UNIT 6

THE LEGISLATURE

The legislature is the branch of government responsible for making, amending, and repealing laws. In Nigeria, the legislative powers are vested in the National Assembly, which consists of the Senate and the House of Representatives, see section 4 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

1. Senate: The Senate is the upper chamber of the National Assembly. It consists of 109 members which includes three Senators from each of the 36 states and one Senator from the Federal Capital Territory, Abuja. The Senate is led by the Senate President.
2. House of representatives: The House of Representatives is the lower chamber. It comprises 360 members representing constituencies based on population. The House is led by the Speaker.

FUNCTIONS OF THE LEGISLATURE

1. Law-making: The primary function of the legislature is to enact laws. This includes passing bills on various matters such as finance, health, education, and security.
2. Oversight: The legislature exercises oversight over the executive branch through committees and inquiries to ensure accountability and transparency in governance.
3. Representation: Legislators represent the interests and concerns of their constituents in the legislative process.
4. Appropriation: The legislature controls public funds through the appropriation process, ensuring that government expenditures are authorized and monitored.
5. Constituency services: Legislators also provide services to their constituents, such as facilitating development projects and addressing grievances.

LEGISLATIVE PROCESS

The process of making laws involves several stages:

1. First reading: this is where the bill is introduced and read for the first time without debate.
2. Second reading: this is where the general principles of the bill are debated, and it is either accepted or rejected.
3. Committee stage: this is where the bill is examined in detail by a committee, which may amend it.
4. Report stage: this is where the committee reports back to the full house, and further amendments may be made.
5. Third reading: this is where the final version of the bill is debated and voted on.
6. Assent: this happens if the bill is passed by both houses, the bill is sent to the President for assent and becomes law.

LEGISLATIVE CONTROL

The legislature has significant control over public funds. This control is exercised through the budget process and other financial oversight mechanisms. See section 81 of the 1999 Constitution which mandates the President to lay before the National Assembly estimates of the revenues and expenditures of the Federation for the next financial year and the Fiscal Responsibility Act 2007 which provides for the prudent management of the nation's resources and ensures long-term macroeconomic stability. See also the case of A.G. Bendel State v. A.G. Federation (1981) 10 SC 1 where the court affirmed the power of the National Assembly to appropriate funds.

Budget process includes the following:

1. Preparation: this is where the executive prepares the budget and presents it to the National Assembly.
2. Approval: this is where the National Assembly reviews, amends, and approves the budget. This includes scrutinizing revenue and expenditure estimates.
3. Implementation: this is where the executive implements the budget, while the legislature monitors its execution to ensure compliance with the approved budget.
4. Audit: this is where the legislature reviews audit reports from the Auditor-General to ensure accountability.

THE EXECUTIVE

The executive is the branch of government responsible for implementing and enforcing laws. In Nigeria, the executive powers are vested in the President, who is both the Head of State and the Head of Government, as provided in section 5 of the 1999 Constitution. The executives are as follows:

1. The president: The President is elected for a four-year term and may serve a maximum of two terms. The President's powers include:
   
   1. Executive powers: this happens by implementing laws, overseeing the federal administration, and formulating policies.
   2. Military powers: this happens by serving as the Commander-in-Chief of the Armed Forces.
   3. Diplomatic powers: this happens by the representing of Nigeria in international affairs and negotiating treaties (subject to legislative ratification).
   4. Appointment powers: this happens by the appointment of ministers, ambassadors, and other key officials (with legislative approval).
2. The vice president: The Vice President assists the President and acts as President in the event of the President's absence or incapacitation.
3. Federal executive council: The Federal Executive Council, comprising the President, Vice President, and Ministers, advises the President and helps in decision-making.

FUNCTIONS OF THE EXECUTIVE

1. Policy formulation: this is done by developing and implementing national policies and programs.
2. Law enforcement: this is done by ensuring compliance with laws and maintaining public order.
3. Administration: this is done by managing the operations of the federal government.
4. Budget implementation: this is done by executing the budget approved by the legislature.
5. Foreign relations: this is done by conducting Nigeria's foreign policy and representing the country internationally.

REMOVAL OF GOVERNOR AND DEPUTY GOVERNOR FROM OFFICE

The process for the removal of a Governor or Deputy Governor is outlined in sections 188 and 189 of the 1999 Constitution. See the case of Inakoju v. Adeleke (2007) 4 NWLR (Pt. 1025) 423 where the court established the due process for the removal of a Governor, emphasizing that the procedure must be strictly followed and the case of Balonwu v. Governor of Anambra State (2009) 18 NWLR (Pt. 1172) 13 where the court reinforced the importance of adhering to constitutional provisions in the removal process.

GROUNDS FOR REMOVAL

A Governor or Deputy Governor can be removed from office on the grounds of gross misconduct, which is defined as a grave violation or breach of the Constitution or other misconduct in the performance of their duties.

REMOVAL PROCEDURE

1. Notice of allegation: this is where a notice of allegation must be signed by at least one-third of the members of the State House of Assembly and presented to the Speaker.
2. Speaker's response: this is where the Speaker must serve the notice to the Governor or Deputy Governor within seven days.
3. Resolution for investigation: this is where the State House of Assembly must pass a resolution by a two-thirds majority to investigate the allegations.
4. Investigation panel: this is where the Chief Judge of the State appoints a panel of seven persons to investigate the allegations. The panel must report back within three months.
5. Report and decision: this happens if the panel finds the Governor or Deputy Governor guilty, the State House of Assembly can pass a resolution by a two-thirds majority to remove them from office.

CONCLUSION

By adhering to these processes and principles, the integrity of Nigeria's democratic institutions is upheld, ensuring that public officials are held accountable while also protecting their rights to fair procedures.