REP.NNANNA UZOR KALU - Legislative Matters

History

The law-making function is one of the essential pillars of any society. No human society survives in the total absence of laws. Whatever the social system, the conduct of affairs must be defined by certain basic rules. These rules must be made by someone or some group and executed or enforced by some group.

In a democratic environment, power belongs to the people who in turn elect those who are to carry out the task of law-making on their behalf. But in a despot and directly exercised by him or assigned to anyone of his choice. There are no clear lines demarcating the law-making function from the executive function. The two flow into each other and are often carried out by the same people. Therefore, the story of one inevitably leads to the other.

Such is the case of law-making in Nigeria arising from its long history of military dictatorships. The story of the legislature is intertwined with that of the executive and evolves from the larger history of the Nigerian national itself. Nothing better captures this evolution than the process of constitutional engineering in Nigeria, for it is these supreme laws of the land that provide guidance for law-making.

On the whole, these supreme laws or constitutions are products of the dynamic polity, itself a part of the political history of Nigeria. Therefore, it is within this context that the development of the legislature can be traced to the beginning of British colonization of what is now know as Nigeria. The first act in the formal colonization process was the annexation of Lagos in 1961

The House of Representatives (the House) is composed of 360 Members to represent 360 Federal Constituencies including those representing the FCT. Federal Constituencies are created based on as near an equal population size as possible. This necessarily results in the fact that some states have more representatives at the House than other states.

No Senatorial District of Federal Constituency is allowed to fall across two or more States. Members of the House are also subject to the same qualifications and disqualifications as senators except that a member of the House need only have attained the age of 30 years. They are also elected for a four year term subject to being elected to fill an unexpired vacancy. The House of Representatives is presided over by the Speaker who is also a member like the others but elected by them to take charge of the affairs of the House.

Note that both the Senate and the House of Representatives have equal legislative functions and powers but with certain exceptions. For example, the Constitution provides that the President must seek the consent of the Senate in matters such as in the appointment of ministers, ambassadors and members of Federal Commissions. Despite these differences both bodies have equal legislative powers. Therefore the designation of one as the ``upper'' or ‘senior’ House and the other as the "lower" or "junior" House is not really appropriate.

Breakdown of House of Representative Members

Six (6) Political parties are represented in the house. They Include
• People’s Democratic Party (PDP)
• All Nigerian People’s Party (ANPP)
• Action Congress (AC)
• Progressive People’s Alliance (PPA)
• Labour Party (LP)
• All Progressive Grand Alliance (APGA)

A total of 360 members constitute the House of Representatives. The Number of Constituency aloted to each state was based on so many factors but most especially on Population and number of Local Government Areas in the state.

Currently, 358 members are seated while 2 are yet to be seated. The 2 vacant seats are from Orumba North/South Federal Constituency in Anambra State and Akoko South East/West in Ondo State. The Member representing Akoko North East/West died on August 20, 2007. His seat would be replaced in due course following the election ratification by Independent National Electoral Commission (INEC).The Member representing Orumba North/South has never resumed sitting due to electoral issues. He would resume sitting as soon as he is ratified by INEC.

S/N	PARTIES	MALE	FEMALE	TOTAL
1	PDP	239	23	262
2	ANPP	59	1	60
3	AC	30	2	32
4	PPA	2	-	2
5	LP	1	-	1
6	APGA	1	-	1
	TOTAL	332	26
	GRAND TOTAL			358

THE COMMITTEE SYSTEM

Both Houses of the National Assembly carry out the major proportion of their functions through committees and sub committees. It is quite safe to say that the committees are the engine rooms of the National Assembly or any legislative body. The committees provide the most intensive consideration to a proposed measure as well as the forum where the public is given their opportunity to be heard. A tremendous volume of work whether legislative, oversight or even representative is done by the Members through this medium.

In exercising its functions, Section 62 of the constitution empowers the National Assembly to set up and appoint its members into various committees as and when it deems fit. Committees could be Statutory (The Joint Finance Committee, Section 62(3)), Standing, Select or Ad Hoc. Order XIV of the House Standing Rules provides a list of the various committees operating in the House. This list is however subject to periodic upward or downward review. Some of these committees are further broken into subcommittees.

The volume of work entailed in the legislative process dictates that the House as a whole will find it rather difficult if not outright impossible to sit and debate, in the detail that is required, every issue that comes before it. Therefore a committee is usually created to oversee a particular sector of government or society and all bills or any other matter before the National Assembly is referred to that committee with which it is relevant. In most cases, but not necessarily, committees will mirror government departments and agencies and also change with them in the event of major government reorganization. For instance all matters affecting women or the youth are referred top the House Committee on Women Affairs and Youth Development.

In modern practice, the subject matter of a bill or any matter may overlap into the jurisdiction of several committees and the Speaker may refer an introduced bill or such matter to the multiple committees for consideration of those provisions of the bill within the jurisdiction of each committee concerned. Except in extraordinary circumstances, the Speaker must designate a primary committee of jurisdiction on bills referred to multiple committees. The Speaker may place time limits on the consideration of bills by all committees, but usually time limits are placed only on additional committees. Additional committees are committees other than the primary committee to which a bill has been referred, either initially on its introduction or sequentially following the report of the primary committee.

Membership on the various committees is divided between the various parties. Membership is selected by the Speaker and the other member of the Committee on Selection. In most cases, distribution of committee membership and chairmanship will reflect loyalty to the Speaker. Members may be members of as many as 5 or more committees but chairmen of committees can only be members of that committee.

.A Member usually seeks or at least ought to seek election to the committee that has jurisdiction over a field in which the Member is most qualified and interested. For example, the Committee on the Judiciary traditionally is composed almost entirely of lawyers.

One of the first actions taken by a committee is to seek the input of the relevant government departments and agencies. Normally, ample time is given for the submission of the reports and they are accorded serious consideration. However, these reports are not binding on the House in determining whether or not to act favorably on the Bill.

Committees are free to choose their own subject for inquiry though they often receive requests and petitions from various groups in the society to look into any matter. The government has no choice but to put up wit whatever those inquiries might be. Ministers and other government officials must answer questions put o them in an inquiry. It is believed that government would be more effective if some key committees are chaired by the opposition. In the UK for instance, the Public Accounts Committee is by convention, always chaired by a member of the opposition.

Each committee has a Committee Secretary employed by the National Assembly Service Commission. The Secretary runs the administrative aspects of the committee. He prepares agenda, takes minutes, makes traveling arrangements, communicates and liaises with and between members, other committee secretaries and departments within the NASS.