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Legal Issue Brief National Institute for Legislative and Democratic Studies National Assembly LEGAL ISSUE BRIEF Issue 1, No. 1, January 2020 Practice of Bicameral and Unicameral Legislature in Nigeria: A Re–appraisal Chukwuka Onyeaku, LL.B, LLM, M.Sc., M.A, PhD, BL Legislative Support Service Department 1.0 Introduction argument. The brief concludes that a bicameral legislature is unavoidable in the By A central feature of any constitution is country for reasons of its being a federation. the organization of the legislature. A legislature may be organized as a unicameral The brief is discussed in five sections. body with one chamber or bicameral body Section 1 is the introduction. Section 2 with two chambers. Unicameral legislature clarifies the conceptual framework. Section 3 is typical in small countries with unitary discusses the case for and against bicameral system of government (e.g. Denmark, legislature and unicameral legislature. Sweden, Finland, Israel, and New Zealand).1 Section 4 examines the suitability of Federal states, whether large or small, bicameral legislature in Nigeria. The brief is usually have bicameral legislature, one concluded in section 5. house usually representing the main 2.0 Conceptual clarification territorial subdivision2 and other representing the constituent units. A classic The word “unicameral” or unicameralism is example is United States Congress, which derived from the Latin “uni” meaning one consists of House of Representatives, and a and “camera” meaning chambers. According Senate.3 Nigeria adopts the same system. to Adigwe, a bicameral legislature is one that Recently, there have been queries over the contains two chambers, i.e. the lower house existence of bicameral legislature in Nigeria. or the first chamber and the upper house, it is In view of this, this brief discusses the issue the practice or the system of having one by evaluating the pros and cons of the legislature or plural chambers.”4 The 1 Arowolo, D.E, ‘Democracy and Bicameralism in Parliamentary Cooperation, Organized by the Nigeria: Issues, Challenges and the Way Forward’ National Assembly in collaboration with the [2019], Review of Public Administration and Canadian Parliament, Abuja 23rd-26th August Management (Vol. 3 No. 7) 3 Dahl, R.A., Shapiro, L. and Cheibub, J.A., The 2 Bugaje, U., “The Evolution of the Legislature and Democracy Sourcebook, Massachusetts,( MIT Press, Challenges for Democracy in Nigeria: An Overview,” 2003) [2003], A Paper Presented at the Seminar on 4 Adigwe, F., Essentials of Government for West Strengthening Democratic Values through Africa, Ibadan, University of Ibadan Press, 1979, 41 1 www.nils.gov.ng National Institute for Legislative and Democratic Studies National Assembly relationship between the chambers varies; in states and districts are represented in the some cases, they have equal power, in others, National Assembly. one chamber is clearly superior by its powers. In the absence of bicameral legislature in As Arowolo pointed out, “it is commonplace Nigeria, some zones or constituencies with a in most federal systems to have a bicameral higher population than others will always be legislature, with the upper chamber producing more Senators and Honourable representing the constituent states, while the Members to the House as the small zones or lower chamber represents the people as it is districts will have no choice than to align with in the United States and Nigeria.”5 In both them. This development does not augur well countries, the upper house represents the for democracy as the smalls groups are in this component parts, and the lower house context marginalized by the major groups. represents districts based on population.6 However, the procedures of bicameral 3.0 Argument for and against Bicameral legislatures in which both chambers must Legislature and Unicameral approve legislation often result in Legislature complications slowing or blocking the passage of important laws. Notwithstanding, At present, there is ongoing public debate on the advantages of bicameral legislature in whether Nigeria should retain bicameral Nigeria outweighs the practice of single legislature or practice unicameral legislature. chamber legislature because of multi-ethnic Each side of the debate gives its own reasons and multi-cultural composition of Nigeria.8 in support of or against bicameral legislature The second chamber is useful in another way: or unicameral legislature. Whatever the it debates general issues of policy. The position of each divide, this brief argues that pressure of parliamentary work on the lower bicameral legislature enforces an effective house is often so great that it is unable to system of checks and balances preventing the discuss those general issues of policy which