Dr Ladi Hamalai (MFR)Director-General

National Institute for Legislative Studies

National Assembly, Nigeria

ENHANCING LEGISLATIVE OVERSIGHT: REGIONAL INITIATIVE

Ch. 1-1

OUTLINE

Introduction

Challenges of Legislative Oversight in the region

NILS Legislative Oversight initiatives

Proposed Regional Initiatives

Conclusion

Ch. 1-2

INTRODUCTION Parliament embodies democracy. It is the central

institution through which the will of the people is expressed, laws are passed and government is held to account. (IPU 2014)

Most important legislative function (NDI 2000, Pelizo and Stapenhurst 2002; 2004)

“the review, monitoring and supervision of government and public agencies, including the implementation of policy and legislation” (Yamamoto 2007) Ch.

1-3

CONT

Thus, legislative oversight focuses on policy, programme and projects of the government

Purpose: To detect and prevent abuse To hold government accountable To ensure policies are actually implemented To improve transparency

Ch. 1-4

Ch. 1-5

SN committee Activity Finding outcome1 House Committee on Niger

DeltaVisit to NDDC and oil and Gas companies

Non compliance by oil and Gas companies and serious welfare implicationIncessant community clashes 

Recovery of #18billion NDDC fund from companies Setting up of stakeholders forum to resolve coflicts

2 Finance visit Discovered various unremitted funds from Agencies totaling #563billion Controversial #20-40bn missing

Finally returned to the treasury, federation account Clarification of the Missing Fund Saga and subsequent refund of $430 million from NNPC for funds used without appropriate approval

3 Privatisation and commercialization

investigation Controversial agreement Concession btw FG and GINL

Cancellation of the concession, and enactment of procurement Act

4 Education Investigation and visits

Investigate issues behind incessant interruption of academic programs and exam malpractices

exam malpractices reduced by 59% and reduced interruption of programs in the universities

5 Housing and Urban devt Investigation and Hearing

Discovered that some employers were owing NHF

Recovered #3.2 billion debt owed by employers of labour to the National Housing Fund

6 Health Visit and public hearings

Reluctance of citizens to embrace the Oral Polio vaccines

Dilapidated federal teaching hospitals facilities

National health Reform Agenda was not strictly complied with

Their intervention provided credibility for the programIn 2006, president Obasanjo, approved upgrading of six teaching hospital facilitiesImproved performance has been observed

7 Diaspora investigation Discovered that over 200 Nigerians were on Death row over some issues in Libya

The intervention of the committee led to the release of these people

8 Power Visit and public hearings

Epileptic power supply, allegation of corruption on over oil subsidy

Oil sector reform, enactment of Petroleum Industry Bill ,

Some selected oversight Outcomes in Nigeria 2006-2014

CHALLENGES African Governance Report (AGR-II- 2009) observed

that the capacity of the legislature to perform its functions efficiently and effectively is a major concern in many African countries

Inadequacy of tools (see Dramman 2014) High turnover of MPs and weak institutional capacity MPs quality and independence Inadequacy of executive response to alleged corrupt

cases found Abuse of Legislative investigative power Inadequate access to research and information;

Ch. 1-6

CONT

Dearth of parliamentary facilities and poor documentation

Lack of high quality technical/professional support staff;

Poor public perception of the legislature; Wide capacity gap compared to the

executive arm of government;

Ch. 1-7

PREVIOUS EFFORTS TO ADDRESS THESE CHALLENGES

capacity building programmes, in the form of orientation courses, induction for New Members

Training programmes, Workshops Round table, Inter-parliamentary Exchange Visits, Seminars

Are they adequate?

NILS: A BRIEF BACKGROUND

Started as PARP (2003-2011) co-funded by ACBF and National Assembly, Nigeria

National Institute for Legislative Studies (NILS ) was established by an Act of Parliament in 2011, and charged with the responsibility of conducting quality academic and professional research, training and advocacy on democratic governance and legislative practice and procedures in Nigeria.

The Institute’s mandate however extends to State Assemblies and the ECOWAS Member Parliaments.

Ch. 1-9

Ch. 1-10

ADMINISTRATION OF OPERATIONS

The following are the operating procedures the institute used in achieving its mandate

Needs Assessment Development of a Workplan Workplan Implementation Workplan monitoring Evaluation Half-Yearly and Yearly implementation status report Periodic Impact Assessment Mid-term Review every 2 years.

