The cost of federal legislation in nigeria

THE COST TO

NIGERIANS

NATIONAL

ASSEMBLY(1999 – 2015)

The Nigerian law makers (National Assembly (NASS) –

the Senate and the House of Representatives) are

regarded as the most expensive in the world.

This is actually ironic; a poor Nation with the most

expensive law makers! While the word ‘Expensive’ may

be subjective and relative; what one derive from

expensive purchase would normally justify such

expenditure.

WHAT HAS NIGERIA BENEFITTED FROM THE

NATIONAL ASSEMBLY SINCE 1999?

This presentation explores budgetary allocations to the

National Assembly since 1999 till date, and compares it

with States Budgets, Federal Ministries & Agencies

Budgets, as well as determine its ranking on a national

budget scale

THE NATIONAL

ASSEMBLY

NASSNATIONAL ASSEMBLY

SENATE109 MEMBERS

REPS360 MEMBERS

THE NATIONAL ASSEMBLY (NASS)The National Assembly comprises of the Senate and the House of

Representatives.

The Senate is one of the Chambers in Nigeria’s bicameral legislature, the National

Assembly. The National Assembly (NASS) is the nation's highest legislature, whose

power to make laws is summarized in chapter one, section 4 of the 1999 Nigerian

Constitution. Sections 47-49 of the 1999 Constitution state inter alia that "There shall

be a National Assembly (NASS) for the federation which shall consist of two chambers:

the Senate and the House of Representatives". The Senate is headed by the President

of the Senate assisted by the Deputy President of the Senate. These Presiding officers

serve as political heads.

There are 109 Senators in the Senate, 3 each from each of the 36 States of the

Federation and 1 representing the Federal Capital Territory. However, irrespective of

size, the Senate is based on equal representation of the States of the federation. The

presiding officer of the Senate is the President of the Senate and is assisted by the

Deputy President. There are other Principal Officers of the Senate which include: the

Majority Leader, Chief Whip, Deputy Majority Leader, Deputy Chief Whip, Minority

Leader, Minority Whip, Deputy Minority Leader and Deputy Minority Whip. In

addition, there are 54 Standing Committees in the Senate chaired by Committee

Chairmen.

ABOUT THE SENATE

SENATE COMPOSITIONS

THE NATIONAL ASSEMBLY (NASS)

The House of Representatives is the 2nd Chambers in Nigeria’s bicameral legislature,

the National Assembly. The National Assembly (NASS) is the nation's highest

legislature, whose power to make laws is summarized in chapter one, section four of

the 1999 Nigerian Constitution. Sections 47-49 of the 1999 Constitution state inter alia

that "There shall be a National Assembly (NASS) for the federation which shall consist

of two chambers: the Senate and the House of Representatives". The House of

Representatives is headed by the Speaker assisted by the Deputy Speaker. These

Presiding officers serve as political heads.

There are 360 members of the House of Representatives elected based on

proportional representation of population of each of the 360 States of the Federation

and the Federal Capital Territory. The presiding officer of the House of Representatives

is the Speaker and is assisted by the Deputy Speaker. There are other Principal Officers

of the House which includes: the House Majority Leader, Chief Whip, Deputy Majority

Leader, Deputy Chief Whip, Minority Leader, Minority Whip, Deputy Minority Leader

and Deputy Minority Whip. In addition, there are 84 Standing Committees in the

House of Representatives chaired by Committee Chairmen

ABOUT THE HOUSE

HOUSE COMPOSITIONS

THE NASS OVERSIGHT FUNCTIONSThe oversight function of the legislature in Nigeria finds legislative importance in

Section 88, Sub-sections 1(a)-(b) and 2(a)-(b) of the 1999 Constitution of the Federal

Republic of Nigeria which provides that

1. Subject to the provisions of this Constitution, “each House of the National Assembly

shall have power by resolution published in its journal or in the Official Gazette of the

Government of the Federation to direct or cause to be directed an investigation into

–

(a) any matter or thing with respect to which it has power to make laws; and

(b) the conduct of affairs of any person, authority, ministry or government

department charged, or intended to be charged, with the duty of or

responsibility for –

I. executing or administering laws enacted by the National Assembly, and

II. disbursing or administering moneys appropriated or to be appropriated by

the National Assembly”.

