Traditionally, Parliament has four main functions, which are: Legislation (making laws); Representation (acting on behalf of voters and citizens); Scrutiny or Oversight (examining the government’s policies and programmes) and Legitimation. Legitimation, in legislative parlance, refers to an act of giving legitimacy or legality to governmental action, process or ideology by the parliament. This is one of the main roles of the parliament. Transitioning from legislation to legitimation connotes legislature graduating from mere lawmaking to scrutinizing and holding the executive accountable, for good governance and democratic consolidation. As a representative institution, parliament is embedded in a process of making present the interests and views of citizens who are not physically present at the point of decision. Though these interests are expressed or couched in legislation, yet subjecting their implementation to scrutiny and approving their regulation (legitimation) ensures greater impact of representative role played by the legislature.
In emerging democracies, most parliaments perform only legislation and shy away from oversight or legitimation roles. This is so in that it is either these parliaments are lacking institutional mechanisms (i.e. enabling leadership structure, effective committee system, informed and resourceful legislative staff, engaging legislators, etc.) or they are being strangulated and politically controlled by the executive. The systemic incapability of many legislatures in post authoritarian or emerging democracies has not only limited their power relations with the executive but equally made them to be rubber-stamped or non-transformative legislatures. However, some legislatures in emerging democracies or post-authoritarian states in Africa have distinguished themselves, in strong capacity and commitment, to holding the executive to account through effective legislation and robust committee system.
Lagos State House of Assembly is one of such rare sub-national legislatures in Africa that is strong enough to balance power with the executive arm. The institution has been blessed with focused and forthright leadership, as well as staff that have been exposed to regular training and retraining. As a matter of fact, staff of Lagos parliament can favourably compete with their counterparts anywhere in the world, as they have been exposed to numerous local and international trainings. The result of the enabling leadership and resourceful staff that the parliament is blessed with has created conducive environment for cross fertilization of ideas leading to the making and passage of a number of laws and resolutions that have impacted greatly on Nigerians.
It must be said that in the history of representative democracy in Nigeria, there is no doubting the fact that the executive, especially at the state level has had financial advantage over legislature, which makes the latter to be dependent on the former for sustenance. This is an anomaly, as it negates the principle of separation of powers propounded by the French philosopher Baron de Montesquieu in 18th century which stipulates that, to most effectively promote liberty, the three arms of government (i.e. Executive, Legislature and Judiciary) must be separate and acting independently. The anomaly of financial dependence of the State Legislature and Judiciary on the Executive is a contravention of the Section 121(3) of the 1999 constitution of the Federal Republic of Nigeria (as amended) which guarantees financial autonomy of the State Legislature and Judiciary. The section of the constitution specifically states that any amount standing to the credit of the judiciary and legislature in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts and legislatures concerned.
However, while nearly all State Houses of Assembly in Nigeria were practically in the cocoon of financial dependence of their State Governors, the Lagos State House of Assembly was visionary, proactive and bold enough to enact Self-Accounting law in year 2000 in quest for autonomy. At the time of enactment of this law in Y2000 by LSHA, Section 121 (3) of the constitution had not been amended to include financial autonomy for State Legislature. It then only guaranteed financial autonomy for the State Judiciary. little then wonder that by the time the Section 121 (3) was amended in year 2017 and signed into law in 2018 to include State legislature and given force of execution through Presidential Executive Order N0.10 of 2020, Lagos State House of Assembly had already assumed full autonomy.
Besides the above watershed achievement of Lagos State House of Assembly, in moving from mere legislation to legitimation, the parliament ensures that delegated legislation by the Ministries, Departments, and Agencies (MDAs) in Lagos State are subject to scrutiny of the parliament for approval. To effect this, the House passed Regulation Approval law that commenced on 28th August, 2001. The Section 1(1) of the law states that ‘Notwithstanding any provision to the contrary in any law in the State, no regulation shall have effect unless laid before and approved by the House of Assembly.’ The Regulation in this law means rules, orders, notices and other statutory instruments with exclusion of bye-laws.
