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Examining the Peculiarities of Executive-Legislative Relations in Nigeria's Presidential System

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Examining the Peculiarities of Executive-Legislative Relations in Nigeria's Presidential System Examining the peculiarities of Executive-legislative relations in Nigeria’s presidential system: Insights from selected states in the Fourth Republic, 1999-2015 Ojo Celestine Jombo Student Number: 215082040 A dissertation submitted to the School of Social Sciences, College of Humanities, in fulfillment of the requirements for the award of degree of Doctor of Philosophy in Political Science, University of KwaZulu-Natal, 2019. May 2019 i Examining the peculiarities of Executive-legislative relations in Nigeria’s presidential system: Insights from selected states in the Fourth Republic, 1999-2015 Ojo Celestine Jombo Supervisor: Dr Khondlo Mtshali Co-supervisor: Dr Omololu Fagbadebo Declaration I, Ojo Celestine Jombo, declare that this study is my original work and that it has not been submitted for the award of any degree or examination at any other university. All the sources that I have used have been fully acknowledged and referenced. The dissertation is submitted in fulfillment of the requirements for the award of degree of Doctor of Philosophy in Political Science, University of KwaZulu-Natal, 2019. Signature: Date: May 6, 2019 ii Dedication To the Almighty God, the Giver of life and the Great Provider; and, my mother, Margret Jombo, and to the loving memory of my late father, George Funsho Jombo, both of whom toiled through thick and thin, to give me University education iii Acknowledgements My deepest gratitude is offered to the Almighty God, the Giver of life, and the Source of all wisdom, for giving me the knowledge and inspiration to succeed in this endeavour. I acknowledge the outstanding contributions of my supervisors, Dr Khondlo Mtshali and Dr Omololu Fagbadebo. Their counsels, consistent supports, patience, and understanding, ensured the speedy and successful completion of this work. Dr Fagbadebo, who, incidentally, was my teacher at my undergraduate level, is a mentor and benefactor. He stood by me when all hopes seemed lost, and he believed in me when everyone else had grown tired of my failings. As the co-supervisor of this dissertation, he served as a true source of inspiration, which provided me with the needed impetus and insights to navigate, successfully, the challenging terrain of doctoral dissertation. The role he played in achieving this great feat will forever be evergreen in my heart. I would like to acknowledge Professor Femi Mimiko, my academic father and a worthy mentor, who identified the innate potentials in me and ensured, against all odds, my enlistment into the academic profession. Sir, I will forever be grateful to you. My profound gratitude and appreciation go to my brother, Mr Gbenga F. Jombo (FCA), an accomplished gentleman and a lover of God, who consistently provided me with valuable and undeniable supports and encouragements which led to the accomplishment of this great feat. I also recognise the contributions of my uncle, Mr Felix Jombo, and Mr and Mrs Lawrence Ayenigbara. I appreciate your labour of love and care. I acknowledge Prof. Olorunfemi, Prof. Aribigbola, Dr (Mrs) Osunyikanmi, Dr Fapohunka as well as friends and colleagues too numerous to mention, both in Nigeria and South Africa. I appreciate the unique contributions of Mr. Dare Arowolo and Mr Adeleye, O.K, towards the successful completion of this work, especially at the most trying periods. I appreciate my adorable and caring wife, Temitope Veronica Jombo. This rare gem stood firmly by me all through the most challenging moments of this research work and gave no objection when I needed to take difficult decisions which touched on her comfort and ego but offered her supports and that enabled me to forge ahead. I always become emotional whenever I remember your sacrifice of love! iv List of Tables Table 1 State by State distribution of Federal Constituencies in South Western Nigeria. Table 2 Sample of Executive-legislative conflicts at the State levels, 1999-2015 Table 3 Turnover rate of Speakers of Ekiti State Second Assembly, 2003-2007 List of Figures Figure I Input-Output Model of System Theory Figure II System Analysis of Executive-Legislative Relations v Abbreviations AC Action Congress ACN Action Congress of Nigeria AD Alliance for Democracy ANPP All Nigeria Peoples Party AP Accord Party APC All Progressive Congress APP All Peoples Party CDC Constitution Drafting Committee CRF Consolidated Revenue Fund EFCC Economic and Financial Crime Commission FCT Federal Capital Territory FEC Federal Executive Council GNPP Great Nigeria People’s Party IGN Interim National Government LP Labour Party NA National Assembly NDC National Defence Council NDSC National Defence and Security Council NGF Nigeria