Thursday 16 August 2018

Opinion II When Lawmakers Become Lawbreakers

WHEN LAWMAKERS BECOME LAWBREAKERS
        
The last time I checked, various legislatures across the contemporary Nigerian society had in one occasion or the other violated or broken the law which they are bound to safeguard.
        
The most popular phenomenon in this regard is impeachment saga, which has abruptly become a norm. Currently, one would hardly wake without hearing that a certain state assembly speaker alongside other principal officers of the House is about to be impeached, or has already been shown the way out, probably for a frivolous or selfish purpose.
         
Sometimes you would hear that a particular deputy governor or even a governor is passing through suchlike fate or ordeal in the hands of the legislators. This uncultured practice has continued unabated that most concerned Nigerians have wondered if the so-called impeachment process took place during the midnight at one of the lawmakers’ abode.
          
The Nigeria’s 1999 Constitution, as amended – likewise the laws of the various states – categorically stipulates the procedure through which any intending impeachment could be actualized, but it’s very baffling that some so-called lawmakers would wake one morning to inform the general public that they had ‘successfully’ impeached the governor, deputy governor, or speaker, as the case may be.
           
Funnily enough, the clerk of the affected house would welcome or assent to such unconstitutional and nauseous conduct, thus agree to swear-in the beneficiaries of the baseless impeachment who had claimed to have taken over the leadership of the assembly.   
         
The most recent of the unfortunate circumstance were the ones that transpired in Benue, Imo and Kano States. Pitiably, like what happened in Enugu State barely few years ago in the case of the former Deputy Governor of the state, Mr. Sunday Onyebuchi, the judiciary – owing to prolonged delay in prosecution – would only reverse such wrongful act after the tenure of the affected officer has elapsed.
          
This, therefore, implies that there’s a compelling need to strengthen the country’s judiciary in its entirety. There ought to be duration for any ongoing prosecution irrespective of the circumstance. The prosecution of a certain lawsuit should be meant to constitutionally last within a stipulated period of time. Such approach would tremendously save plaintiffs from unsolicited prolonged wait.
        
Aside impeachment, sometimes you would observe the lawmakers acting funny such as dodging a certain plenary, indulgence in a fracas,  and creation of inconsequential factions, among other forms of contempt.
          
A legislature is the lawmaking ambit of a political unit that has power to amend and repeal public policies. It’s an assembly of persons that makes statutory laws for a municipality, state, or nation, as might be the case.
         
A legislative body constitutionally deserves to be well respected in any society where it exists because it creates a complex interaction between its individual members, committees, political parties, rules of parliamentary procedure and informal norms.
         
A legislature is the embodiment of the doctrine of popular sovereignty, which recognizes that the people are the source of all political powers. In advanced democracies, citizens choose via popular votes the persons that would serve them as their legislators or representatives because they understand the sensitive nature of a legislator’s responsibilities.
         
The representatives are expected to be sensitive to the needs of their constituents and to represent their common interest in the legislature, thus they need to take cognizance of the people’s feelings regarding any action they intend to carry out.
         
In view of these facts, the legislators at all levels who are expected to control, criticize, supervise and scrutinize the administration or activities of the executive as well as influence the policies of the government aren’t meant to at all cost indulge in any thought, action or inaction that would attract public criticism or condemnation.
         
The existing political parties that remain the primary political homes of these lawmakers have a very vital role to play in this aspect since every legislator is an affiliate of a certain party. It’s their duty to call any of their members to order when the need arises, make them acknowledge that they are not just representing their respective constituencies but also the party as well as suspend them indefinitely if need be.
         
The lawmakers ought to be the first class constitution activists, thus the constitution should always guide every move they make, their utterances and how they relate with the public. They are invariably expected to speak unanimously because the same tool or principle is guiding them.
          
It’s noteworthy that due to their inability to establish one voice in most occasions, their positions are often abused by the members of the executive arm, thereby ridiculing their stance or immunity.
         
We need to wake up from our slumbers. It’s high time we told ourselves nothing but the gospel truth. Our democracy has suffered an untold hardship because we refuse to face the reality. The reality remains that every democratic state must be guided or controlled by the language of the constitution. The rule of law must be observed as a priority, hence shouldn’t be maltreated by anyone in a position of authority.
          
Why would you attempt to break what you took your precious time to make, rather than safeguarding it? Think about it!


Comrade FDN Nwaozor
National Coordinator, Right Thinkers Movement
_________________________________
frednwaozor@gmail.com
Twitter: @mediambassador            



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