10th Assembly and the Ideals of Separation of Power
Denen Daniel
The Constitution of the Federal Republic of Nigeria as amended 2010 which is the ground norm of all laws in the nation has provided for the establishment and functions of a State House of Assembly for each state of the federation. By the provisions of Section 4 sub 7, it provides that “the state house of assembly shall have the powers to make laws for the peace, order and government of the state or any part thereof.” This constitutional provision only underscores the importance of the state legislative house in the overall discharge of the proper administration of every state in the federation.
In line with the provisions of S105 sub 3 of the constitution, a letter of proclamation was conveyed by the governor to the Clerk of the Benue state house of assembly paving way for the first inaugural sitting of the 10th assembly. On June 5th, 2023 the house had its first session and the ensuing election of the Speaker of the house and the deputy was conducted in line with provisions of S 92 sub 1 of the constitution wherein, Hon. Aondona Dajoh, representing Gboko West State Constituency was returned elected after an initially tied voting process. To deputize him, the voting population of thirty two members for the state assembly and the clerk of the house as the chief umpire, returned Hon Mrs. Lamin, a member representing Ado state constituency as the deputy speaker for the 10th Benue State Assembly.
The drafters of our constitution were visionary as far as the need for the separation of power, mostly in a presidential system of government is concerned. At the wake of independence, Nigeria as a nation that was still regaining consciousness from the heavy hand of colonial dominion adopted the parliamentary system of government, which was and it is the form of government practiced by her colonial masters. However, the republican constitution of the1963, which till today is hailed as the vehicle which was designed to help return to the colonial masters all the vestiges colonialism provided for the cessation of the parliamentary system of government and in its place, the presidential system of government was adopted which is a system that embodies the ideals of the concept of separation of power.
The protracted military rule in Nigeria, beginning from 1983 down to 1999, could not defeat the titanic stature of the importance of the separation of power as an ideology of democratic success. To this end when the drafters of the 1999 came together to chart a path for our democratic success, the need for the powers of the state to be assigned to different persons and institutions was given early credence. However the eloquence of the constitution and the unyielding profession of the Nigerian state as a republic and a presidential system of government, which of course, it the consensus that the latter can only survive through the systematic implementation of the ideals of separation of power, it is however a matter of common knowledge that the legislative arm of the government in the various states of the federation are found to have been back sliding on their duties to the state and its populace due to its submission to the dictates of the executive arm of the government.
The concept of separation of power as commonly ascribed to a French Enlightment political philosopher, Montesquieu, lays emphasis on a tripartite system in which system; there is a distinction between the executive, legislative and the judicial arms of government. What the above means is that the three arms of government most remain and function as masters of his own; only compromise is that which must be in the area of being another’s brother’s keeper and a purposeful synergy for the common good of the people on whose behalf and whose benefits the government finds its legitimacy.
Regrettably, it has been the observation that different administrations in the state, through the governor who is the head of the executive, are found to develop and express the tendency of meddling in the affairs of the legislative house. This is mostly expressed through the governor’s desire of having their anointed candidates emerged as speakers. The reason for this act is not far-fetched as it is the constitutional provisions which empower the house to embark on impeachment process against the governor where and when there are compelling reasons for him to vacate the office; this will remain a nightmare to any sitting governor where such has come under the conditions worthy of an impeachment. Again, it has been the case that governors may want a house directly or indirectly controlled by them for the purpose of having a hitch free process whenever they want certain executive bills to be enacted into law. Since a majority of these bills do not reflect nor represent the public interests, the state has remained handicapped in terms of development in all facets, hence the need for a new sense of direction by the 10th Assembly.
As the people throng the way leading to the Benue State House of Assembly complex on the 5th June, 2023, they were not left idle as there was enough to speculate, predict and discuss while the process of the election of the speaker lasted. It was the contest between Hon, Mrs. Becky Orpin of the Gboko East and Hon Aondona Dajoh of Gboko West. While it was arguable that a faction loyal to Sen, George Akume had preference for the candidature of Hon Mrs Becky Orpin, it was the same arguable speculation that a faction loyal to the executive governor of the state had Hon A.H Dajoh as a desire for the position of the speaker. Thankfully, the acrimony which has always been the outcome of such political scheming has so far not been the case. The prophesy of those who viewed the whole process as the beginning of another tumultuous political journey for a governor in the state has so far failed to be fulfilled. That little is presented to be worried about as to the relationship of the power brokers in the state is captured in the subsequent silence, utterances and the countenances of the other towards another.
Though not yet time for the chickens to come home to roost, the fear is not totally allayed and without prejudice to the countenances and utterances of those in the corridors of power, it is noteworthy that the real loss is on the side of the general public whose interests is borne and represented by those whom they have elected to the house. What is seen and expressed by the power brokers must not be ignored but what must be looked out for is the interests of the man on the street. Where and when there is a moment of undemocratic romance between the executive and the legislature, such interests will be sandwiched and the resultant effect will be another four years of political dilly dally.
Experience has taught the Benue people a bitter lesson. Due to the submission of the legislative house to the dictates of the executive arm, much has been left undone. The usurpation of power by one arm of government by another comes with dreaded result as expressed by Montesquieu when he stated that “when the legislature and the executive powers are united in the same person, or in the same power of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.”
There is enough on the public shelf to read concerning the inability of the 9th Assembly, headed by Hon T.T Uba , to disengaged itself from the ever stretching hand of the executive in the into the affairs of the legislature. The 9th Assembly never got a better description than one that was referred to as a Rubber Stamp assembly. These accusations were confirmed by the house through acts such as convening of plenary under the roof of the executive, approval of frivolous loan requests by the past governor. As the day of the 9th Assembly got to its eleventh hour, it bided the Benue people an infamous farewell by passing into law an executive bill that has as its objective the provision of pensionable benefits to Ex Governors and their household. The bill was never spoken about by the opposition party and the general public as nothing less than as an affront on the collective sensibility of those to whom power belongs.
The 10th Benue State House of Assembly must learn as fast as possible from the mistakes of her predecessors. The house must understand that it has enormous responsibilities for the people of the state. It must win back the independence of the legislative house as it is expected in the system of government like ours. The wheels of separation of power must be properly oiled and set for use by way of quality legislation, the deployment of the instrument of checks and balances without sentiment. The house will also have to understand her functions and maintain a harmonious boundary with other arms of government. The state has already suffered an almost irreparable damage in the areas of insecurity, economic downturn, decayed of public infrastructure, poor human resource development. The Hon Aondo Dajoh led 10th Assembly must brace itself for the challenges to come. The house must show it mettle. It must ready and willing to summon an uncommon temerity as the house lasted within this political dispensation, to defend the mandate of those who have given the house its legitimacy. Benue States stand on a cliff, one more slip will prove too fatal. To be warned is to be forearmed.
