Connect with us

Feature/OPED

The Validity of Lawan’s ‘Correctness’ on Harmony Between the Executive and Legislature

Published

on

Ezrel Tabiowo

By Ezrel Tabiowo

Before he ventured to contest the Senate Presidency, Senator Ahmad Lawan, had a clear-cut vision in his legislative agenda which some at the time considered a rather tall order.

One of the most ambitious of them was his bid to restore the nation’s deformed budget cycle to the January to December timeline.

The country for 20 years between 1999 and 2019 had operated an irregular budget cycle from the administration of Olusegun Obasanjo all through to the first tenure of President Muhammadu Buhari’s government.

Determined to correct the anomaly which for long had weighed down the Nigerian economy from making steady progress, Lawan understood he needed to come up with a leadership model or, if you like, a stopgap that would adequately address the bureaucratic setbacks that hitherto frustrated the nation’s budgetary processes in the past.

In coming up with his unique leadership model, the Senate President, one of Nigeria’s seasoned and longest-serving legislators, understudied the leadership style and outcomes of past Assemblies and how the persistent clamour for exclusive authority and supremacy between the arms of government had staggeringly hindered the evolvement of the country’s democracy.

He also weighed these outcomes against the attendant impact which they had in general on the economy and other facets of our national existence.

To him, the associated fallouts of legislative-executive feuds under the guise of ensuring ‘checks and balances’ was nothing short of an albatross on legislative undertakings that would ultimately continue to make Nigerians the overall losers in the scheme of things. He felt this had to stop, as it was too much baggage working against the nation’s advancement.

Giving a new flare to the role of the National Assembly, Lawan devised a model which now accommodates robust legislative engagements across frontiers that nevertheless adheres to the principle of ‘Separation of Powers’ in Parliament’s dealings with the Executive arm of government.

No doubt, this new thinking and approach attracted its fair share of public criticism from some Nigerians who were already addicted to the screaming headlines on covers of national dailies from internecine conflicts between the executive and legislature under past assemblies.

To them, a parliament not at war with the executive has to be in bed with it and is nothing short of a “rubber stamp” in their exact words.

They, however, fail to see that Lawan’s leadership model has become the great reset that altered the dynamics of the nation’s governance architecture in a way that underscores and distributes shared responsibilities between the arms of government, so as to guarantee collective effectiveness in leadership roles.

In other words, it drew the curtains on the mediocre way of scoring cheap political points by those opposed to government policies through unnecessary and avoidable face-offs which, in my considered view, is grossly counterproductive and does nothing but reduce the quality of governance as events have shown.

Validating Lawan’s Advocacy for Harmony in Governance

The consistent clamour for harmony in Executive-Legislature relations by the Senate President, no doubt finds footing from his leadership model which relies on a flexible approach to outlining the limits of the principle of ‘Separation of Powers’ as provided for in the 1999 Constitution of the Federal Republic of Nigeria (as amended).

In public law, the principle of Separation of Powers in the Constitutional System is along two paths; the Strict Approach and the Flexible Approach.

Montesquieu, a French Jurist and Political Philosopher advocated the Strict Approach amidst his view that no organ of state should encroach on another, either in terms of function or personnel. He was instrumental to the division of government powers along with three functions: law-making – Parliament; Implementation of the law – Executive; and Interpretation – Judiciary.

However, Luigi Giussani, a Theologian and Public Intellectual, while referring to a number of writers, viewed such a system of Strict Separation of Powers as “unworkable”.

According to Cheryl Saunders, a specialist in Comparative Public Law and President Emeritus of the International Association of Constitutional Law, “every constitutional system that purports to be based on a separation of powers in fact provides, deliberately, for a system of checks and balances under which each Institution impinges upon another and in turn is impinged upon.”

She explained further that, “a lack of cooperation between limbs would result in constitutional deadlock.”

Kent H. Barnett, an Author and world-renowned Professor of Law, who resonated with this view posited that a system of government founded on the strict separation of powers could result in legal and constitutional deadlock if the branches of state disagree.

By implication, such disagreement between the arms of government could also manifest in non-assent to bills passed by Parliament and non-approval to executive money bills by the legislature.

