LEGISLATION AND GOOD GOVERNANCE IN NIGERIA
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LEGISLATION AND GOOD GOVERNANCE IN NIGERIA
Chapter one
INTRODUCTION
1.1 Background of the Study
The coordination of the system, people, and polity is the responsibility of government, which is the custodian of the sovereignty of the entire citizenry, to which they have collectively and willingly submitted in exchange for peaceful and meaningful coexistence fueled by law and good governance.
It is thus pertinent to say that the responsibility of the government is to provide an effective and efficient framework and enabling environment to enhance the social, physical, financial, and general well-being of the populace, or efforts of the components of the state, particularly human beings,
are effectively and efficiently galvanised towards productive activities and in the best interest of the state and the citizens determines the extent of the “goodness” or otherw It is undeniable that legislation is an important tool for state organisation, on which the government relies every day to maintain societal stability.
Legislation created through an institutionalised law-making process is by far the most important arsenal from which the government obtains its laws. The following lends weight to legislation’s proclaimed functions and obligations as a source of law in any community, as well as, by extension, to the Legislature, which is solely and constitutionally accountable for enacting these laws.
The purpose of this study is to investigate the extent to which legislation can promote good governance and sustainable development, as well as to assess the extent to which good governance has been promoted through legislation in Nigeria, taking into account the unique characteristics of the law, the constitution, and constitutionalism.
This endeavour, however intimidating and difficult it may look, is best accomplished by referencing real examples from Nigerian jurisprudence.
Good administration entails much more than state power or political intent. The rule of law, openness, and accountability are more than just technical issues with administrative procedures or institutional design.
They are the results of democratising processes driven not only by committed leadership, but also by the participation and competition of groups and interests in society processes that are most effective when sustained and restrained by legitimate, effective institutions.
Never have these worries been coupled to more significant opportunities. In the autumn of 2002, the 191 United Nations Member States committed to eight Millennium Development Goals: eradicating extreme poverty and hunger,
achieving universal primary education, promoting gender equality and women’s empowerment, reducing child mortality, improving maternal health, combating HIV/AIDS, malaria, and other diseases, ensuring environmental sustainability, and developing a global development partnership.
1 As onerous as these goals are in terms of technical and resource requirements, they are equally challenging to Member States’ ability to mobilise people and resources, make and implement difficult policy decisions, and engage their citizens in activities that will shape their futures.
In this paper, I argue that good governance, the rule of law, openness, and accountability represent partnerships between the state and society, as well as between citizens—partnerships that are sustained not only by good intentions, but also by long-term, converging incentives and strong legislative institutions.
Governments establish the legal and policy foundations required for successful and sustainable natural resource and landscape management projects. Community-based techniques can only be effective if the institutional environment in a given locality includes policies, laws, regulations, and fire management organisations that provide a backdrop for participatory approaches, rights, and benefits.
The successful execution of any programme, including CBFM, frequently necessitates modifications to supporting policies, rules, and regulations at three different levels of administration: national, local/district, and intermediate/provincial. At the national level, policies and accompanying laws must establish a climate that promotes CBFM and makes it appealing to communities.
At the provincial level, a decentralised natural resource management model that is most likely to function in the appropriate political circumstances should be advocated (Treue and Nathan, 2007). In Cambodia, for example, government policy, rules, and regulations all influence how peasants use fire.
According to the Cambodia Forest Sector Review (2004), government field officials, particularly cantonment (district) offices of the National Forestry Administration (FA), frequently implement specific rules at the district and commune levels. As a result, the government and its policies are perceived to be explicitly tied to traditional fire use and, more broadly,
to the socioeconomic situation in many rural communities. Mozambique’s current forestry and wildlife strategy also prioritises community involvement in natural resource management. This emphasis is reflected in the government’s attempts to manage natural resources together with rural communities and the corporate sector.
This approach reflects a policy shift in Mozambique’s agricultural and natural resource sectors, with the potential to significantly effect economic development (Nhantumbo, Dent, & Kowero, 2001). Good governance is required, at the very least, to establish and eventually implement relevant policies and supporting laws.
The term “governance” is widely used and applied in a variety of circumstances, yet it is difficult to define simply. In the context of natural resources, governance refers to the set of official and informal policies, as well as the arrangements made between relevant parties to manage and make decisions regarding a specific resource.