2. The powers conferred on the National Assembly under the provisions of the

section are exercisable only for the purpose of enabling it to –

(a) make laws with respect to any matter within its legislative competence and

correct any defects in existing laws; and

(b) expose corruption, inefficiency or waste in the execution or administration of

laws within its legislative competence and in the disbursement or administration

of funds appropriated by it”.

THE NASS OVERSIGHT FUNCTIONS

The Constitution confers exclusive powers to the Senate among

them –

The power to scrutinize and confirm major appointments of

the executive. Specifically, the appointments of Ministers,

Special Advisers,

Ambassadors,

Top Judicial Officers heading specified levels of courts,

The Auditor-General of the Federation, and

The Chairmen and Members of the vital National Commissions.

Both Chambers have broad oversight functions to establish committees of

its members to scrutinize bills and the conduct of government institutions

and officials. The House of Representatives is also empowered by the

Constitution to legislate on Exclusive, Concurrent and Residual lists.

AMONGST MANY FUNCTIONS OF THE LAW MAKERS; THIS

STANDS OUT – TO SCRUTINIZE BILLS AND ESTABLISH LAWS.

HOW WELL HAVE THEY PERFORMED IN THIS REGARD?

THE NASS COMMITTEES – SENATENO. COMMITTEE

1 Agriculture & Rural Development

2 Air Force3 Approriation

4 Aviation

5 Banking,Insurance and Other Financial Institutions6 Capital Markets7 Communications

8 Cooperation and Integration in Africa and NAPED

9 Culture And Tourism10 Defence and Army

11 Drugs Narcotics and Financial Crimes12 Education

13 Employment, Labour and Productivity

14 Environment and Ecology15 Establishment and Public Service16 Ethics, Code of Conduct & Public Petitions17 Federal Capital Territory18 Federal Character and Intergovernment Affairs

