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Institutional Perspective: Legislative-Executive Relations Under ’s Democratic Dispensation **1Okpe, Victor Vincent & Shamsuddin L. Taya [email protected] Universiti Utara Malaysia [email protected] Universiti Utara Malasia Abstract Key Words: Democracy, executive-

The emergence of the All Progressive legislative relations, National Assembly, Congress (APC) government at the 2015 general election in Nigeria became the first Nigerian presidency time since the return of democracy in 1999 any opposition party would exercise control over the federal government. The victory Introduction was great as it controls the executive with st the presidency and having the highest In the 21 century democratic dispensation, members of the national assembly at the same time. However, not long after the new the interrelationship between the legislature government was sworn in, troubles began to shoot in revealing the party’s lack of and the executive arm of the government cohesion and organization. This situation revealed absence of policy cohesion between under a presidential system cannot be kept the legislature and the executive. Thus, this study aimed to examine the relations in introversion, particularly in countries such between the legislature and the executive under the APC 2015 led administration. It is as Nigeria, United States, Brazil and South divided into several parts. These included: legislative-executive relations under the Africa among others. With a particular focus APC government and cases of legislative- executive clash under APC administration. on Nigeria, Nigeria is a federal republic in The study relied on qualitative research and Institutional Theory. Data were generated the West African region, with about 200m from both primary and secondary sources. Upon conclusion, the study revealed that people (National Bureau of Statistics, 2015). internal crisis, rancor and differences that featured the emergence of the principal It shares border with Cameroon and Chad in leadership of the House of Representatives and the Senate was the genesis of the seed of the east, Benin Republic in the west, and the disunity between the party, the legislature and the executive. Niger Republic in the north. Nigeria has 36 states, with its federal capital territory in

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Abuja (Adeyemi, 2018). According to other political parties will control the federal

Adeyemi (2018), Nigeria has enjoyed 19 government. The victory was absolute, years of uninterrupted democratic stability having the majority at both the senate and since May 29, 1999 to date, after a the house of representative and with the lengthened period of military reign and executive president, all at the same time occupation of the nation’s political system, (Ojibara, 2017). which lasted for almost 16 years between With regards to the above political (1983-1999). scenario, the new party APC haven wrestled

Furthermore, since the return of the power from the then ruling party (PDP), and country to a democratic rule in 1999, the having the majority of the members of both

Peoples Democratic Party (PDP) has ruled the national assemblies, the objective of this the country for absolute 16years without article is therefore, to examine and analyze power interruption. However, the 2015 the interrelationship between the National general election in the country, threw up a Assembly and the Executive arm of the surprised outcome by wrestling power from government since the emergence of the APC the Peoples’ Democratic Party (PDP) and administration in Nigeria. The aticle makes leading to the emergence of the All use of qualitative research approach, as well

Progressive Congress (APC) both at the as Institutional Theory. Data shall be federal and with a good number of states at generated via both primary and secondary the regional level (Ojibara, 2017). The sources and it is structured as thus, the emergence of APC at the 2015 general introduction, conceptual clarification and elections, since 1999, was the first time any review of relevant literatures, theoretical

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framework, functions of the legislature, the the interaction between these two political executive functions, and the relationship institutions. In addition to this, Lijphat between the organs, challenges, conclusion (2004) debated that the constitutional and then recommendations. powers embedded in the legislature and the

executive are significant because they define Conceptual Overview and Review a far-reaching framework for of Important Literatures communication between the two powers. Legislative-Executive Relations Also, institutionalized rules are According to Aiyede and Isumonah (2002), progressively becoming significant in the significance of interaction between the regulating the conduct of the political actors, legislature and the executive in any and most especially in Africa (Posner & democratic dispensation can only come to Young, 2007). play in an arena in which the political institutions, especially the legislature and the Furthermore, constructive interaction executive, are functional and relate in a between the legislature and the executive manner that strengthens confidence in the arms of the government are vital to the government. In a closer dimension, Kopecky effective maintenance of the rule of law and

(2004) observed that the relationship the constitution as a whole (Holme, 2007). between the executive and the legislature is However, in recent years, the character of one of the major defining features of the this interaction has significantly changed, functioning of any political system. He both because of the wider societal changes further explained the significant place that and changes in governance. With regards to legal and structural factors hold in shaping this, various authorities have been