Flowing from the above, it becomes obvious as to why a lot of legislation passed under the Eighth National Assembly was refused assent, and why most passed by the Ninth Assembly were signed into law by President Muhammadu Buhari.

It also explains why the National Assembly under Lawan’s leadership was able to effortlessly restore the Budget Cycle to the January to December timeline with the support of the Executive arm of government, as well as get assent to other critical legislation which before now defied passage such as the Finance Act and Petroleum Industry Act, among others.

The national budget was passed by the Ninth Assembly and signed by President Buhari in record time three years in a row since 2019, a feat never once achieved by previous assemblies or any administration since Nigeria’s return to democracy in 1999.

As a result of the restoration of the nation’s budget cycle to the January – December timeline, the Nigerian economy has become insulated against recession threatening other developing countries, in spite of the country’s reduced revenue earnings from a crash in crude oil price caused by the attendant effect of the global lockdown, following the COVID-19 pandemic last year.

Lawan’s leadership model – which fosters Inter-governmental collaboration and inclusion – if replicated by Ministries, Departments and Agencies of government – would no doubt address some of the challenges faced by Nigeria as a result of the lingering insecurity.

It is, however, noteworthy to point out that insisting on a harmonious and mutual working relationship between the arms of government and its agencies do not in any way strip them off their independence nor does it weaken or make one arm or agency a subject of the other.

Lawan’s leadership model demonstrated this a couple of months back when the Senate bared its fangs on errant MDAs that refused to defend projects proposed to be funded by the external borrowings of the federal government.

The upper chamber under the leadership of the Senate President also frowned at wasteful spendings by refusing to approve monies running into hundreds of millions for the procurement of mosquito nets never minding the cordial working relationship it has with the executive.

Against this backdrop, security agencies such as the Military, Police, Department of State Services (DSS), the Office of the National Security Adviser (NSA), the National Intelligence Agency (NIA) and others not mentioned, must begin to think along the lines of ensuring Inter-agency cooperation in the fight against terrorism, insurgency and all forms of criminality across the country. It is time to stop the jostle for supremacy and put on the garb of patriotism in the discharge of duties.

The urgency of the situation makes it expedient for the hierarchy across these agencies to adopt a workable leadership model that encourages mutual engagement, as well as prioritises the security and welfare of Nigerians in accordance with duly enshrined constitutional provisions.

On the much-anticipated Electoral Act Amendment Bill not signed into law by President Buhari, Lawan’s poise radiates unwavering confidence in the power of engagement between the executive arm of government and the National Assembly.

It would be recalled that moments before the Senate adjourned on December 22, 2021, for the Christmas and New Year break, the Senate President, immediately after the chamber rose from a closed session, announced that the Senate would consult the House of Representatives in January to decide what next line of action to take over the Electoral Act (Amendment) Bill 2021.

President Buhari in a letter read by Lawan on the floor a day earlier had advanced reasons why he decided to withhold assent to the piece of legislation.

He warned that signing the bill into law would have serious adverse legal, financial, economic and security consequences on the country, particularly in view of Nigeria’s peculiarities.

Buhari added that it would also impact negatively the rights of citizens to participate in the government as constitutionally ensured.

Having made his reasons known, Nigerians should keep in mind that the Senate is bound by an obligation to do only those things that would bring about unity, peace and prosperity for the country.

One of those things, according to Lawan, is “stabilising the polity”, particularly in moments when it is heated up by agitations and anxiety.

The National Assembly is constitutionally required to act only in the interest of Nigerians like it always has, without due recourse to any other consideration not in tune with their expectations.

As we begin the new year, may the patriotic zeal which has guided their actions be renewed with vigour for the service of humanity and advancement of our fatherland.

Dr Tabiowo is the Special Assistant (Press) to the President of the Senate and writes from Abuja.