19 Finance

20 Foreign Affairs

21 Gas22 Health

23 Housing24 Independent National Electoral Commission25 Industry

26 Interior Affairs

27 Inter-Parliamentary Affairs

28 Judiciary, Human Rights and Legal Matters29 Land Transport

NO. COMMITTEE

30 Local and Foreign Debts

31 Marine Transport

32 MDGS

33 Media and Public Affairs

34 Nat. Planning, Economic Affairs & Poverty Alleviation

35 National Population & Identity Card

36 National Security and Intelligence

37 Navy

38 Niger Delta

39 Petroleum Downstream

40 Petroleum Upstream

41 Police Affairs

42 Power

43 Privatization

44 Public Accounts

45 Rules & Business

46 Science and Technology

47 Selection Committee

48 Senate Services

49 Solid Minerals

50 Special Duties

51 Sports and Social Development

52 States and Local Government

53 Trade and Investment

54 Water Resources

55 Women Affairs

56 Works

THE NASS COMMITTEES – HOUSENO. COMMITTEE

1 Agriculture

2 Aids, Loans and Debt Management

3 Air Force

4 Anti-Corruption, National Ethics & Value

5 Appropriations

6 Army

7 Aviation

8 Banking & Currency

9 Capital Market

10 Civil Society and Donor Agencies

11 Commerce

12 Communications

13 Constituency Outreach

14 Cooperation and Integration in Africa

15 Customs and Excise

16 Defence

17 Diaspora

18 Drugs, Narcotics & Financial Crimes

19 Education

20 Electoral Matters

21 Employment and Productivity

NO. COMMITTEE

22 Emergency & Disaster Preparedness

23 Environment and Ecology

24 Establishment & Public Services

25 Ethics & Privileges

26 FCT Area Councils and Ancillisary Matter

27 Federal Capital Territory

28 Federal Character

29 Finance

30 Foreign Affairs

31 Gas Resources

32 Governmental Affairs

33 HIV/AIDS Tuberculosis and Malaria Control

34 House Services / Welfare

35 Housing and Habitat

36 Human Rights

37 Industries

38 Information & National Orientation Agency

39 Inter and Intra-Party Relations

40 Interior

41 Internal Security

42 Inter-Parliamentary Relations

THE NASS COMMITTEES – HOUSENO. COMMITTEE

43 Labour, Employment and Productivity

44 Lake Chad

45 Land Transport

46 Local & Foreign Debt

47 Local Content

48 Legislative Budget and Research

49 Marine Transport

50 Media/Public Affairs

51 Milliennium Development Goals

52 National Identity & National Population

53 National Planning and Economic Development

54 National Security & Intelligence

55 Navy

56 Niger Delta

57 Niger Delta Development Commission

58 Peace and National Reconciliation

59 Pension

60 Petroleum Resources (Down Stream

61 Petroleum Resources (Up Stream

62 Police Affairs

63 Poverty Alleviation

NO. COMMITTEE

64 Power

65 Privatization and Commercialization

66 Public Accounts

67 Public Petitions

68 Public Procurement

69 Public Safety and National Security

70 Public Service Matter

71 Rules & Business

72 Rural Development

73 Science & Technology

74 Solid Minerals Development

75 Special Duties

76 Sports and Social Development

77 States & Local Government Affairs

78 Steel

79 Trade and Investment

80 Treaties, Protocols and Agreements

81 Water Resources

82 Women in parliament

83 Works

84 Youth and Social Development

THE NATIONAL ASSEMBLY BUDGETAllocation to the National Assembly comes under different

headings. From 1999 to 2011, the budgets were distinctively

allocated in these categories –

NATIONAL ASSEMBLY OFFICE SENATEHOUSE OF REPRESENTATIVESNATIONAL ASSEMBLY SERVICE COMMISSION LEGISLATIVE AIDES SENATE COMMITTEE ON PUBLIC ACCOUNTSHOUSE COMMITTEE ON PUBLIC ACCOUNTSGENERAL SERVICE OFFICE

PART C – RECURRENT EXPENDITURE

NATIONAL ASSEMBLY OFFICE SENATEHOUSE OF REPRESENTATIVESNATIONAL ASSEMBLY SERVICE COMMISSION LEGISLATIVE AIDES SENATE COMMITTEE ON PUBLIC ACCOUNTSHOUSE COMMITTEE ON PUBLIC ACCOUNTS GENERAL SERVICE OFFICE

PART D – CAPITAL EXPENDITURE

However, from 2012; the National Assembly budget is just

presented under a single heading – National Assembly – without

any detail. Other section where Budgets are allocated to the

National Assembly is under the Service-Wide Votes.

THE NATIONAL ASSEMBLY BUDGETYEAR NATIONAL ASSEMBLY

1999 2,204,150,000

2000 29,458,065,950

2001 15,488,000,000

2002 28,161,930,230

2003 23,347,116,582

2004 34,729,324,335

2005 55,432,457,558

2006 44,999,999,999

2007 60,000,000,000

2008 73,741,326,233

2009 123,192,333,760

2010 154,205,234,695

2011 150,000,000,000

2012 150,000,000,000

2013 150,000,000,000

2014 150,000,000,000

2015 227,000,000,000

14

NASS 2015

BUDGET IS

NOT N120Bn!