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expressing a broad variety of opinions on operation of government. The role of the the legislative-executive relations, about legislature in any society cannot be over cooperation and conflict, either one or the stressed and in view of this, Bernick and other dominates the other, and either Bernick (2008) observed the legislature as liabilities or benefits result from either. the people’s branch with a significant

While some view loggerhead between the objective of articulating and expressing the legislature and the executive as a beneficial collective will of the populace. As an organ and necessary requirement to limit and of the government, it stands as the platform control the government (Aiyede, 2005), for the representation of the people (Taiwo others see it as a contributing congestion & Fajingbesi, 2004). Closely, according to over major public policy decisions, hence Anyaegbunam (2000), he sensed the making government unproductive (Dulani & legislature as occupying the significant role

Donge, 2006; Mbah, 2007). of making, amending, revising, and

repealing laws for the well being and The concept ‘Legislature’ advancement of the population it represents. The concept ‘legislature’ has been given Similarly, the legislature stands as an various names across countries of the world. official body often chosen by election, with It is known as the National Assembly in the constitutional power to make, repeal or Nigeria, the Parliament in Britain and the change laws, as well as represent their Congress in the United States (Heywood, constituency in the national assembly and 2007; Lafenwa, 2009). In addition, control the government. In the same vein, Heywood (2007) further observed the Okoosi-Sinbine (2010) sees the legislature legislature as a significant institution in the

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as policy influencing body, deliberative and play the role of ensuring that public services lawmaking group working to promote are fully maintained in that policy as democratic political system. He went further intended by the national assembly; third, to observe the legislature, as the First Estate coordinates the activities of various of the Realm, site of sovereignty, the realm departments of the state. In view of this, of representation, and the expression of the Puke (2007) sensed the executive as being will of the populace. Considering the trend responsible for availing good and in the analysis, it appears that the authority responsible governance for the country. In of the legislature is gotten from the populace addition, Edosa and azelama (1995) in their and should be exercised in the interest of the understanding, observed the executive as the populace. vital organ of government responsible for

the implementation of public policies. They The concept ‘Executive’ further observed that, from time According to Heywood (2007), the immemorial, allocations, making and executive is the irreducible organ of enforcing binding rules through the government. In the same vein, Laski (1992) executive has been the basic functions of the in his own opinion, observed the executive government. They, however, noted that, as occupying a significant position in the while political structures existed for conduct of the state. He further maintained centuries without separate organs for that the executive in most democratic making laws, state structures without the countries exists to, first, decide on the final executive organ will find it difficult to choice of public policy to be submitted to succeed. In stressing the importance of the the national assembly for approval; second,

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executive, Heywood (2007) believes that a 1997). However, from a concrete political system can operate in the absence contribution that have been written on it by of assemblies, constitutions, political parties reputable authorities, without equivocation, and even the judiciary, but cannot withstand it is made clear that democracy originated in survival in the absence of the executive that the fifth century B.C. and this led to its performs the functions of formulating the coinage by the historian known as policies of the government and equally ‘Herodotus’. In view of this, Akindele ensure that they are well implemented. (1987) noted that this historical effort

Similarly, Anifowose and Borede (2007) in catalyzed the origin of democratic ideas in his opinion considers the executive as the history. Democracy as a concept emanated arm of government that is primarily from two important Greek words, known as concerned with the application of the public ‘Demo’ meaning the populace and ‘Kratia’ policies and the authoritative rules of the meaning the rule. Thus, the basic meaning society. of democracy was ‘the rule by of the

people’. In this period, among its specific The Concept ‘Democracy’ features were included by Herodotus, such The term democracy on its own has proven as “popular deliberations” and “equality various controversies, ideological, analytical before the law” (Akindele, 1987). To call it disputations and philosophical camps. short, democracy has enjoyed a popular Democracy as a type of political acceptance as the government of the people, arrangement, just like other concepts of its by the people and for the people as noted by kind, has been difficult to define without Abraham Lincoln. In view of the above ideological ambiguity (Akindele & Olaopa,