1 Comment

Leave a Reply

Feature/OPED

The Future of Payments: Key Trends to Watch in 2025

Published

on

Luke Kyohere

By Luke Kyohere

The global payments landscape is undergoing a rapid transformation. New technologies coupled with the rising demand for seamless, secure, and efficient transactions has spurred on an exciting new era of innovation and growth. With 2025 fast approaching, here are important trends that will shape the future of payments:

1. The rise of real-time payments

Until recently, real-time payments have been used in Africa for cross-border mobile money payments, but less so for traditional payments. We are seeing companies like Mastercard investing in this area, as well as central banks in Africa putting focus on this. 

2. Cashless payments will increase

In 2025, we will see the continued acceleration of cashless payments across Africa. B2B payments in particular will also increase. Digital payments began between individuals but are now becoming commonplace for larger corporate transactions. 

3. Digital currency will hit mainstream

In the cryptocurrency space, we will see an increase in the use of stablecoins like United States Digital Currency (USDC) and Tether (USDT) which are linked to US dollars. These will come to replace traditional cryptocurrencies as their price point is more stable. This year, many countries will begin preparing for Central Bank Digital Currencies (CBDCs), government-backed digital currencies which use blockchain. 

The increased uptake of digital currencies reflects the maturity of distributed ledger technology and improved API availability. 

4. Increased government oversight

As adoption of digital currencies will increase, governments will also put more focus into monitoring these flows. In particular, this will centre on companies and banks rather than individuals. The goal of this will be to control and occasionally curb runaway foreign exchange (FX) rates.

5. Business leaders buy into AI technology

In 2025, we will see many business leaders buying into AI through respected providers relying on well-researched platforms and huge data sets. Most companies don’t have the budget to invest in their own research and development in AI, so many are now opting to ‘buy’ into the technology rather than ‘build’ it themselves. Moreover, many businesses are concerned about the risks associated with data ownership and accuracy so buying software is another way to avoid this risk. 

6. Continued AI Adoption in Payments

In payments, the proliferation of AI will continue to improve user experience and increase security.  To detect fraud, AI is used to track patterns and payment flows in real-time. If unusual activity is detected, the technology can be used to flag or even block payments which may be fraudulent. 

When it comes to user experience, we will also see AI being used to improve the interface design of payment platforms. The technology will also increasingly be used for translation for international payment platforms.

7. Rise of Super Apps

To get more from their platforms, mobile network operators are building comprehensive service platforms, integrating multiple payment experiences into a single app. This reflects the shift of many users moving from text-based services to mobile apps. Rather than offering a single service, super apps are packing many other services into a single app. For example, apps which may have previously been used primarily for lending, now have options for saving and paying bills. 

8. Business strategy shift

Recent major technological changes will force business leaders to focus on much shorter prediction and reaction cycles. Because the rate of change has been unprecedented in the past year, this will force decision-makers to adapt quickly, be decisive and nimble. 

As the payments space evolves,  businesses, banks, and governments must continually embrace innovation, collaboration, and prioritise customer needs. These efforts build a more inclusive, secure, and efficient payment system that supports local to global economic growth – enabling true financial inclusion across borders.

Luke Kyohere is the Group Chief Product and Innovation Officer at Onafriq

Continue Reading

Feature/OPED

Ghana’s Democratic Triumph: A Call to Action for Nigeria’s 2027 Elections

Published

on

ghana election 2024

In a heartfelt statement released today, the Conference of Nigeria Political Parties (CNPP) has extended its warmest congratulations to Ghana’s President-Elect, emphasizing the importance of learning from Ghana’s recent electoral success as Nigeria gears up for its 2027 general elections.

In a statement signed by its Deputy National Publicity Secretary, Comrade James Ezema, the CNPP highlighted the need for Nigeria to reclaim its status as a leader in democratic governance in Africa.

“The recent victory of Ghana’s President-Elect is a testament to the maturity and resilience of Ghana’s democracy,” the CNPP stated. “As we celebrate this achievement, we must reflect on the lessons that Nigeria can learn from our West African neighbour.”

The CNPP’s message underscored the significance of free, fair, and credible elections, a standard that Ghana has set and one that Nigeria has previously achieved under former President Goodluck Jonathan in 2015. “It is high time for Nigeria to reclaim its position as a beacon of democracy in Africa,” the CNPP asserted, calling for a renewed commitment to the electoral process.