N227Bn

2015 APPROPRIATION ACT

50,000,000,000

6,000,000,000

1,000,000,000

50,000,000,000

CODE23050119

23050142

23050143

23050147

ITEMOUTSTANDING COMMITMENTS ON 2014

CONSTITUENCY PROJECTS

CAPITAL DEVELOPMENT OF NATIONAL

INSTITUTE FOR LEGISLATIVE STUDIES

NATIONAL ASSEMBLY CLINIC

SPECIAL INTERVENTION/ CONSTITUENCY

PROJECTS

NASS MAIN BUDGET

= N120Bn

120 + 50 + 50 + 6 + 1 = N227Bn

SOURCE Document – 50. CRF Charges_Revised-V3 (FINAL).pdf

THE NATIONAL ASSEMBLY BUDGETYEAR NATIONAL ASSEMBLY TOTAL BUDGET %

1999 2,204,150,000 60,549,835,647 3.64

2000 29,458,065,950 470,009,971,781 6.27

2001 15,488,000,000 894,214,805,186 1.73

2002 28,161,930,230 1,064,801,253,520 2.64

2003 23,347,116,582 976,254,543,375 2.39

2004 34,729,324,335 1,790,848,344,588 1.94

2005 55,432,457,558 1,799,938,243,138 3.08

2006 44,999,999,999 1,876,302,363,351 2.40

2007 60,000,000,000 2,266,394,423,477 2.65

2008 73,741,326,233 2,492,076,718,937 2.96

2009 123,192,333,760 2,870,510,042,679 4.29

2010 154,205,234,695 4,608,616,278,213 3.35

2011 150,000,000,000 4,870,944,273,449 3.01

2012 150,000,000,000 4,749,100,821,170 3.16

2013 150,000,000,000 4,987,220,425,601 3.01

2014 150,000,000,000 4,642,960,000,000 3.23

2015 227,000,000,000 4,493,363,957,158 5.05

THE NATIONAL ASSEMBLY BUDGET Total allocation to the National Assembly from

1999 to 2015 is N1,471,959,939,342.

This comes to an average of N86,585,878,785.

Total National Budget from 1999 to 2015 is

N44,914,106,301,270.

Therefore, the National Assembly has shared

3.28% of the National budget.

The Year 2000 NASS budget shared the largest

percentage with 6.27% of National Budget.

Since then, Year 2015 comes next with 5.05%

of National Budget.

17

THE NATIONAL

ASSEMBLY BUDGET

COMPARED TO

FEDERAL MINISTRIES

BUDGETS

THE NATIONAL

ASSEMBLY BUDGET

COMPARED TO

STATE

GOVERNMENTS’

BUDGETS

NASS & FEDERAL MINISTRIES BUDGETS

1999 BUDGET 2000 BUDGET


2015 BUDGET

YEAR NASS POSITION

1999 9TH

2000 3RD

2001 13TH

2002 9TH

2003 9TH

2004 9TH

2005 10TH

2006 10TH

2007 8TH

2008 9TH

2009 6TH

2010 8TH

2011 7TH

2012 7TH

2013 7TH

2014 6TH

2015 5TH

FEDERAL MINISTRIES PAY SALARIES &

ARE INVOLVED IN DEVELOPMENTAL

PROJECTS, WHAT ABOUT THE

NATIONAL ASSEMBLY?

NASS & STATE GOVERNMENTS’ BUDGETS

NASS & STATE GOVERNMENTS’ BUDGETSThe National Assembly’s budget is more than the

Budgets of at least 18 States. The budget of a typical

state have the following components –

EBONYI BUDGET

2014

Ebonyi state with a population of about 3million in

2014 had a Budget of N99.8Bn; what is the population

of the National Assembly that had N150Bn in 2014?

QUESTIONS

WHAT IS THE BREAKDOWN OF THE

NATIONAL ASSEMBLY BUDGET?

WHAT IS THE POPULATION OF THE

NATIONAL ASSEMBLY?

HOW MANY JOBS ARE CREATED BY

THE NATIONAL ASSEMBLY?

HOW MANY SCHOOLS, ROADS,

HOSPITALS, ETC DO THEY BUILD?

HOW PRODUCTIVE

IS THE NATIONAL

ASSEMBLY?

#BILLS #BILLS

HOW PRODUCTIVE IS THE NASS?The productivity of Nations, Persons, Groups, or

Entities can be measured by how well they meet

the requirements of their oversight functions and

responsibilities.

MAKE LAWS WITH RESPECT TO ANY MATTER

WITHIN ITS LEGISLATIVE COMPETENCE AND

CORRECT ANY DEFECTS IN EXISTING LAWS.

Since the National Assembly comprises of Law

Makers; it is given that Law Makers ought to make

laws. The Nigerian Constitution (1999), Section 88,

Sub-sections 2 (a), confers on the National

Assembly the power to –

HOW PRODUCTIVE IS THE NASS?Therefore; the PRODUCTIVITY of the National

Assembly can partly be measured by how well it

performs in terms of its law making ability.

LAW MAKING PROCEDURE IN NASS

BILLS ACTSLegislative

Process

A bill which has passed through the various legislative steps

required for it and which has become law.

A BILL SHALL BECOME A LAW AFTER IT HAS GONE THROUGH THE LEGISLATIVE

PROCESS AND SIGNED INTO LAW BY THE PRESIDENT OF NIGERIA.