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scenario, it is obvious that legislative- Powel (1983). In view of this, Valenzuela executive relation can only manifest in a (2004) and Lijphart, (2004) observed that democratic setting such as Nigeria, United institutional model has been an ultimate

States, Canada, Brazil among others. theoretical framework in the study of

legislative-executive relations. This theory Theoretical Framework argues that, cooperation and conflict Theory is a vital component in any study. It between the legislature and the executive are avails a foundational structure in which a conditioned by basic questions of study is built. In view of this, Bunch (2005) institutional design (Linz & Velanzuela, observed that a theory provides a framework 1994). It believes that, the features of a for examining various strategies in both nation’s institutional framework account for short and long run studies. It also observes observed economic, political and social the nature of changes that they may possibly outcomes in the nation (Butler & Hammond, occur from an event under study. With 2003). The theory went further to observe regards to this, this study will make use of that institutions do not only influence the institutional theory to explain the strategies of actors, such as the legislature Legislative-Executive relation in Nigeria and the executive, but equally affect the under the APC government. possible distribution of particular political Institutional Theory outcomes, and thus, a nations political The early proponents of Institutional Theory structure which may have a huge implication were Cohen, March and Olsen (1972); on the policy outcomes (Lijphart, 2004; Meyer and Rowan (1977); Dimaggio and Cheibub, 2007). In the light of the above,

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the relevance of the theory in this study (a) Legislation: becomes indispensable. Through the theory, One of the most basic and significant role of enlightenment has been shown that the the legislature anywhere in the world nature of any institutional arrangement involves legislation (Abonyi, 2006). The determines the nature of the relationship and legislature has the duty of passing laws productivity outcome. With this, either (Laski, 1992). He further noted the corporation or conflict between the legislature as a constitutional body that lays executive and the legislature will not be a down the golden rules of the society. The surprise due to the nature of both institutions legislature has the duty of making good laws and what they represent. for the good governance of the society.

These laws may emanate from the executive Functions of the Legislature branch or as a private member’s bill In any political and democratic setting, the (Benjamin, 2010; Abonyi, 2006). roles of the legislature are usually taken with (b) Oversight Function: utmost importance. In view of this, the Another important role of the legislature is legislature stands as a significant institution the oversight function over the executive. In that promotes the affairs of the state. It, view of this, Fashagba (2009), observed therefore, performs the following vital roles oversight function as a vital component as discussed below; activity of the present day legislature,

notwithstanding the form of government in

practice. According to Saliu, Hassan and

Mohammed (2010), who sensed legislative

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oversight function as a process in which the performing the role of representing the legislative body assumes an active role in choice of their constituencies. monitoring and investigating the (d) Financial Oversight performance of the executive and its cabinet. Another responsibility of the legislature Fashagba (2010), further noted that the involves authorizing the expenditure of the legislature has the constitutional role of government. In the light of this, Sanyal overseeing the performance of the (2009), argues that all the expenditure of the government and holds it responsible for its government with the exception of a few, as actions and inactions. enshrined in the constitution, must be

(c) Representation sanctioned by the legislature. He further

Representation is the key role of the noted that, this is performed as a component legislature (Awotokun, 1998). He further of the annual budget process. Lafenwa and noted that the complexity of the present day Gberevbie (2007) also observed this role of administration has made it difficult for the the legislature as a machine for the populace to directly engage the affairs of the endurance of a democratic government. state as obtainable in the early Greek City- (e) Committee Function States. Similarly, Edosa and Azelama (1995) According to Fashagba (2010), committees observed that the legislative representation are task oriented bodies, with a defined function avails the people the opportunity to purpose and direction. In the view of contribute their say in governance. Thus, Heywood (2007), legislative committee Simon (2002) observes the legislature as operates as the anchor of the legislative

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process and as the engine rooms of the demands and bills of the government. The legislature. He noted further that, the diagram below summarizes the functions of committees in details examine legislative the legislature. measures as they scrutinize financial

Figure 1.1.

