The
law provides the framework for economic development, job creation,
anti-corruption programmes, among others, and it is crucial for every
aspect of national life. Bills that metamorphose into laws are the
bedrock for executive action and any area of national life that is not
regulated by law is usually a grey area that is filled with
uncertainties. This discourages investment and leaves a lot of room for
conjecture and guesswork. This brings to the fore the need for
collaboration between the executive and legislative arms of government
to chart a way forward in the solution of national challenges.
Collaboration is imperative in the incoming administration considering
the dire straits of Nigeria’s economy and finances.
It must
be stated that getting a bill through the legislature should not be a
four-year exercise. A bill is either accepted or rejected. Key bills
identified and agreed to between the executive and legislature can come
on stream within the first 100 days of the administration. While it is
recognised that lawmaking should not be rushed, it is equally important
that the process does not become a perpetual drag on development as we
witnessed in the outgoing Seventh National Assembly. There are already
several issues that have generated a pan Nigerian consensus and we need
not waste further time before codifying them into law. This discourse
seeks to identify some key bills that should engage the attention of the
executive and legislature if the incoming administration is to keep its
promises of growing the economy, tackling corruption and improving
infrastructure.
The first is the alteration to
the 1999 Constitution. There are key provisions in the exercise just
concluded by the Seventh National Assembly that are acceptable to the
overwhelming majority. Examples include the separation of the office of
the Attorney-General and Minister of Justice which will facilitate the
anti-corruption drive whilst the appointment of an Accountant General
for the Federation will enhance transparency and accountability in the
management of the Federation Account. Alterations that guarantee the
continuation of criminal trials, especially in corruption cases while
interlocutory appeals continue is also necessary for winning the war
against corruption. The rights to basic education and maternal and child
health that have been elevated to fundamental rights are worthy of
re-enacting. Autonomy for the office of the Auditor-General at the
federal and state levels will properly position the office for improved
transparency and value for money whilst the autonomy of state Houses of
Assembly is vital for re-positioning state-level legislature. Also,
autonomy for local government councils is imperative if development is
to proceed at the grassroots level. The President and the party
machinery should prevail on governors to accept autonomy for local
governments. However, this alteration should not be an opportunity for
smuggling in repugnant clauses such as life pension for the leadership
of the legislature.
The Petroleum Industry Bill should also be
top on the priority list. No reasonable Nigerian understands the
reason(s) that led the Seventh National Assembly to leave it unattended.
The bill seeks to liberalise the management and control of the oil and
gas sector and thereby bring in more investments, an improved fiscal
regime and resources to the Federation Account for sharing by the three
tiers of government. It also seeks to make oil and gas operation more
efficient, transparent and accountable to the Nigerian people. If we are
serious with anti-corruption efforts, strengthening the office of the
Auditor-General through the Audit Reform Bill is imperative. The bill
seeks, inter alia, to establish a professional Supreme Audit Institution
with competencies to do value-for- money and forensic audits; proactive
powers to nip corruption and fraud in the bud and to trace and recover
monies in specie and compel anyone who has caused a loss to the treasury
to remedy the loss. The bill also strengthens the independence of the
office and establishes the Audit Service Commission.
The Federal
Road Fund Bill is a proposed legislation with the objective of creating
and sustaining a pool of funds dedicated to financing, rehabilitation,
repairs and maintenance of federal roads and to enhance the sustainable
development and operation of the federal road networks. The funds are
expected to come from user fees and tolls, fines, levies, loans, grants,
etc. Allied to this is the bill to liberalise the railways sector and
bring in the private sector as a participant in financing, ownership and
management. The railways are crucial for improved mass transportation
of goods and human beings as this will bring down the cost of doing
business in Nigeria. Another important piece of legislation is the Fly
Nigeria Bill which will make it mandatory for public officers to use
Nigerian airlines in trips funded by the treasury unless there is no
Nigerian airline flying to the destination.
It seems the
Infrastructure Concession Regulatory Commission Act needs to be tweaked
to activate public-private partnerships as a mainstream method of
delivering infrastructure. This is necessary considering the paucity of
public resources. The Commission needs to be given a more central role
in partnership with ministries, departments and agencies of government
in the identification and preparation of the PPP projects. There have
been very few PPP projects and the existing few are subject to back and
forth controversies as exemplified in the Bi-Courtney new airport in
Lagos. The Development Planning and Projects Continuity Bill is also
strategic for national development. The bill seeks to inaugurate a
compulsory planning regime for the three tiers of government and curb
the blight of abandoned projects. It seeks to create a register of
projects which is a comprehensive inventory of ongoing and completed
projects. It further seeks coordination between the works of federal and
state planning commissions. The report of Oronsaye Committee which
detailed a lot of agencies to be merged and scrapped should also occupy
the time of the legislature. The Eight National Assembly should do a
thorough study of the government White Paper and come up with amendments
and repeal bills in deserving cases. But it can start with low hanging
fruits. The National Assembly should also amend the Fiscal
Responsibility Act and grant enforcement powers to the Fiscal
Responsibility Commission to ensure fiscal transparency.
The
judicial process seems to have constituted a drag on Nigeria’s quest to
eradicate corruption. Trials go on endlessly and technicalities take the
place of substance. The National Assembly should consider the
establishment and funding of special courts to try corruption cases. And
the courts should have simplified procedural rules that would speed up
trials. This appears to be the only reasonable way to stop the delays in
corruption trails. In its business of oversight, the Eight National
Assembly must ensure that the executive establish the National Council
for Public Procurement. The idea of the Federal Executive Council
becoming a contract awarding bazaar every Wednesday ridicules the
Presidency and the Nigerian nation.
In conclusion, the ruling
party, executive and legislature should work collaboratively to set
targets for the legislature to deliver on laws needed for reforms and
change.
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