Okechukwu I. Eme, Ikechukwu Asadu 2017 JOURNAL OF SECURITY STUDIES AND GLOBAL POLITICS Volume: 2 www.sciplatform.com/jssgp Issue: 1 ISSN (Online) 2519-9609 ISSN (Print) 2519-9617 EXPLORING THE FACTORS RESPONSIBLE FOR EXECUTIVE-LEGISLATURE CONFLICTS IN NIGERIA Okechukwu I. Eme*, Ikechukwu Asadu Department of Public Administration and Local Government, University of Nigeria, Nsukka *Corresponding email address: [email protected] The objective of the paper is to explore the factors contributing to the conflicts between the Legislature and Executive branches using Nigeria as a case between1999-2015. This is because Nigerians across social strata lament over the huge cost of this conflict in the polity. Throughout the history of the Nigerian Government, public officials, political practitioners, journalists, scholars, and other observers have commented on legislative-executive relations, their variation, and their underlying causes and consequences. A wide variety of viewpoints has been expressed, about both conflict and cooperation, whether one or the other dominates, and whether benefits or liabilities result from either. Some, for instance, see conflict between the executive and legislature as a necessary and beneficial precondition to limiting and controlling government. Yet others view it as contributing to gridlock over major public policy decisions, thus, making government ineffective. This paper is part of the debate. The data for this study were generated from Focus Group Discussion and documentary sources. Information generated was analyzed using tables and the technique of content analysis. Conclusions arrived after analyses include budgetary and constituency project issues are the major casual factors. Key word: Executive-Legislature Relations, Separation of Powers, Democratic Conflicts in Nigeria, Political Institutions & Nigeria. INTRODUCTION more than a passing interest in the composition of the The relationship between the Nigerian federal executive and leadership of the two chambers of the National Assembly. the legislature since the return of democracy in 1999 has This has over the years led to leadership changes especially been that of mutual suspicion. Historically the legislature is between 1999-2015 (Sklar, 2015). The federal executive often the first casualty each time the military takes over using its might compelled state sections of the state legislative government, as was the case for more than three decades. arms to remove governors from office, erstwhile governors of While other arms of government such as the Executive and Plateau, Joshua Dariye, Oyo, Ladoja and Bayelsa, Diepreye the Judiciary survived, the legislature was usually at the Alameiyeisigha, are examples. receiving end. This, as is to be expected has resulted in Only recently, both chambers of the National Assembly passed reduced capacity in this arm of government. This in turn was resolutions asking the President to fire some of his made worse by the high turnover of legislators. While the appointees. The row over who has the last say on budgetary executive is accused of suffering from a hangover from the issues is one, which is likely to remain for a long time to come. military era, the legislature is often accused of trying to usurp Perhaps, the need to address some of these challenges executive functions. This is without prejudice to the fact that informed the decision by the office of the Special Adviser to the 1999 Constitution explicitly defines the roles of each arm the President on National Assembly Matters to organize a of government. National Conference on Executive–Legislature Relations in The Nigeria’s 1999 Constitution confers enormous powers on 2014. This contribution is geared towards exploring the the President, who is at the helm of affairs at the executive factors responsible for these unhealthy relations. To achieve branch; it also takes into cognizance the need for checks and this objective, contextualizing Executive- legislative relations balances to prevent abuse. Part II 4 (1) of the Constitution follows the introduction. The methodology and theoretical specifically states that legislative powers shall be vested in the framework of analysis are next. The discussions and findings National Assembly for the Federation which shall consist of a of the study closely followed. Senate and the House of Representatives. Section 4 (2) reads: Theoretical Underpinning of Executive-Legislature “The National Assembly shall have power to make laws for Conflict: Throughout the history of the United States the peace, order and good government of the Federation or Government, public officials, political practitioners, any part thereof with respect to any matter included in the journalists, scholars, and other observers have commented on Exclusive Legislative List set out in Part I of the Second legislative-executive relations, their variation, and their Schedule to this Constitution.” underlying causes and consequences. A wide variety of However, over the years, occupants of positions at both levels viewpoints has been expressed, about both conflict and of government and to some extent, the judicial arm of cooperation, whether one or the other dominates, and government have in the performance of their functions, whether benefits or liabilities result from either. Some, for stepped out of their constitutionally recognized territories. instance, see conflict between the executive and legislature as For instance, although using proxies, the executive has shown a necessary and beneficial precondition to limiting and EXPLORING THE FACTORS RESPONSIBLE FOR EXECUTIVE-LEGISLATURE CONFLICTS IN NIGERIA Okechukwu I. Eme, Ikechukwu Asadu controlling government. Yet others view it as contributing to government, as was the case for more than three decades. gridlock over major public policy decisions, thus, making While other arms of government such as the Executive and government ineffective. the Judiciary survived, the legislature was usually at the James Madison, defending the newly proposed Constitution in receiving end. This, as is to be expected has resulted in 1788, noted an underlying principle of competition and reduced capacity in this arm of government. This in turn was rivalry among the branches, as a means of limiting and made worse by the high turnover of legislators. controlling government (Madison, 1987). Known as the Former Senate Leader, Victor Ndoma-Egba, noted this in a ``Father of the Constitution'' for his key role in drafting the recent interview, when he declared, “The unusually high document, reporting on deliberations at the Constitutional turnover of legislators has not helped the system. Each time Convention, and authoring important Federalist Papers you bring in a new set of lawmakers, they begin to learn the Madison also reflected on the checks and balances system and ropes from the beginning and this takes time.” While the the need for auxiliary precautions to sustain it: ``A executive is accused of suffering from a hangover from the dependence on the people is, no doubt, the primary control on military era, the legislature is often accused of trying to usurp the government; but experience has taught mankind the executive functions. This is without prejudice to the fact that necessity of auxiliary precautions (Madison, 1987). The the 1999 Constitution explicitly defines the roles of each arm constant aim is to divide and arrange the several offices of government. [branches of government] in such a manner as that each may The nation’s Constitution confers enormous powers on the be a check on the other (Papers, 1961). President, who is at the helm of affairs at the executive Historian Edward S. Corwin concluded that the system of branch; it also takes into cognizance the need for checks and checks and balances applied even to foreign policy, where it balances to prevent abuse. Part II 4 (1) of the constitution might appear that the President has preeminent specifically states that legislative powers will be vested in the constitutional authority. In a now classic phrase, Corwin National Assembly for the Federation, which shall consist of a wrote instead that ``the Constitution is an invitation to Senate and the House of Representatives. Section 4 (2) reads: struggle for the privilege of directing American foreign policy “The National Assembly shall have power to make laws for (Rosner, 1995). the peace, order and good government of the Federation or Senator Arthur Vandenberg, a leading advocate of any part thereof with respect to any matter included in the bipartisanship in foreign policy during World War II and the Exclusive Legislative List set out in Part I of the Second early years of the cold war, argued that inter-branch and Schedule to this Constitution.” inter-party cooperation was necessary. The Senator cautioned However, over the years, occupants of positions at both levels the President and others in the executive who failed to of government and to some extent, the judicial arm of consult with Congress and, in particular, the opposition party. government have in the performance of their functions, Senator Vandenberg made it clear why prior consultation was stepped out of their constitutionally recognized territories. the desirable approach: ``I don't care to be involved in the For instance, although using proxies, the executive has shown crash-landing unless I can be in on the take-off (Vandenberg more than a passing interest in the composition of the and Morris, 1952). leadership of the two chambers