Central to CNPP’s message is the insistence that “the will of the people must be supreme in Nigeria’s electoral processes.” The umbrella body of all registered political parties and political associations in Nigeria CNPP emphasized the necessity of an electoral system that genuinely reflects the wishes of the Nigerian populace. “We must strive to create an environment where elections are free from manipulation, violence, and intimidation,” the CNPP urged, calling on the Independent National Electoral Commission (INEC) to take decisive action to ensure the integrity of the electoral process.

The CNPP also expressed concern over premature declarations regarding the 2027 elections, stating, “It is disheartening to note that some individuals are already announcing that there is no vacancy in Aso Rock in 2027. This kind of statement not only undermines the democratic principles that our nation holds dear but also distracts from the pressing need for the current administration to earn the trust of the electorate.”

The CNPP viewed the upcoming elections as a pivotal moment for Nigeria. “The 2027 general elections present a unique opportunity for Nigeria to reclaim its position as a leader in democratic governance in Africa,” it remarked. The body called on all stakeholders — including the executive, legislature, judiciary, the Independent National Electoral Commission (INEC), and civil society organisations — to collaborate in ensuring that elections are transparent, credible, and reflective of the will of the Nigerian people.

As the most populous African country prepares for the 2027 elections, the CNPP urged all Nigerians to remain vigilant and committed to democratic principles. “We must work together to ensure that our elections are free from violence, intimidation, and manipulation,” the statement stated, reaffirming the CNPP’s commitment to promoting a peaceful and credible electoral process.

In conclusion, the CNPP congratulated the President-Elect of Ghana and the Ghanaian people on their remarkable achievements.

“We look forward to learning from their experience and working together to strengthen democracy in our region,” the CNPP concluded.

Continue Reading

Feature/OPED

The Need to Promote Equality, Equity and Fairness in Nigeria’s Proposed Tax Reforms

Published

on

tax reform recommendations

By Kenechukwu Aguolu

The proposed tax reform, involving four tax bills introduced by the Federal Government, has received significant criticism. Notably, it was rejected by the Governors’ Forum but was still forwarded to the National Assembly. Unlike the various bold economic decisions made by this government, concessions will likely need to be made on these tax reforms, which involve legislative amendments and therefore cannot be imposed by the executive. This article highlights the purposes of taxation, the qualities of a good tax system, and some of the implications of the proposed tax reforms.

One of the major purposes of taxation is to generate revenue for the government to finance its activities. A good tax system should raise sufficient revenue for the government to fund its operations, and support economic and infrastructural development. For any country to achieve meaningful progress, its tax-to-GDP ratio should be at least 15%. Currently, Nigeria’s tax-to-GDP ratio is less than 11%. The proposed tax reforms aim to increase this ratio to 18% within the next three years.

A good tax system should also promote income redistribution and equality by implementing progressive tax policies. In line with this, the proposed tax reforms favour low-income earners. For example, individuals earning less than one million naira annually are exempted from personal income tax. Additionally, essential goods and services such as food, accommodation, and transportation, which constitute a significant portion of household consumption for low- and middle-income groups, are to be exempted from VAT.

In addition to equality, a good tax system should ensure equity and fairness, a key area of contention surrounding the proposed reforms. If implemented, the amendments to the Value Added Tax could lead to a significant reduction in the federal allocation for some states; impairing their ability to finance government operations and development projects. The VAT amendments should be holistically revisited to promote fairness and national unity.

The establishment of a single agency to collect government taxes, the Nigeria Revenue Service, could reduce loopholes that have previously resulted in revenue losses, provided proper controls are put in place. It is logically easier to monitor revenue collection by one agency than by multiple agencies. However, this is not a magical solution. With automation, revenue collection can be seamless whether it is managed by one agency or several, as long as monitoring and accountability measures are implemented effectively.

The proposed tax reforms by the Federal Government are well-intentioned. However, all concerns raised by Nigerians should be looked into, and concessions should be made where necessary. Policies are more effective when they are adapted to suit the unique characteristics of a nation, rather than adopted wholesale. A good tax system should aim to raise sufficient revenue, ensure equitable income distribution, and promote equality, equity, and fairness.

Continue Reading

Trending