The Legislature

Functions

Legislation Oversight Representation Financial Committee Function Oversight Function

The Functions of the Executive (a) Administrative Function

The executive as a vital organ of the The executive organ of the government, government performs the role of controlling, according to Edosa and Azelama (1995), coordinating and administering the state carries out extensive functions emanating affairs. It equally supervises, coordinates from the growing complexity of the and directs the implementation of laws contemporary political system. In view of (Abonyi, 2006). Furthermore, the executive this, the executive performs the following also appoints, disciplines, controls or even roles as shown below;

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terminate the higher administrative officers. and dissolving the legislatures as enshrined

Such appointments are, however, confirmed in the constitution. by the legislative organ. According to (c) Judicial Functions Anifowose (2008), other functions include, The executive also engages in judicial control of the military, declaring of a state of function by issuing prorogation of mercy to emergency in the state, conduct of foreign offenders of the country. This type of affairs, and engage in treaties with other prorogation may include lessening a judicial sovereign nations. sentence already passed on an individual

(b) Legislative Functions who had performed an act of crime, delaying

Under this, the executive engages in execution or even reprieving an individual legislative functions through initiating bills from the legal punishment of crimes for consideration by the legislature. committed. The executive can equally issue

Furthermore, it can issue rules and statutory a declaration of amnesty on a particular orders vital to accommodate changing class of individuals, such as freeing them circumstances in the state. According to from the legal punishment of their crimes

Anifowose (2008), the executive carries out (Anifowose, 2008; Abonyi, 2006). The the political role of proroguing, summoning figure below summarizes the functions of

the executive.

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Figure 1.2.

The Executive

Functions

Administrative Legislative Judicial Function Function Function

Legislative-Executive Relation under the APC Government (2015 to date)

When it became clear that the All Representative will emerge from. The then

Progressive Congress (APC) had won the party in power, People’s Democratic Party

National Assembly and the Presidency (PDP) had a strategy for power sharing general elections, the internal politics and between the six (6) geopolitical zones in the intrigues of who will emerge as the Head of country. But unfortunately, the new APC the Senate and that of the Speaker of the party has no zoning in their constitution.

House of Representatives commenced. In Furthermore, after the general view of this, the National Assembly became election and based on the zoning induced with crisis and conflict emanating arrangement by the past defeated party from which part of the country, the Senate (PDP), Nigerians believed that the Speaker

President and the Speaker of the House of or the Senate President would emerge from

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the South-South or South East regions, since Representative, Honorable Yakubu Dogara the President came in a like mind, equally went against the wish from the North West, the Vice President of the party, conspired with the opposition

Yemi Osinbajo from South West. and emerged as the Speaker of the House of

Unfortunately, the new party APC had no Representative. The emergence of Bukola senators from the South-South and South- Saraki as the Senate President and Yakubu

East regions at that time, but (APC) Dogara as the Speaker of the House of presently has three senators from the Representatives did not go down well in the regions, after some politicians cross- presidency as well as in their APC party. carpeted from the Labor Party (LP) and More crises and conflicts became worsened

(PDP) to (APC) and also, the House of as both the presidency and the party

Representatives equally lacked ranking leadership threatened to punish the two members from the regions too. With this, the personalities over their conduct which they leadership of the National Assembly became described as a rebellion against their party wide open for any individual to grab. and the presidency.

However, considering the vacuum that was Therefore, in addition to the above, created in the National Assembly, Senator all efforts to salvage the impact of the from the north central went rebellious conduct of both Speaker Yakubu against the wish of his party All Progressive Dogara and the Senate President Bukola Congress (APC), conspired with the Saraki, the presidency and the APC opposition party PDP and emerged as the presented recommended names for the rest Senate President, while in the House of principal offices of the National Assembly.

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The APC and the presidency, approved Deputy Chief Whip. This conduct again by

Ahmed Lawan (North-East) as the Senate Senator Saraki did not go down well in the

Majority Leader, Senator Dr presidency and the party leadership, but

(North-Central), as the Deputy majority Saraki presented his reasons. Sen. Saraki leader, Sen. Sola Adeyeye (South-West) as debated that he adopted the rules and the the Chief Whip, Senetor Abu Ibrahim from procedures of the senate, which empowered

(North-West) as the Deputy Chief Whip; the zonal caucuses, and not the party, to

Hon. Gbajabiamila (South-West) as House present candidates for principal offices in

Leader, Hon. Ado Alhassan Doguwa the chamber (Tsan & Nda-Isaiah 2015). On

(North-West) as the Deputy House Leader, the part of Yakubu Dogara, the Speaker of

Hon. M. Monguno (North-East) as the Chief the House of Representatives, he earlier

Whip and Hon. Iriase Pally (South-South) as reasoned legal factors and federal character the Deputy Chief Whip (Gbadebo & principle for his refusal to appoint

Odemwingie, 2015). However, contrary to candidates approved by the party, but later the presidency and the party’s rescinded and appointed the party’s recommendations of names, as observed by candidates for principal positions in the

Umoru and Erunke, (2015) Senator Bukola House of Representatives.

