In a Democracy who is the Greatest? The Executive, The Legislature Or The Judiciary?

Political Analysis on The Tension Between Political Players In Nigeria

   By Benjamin Atu 

Law must exist before a judgement can be given or the executive takes action. Every executive or judicial acts involve an enactment made by the legislature. This is why the legislature sees themselves as supreme. Gilchrist argues that “the legislature authority forms the major premises upon which the Judiciary (the Minor) and the Executive ( the Conclusion) depends to perform their functions. As the Major Premises, the legislature is more important than the Minor (Judiciary) and the Conclusion (Executive).

This argument in itself is a major source of Political conflict knowing that the game of power is a game of influence. However, the above argument has been overwhelmed by the emergence of the welfare State which has blurred the supremacy of the legislature and concentrate power on the executive branch and his ascendancy over the legislature. These conflictual views constitute the bolt and nuts that steer up Political tensions leading to accusations and counter accusations among various arms of Government.

While the executive accused the Senate of acting as a Boss the legislature on their part are accusing the executive of undermining democracy in Nigeria by keeping those whom the Senate refuses to clear in office on acting capacity. One major political tension in Nigeria was the appointment of the former EFCC Chairman Ibrahim Magu which the Senate rejected and refused to clear but the former President Buhari went ahead without the support of the legislature to retain Magu in office as acting EFCC Chairman.

The war of words was tough. The legislature said Magu didn’t come clean and can’t be EFCC Chairman because he was corrupt. But Magu on his part fired back at the legislative arm of Government that they were afraid of his track record of service and are avoiding being probed. The Senate accused Magu of terrorizing the legislature and sponsoring a media scandal against the Senators but the President went ahead and submitted the name of the same Ibrahim Magu for a second time in his second term in office. This again spark up greater tension in the nation.

There were circumstances where President Buhari appointed dead person’s and sent their names to the Senate for confirmation. The causes of tension in the Nigeria Political space is indeed endless. Buhari is definitely not strange to the actions of the Senate in rejecting his nomination. In 2016, his ambassadorial nominees were rejected over federal character. Speaking on behalf of the aggrieved senators, the then Senate Minority Leader, Enyinnaya Abaribe, declared that Umar, from the North-east, should not have replaced the former DG, Mrs. Chinelo Anohu-Amazu, who is from the South-east. Abaribe said Buhari’s action was a flagrant breach of the Act that established PENCOM.

Section 20(1) and section 21(1) and (2) of the National Pension Commission Act 2014, state that, “in the event of a vacancy, the President shall appoint a replacement from the geopolitical zone of the immediate past member that vacated office to complete the remaining tenure.”

Tension is an integral part of the Nigeria Political culture. For example, While the battle and dust raised by the appointment of Ibrahim Magu was yet to settle down, Senator Dino Melaye accused the Director General of the Nigeria Customs Service for appearing before the Senate without wearing or dressing on the Customs attire which almost tear the Senate apart and delayed the confirmation of the appointment due to tough exchange of words. As if these were not enough, the appointment of Rotimi Amaechi and some other ministerial nominees became another the born of contention.

“Until African Politicians consider their countries interest first in whatever they do, the continent will continue to lag behind. Politics should be about the people and not about fighting to occupy offices.” ( Goodluck Jonathan)

The Nigeria Senate has turn the chamber into a corporate revenge Political field where perceived Political enemies are dealt with by way of ridicule or rejection of their appointment. That’s sufficient to deepen political tension in the nation. The executive on their part have a culture of undermining the Nigeria constitution by appointing people and asked them to resume while the Legislature are on recess and appear for screening after the recess. Is that how democracy is truly practice in other parts of the World? Of what use is screening after appointees have resume duty?

When former President Good luck Jonathan was President of Nigeria and Incumbent Senator Aminu Tambowa was the Speaker then, when the National Assembly in an abnormal moved, convey on a Sunday. That was the first and only time in Nigeria History that the parliament sat on a Sunday to condemned the deregulation policy of the former President. The then President Jonathan was accused of abandoning the nation to join festivities in South Africa yet the President whom the House of Representatives were accusing was at Eagle Square that same moment commissioning Mass Transit Vehicles for the good of all Nigerians but they were misinformed and they thought President Jonathan was abroad. This is the extent that tension has become an integral part of Nigeria political culture.