A first draft and proposed law or statute which has been formally

tabled before a legislative assembly for consideration.

EXECUTIVE

MEMBER PRIVATE

http://www.nassnig.org/page/the-legislative-process

THE LEGISLATIVE PROCESS

SPEAKER

PRESIDENTExecutive

Senator/Private

House/Private

BILL

EXCUTIVE

MEMBER

PRIVATE

House of Rep.is marked HB (House Bill) while the one from the Senate is marked SB (Senate Bill). An Executive bill is marked with "Executive"printed on the title page of the bill -|- CMTT = Committee -|- For comprehensive The Legislative Process, refer to NASS Website HERE

CMTT –RULES &

PROCEDURE

CMTT –RULES &

BUSINESS

Bill well

drafted?

Re-drafting by NASS Legal

GAZETTE FOR READINGYES

NO

1STAGE

CLERK OF BOTH CHAMBERS

READS THE SHORT TITLE OF BILL -

TO INFORM MEMBERS OF BILL

FIRST READING SECOND READINGBill Sponsor

moves motion for

Bill to be read

which must be

seconded

States Bill’s OBJ,

General

Principle, Subject

Matter, & Benefits

Bill Supported

?

COMMITTEE STAGE

NOYES

CMTT OF THE

WHOLE HOUSE

STANDING

CMTT

PUBLIC HEARING

THIRD READING

2

Motion is

moved for the

Bill to be read

the third time.

Bill Accepted

Bill Amended

Bill rejected

Joint CMTT

On successful

deliberation,

the Nigerian

President

signs Bill into

Law.

If there is no

objection, the Bill

is PASSED!

Clerk cleans up

Bill and sends to

either Chamber

3 4IF AFTER 30 DAYS, THE NIGERIAN PRESIDENT DOES NOT SIGN A BILL, THE 2 CHAMBERS CAN RECALL & RE-PASS IT. ON 2/3 MAJORITY VOTES, THE BILL BECOMES A LAW.

http://www.nassnig.org/page/the-legislative-process

36

All bills must receive three readings before they can be passed into law and the readings must be on different days. Some bills can receive accelerated consideration i.e. on the same day based on their urgency and significance for government policy. In that case, rules of the House/Senate are to be suspended for easy passage. Examples of such bill

that might receive accelerated hearings are the ones that are needed to enable the president take urgent action on matters relating to national security.

WHAT IS THEKEY PERFORMANCE INDICATOR

OF NASS?

KPI

KPI

HOW MANY BILLS HAVE

THEY PASSED INTO LAW?

#BILLS

#BILLS

1440

HOW MANY BILLS HAVE THEY DEBATED?According to Policy and Legal Advocacy Centre (PLAC);

a total of 1079 Bills have been considered – House of

Representatives (693) and Senate (386). This is asrecorded from PLAC without much analysis.

TOTAL SENATORS

(1999 – 204)

436

TOTAL REPS.

(1999 – 204)

APPROXIMATELY, IT IS

0.8853211009174312BILL PER SENATOR!!!

THIS SUM TOTAL OF LAW MAKERS IS ON THE ASSUMPTION THAT NO MEMBER WAS RETURNED

APPROXIMATELY, IT IS

0.48125BILL PER HOUSE REP.!!!

HOW MANY BILLS IN ALL?However; on analysis, with House Bills coded as HB and

Senate Bills as SB, these were the last Bills considered by

both Chambers – HB 780: National Agency on the

Great Green Wall (Establishment) Bill, 2015 and SB 547:

National Agency for the Great Green Wall (Est., etc.) Bill

2015.

THE POSSIBILITY HERE IS THAT SOME BILLS NEVER MADE IT TO THE FIRST READING.

HOUSE SENATE NATIONAL ASSEMBLY

780 BILLS

547 BILLS

1327BILLS

From 1327; 1079 bills (81%) made it to First Reading. The

remaining 248 jettisoned – would they be re-presented?

HOW MANY BILLS GOT PASSED?