Ch. 1-11

COLLABORATIONS

United Nations Department of Social and Economic Affairs (UNDESA), Kenya

Africa Capacity Foundation (ACBF)

Global Center for ICT in Parliaments, ItalyInternational Center for Theoretical Physics

COLLABORATIONS

Eastern and Southern African Management Institute (ESAMI), Tanzania

Harvard University (Kennedy School of Government), John Hopkins University, International Law Institute Washington DC, Public Law Institute Tuelen, NCSL and Oxford University

Nigerian Government Ministries, Departments and Agencies (MDAs)

United Nations Development Programme

COLLABORATIONS

Canadian Parliamentary Centre

Westminster Foundation for Democracy

European Parliamentary Association with Africa (AWEPA)

NILS INITIATIVES ON OVERSIGHT Induction for new legislators (state and Federal),,

legislative aides and committee clerks Exchange of Experience visits to national

parliaments Research reports and publications to enhance

investigative or oversight skill International Tailored-made Training on Mastering

Negotiation: to improve negotiation skills for legislators

Review of Parliamentary ethics Development of induction tool kits

Ch. 1-14

Ch. 1-15

SN ACTIVITY OBJECTIVE EXPECTED OUTCOME1 Capacity Building on Effective Parliamentary

Oversight5-day Tailored programme for 15 Legislators in UK (Cambridge University)5-9 May

To improve the skill sets of Parliamentarians in oversight

Effective Monitoring & Evaluation of MDAs

2 Parliamentary Reporting & Communication Skills for Legislators5-day Tailored programme for 10 Legislators of relevant committees. (Georgetown University)August

To improve the skill sets of Parliamentary Committees in conduct of oversight function

Effective Monitoring & Evaluation of MDAs

3 Commonwealth Parliamentary Association Conference 2014:Conference for 7 Legislators (2 Senators, 3 Hon. Members and 1 State of Assembly Legislator) in Cameroon 2-10 October

To afford the participants the opportunity to interact with parliamentarians from outside their jurisdiction and share experiences

Improved legislative experience

4 3-day Workshop on Budget Tracking: Monitoring & Implementation for 50 CSOs & NGOs in the office of the Senate President and SpeakerVenue: NASS Hearing RoomsDate: February

To acquaint participants with relevant analytical skills for budget tracking, monitoring and implementation

Improved information on capital projects across the countryEffective budget oversight

5 4-day Workshop on Budget Monitoring: Oversight and Implementation for 50 Participants from the State Houses of Assembly Venue: Nasarawa Date: April

Develop participant’s capacity on budget monitoring, oversight and implementation 

Developed capacity on Budgetary and Appropriation process for state Assembly

OVERSIGHT ACTIVITIES IN NILS WORKPLAN 2012-2014

Ch. 1-16

MAJOR INTERNATIONAL AND NATIONAL CONFERENCES Law Reform Conference July 2012 with about 300 participants from Nigeria

and 20 countries.

Roundtable conference on Party and party politics in Nigeria in November 2012 with over 300 participants spanning leaders and members of all political parties.

Emerging Democracy in Africa: Challenges and Opportunities with over 400 participants from over 20 countries.

The First African Legislative Summit was held in Abuja in November 2013, with over 1300 participants and 40 heads of delegations from African countries, effort at institutionalizing the summit is presently receiving attention in almost all national parliaments in Africa

S/N TITLE YEAR OF PUBLICATION

1 Committees in the Nigerian National Assembly: A study of the Performance of legislative functions 2003-2010

Nov 2010

2 Assessing Legislation: A Manual for Legislators 2012

3 Nigerian State Assemblies: A study of Legislative Activities 2010-2011

NOV 2012

4 Report of the conference on Emerging Democracies in Africa: Challenges and Opportunity

June 2013

5 Nigerian Journal of Legislative AffairsSpecial Issue

Dec 2013

6 Report of the First Africa Legislative Summit June 2014Ch. 1-17

SOME SELECTED NILS PUBLICATIONS ON LEGISLATIVE OVERSIGHT

INITIATIVES: NILS -DGD Development of Oversight Legislative

Manual/Template

Ch. 1-18

NILS CAP

Exchange programs with other parliaments, UK parliament for exchange of best practices

Regional Dialogue sessions

Ch. 1-19

OTHER PROPOSED REGIONAL INITIATIVES Inter-Parliamentary Exchange visits Regional conferences Regional Dialogue session with relevant stakeholders

in the region Pool funds to address some Capacity challenges and

infrastructure External Assistance in terms of capacity building and

funding More empowerment for the ECOWAS parliament Building strong legislative ethics control Enforcement of regional rules and sanction regime Standardization of Parliamentary Information System For efficient information sharing

CONT

Enhancing cooperative efforts with CSOs Prompt attendance to the issue of high

turnover of legislators Tolerance of constructive opposition party in

the region ( Kenya and Uganda, good example parliamentary Commission

Provision of immunity from persecution for acts done or statements made while performing oversight duties

Ch. 1-21

CONCLUSION

Compliance increased Welfare improved Democracy deepened Public trust enhanced

Ch. 1-22

Ch. 1-23