It is pertinent to say that not many parliaments like Lagos Assembly have the legal instrument not to talk of the political will to subject laws (delegated legislation) passed by government agencies to its scrutiny for approval. Although delegated legislation saves time and prevents overloading of the parliament with work, yet to avoid being ultra vires or antithetical to the legislative intents of the extant law from which it is drawn, it must receive legitimation of the House. In other words, it is crucial that any delegated legislation (regulation) is matched with the legislative intents of the extant law in order to prevent the executive from acting ultra vires or misrepresenting the legislative intendments of the House. For instance, Lagos parliament, while performing its legitimation role on Land Use Charge Regulation 2020, approved guidelines for the operation of land use charge in line with the extant law which sought to review the obnoxious parts of the law that caused public discontent in 2018, as a result of sporadic increase in land use charge payable by property owners in the state. One of the beauties of this law and its regulation is reduction of penalties and rates payable by property owners, as well as exemption of pensioners (which now include all retirees from private and public institutions in the state) from paying the land use charge. In the same vein, Lagos parliament in the 9th Assembly has approved guidelines for the operation of Lagos State Transport Sector Reform (Amendment) law 2021 and Stamp Duty (New Stamp) Duty Design and Electronic Franking Regulations, 2020. These are a few among many regulations that Lagos parliament has legitimated. The import of these regulations is to ensure that Lagosians are not shortchanged by the government.
In spite of its demonstrated institutional vibrancy, Lagos parliament still sometimes faces occasional deadlock in making the executive assent some of its legislation. However, to address this unavoidable situation in a presidential system of government like ours where principles of separation of powers and checks and balance characterize our representative democracy, the parliament has sought through various reform initiatives to reinvent a more favourable balance of power between it and the executive in order to cause greater executive accountability and responsibility. One of such initiatives is the establishment of Compliance (legislative) committee which is a novel idea of the House to monitor compliance to all resolutions, laws and approved guidelines by the House, with sole aim of ensuring that government is accountable. Elsewhere in Nigeria and other post-authoritarian states in Africa, attempts by the federal or sub-national parliament to balance power with government for more accountability are often confronted by an executive mentality wherein governments are predisposed to undervalue the requirements and culture of transparency and parliamentary control when formulating and implementing their policies.
More so, establishment of committees and delegation of functions to such committees by the House is in line with the Section 103 of the constitution. The import of the delegated functions is that the committees are acting on behalf of the House during their oversight activities and whatever decision(s) reached or taken in this course is subject to the legitimation (approval) of the House. In this regard, Lagos parliament has strengthened its legitimation roles by expanding its committee structure to thirty–eight (38) for effective oversight. For clarity, the need for oversight by the committees of the Lagos parliament is succintly to:
(1) Ensure executive compliance with legislative intent, (2) improve the efficiency, effectiveness and economy of the State’s governmental operations, (3) evaluate programme performance of the Ministries, Departments, and Agencies (MDAs), (4) prevent executive encroachment on legislative prerogatives and powers, (5) investigate alleged instances of poor administration, arbitrary and capricious behaviours, abuse, waste, dishonesty, and fraud, (6) assess an agency’s or official’s ability to manage and carry out programme objectives, (7) review and determine state financial priorities, (8) ensure that executive policies reflect the public interest, (9) protect citizen’s rights and liberties, (10) review agency’s rule-making process and, (11) acquire information useful in future policy making.
Mention must be made that oversight powers of the House are drawn from Sections 128 and 129 of the constitution. In the Public Private Partnership law, Lagos State Parliament furthers its legitimation roles and oversight function by ensuring that concessionary agreement between the government and any person, firm, company or limited liability partnership for the construction, maintenance, operation or management of public infrastructure, assets and facilities over an agreed period of time including, but not limited to, the following types of agreements – (1) Design, Build, Operate and Transfer (DBOT); (2) Build, Own, Operate and Transfer (BOOT); (3) Rehabilitate, Operate and Transfer (ROT); (4) Joint Development Agreement (JDA); or (5) Operation and Maintenance (OM) is brought to the House for legislative scrutiny and approval. This is done to ensure that Lagosians are represented by the legislature and not shortchanged while government is procuring service from private investors.
Moreover, in furtherance of its legitimation role, and in line with constitutional empowerment (section 192), Lagos parliament ensures that executive cabinet members are properly screened and their appointment duly ratified by the parliament before such cabinet members resume office. Those who are found wanting in character or qualification are more often than not dropped and replaced, to ensure that men and women of sound mind, character and probity occupy government positions. For same reason of ensuring effective and accountable executive system, the House has mandated that key members of boards of agencies and parastatals be made to appear before the House for confirmation of their appointment, and to ensure compliance to this legislative requirement, the parliament has inserted mandating clause in the laws that established the State’ institutions.
Therefore, from the above submissions, it is crystal clear that Lagos parliament, like any other transformative parliament has woven its legitimation roles around oversight functions, for effective and robust legislation as well as quality representation. It is a testament to the avowed commitment of the government to the Greater Lagos Vision, which is anchored on provision of necessary infrastructure germane to sustainable development.