By Idowu Joshua
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1. Introduction
Mixed reactions continued to trail the controversy between the National Assembly Joint Committee and Mr. Festus Keyamo, SAN, Minister of State for employment and productivity over the FG initiative to provide 774,000 jobs.
The outburst was a product of an existng feud that metamorphosis into ego, of which no one is ready to forgo. However, this degenerated into a controversial direction of the National Assembly to the Executive to suspend the plan and constitutional tussling of facts and power. The essence of this work is to examine the constitutionality of the suspension.
2. Examining the constitutionality of the National Assembly direction
It is expressed and unequivocal that the 1999 Constitution has clearly provided for the powers of the Executive, Legislature and Judiciary being the arms of government. Sections 4,5 and 6 have provided the foundational superstructure that the arms are structured upon.
However, Section 4 of the Constitution provides for powers of the legislature. These powers include making of laws for the peace, order and good governance of the federation particularly on matters in Exclusive Legislative list. The Exclusive Legislative contains 68 items. Topical items include accounts of the government of the Federation, arms, ammunition and explosive, aviation, census, creation of states etc.
In addition, the legislative arm also enjoyed an operation of the law which empower it to provide an oversight function. This function is contained in section 88 of the same Constitution. The oversight function is investigative in substance and practice. That is, it can launch an investigation into an affairs on any matter in respect to the conduct of any persons, authority, ministry of government, department charged, or intended to be charged with duties of executing a law, disbursement or administering of moneys appropriated or to be appropriated by National Assembly. In my view, the aim of this section as enshrined and dignified in subsection 2(a) (b) of the same section is to expose corruption, inefficiency, wastage and maladministration.
It’s no doubt that the controversial 774,000 employment opportunities has been fully provided for in the 2020 Appropriation Budget which has already been signed into law having received legislative approval and executive assent. Therefore, it’s a law.
Having been a law, it is the obligatory duty of the executive headed by the president, and can be delegated to the Vice-President, Minister or office of the public service, to execute or implement the law. Section 5(1)(a) of the constitution corroborated this.
However, the checks, otherwise known as oversight function, can only play out as an investigative weapon devoid of prosecutional power which may be heightened into suspension or permanent dissolution.
It is respectfully submitted that any substantial move, outside the purview of oversight is an utter sway from the operations of the law. As emphasized in the case of El-Rufai v. House of Representatives ( 2003) 46 WRN 70, the Assembly cannot usurp the powers of the Attorney-General (executive). That is, even if it has gotten a reasonable reasons espoused with facts and evidences, it should be referred to the AG for necessary action.
3. Conclusion
In conclusion, it is my view that if the legislature feels unsatisfied or finds an act which is shady with the dealings of the executive, the Constitution only provided two windows of remedy. Either, it investigates and send the necessary evidence to the executive (particularly AG, in prosecutional matter) for necessary action to remedy the infraction or approach the court stalling the implementation or execution processes. Therefore, the National Assembly does not have the power to suspend the activities of the executive.
Idowu Joshua is a 200 level student of Adekunle Ajasin University, Akungba Akoko.
Written by Idowu Joshua, 200l student of AAUA.
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