Saraki pronounced Senator Ali Ndume Cases of Legislative-Executive (North-East) as the senate majority leader, Clash Under the APC Administration Senator Ibn B. Na’allah (North-West) as the In view of the unfolded scenario between Deputy Senate leader, and Senator the Senate President Bukola Saraki, and the Alimikhena Francis (South-South) as the Presidency and his party, Senator Saraki

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became winch hunted by the presidency and cases discussed below are the major face- his party. The presidency and his party offs between the legislature and the assumed the prosecution of the senate executive under the APC administration; president Bukola Saraki and his deputy The National Budget Discrepacies senator Ike Ekweranmadu from the One of the clashes between the legislature opposition PDP, on the bases that they and the executive lies in the budget allegedly forged the standing rules of the discrepancies on what the executive senate in their favor. Senator Saraki was also submitted to the legislature as its 2016 accused of false declaration of asset before appropriation bill and what was defended by leaving the office as the governor of Kwara the heads of the agencies at the State, among other charges leveled against appropriation committee level. First, the him by the presidency and his party. lawmakers argued that the budget was However, to many, the senate president is inflated by the executive with unclear items being victimized politically by the inserted. However, the majority of the presidency and his party, and thus, must Ministries, Departments and Agencies need support and help from the opposition (MDAs) argued that the budget being party (PDP) senators whose member he referenced by the lawmakers, varied from made the deputy senate president. From the what they prepared for presentation by the beginning, the presidency lacks coordination president. The discrepancies led to on one hand, and between the National allegations and counter-allegations, and the Assembly and the presidency on the other likelihood that the presidency presented two hand. In view of the above, the following versions of the budget.

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Allegation of Budget before the senate. The summoning was

Disappearance bordered on the allegation of a fraud at the

The was equally the allegation of Presidential Initiative of North East (PINE). disappearance of the national budget from It was a contract awarded for a grass the senate after it was presented by the clearing in the northeast refugee camp. The executive. The allegation that trailed the senate investigated the matter and

2016 budget stands as a reflection of the discovered a fraud to the tone of $1,388, absence of coherency, cooperation and 889m for grass clearing and was against the coordination between the national assembly, rule of the public procurement act. In view

APC and the presidency. Even though the of this, the senate presented its report to the executive continually met with the Speaker president and ordered that the sack of the and the Senate president, it has not really SGF. But in response to this, the president made their interaction less confrontational sent a letter to the senate exonerating the that usually emerges most of the time. SGF which did not go down well between

the legislature and the executive. Rejection of the Senate Summons

Another face-off between the legislature and The Appointment of EFCC the executive is the rejection of the senate’s Chairman summons by some top government officials Immediately after president Muhammadu in the executive. First, the Secretary to the Buhari took the oath of office, he decided to

Government of the Federal (SGF), David change the leadership of the Economic and

Babachir Lawal was summoned by the Financial Crime Commission (EFCC) which legislature, but refused to present himself was one of his priorities in order to curb

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corruption. who was the of those accused is an unusual occurrence. then chairman of the commission was Finally, when the name of the acting replaced by Ibrahim Mustapha Magu in chairman of the EFCC was forwarded to the acting capacity. The Act of the EFCC senate by the president for confirmation, to empowers the president of the federation to the surprise of the president, his name was appoint the chairman of the commission, but rejected by the Senate on the ground of the must be subjected to the senate for approval. report submitted to the senate by the