TOTAL BILLS R E A D I N G1ST 2ND 3RD / Passed

1327 1079 479 123

248DIFF 600 356

81% 44% 26%%

36% 11%

9%

Bill - > 2nd | 1st - > Passed

Likelihood of a Bill being passed

SUMMARY OF BILLS Total Bills - 1327

Bills that were considered for 1st reading - 1079

% of Bills that were considered for 1st reading - 81%

Bills that went through 1st to 2nd reading - 479

% of Bills that went through 1st to 2nd reading - 44%

% of Bills that went from conception to 2nd reading - 36%

Bills that went through 2nd to 3rd reading - 123

% of Bills that went through 2nd to 3rd reading - 26%

% of Bills that went from 1st to 3rd reading - 11%

% of Bills that went from conception to 3rd reading - 9%

THE PROBABILITY THAT A BILL

WOULD BECOME AN ACT IS: 9%

20 MOST PRODUCTIVE LEGISLATORS

SPONSOR(S) BILL

Hon. Ali Ahmad 31

Hon. Uzoma Nkem-Abonta 23

Sen. Victor Ndoma-Egba 20

Hon. Femi Gbajabiamila 16

Sen. Benedict A. Ayaade 15

Sen. Ita Enang 15

Hon. Emmanuel Jime 14

Sen. Ifeanyi A. Okowa 11

Sen. Smart Adeyemi 11

Hon. Karimi Sunday Steve 10

Hon. Raphael Igbokwe 10

Hon. Robinson Uwak 9

Sen. Domingo Obende 8

Hon. Godfrey Ali Gaiya 8

Hon. Leo Ogor 8

Sen. Ganiyu O. Solomon 8

Hon. O.K. Chinda 8

Sen. Benedict Ayade 8

Hon. Patrick Ikhariale 8

Hon. Nkeiruka Onyejeocha 7

PRODUCTIVITY IN TERMS OF NO. OF BILLS

SPONSOR(S) BILL ACT

Hon. Abubarkar Momoh & 18 others 2 2

Hon Mulikat Akande-Adeola 1 1

Hon. Samson Osagie 1 1

Sen. Uche Chukwumerije 1 1

Hon. Opeyemi Bamidele 24 Others 1 1

Sen. Dahiru A. Kuta & 49 Ors 1 1

Tijani Abdulkadir Jobe 1 1

Hon. Abike Dabiri-Erewa & 3 Others 1 1

Hon. Leo Ogor and 21 others 1 1

Hon. Yusuf Ayo Tajudeen 1 1

Hon. Aminu Shehu Shagari 1 1

Hon. Emeka Ikedioha 1 1

Hon. Ibrahim Shehu Gusau 1 1

Hon. Jisalo Bitrus Zaphaniah 4 3

Hon. Ogbuefi Ozomgbachi 4 3

Sen. Ike Ekweremadu 3 2

Sen. Paulinus N. Igwe 2 1

Sen. Babajide Omoworare 2 1

Hon. Albert Sam-Tsokwa & 21 others 2 1

Hon. Ali Ahmad 31 14

IN TERMS OF NO. OF BILLS PASSED

SUMMARYUnfortunately, there is no enough data to determine

which of the Assembly (from 1999-2015) was more

productive in terms of their ability of taking a Bill through

the legislative process and making it become an Act.

IF THE BUSINESS OF LAW MAKERS IS TO MAKE

LAWS, AND WE ONLY HAVE 9% OF ALL BILLS

PASSED INTO LAW – HOW PRODUCTIVE IS THAT

CONSIDERING THE AMOUNT OF MONEY

EXPENDED ON THE NATIONAL ASSEMBLY?

IF THE COST OF LEGISLATION IS MORE THAN ITS

BENEFITS – IT’S EITHER #NASS INCREASE THEIR

PRODUCTIVITY OR REDUCE THE COST OF LEGISLATING!

Reference –

Independent National Electoral Commission (INEC) - http://www.inecnigeria.org/1

The National Assembly - http://www.nassnig.org/2

Policy and Legal Advocacy Centre (PLAC) -http://www.placng.org/3

Analysis by: Wale Micaiah

e: [email protected]

m: 08078001800

w: www.statisense.com

w: www.walemicaiah.com

Freely share, freely use and freely

acknowledge the source – © Wale Micaiah

The cost of federal legislation in nigeria

Government & Nonprofit

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