Governance provides a framework for organisations, such as communities, to identify their interests, rights, and obligations, as well as how they will engage with one another and with institutions of power in order to manage a specific resource.
1.2 Statement of Problem
Good governance and legislation go hand in hand. According to Baron de Montesquieu’s principle of separation of powers, the legislative should be free of executive interference and lobbying by politicians and other polity stakeholders.
In Nigeria’s 7th assembly, the problem of legislation has been complicated by the imposition of legislators who are not always equipped to do so, resulting in inefficient legislation and incompetence among legislators.
1.3 PURPOSE OF THE STUDY
The primary goal of this research is to determine the function of legislation in good governance. This is because no government exists without laws, and these laws are enacted by qualified individuals known as legislators. However, the study aims to determine:
i) Challenges of Effective Legislation
ii) Determine the independence and efficiency of the legislature’s legislation.
iii) Evaluate the relationship between legislation and good governance.
iv) To provide solutions to any deficiencies in the seventh assembly.
1.4 Research Hypotheses
To fulfil the study’s purpose and propose a solution to the study’s problem, the following research questions were formulated:
H0: There are no barriers to effective legislation in Nigeria.
H1: Nigeria faces difficulty in implementing effective legislation.
H02: There is no significant association between legislation and good governance in Nigeria.
H2: There is a considerable relationship between legislation and good governance.
1.5 Significance of the Study
It is expected that the outcomes of this study will be advantageous to employees of the National Assembly and legislatures who are responsible for creating laws.
The study will be useful to the media, which will analyse the efficiency of the legislation in order to ensure good governance, appraise the performance of the current government, and criticise it when necessary to improve governance.
It is also expected that the study will benefit teachers, lecturers, academia, students, and researchers.
1.6 Scope and Limitations of the Study
The study covers legislation and good governance with an emphasis on the 7th parliament, although it has certain limitations, including:
a) AVAILABILITY OF RESEARCH MATERIAL: The researcher has insufficient research material, which limits the investigation.
b) TIME: The study’s time frame does not allow for larger coverage because the researcher must mix other academic activities and examinations with the study.
c) FINANCE: Finance is a significant constraint on the extent of the research because available funds do not allow for further growth of the scope of the investigation.
1.7 Definition of Terms
Legislation
Legislation is described as the creation of laws, the process of developing and passing legislation. However, a more usual and acceptable definition is that it refers to legislation passed by an official body, specifically a government assembly.
The Black Law Dictionary defines legislation as the act of giving or enacting laws, the ability to create laws, the act of legislating, the preparation and enactment of laws, and laws enacted by a law-making body.
Thus, legislation can refer to either the process of creating laws or the laws that result from that process. An important element of it is that it must have emerged from a government body known to the laws of that society, which body is known as the legislature.
Good governance.
The word “Good Governance” undoubtedly has a wide range of connotations. 6 In its broadest sense, it can be defined as governance that meets or satisfies people’s desires or requirements for development and a happy life.
Governance that establishes procedures for ensuring and defending citizens’ rights at all times within the scope of the constitution. Governance that encourages self-actualization and condemns poverty. Governance that recognises residents’ intrinsic rights to education, good health, reliable power, a good water system, and so forth.
Rule of Law:
State authority is exercised utilising and governed by established written standards that represent generally endorsed societal principles, avoid particularism, and enjoy broad-based public support.
Transparency:
Official business performed in such a way that substantive and procedural material is accessible to, and broadly intelligible by, persons and organisations in society, subject to acceptable constraints preserving security and privacy.
Accountability:
Procedures requiring authorities and others who seek to influence them to follow defined norms outlining acceptable processes and outcomes, and to demonstrate that they have done so.
1.8 Organisation of the Study
This research study is organised into five chapters for simple understanding, as follows:
The first chapter is concerned with the introduction, which includes the (overview of the investigation), statement of problem, study objectives, research question, study importance, and term definition.
The second chapter focuses on the theoretical framework that underpins the study, as well as a review of relevant literature. Chapter three discusses the research design and technique used in the study.
Chapter four focuses on data gathering, analysis, and presenting of findings. Chapter five presents the study’s summary, conclusion, and recommendations.
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