On the assumption of work, the acting Department of the State Security Service chairman began an anti-graft crusade. With (DSS) of lacking integrity to regards to this, much money was voluntary hold the office as a substantive chairman of and secretly returned to the government, the commission. However, the presidency while the EFCC operators pursued the sent the name again for the second time to recovery of hidden money in stores, the senate, but according to the policy apartments, and banks. makers as reported one of them saying:

In addition to the above,Politicians, “The rejection of Ibrahim Magu’s confirmation by the paramilitary chiefs, ex-cabinets, military legislature simply meant that he could not be retained as officers, both the retired and the serving the Acting Chairman of the were investigated and in some cases billions Economic and Financial Crimes Commission (EFCC). of Naira and properties were recovered. We informed the presidency that Ibrahim Magu’s Nigerians, particularly those in support of confirmation as the authentic chairman of the commission the campaign applauded the success was presented dead on arrival recorded, even when the trial and conviction to the senate; and what we

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did was to just conduct his constitution was not sufficiently good burial (Baiyewu, 2017).” enough, but collapsed because of the failure

Perspectives on the Factors that Influence of the government elites to conduct

Legislative-Executive Clash in Nigeria themselves I line with the rules of the game

Considering the above legislative-executive (Ajayi, 2007). The Nigerian constitution face-off under the APC led administration created provisions for every arm of the by president Muhamadu Buhari, as government to operate interdependently. discussed above, the followings discussed However, these responsibilities are below throw more light to the major factors conflicting almost all the time. For example, usually responsible for legislative-executive the responsibility of lawmaking by the face-off in Nigeria, legislature and the executive veto power

seem not to be clear to the executive and the The Constitutional Provision legislature which is one of the good sources According to Fashabga (2010), the of clash. constitution stands as the national guide through which many democratic Conflict of Constitutional Roles governments can attain progress and The role conflict in this case, according to development. He further noted that the Lewis (2011), involves the respect to the constitution establishes the responsibility as endorsement of the budget, execution and well as the powers of the institutions of the evaluation processes. The legislature and the government. The Nigeria’s first and third executive under the 1999 Nigerian republic constitution collapsed, not that the constitution were both empowered to draft

and approve the budgets of the country

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respectively. Consequently, the approach in Obasanjo, he went ahead on the assumption approving and implementing the budget is of office to abolish the Petroleum Trust enshrined in section 80 and 81 of the Fund created by the Military Decree in constitution. However, Sec(81)(1) gives an 1994. This action was perceived by the exclusive power to the executive in legislature as unconstitutional and uncalled preparation of budget. There were several for as he did not engage the legislature occasions in which budget proposals from before abolishing the law. However, the the executive became hampered by the Minister of Justice and the Attorney-General legislature for assent. For Aiyede, (2005) of the Federation intervened by observing observed that in 2002, a budget sent by the that Sec (315) (a) (c), empowers the executive to the National Assembly for an executive under the constitution to adjust assent was delayed for several months prevailing laws in the country. In view of before it took the effect of the law. Budget this, Lafenwa (2007) noted that the first delay by the legislature for approval is republic parliamentary in the country did not usually a concern for the executive and only fail because of the multi-ethnic setting, sometimes even leads to confrontation. but also due to the inactive nature of the

legislatures existing alongside an active and Perceived Executive Dominance resilient executive. Perceived executive dominance by the legislature is another source of loggerhead An Oversight Function of the between the legislature and the executive. In Legislature

1999, during the administration of the One of the functions of the legislature in

Nigerian former president Olusegun Nigeria is an oversight function, which

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cannot be overemphasized. However, how assertive parliamentary leadership which was against the wish of their party and was this legislative function creates considered as a rebellion against the confrontation between these two organs is presidency and the party. Considering the our concern. First, the 1999 Nigeria above revelations, the article, therefore, found out that that in the interest of the constitution mandates the legislature to country and the populace, the two perform this function over the executive in institutions should shift ground in their managing the nation’s fund. Consequently, grievances so that they can jointly provide better governance to the people. The article without this oversight function of the also observed a need for the two institutions legislature, it will become easy for the to equally put the interest of the public first executive to rule with impunity and will be before theirs and co-habitat to further consolidate the nation’s hard earned accountable to nobody for their conducts democracy. about public funds. Sometimes, this oversight functions leads to clash and References conflict between the two organs in Nigeria

