NIGERIAN NATIONAL LEGISLATURE, THE NUMERO-UNO QUESTION?

It is a trite rule of interpretation for purposes of adjudication that where there is no explicit constitutional provision or guiding law for the resolution of a subject in controversy or dispute, the custom and practice developed over the years in solving such matters, usually steps in to the rescue. This time honored and tested practice, repeatedly resolves disputes the world over but not in Nigeria, as the present case of legislative superiority between the Senate and the House of Representatives suggests. A national legislature, where an ego-driven disputation between a senate president and a speaker of the House have forestalled a would-be presidential budget address?

Icheoku asks, why should such a triviality as a presidential budget address venue, be allowed to constitute a behemoth issue of controversy by any serious country that has her national legislature really working for the peoples business of legislating? But in Nigeria what holds true in majority of other civilized and functioning countries is most always an anathema; and her politicians and leaders so called, having not been elected by the people in the first place, do not have an incentive to work for the people? They really do not care about Nigerians or anything else other than their bottomless pockets. This is what created the absurdity of disputing a presidential address venue to the extent that the address has to be called off; causing all the drama currently playing out in that African country. A country, so endemically corrupt and which although richly endowed with oil and other natural resources, have majority of her citizens living in abject poverty for the most part? Their legislators, instead of making laws to curb corruption and improve the lot of the masses, are busily engaged in self gloating battle for supremacy among themselves as to who is the leader of the pack, hence the numero uno question?

But where does such joint presidential address usually take place, one would ask and why not continue with the practice? What set-off the dispute and what made the formerly non-host to now demand for a change of venue? According to available information, the House of Representatives have been playing host to such joint presidential addresses over the last ten years since Nigeria returned to their now somewhat 'selected-democracy' type of governance? And previously during the second republic of President Shehu Shagari between 1979 to 1983, the practice was the same; - the senators always walking over to the House of Representatives chamber with the senate president presiding? Also during the currency of this present government of President Umaru Yar'Adua, such joint addresses in 2007 and 2008 were held at the House of Representatives chamber; so what suddenly changed to make the midget David Mark-led Senate change its mind and now demand a change of venue? Why did David Mark and his senators suddenly wake up now, feeling too big and superior, to once again embark on this somewhat annual pilgrimage to their sister chamber at the House of Representatives, to listen to the president read his budget address? Icheoku concludes, it appears that it is the Senate President David Mark and his senate that is playing the obstinate child, throwing tantrums and provoking the power struggle infesting the Nigerian legislatures! What a battle of supremacy, indeed! But why?

According to one observer, "In the supremacy battle that these lawmakers are waging, Nigeria is the one loser. The two legislative houses, the Senate and the House of Representatives seem hell bent on asserting their superiority, each over the other and while all this is happening, important things remain undone." Icheoku agrees and adds, this is what happens when touts and retired khaki-boys populate a deliberative arm of the government; the result being the existing varying complexities, of a semi-illiterate senate president who wants to make up his academic and intellectual shortcoming with the use of his brute brash military-like intimidation. Unfortunately, on the other side of the divide is a young, energetic, ebullient, well read and well travelled Speaker of the House of Representatives, Oladimeji Bankole, who according to reports, is not impressed by the shenanigans of an aging senate president. The end result, a face-off of staggering magnitude now threatening Nigeria's fledgling nascent democracy!

So let us review some of what the Constitution provided concerning this two legislatures. According to Nigeria's 1999 Constitution, both legislatures were given equal powers to make laws for the good governance Nigeria; with specific powers conferred on the senate, by section 142 (2), 154 (1) (2), to confirm appointments as may be made by the President. Also, Section 65 (1) of the constitution provides the qualifying age for senators at 35 years, while that of the representatives is 30 years. Section 53 (1) of the Constitution confers the power to preside over joint sittings of the legislative arm on the Senate President and where he is not available, then on the Speaker. However the constitution did not specifically provide for venues of such joint sitting of both legislatures; but the practice for the past decade has held it in the House of Representatives which peradventure has or should now have become the norm. The House has a larger chamber and accommodates more people, 400 as against the senate's 250? It is also on record that throughout his eight years in office, former President Olusegun Obasanjo used the chamber of the House of Representatives to present his budgets; and President Umaru Yar'Adua have done the same this past two years of his presidency. Senators earn slightly more in salary and allowances than the members of the House of Representatives; the two houses are usually referred to as lower and upper house with members of the House always aspiring to make it to the senate but never the other way round? The senate has 109 members while the representatives have 360 members but both represent the same population in varying geographical spread.

