Do The Nigerian National Assembly (NASS) Have Constitutional Powers To Determine Their Emoluments, And Allowances Without The Executive Arm Playing Vital Role In The Process

CAN’T ANYTHING BE DONE ABOUT THE INSANELY UNTOWARDS EMOLUMENTS AND ALLOWANCES BEING APPROPRIATED TO NASS MEMBERS? In as much as I didn’t indulge him in the legal vagaries of his question, our discussion focused more on the moral aspect of it, but that question lingered in my head until I decided to write about it. Hence this discourse. It was recently in the news that the President said there is no fund to finance complex ecological emergencies that the people should refer their demand to the Governors and Local Government Council Chairman. This is just one out of the several incidents of which Federal Government harped on the tune of paucity of funds, so we can dance to the cocktail of impoverishing policies as they serve them out. Yet our NASS members want bullet proof cars to protect them from what? Let me guess crime and restive youths in their constituencies, well enough is said about these legislatures already. I will not indulge in moral adjurations over this matter especially when the said arm of Government have thrown morality over board and have no iota of regard to morality. It is now more like a hallowed chamber of crouching tigers and hidden dragons. I am more concerned in the legal propriety of the NASS determining their emoluments and allowances. A perception the Executive Arm of Government is selling to the populace, may be to shadow their involvement in the dastardly reckless act The Nigerian Constitution is the grundnorm, the foundation, the core of the polity and embodiment of law in which the power structure and authorities of the Arms of Government are anchored. By virtue of section 1(1) of the 1999 CFRN (as amended) it is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria and according to subsection (3) of the said section if any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall be to the extent of the inconsistency be void. By virtue of section 81 of 1999 CFRN (as Amended) the President is mandated to prepare and lay before the each House of the National Assembly at any time in each financial year estimates of the revenues and expenditure of the Federation for the next following financial year. The said estimate is required to be in form of a bill to be known as the ‘Appropriation Bill’. The Appropriation Bill is subjected to the Approval of both Houses of the National Assembly which now becomes an Act upon approval. By virtue of section 70 of the 1999 CFRN (as Amended) – a member of the Senate or of the House of Representatives shall receive such salary and other allowances as the Revenue Mobilisation Allocation and Fiscal Commission may determine. [Emphasis mine] Furthermore section 84(1) of the said Constitution states: “ There shall be paid to the holders of the  offices mentioned in this section such remuneration, salaries and allowances as may be prescribed by the National Assembly, but not exceeding the amount as shall have been determined by the Revenue Mobilisation Allocation and Fiscal Commission. [Emphasis mine] Subsection (4) of the above section listed the offices to include –

1. The President, ii) Vice President, iii) Chief Justice of Nigeria, iv) Justices of the Supreme Court, v) President of the Court of Appeal, vi) Justices of the Court of appeal, vii) Chief Judge of the Federal High Court, viii) Judge of the Federal High Court, ix) Chief Judge & Judge of the Federal Capital Territory, x) Chief Judge of a State, in fact all the Judicial Officers of the Courts Created by the Constitution.

By virtue of section 153 (1) (n) of the said Constitution the Revenue Mobilisation Allocation and Fiscal Commission is created by the Constitution as a Mandatory Federal Executive Body. Hence, the import and actual intent of the above provisions is as follows: Firstly, the Executive Arm of Government is conferred with the power to determine and set the salaries, allowances, and or emoluments of the members of the NASS and Judicial Officers of the Courts established by the Constitution, including the Executive Arm itself through the Revenue Mobilisation Allocation and Fiscal Commission, of which shall be presented to the NASS for approval in the form of a Bill called the Appropriation Bill. Secondly, in implementing the principles of checks and balances the Constitution allows the National Assembly to control or rather check emoluments and allowances going to the Judicial Officers by giving the said NASS discretionary powers through the power to either approve or reject the Appropriation Bill. Thirdly, in applying same principles of checks and balances the said Constitution confers on the NASS the power to check and balance the emoluments and allowances appropriated to the Presidency and other Executive Bodies through the approval or rejection of the Appropriation Bill whereas the NASS can be checked by the Presidency through determining the emoluments and allowances to be appropriated to the members of the NASS through the Appropriation Bill. Therefore, whatsoever that is passed as the Appropriation Act is the product of the full participation of the NASS and the Executive reached in consensus ad idem. Fourthly, in implementing the principles of checks and balances, the said Constitution precludes the National Assembly from determining, or altering the emoluments and allowances of its members by exclusively conferring the powers to so do on the Revenue Mobilisation Allocation and Fiscal Commission and by implication the Executive Arm of Government. The only snag or cog in the wheel of this aspect of the provisions is that the emoluments and allowances as determined by the Revenue Mobilisation Allocation and Fiscal Commission still comes within the purview, contents, and parts and parcel of the Appropriation Bill to be approved by the National Assembly. It has therefore, become a leeway that the members of the NASS now explore to quench their insatiable craving for monetary benefits. But it is worthy of note that in as much as the said Constitution has conferred on the NASS discretionary powers to approve or reject the Appropriation Bill , it does not confer it with the power to alter, amend, or approve what is contrary, and at variance with what the said commission has stated in the Appropriation Bill submitted. Ipsissimma verba, the NASS is imbued with the powers to approve or reject and not to alter, amend, or vary the Appropriation Bill which can only be done by the Executive Arm of Government per adventure it is rejected. This brings us to the question whether or not the Executive arm of Government is not an accomplice to the mind blowing, mindless extravagant lavishing of tax payers’ money by the NASS in the guise of emoluments and allowances determined and set by the Revenue Mobilisation Allocation and Fiscal Commission. Hence, if the Executive Arm of Government is sincere on not abetting or participating in it, they should go public and be vocal just as loud as they become when the want to tell us that the Government is Broke and indebted in explaining why members of the NASS keep on getting outrageous, heathen sums as emoluments and allowances despite the public outcry, despite the paucity of funds, despite the alleged recession. Instead what we get is a comme ci comm ca attitude from them. Thus, in the light of the above it is pertinent and imperative that the Executive Arm of Government rise to the occasion and take responsibility for this mishap that has befallen this polity and not keeping mute and acting as if it is helpless in the situation. The Executive Arm of Government have continued to hide under the shadow of the Legislature in the face of public outcry and disdain, thereby giving the undiscerning and gullible citizens the impression that they have no role in it. Now the populace is heaping coals of fire on the Legislature only and is the very reason I wrote this piece, to throw light on what they would have preferred to be hidden. I must stop here in order to avoid the temptation of delving into moral adjurations which is not the intent of this article. WRITTEN BY O N. EWELIKE ESQ.]]>