(Lafenwa, 2007) [1]. Abonyi, N. N. (2006). Inter- governmental relations in democractic Conclusion and Recommendations federations. John Jacob's Classic Publishers. In view of the above analysis, after thorough [2]. Adeyemi, R. A. (2018). The impact investigation, the article revealed thus: (a) of privatization of telecommunications that the journey and the relationship between sector on the Nigerian Economy: PhD the two institutions has not been very theses, UUM, Malaysia. smooth. (b) that the whole problem started [3]. Aiyede, R. E. (2005). Executive- immediately after the election was won by legislature relations in Nigeria’s emerging the APC party. (c) that the main genesis of presidential democracy. UNILAG Journal of the problem was the emergence of a more Politics. Vol, 2(1).

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[4]. Aiyede, R., and Isumonah, V. A. [11]. Awotokun, K. (1998). Governance (2002). Towards Democratic Consolidation and legislative control in Nigeria: Lessons in Nigeria: Executive-Legislative Relations from the Second and Third Republics. and the Budgetary Process (No. 52). International Scholars Publications. Development Policy Centre. [12]. Baiyewu, L. (2017). Federal [5]. Ajayi, M. O. (2007). The Soccer Government should drop Saraki’s CCT case, Pitch and the Arena of Politics in APC senators tell party, PunchNewspaper, Nigeria. The Soccer Pitch and the Arena of April 5, Politics in Nigeria. [6]. Akindele, S. T. and Olaopa, O. R. [13]. Benjamin, S. A. (2010). National (1997). Local government as agent of Assembly: The Limit of Party politics In Grassroots Democracy in Nigeria; A Legislative Process. Nigeria Journal of Theoretical and Empirical analysis. The Legislative Affairs, 3(1&), 2. Nigerian Journal of Political [14]. Bernick, E. M., & Bernick, L. E. Behaviour, 1(1), 71-81. (2008). Executive‐Legislative Relations: [7]. Akindele, S. T. (1987). Synthesizing Where You Sit Really Does Matter. Social Bureaucracy and Democracy. A Revisit" Science Quarterly, 89(4), 969-986. Quarterly Journal of Administration, 20 (1). [15]. Bunch, C. (2005). “Not by Degrees: [8]. Anifowose, R. (2008). The Structure Feminist Theory and Education.” In Kolmar and Organisation of government. Elements Wendy et‟al (ed) Feminist Theory (2nd ed). of Politics. Lagos: Sam Ironsi Publications. Boston: McGraw Hill. [9]. Anifowose, A. Y. and Borode, A. M. [16]. Cheibub, J. A. (2007). A photogeological study of the fold (2007). Presidentialism, parliamentarism structure in okemesi area, Nigeria. Journal and democracy. New York: Cambridge of Mining and Geology, 43(2), 125-130. University Press. [10]. Anyaegbunam, E. O. [17]. Cohen, M. D., March, J. G. and (2000). Assembly handbook:" a Olsen, J. P. (1972). A garbage can model of legislators'[sic] companion". Friedrich organizational choice. Administrative Ebert Foundation. science quarterly, 1-25.