But why can't these folks just get along, remembering that their primary business is legislating for the good of Nigeria and not who is superior to each other? According to one observer, when people don't take their job seriously, then they resort to needless squabbles; and their tendency to constantly squabble is indicative of their journey into power. In his words, "We should not be surprised that people who were not voted into power are behaving like this. With due respect to a few of them that might have been genuinely elected, but generally, the process that produced the National Assembly members was one that was controlled by brigands. We should not be surprised that we are seeing strong-arm tactics and hooliganism at the chambers." Icheoku adds, what else does anyone expect from such a congregation of thugs, ex military coup plotters, touts and illiterate contractors who physically and practically fought their ways into the national assembly? Their stock-in-trade, brute-force intimidation since they are incapable of civilized reasoning and also lack the capacity to understand any sane, decent and reasonable deliberative argument.

It is also very instructive to note that "street-fighting" has become the new order of practice among these strange bed-fellows who constitute the membership of the People (un)Democratic Party? If it is not one fighting between a minister and her/his junior minister over who is in control of the ministry or would award contracts therein, requiring a presidency intervention to spell out their specific assigned functions like kindergartners; it is such intractable internecine wars being witnessed today between thugs masquerading as national legislators, and over a mundane thing like the venue of a presidential address? Icheoku just hopes that it is not some forces that are using these legislators to get at their perceived stubborn President Umaru Yar'Adua and playing out their Machiavellian script against the interest of general democratic progression in Nigeria?

The House of Representatives have a superior argument in this debate of who hosts the presidential budget address; they have a bigger chamber that could accommodate both the Senate and Representatives conveniently and the existing subsisting practice is that they usually play the host. Icheoku does not understand the arrogance of the Senators who are insisting that the address this time should be held in their smaller chamber, with a proviso that any House members who do not find seats should stand for the period of the address. Icheoku admonishes, what an arrogant statement by a bunch of ego-tripping set of Nigerians who call themselves senators? Why stand when you can sit for a one and half hour address? Also what about an existing 10-year-old tradition of the House hosting such joint sessions. Unfortunately, as one commentator said, "Nigeria have a President who is in office but not in power;" hence could not muzzle or coral these recalcitrant legislators as his predecessor Olusegun Obasanjo was notoriously equipped with fearsome capability. President Umaru Yar'Adua being such a sickly weakling, is being rode like a whore by these brash and uncultured men at both legislative chambers. So much nostalgia for the Aremu of Otta?

Icheoku says, presenting the budget address separately and severally is not the answer as more issues needing both houses joint attention might come up during the life of this administration provoking the same imbroglio. Who will the president now meet first, which by necessary implication invariably becomes the first among the supposed equals? It is better the matter is conclusively resolved now or let the president delegate his minister of finance to do the briefing; but let him not set a precedent that will create more problems than the one it is intended to solve. What was the practice during the days of Obasanjo or is this another sign that the gang up against the sickly weakling from Katsina state is growing in reaps and bounds. We hope that the PDP shall remember these stubborn national legislators and sabotage their re-election efforts come 2011. They lack discipline! They need discipline and discipline has to be introduced in that so called largest rascal party of Africa, the PDP; which by extension will force these stubborn wildebeests of legislators into a line and follow party orders! Or does Vincent Ogbulafor lack the cohesive panache of the erstwhile chairman Ali-Must-Go or that of Mr Fix-It, Tony Anenih?

In the final analysis therefore, Icheoku says both chambers are co-equals and play complementary rather than subjective roles to one another. The venue of a presidential budget address should not have mattered; as convenience and the practice over the years would have been the preferred determinant and allowed to prevail. It is called precedent! However, if in the final analysis, it is determined that none of the chambers is higher than the order to lead the other in matters of conflict and provide direction; then there is really no need for the current wasteful duplicity of having two chambers of equal and unyielding status. Both chambers should therefore be annexed together and immediately; to save Nigerians the added cost of running another chamber which is just a clone of the other. It will save Nigeria much need financial resources being wasted on these self-serving maga-dogs; who have nothing to show for their relevance or the many years so far spent in the national legislature, pretending legislative competent authority? Enough of this wastage, maintaining two legislatures which have no real utility to Nigerians. Our verdict, Nigeria should do away with the bicameral legislature for dupliciation and revert to a unicameral legislation, period!