Governors Forum NJC National Judicial Council NPN National Party of Nigeria NPP Nigeria’s Peoples Party NRC National Republican Convention OSOPADEC Ondo State Oil Producing Areas Development Commission PDP People’s Democratic Party PRP Peoples’ Redemption Party RMAFC Revenue Mobilisation, Allocation and Fiscal Commission SDP Social Democratic Party SEC State Executive Councils UPN Unity Party of Nigeria vi Abstract This study examines the peculiarities of executive-legislative relations in selected states of Ekiti, Ondo, Osun and Oyo, South-West Nigeria, in the Fourth Republic. The study interrogates the incessant antagonism and confrontation between the executive and legislative arms of government in the selected states within the ambit of the socio-cultural milieu and institutional contexts peculiar to them. It also examined the implications of the constant acrimonious executive-legislative relation on democratic stability of the states and political stability of Nigeria. Through empirical fieldwork research through interviews, coupled with primary and secondary data from archival materials, public documents and extant literature, the study reviewed and reaffirmed the primacy of the legislature in the Nigeria’s presidential system. With the use of descriptive method and content analysis, the study established the peculiarities of the elites’ behaviour toward the exercise of power in relation to the crisis of confidence that usually engendered constant frictions in the executive-legislative relations in the selected states. The study discovered that the particularistic nature of the political elites in the states and the varying roles and degrees of interventions by political parties, determined the intensity of the executive- legislative feuds. The study revealed the implications of the acrimonious executive-legislative relations on democratic stability of the selected states, and, by extension, Nigeria. The study concluded that eliminating friction between the executive and the legislature is somewhat difficult, if not completely impossible, given the realities of power separation and checks mechanisms built into the nation’s constitution. The study found that determined commitment of the political elites across the executive-legislative divide would be necessary to stem the tide of political instability arising from the tension generated by the conflict between the two arms of government. For democratic stability to be sustained, the arms of government should operate within the limit of their constitutional powers while the judiciary is strengthened and insulated from the vagaries of politics. An activist judiciary is needed for judicious interpretation of the rules and principles that guide the operation of presidential system in Nigeria. vii Table of Contents Title Page i Declaration ii Dedication iii Acknowledgements iiv List of tables and figures v Abbreviations vi Abstract vii Table of Contents vviiiii ……………………………………………………………………………………………………………… Chapter One: Introduction 1 Chapter Two: Executive-Legislative Relations in Presidential Systems 20 Chapter Three: System Analysis of Executive-Legislative Relationships in Nigeria’s Presidential Democracy 422 Chapter Four: Executive-Legislative Relations in the Nigerian Presidential System 577 Chapter Five: Executive-Legislative Politics and the 1999 Constitution 80 Chapter Six: Peculiarities of Executive-Legislative Gridlocks in Nigeria’s Fourth Republic 108 Chapter Seven: Executive-Legislative Conflicts and the Stability of Nigeria’s Presidential System 157 Chapter Eight: Summary, Conclusion and Recommendations 185 Bibliography 202 Appendices 220 viii Chapter One Introduction 1.1 Background information Modern democracies operate on the basis of shared decision-making powers, among the three principal branches of the government: the executive, legislative and the judiciary. Generally, the drafters of the constitution usual make statutory provisions to formalize the structures of these interactions. However, in practice, precedents and habits often fill in the gaps to create the political context for the daily routine operations of the government.1 In other words, the constitution defines the interface between the executive and the legislature in the conduct of governmental affairs. Nevertheless, the nature and the context of power sharing determine the relative influence, that each of the branches of government has, over public policy (Lijphart, 1991; Aminu, 2006). There are studies on executive-legislative relationships in democratic settings. This is predominant in presidential systems, given the independent nature of the two branches of government (Obiyan, 2013). Presidentialism operates on the principles and application of the doctrines of separation of powers and checks and balances (Nweke, 2013). Heyhood (1997, p.297) has noted that separating the power of the legislature
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