Available online: https://pen2print.org/index.php/ijr/ P a g e | 848

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November 2018

[18]. DiMaggio, P. and Powell, W. W. Policy Choice and Policy Change in (1983). The iron cage revisited: Collective Presidential and Parliamentary rationality and institutional isomorphism in Systems. Journal of theoretical organizational fields. American sociological politics, 15(2), 145-200. review, 48(2), 147-160. [24]. Heywood, A. (2007). Ideologie [19]. Dulani, B., and van Donge, J. K. polityczne: wprowadzenie. Wydawnictwo (2005). A Decade of Legislature-Executive Naukowe PWN. Squabble in Malawi, 1994–2004. In African [25]. Holme, R. (2007). Relations between Parliaments (pp. 201-224). Palgrave the executive, the judiciary and Parliament. Macmillan, New York. : The Stationery Office Limited. [20]. Edosa, E., and Azelama, J. (1995). [26]. Kopecký, P. (2004). Power to the Institutions of government. Politics and executive! The changing executive– Government: An Introductory and legislative relations in eastern Europe. The Comparative Perspective. Benin City: Uri Journal of Legislative Studies, 10(2-3), 142- Publishing Ltd. 153. [21]. Fashagba, J. Y. (2010). De- [27]. Lafenwa, S. and Gberevbie, D. constitutionalising? Democratic governance (2007). Legislative Oversight and Cost of in Nigeria: Assessing executive-legislative Governance in Nigeria. Cost of Governance handling of executive-power vacuum in the in Nigeria. An Evaluative Analysis. Ekpoma: fourth republic. Africana, 7 (1). Ambrose Ali University Publishing House. [22]. Gbadebo, B. and Odemwingie, E. [28]. Lafenwa, S. A. (2009, December). (2015). NASS Principal Officers: APC The legislature and the challenges of Writes Saraki, Dogara, democratic governance in Africa: The a. Approves Lawan, Gbajabiamila, Nigerian Case. In A seminar paper delivered Others, Leadership June 24. at a conference on Governance and Development on Democratization in [23]. Hammond, T. H. and Butler, C. K. Africa(pp. 4-5). (2003). Some Complex Answers to the [29]. Laski, H. J. (1992). The President Simple Question ‘Do Institutions Matter?’ and Congress. Parliamentary Versus

Available online: https://pen2print.org/index.php/ijr/ P a g e | 849

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November 2018

Presidential Government, Oxford University [37]. Okoosi-Simbine, A. T. (2010). Press, Oxford, 75-77. Understanding the Role and Challenges of [30]. Lewis, P. M. (2011). Nigeria the Legislature in the Fourth Republic: The Country Report. Cape Town: University of Case of Oyo State House of Cape Town Centre for Social Science Assembly. Nigeria Journal of Legislative Report. Affairs, 3(1-3), 1-27. [31]. Lijphart, A. (2004). Constitutional [38]. Posner, D. N. and Young, D. J. design for divided societies. Journal of (2007). The institutionalization of political democracy, 15(2), 96-109. power in Africa. Journal of [32]. Linz, J. J. and Valenzuela, A. (Eds.). democracy, 18(3), 126-140. (1994). The failure of presidential [39]. Puke, T. A. (2007) Substance of democracy (Vol. 1). JHU Press. Government. Lokoja: JHL Printing and [33]. Mbah, P. (2007). Executive- Publications. legislative relations in Nigeria: The [40]. Saliu, Hassan, & Muhammad, A. A. presidency and the national assembly, 1999- (2010) “Exploring the Parliament”. Nigeria 2006. Nigeria Journal of Social Journal of Legislative Affairs, Vol. 3 No. Sciences, 1(40), 281-299. 1& 2.pp 73 – 89. [34]. Meyer, J. W. and Rowan. B. (1977). [41]. Sanyal, K. (2009). The Executive Institutionalized organizations: Formal versus the Legislature. New Delhi: PRS structure as myth and ceremony. American Legislative Research. journal of sociology, 83 (2), 340-363. [42]. Simon, J. F. (2002). What kind of [35]. National Bureau of Statistics. (2015). nation: Thomas Jefferson, John Marshall, Federal Government of Nigeria. Report on and the epic struggle to create a United Gross Domestic Product. States. Simon and Schuster. [36]. Ojibara, I. I. (2017). A Governing [43]. Taiwo, I. O. and Fajingbesi, A. A. Party in Disarray: Executive-Legislative (Eds.). (2004). Fiscal federalism and Relations under APC Government. Global Democratic Governance in Nigeria. Journal of Human-Social Science Research National Centre for Economic Management 17 (1). and Administration.

Available online: https://pen2print.org/index.php/ijr/ P a g e | 850

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[44]. Tsan, A and Nda-Isaiah, J (2015) “APC Senators in fist cuffs over Senate leadership positions” in Leadership June 24, 4 [45]. Umoru, H. and Erunke, J. (2015). Pro-Saraki Senators Emerge Principal Officers, as Senate Adjourns, Vanguard June 25. [46]. Valenzuela, A. (2004). Latin American presidencies interrupted. Journal of Democracy, 15(4), 5-19. [47]. Yinka, F. J. (2009). Legislative oversight under the Nigerian presidential system. The Journal of Legislative Studies, 15(4), 439-459.

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