President Muhammadu Buhari |
Going by
subdued complaints surrounding the President’s previous appointments of chairmen
and members of some federal agencies, it would appear that the regard for such
propriety was rather scanty. Thankfully, the President has done the right thing
with his minister-nominees. Rumblings in the Senate had been to the effect that
some presidential appointees for public offices resumed without its clearance.
The seriousness of such matter is underscored by the fact that if true, such
disregard for the Senate impugns directly on democracy.
Specifically,
senators had quietly accused the executive arm of government of flagrant
violation of statutory procedure of screening and formal confirmation before
assuming their respective offices, as required by the laws enabling such
offices. According to reports, until the President eventually sent a letter to
the Senate to regularise things a few days ago, the class of public officers
supposedly in breach of the Senate’s confirmation include the Executive
Chairman of the Federal Inland Revenue Service (FIRS), Mr. Ahmed Kuru, who was named the new Managing Director/CEO of the
Asset Management Corporation of Nigeria (AMCON); Mr. Kola Ayeye, Ms.
Eberechukwu Uneze and Mr. Aminu Ismail, who were named executive directors of
AMCON; and Prof. Umaru Danbatta, who was nominated as the Executive
Vice-Chairman of the Nigerian Communications Commission (NCC).
In ways that
deepen the irregularity of their resumption of duty, the nominees reportedly
already began the execution of and disbursement of funds from the offices they
are supposed to head, even initiating policies without Senate’s confirmation.
The rule of
law is essential for order and stability in modern societies. It is one of the
canons of liberal democracy. The observance of the rule of law nudges the
polity away from authoritarian trappings. More important, it has come to signal
progress towards democratic consolidation. Therefore, rule of law is a
democratic norm to be mainstreamed in a democratising society. Sadly, since
Nigeria’s return to the path of democracy in 1999, the country has been classified
by some democratic audits as ‘semi authoritarian’ and ‘not free.’ This trend,
which has been fuelled by the unwholesome body language of successive leaders,
including the current ones, has overcast the political environment in ways that
are uncomplimentary to the polity.
In the
context of the expectation of change, the rule of law should rank high in the
arsenal of the new administration in Nigeria. Therefore, violation of basic
parliamentary procedures by the President and his appointees against the laws
of the land, especially the extant provisions of the 1999 Constitution as
amended, will continue to be a source of worry.
The laws
setting up the institutions in reference provide that their appointees by the
President must be confirmed by the Senate before they can assume office.
Moreover, since the president has sought confirmation of the Senate for the
appointments, it is only proper that the inchoate process be pursued to
fruition. It will amount to a dangerous precedent and a costly oversight for
any appointee to assume or execute his office in clear violation of the
statutory procedure.
It is worth
recalling that the former Director-General of Nigeria Securities and Exchange
Commission, Aruma Oteh, tarried for
upwards of three months for Senate confirmation, before resuming office under
the Umaru Yar’Adua administration. Any violation of this procedure can thus be
interpreted as disrespectful of the Senate and consequently capable of setting
the two arms on a collision course.
To avoid this
unpleasant scenario, nominees to positions where public officials expend public
funds must be confirmed by the Senate, in line with the provisions of the
extant laws and the 1999 Constitution. The service chiefs were confirmed and
the presidency must not only follow due process, it should be seen to do so
consciously.
Besides, the
screening and confirmation exercise of the Senate is an important parliamentary
function as it affords the parliament and its relevant committees the
opportunity to scrutinise the profile of appointed public officials as well as
what they have to offer. Where such sessions are aired, they act as a vent for
the public to catch a glimpse of those chosen to serve them and their
credentials for the jobs they are assigned to do.
Nevertheless,
the senators must also do their work and avoid unproductive vacations. It bears
emphasising that democracy and its institutions are strengthened if the rule of
law is observed by custodians of state institutions. The President’s liaison
officers must get down to work and facilitate the working relationship of the
National Assembly with the President.
The
executive must be diligent and the legislature, as the gut of democracy, must
exercise its independence for the good of the country, avoid trivialities, and
show dedication to legislative business. That is the only way it can justify
its representative role (guardian).
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