enactment of laws unfairly impacting or do not come within the scope of the Bill it favouring certain factions of government or passes. The upper house acts as a necessary the people.7 Bicameral legislature in Nigeria check on the lower house and prevents ensures equal representation at state level tyranny. It applies the necessary break (three Senators from each state) in the Senate, whenever the lower house is about to push and proportional representation of states through a Bill in a hurried manner. Finally, based on population in the House of bicameral system helps to reconcile the views Representatives. This again ensures that all 5 Arowolo, D.E., ‘Democracy and Bicameralism in 7 Diamond, L., Assessing the Quality of Democracy, Nigeria: Issues, Challenges and the Way Forward’ Baltimore, MD, (John Hopkins University Press, [2015], Journal of Review of Public Administration 2005) and Management, (vol.3 No.7), 4 8 Okuwa, B., Retaining a Bicameral Legislature for 6 Roskin, M.G., Political Science: An Introduction, Nigeria, Arkansas,( University of Arkansas Press USA, Pearson Education Ltd, 2008 2001) 2 www.nils.gov.ng National Institute for Legislative and Democratic Studies National Assembly of component states of the federation through hindrances of preponderance of population, both the upper house and the lower house.9 coordination and resources. In Nigeria, Bicameral legislature is suitable so as to The only two arguments in favour of ensure adequate representation of ethnic unicameral legislature is that first, it quickens groups that make up Nigeria. It is also the legislative process. There is no question suitable in order to ensure checks and of submitting a Bill to the second chamber. balances and good governance built upon But then, it is possible that unsatisfactory separation of powers and adherence to stated measures could be passed into law and there rules. It is held belief that bicameral is no guarantee that tyranny and abuse of legislature is capable of preventing and power will be checked whenever they arise. checking hasty legislation designed to serve Second, unicameral system cuts down the the parochial and personal aggrandizement of expense of running the government. The a particular leader. salaries or allowances which would have been paid to the members of the second A bicameral legislative structure at the center chamber can be used for other purposes.10 of a federal system will help Nigeria stabilize Notwithstanding, in a federal state like by checking and preventing tyranny of a Nigeria, a bicameral legislature is preferable group of people or states who are more in to a unicameral legislature. In fact, an upper number and geographical spread from time to house is an indispensable instrument for time. Nigeria’s Senate today is representative maintaining a balance of power between the of the states; the units that constitute its component units in a federation.11 federal structure and its members are elected by the people of the various states for that 4.0 Why Bicameral Legislature is suitable purpose.13 It is, therefore, imperative for the for Nigeria state to play their unifying role as a second The essence of representative democracy legislative chamber at the center and act as a stems from its ambition of check to any kind of legislation which the representativeness.12 According to Arowolo representatives from any group of states may people, who, through the ballot, have want to unfairly impose on the country. willingly surrendered their sovereignty to the Legislative bills need to be duplicated and elected officials in the legislature, expect later reconciled in order to prevent group or credible representation based on mutual trust class or ethnic tyranny. As a developing in return. The legislature therefore is the eyes nation, Nigeria need to retain the practice of of the people and is expected to do for the bicameral legislation at the center to sustain people what the citizenry could not do for its growth and political development. There themselves as a result of perceived 9 Arizona, C.L., “NATIONAL Assembly: Law-Dealing or 11 Burke, E., On Government, Politics and society, Raw-Dealing?’’, Lagos, This Day, May 2009 London, (Fontana Press, 1975) 10 Harvey, J. and Harvey, M., Government and 12 Arowolo, D.E. (n 3), 2 People: The public Expenditure, London, (Macmillan 13 Dibie, C., Essential Government, Lagos, (Tonad Press, 1989) Publishers Ltd, 2003) 3 www.nils.gov.ng National Institute for Legislative and Democratic Studies National Assembly is also the issue of equitable distribution of Representatives, the equitable distribution of seats and division of labour through the seats and resources at the center, and the assignment of certain minor matters to a fostering of unity that is associated
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