Some people bring these documents in Ghana-must-go bags. I just look at it and shake my head. I say to myself, nobody is reading these things. It’s the same thing being requested over and over again from these institutions. These kind of things diminish the importance of the process. It gives the impression that you just give it to them they won’t look at it. The legislature has the power to investigate and expose corruption at all levels of government. The fight against corruption is our collective responsibility. It’s not the duty of the executive alone. We are happy that the National Assembly understands this and takes up this responsibility as well.’’
Hon. Akpatason
Countering Owasanoye’s assertions, the Deputy Leader of the House, Hon. Peter Akpatason before presenting the Speaker’s speech said in most cases, agencies supply documents that were not relevant or fail to provide the relevant documents.
He said whatever that’s done in the National Assembly goes into the records.
His words, “Debates are recorded in votes and proceedings, and documents are available in the Senate and House of Representatives. Secondly, oversight functions by the legislature, in this country in particular has been grossly misunderstood by a lot people. Actually what happens in most cases is that not the legislators that make oversight activities hard but the resistance by agencies who actually have so much to hide and that’s what is responsible for dumping of volumes of documents both relevant and irrelevant documents on the parliament so as to create that challenge for distilling those documents and information to be able to make sense out of it, in those cases request for submission of documents is either deliberately delayed or the ones presented are not the requested ones.’’
Speaker Gbajabiamila
The Speaker of the House, Hon. Femi Gbajabiamila on his part urged anti-graft agencies to organise capacity programmes for legislators to ensure an effective fight against corruption in Nigeria.
Gbajabiamila said that Nigerians were desirous of good governance and were looking up to the legislature to serve as agents that would help combat poverty, corruption and other challenges in the country.
According to him, the House is working on plans on anti-corruption legislation and the possibility of establishing special anti-corruption courts.
He said the House was also considering strengthening the fight against corruption through increased funding for anti-graft agencies and separation of powers through a constitutional amendment to separate the office of the Minister of Justice from that of the Attorney-General.
Vladimir Kreck
In his welcome address, the Resident Representative Konrad-Adenauer-Stiftung, Dr Vladimir Kreck said Nigeria with its oil and gas industry, billions of dollars flood into the country and especially the state’s coffers every year, could be one of the richest in sub-Saharan Africa, however the country faces immense challenges.
According to him, the endemic corruption which has been depriving the country of the resources it needs to develop is largely to blame for the current state of affairs.
He said, ‘’In this light, the fight against corruption is one of the biggest challenges that Nigeria faces today. It is, in fact, the key to development. In this regard, the role of the legislature is not to be underestimated. It is the assignment of the National Assembly not only to set the legal framework for an effective fight against corruption in Nigeria, but also to put a successful oversight in place to uncover corrupt forces in the Government and to contribute in this way to the President’s commitment to eradicate corruption in Nigeria.’’
NILDS DG
In his goodwill message, Prof. Suleiman Abubakar, Director-General, National Institute of Legislative and Democratic Studies stressed the need for a change of narrative of the legislature.
According to him, there is a need to change the narrative that the parliament aims to undermine the strength of anti-graft agencies.
“The legislature is doing so much to assist the anti-graft agencies in achieving their mandate through oversight activities and other processes of the National Assembly. It rests on those agencies to work well with the National Assembly by ensuring that those procedures are carried out appropriately and Legislature performs its role, especially in oversight which is key and cumbersome. Not only by cooperating but also canvassing for the National Assembly to get all the support it needs and requires to perform its duties,’’ he said.
Nigeria with its oil and gas industry, billions of dollars flood into the country and especially the state’s coffers every year, could be one of the richest in sub-Saharan Africa, however the country faces immense challenges. According to him, the endemic corruption which has been depriving the country of the resources it needs to develop is largely to blame for the current state of affairs. He said, ‘’In this light, the fight against corruption is one of the biggest challenges that Nigeria faces today. It is, in fact, the key to development. In this regard, the role of the legislature is not to be underestimated