Separation of power in Nigeria

By Terry Okan

“The term tripartite system is ascribed to French enlightenment political philosopher Baron de Montesquieu in the spirit of the Laws (1748), he described the separation of political power among a legislature, executive and judiciary” this was designed to allow for proper balance in power, checks and disallow absolute power.

Ref: Montesquieu
This piece is not designed to take us through another lecture on the principle of separation of power but to erase our doubts as to what is expected in true separation of power where the three arms of government oversees the other through checks and balances that will prevent total concentration of power in one arm of government.

Many wonder why the upper legislative arm under the leadership of distinguish senator Bokola Saraki that has achieved so much in less than two years from inception will be surrounded with much opposition from the Executive arm a pep into the Upper house of the Legislative arm’s activities suggest great achievements far reaching compared to its predecessors within same time frame, it is interesting to note that given this turmoil beclouding it as a result of its resolve to deliver on true separation of power and act as a last hope to the ordinary man the senate has passed thirty-three bills for the good of Nigerians as these bills when evaluated has direct impact on the common man few of this bills include:-

The  Senate Bills that have been passed  (Originated in the Senate)
1. Bankruptcy & Insolvency Act Cap.B2 LFN 2011 (Repeal and Enactment) Bill 2015
2. Public Procurement Amendment Act
3. Nigerian Railway Corporation Act, 1955 N129 LFN 2004 (Repeal And Re-Enactment) Bill 2015
4. Discrimination Against Persons With Disabilities (Prohibition) Bill 2015
5. National Centre For Cancer And Treatment (Est.) Bill SB. 10
6. Federal University Of Petroleum Resources Effurun And For Other Related Matters Bill, 2016

7. Forestry Research Institute Act Bill 2015
8. Soil Science Nigerian Institute Act Bill 2015 9. High Court Of FCT Amendment Act Bill
10. Electronic Transactions Bill 2015
11. Public Procurement Amendment Act Bill 2015
12. National Assembly Budget and Research Office (Establishment) Bill, 2016
13. Jamb Act (Amendment) Bill, 2016
14. Food Security Bill, 2016

15. Agricultural Credit Guarantee Scheme Fund (Est. etc.) Act Bill, 2016
16. Defence Space Agency (Est. etc.) Act Bill 2016
17. Federal University, Wukari (Establishment, etc.) Act Bill
18. Commercial Agricultural Credit Scheme Act Bill, 2016.
19. National Institute for Cancer Research & Treatment (Establishment, etc.) Act Bill
20. High Court of Federal Capital Territory, Abuja (Amendment) Act Bill
21. Electronic Transactions Act Bill 2016

22. North East Development Commission Bill (Establishment, etc.) Act Bill 2016
23. Code of Conduct Act (Amendment) Bill 2016
24. Sexual Harassment in Tertiary Education Institutions Bill 2016
25. Counterfeit And Fake Drugs And Unwholesome Processed Foods Act 2004 SB55
26. Nigerian Agricultural Quarantine Service Bill 2016 SB81
27. National Poverty Alleviation Commission (Est. etc.) 2016 SB23
28. Air force Institute of Technology (Est. etc.) 2016 SB180
29. 2015 FCT Appropriation Act (SB. 225)

30. National Sports Lottery Act, 2005 Amendment Bill (SB.227)
31.Nigerian Peace Corps (Establishment) Bill, 32. 2016 Appropriation Bill (SB 212)
33. INEC Amendment Bill (SB 231 & 234)
In line with this bills passed are achievements recorded already in the Eight Assembly which include the following:-

*Legislative Achievements of the 8th Senate so far* 33 Senate Bills Passed* 68 Bills Due for Second Reading 56 Bills Introduced Since September 227 Bills at First Reading Stage 145 Bills Due for Second Reading 118 Bills at Committee stage 411 Bills Introduced 9 Priority Bills at Committee Stage 54 House Bills Waiting for Concurrence 35 Concurrence bills passed 32 Constitution amendment Bills

It is therefore paramount that the rancour between the Executive arm and the Upper house be put to rest. In every democracy issues as this abound but it behoves on both arms of government to fashion out mediation and address issues, personal interest cannot supersede the collective interest of Nigerians neither can checks and balances expected from the Legislature be swept under the carpet . As checks are the required ingredients needed to make straight the activities of the various arms of government.

It is my believe that the senate leadership irrespective of the prevailing challenges has demonstrated courage to forge ahead with the good works it is saddled with and nothing more than kudos is expected of an egalitarian leadership as this, from Nigerians. It is our utmost desire that they remain committed to the good works they have started as it serves not just individual purpose but common benefit of all Nigerians.

Comrade Okan wote from Concerned Youths for Better Nigeria (CYBN)