ON THE SELF INFLICTED IMPOTENCE OF STATE HOUSES OF ASSEMBLY.

One of the biggest, yet strangest puzzles in Nigeria's nascent democracy is how the numerous State Houses of Assembly have contrived to remain almost beggarly subservient to the State Governors.

This is rather shocking because as the Legislative Arm of the States, the House of Assembly in the exercise of their constitutionally guaranteed powers are potentially powerful and capable of holding the Governors accountable but somehow, we've come to see the Houses of Assembly as less than toothless bulldogs.

The Independence and powers of the State Houses of Assembly are so explicitly affirmed in the 1999 Constitution of the Federal Republic of Nigeria as amended.
Hence, Section 90 of the 1999 Constitution of the Federal Republic of Nigeria clearly states that: "There shall be a House of Assembly for each of the States of the Federation".
Similarly,  Section, 92(1) of the Constitution equally provides that "There shall be a Speaker and a Deputy Speaker of a House of Assembly who shall be elected by the members of the House from among themselves".
A very important point to note in Section 92(1) is the fact that prima facie, the Constitution enthrone the Independence of the Houses of Assembly from any external influence by saying that the Speaker and his Deputy can only be elected by the other members of the Assembly from among themselves. This provision excludes external interference in the emergence of the Leadership of the different Houses of Assembly and one would ordinarily infer that this provision is enough to embolden the members of the State Legislature but apparently, they have shown that it would take a lot more to make them capitalize the freedom and leeway granted them by the Constitution.

Also, Section 100(5) of the Constitution goes a step further to stamp the overriding independence of the House of Assembly of a State thus: where the Governor withholds assent and the bill is again passed by the House of Assembly by two-thirds majority, the bill shall become Law and the assent of the Governor shall not be required.

If the above Section 100(5) is anything to go by( and it is actually), then we are seised with the awareness that the House of Assembly of a State indeed is constitutionally allowed to bypass the Governor in the event that he refuses to give assent to a bill passed by them.

At the height of the House of Assembly's powers is the power conferred on them by Section 188(1) to (11) of the Constitution to remove the Governor of a State from office in the event that allegations of gross misconduct against him are true.

Clearly, with the extent of powers at the disposal of the State Houses of Assembly, it should be taken for granted that the principle of Checks and Balances in the States would be optimal but as we've become used to in Nigeria, it cannot be taken for granted that the proper or near ideal thing will be done.

If anything sadly, the State Houses of Assembly have become an extension of the Governors' empires and the members seem criminally unaware of the extent of their powers and the resultant influence they could possibly wield towards ensuring that the Governors are precluded from abusing their powers and privileges.

Indeed, it's hard to remember when a State House of Assembly in Nigeria has ever refused to pass a bill or opposed a policy of the State Government because such a bill or policy is at variance with the existing laws or because such a bill or policy is a deviation from the yearnings and aspirations of the People.

Now, if the very cordial and less than rancorous relationship between the Governors and Houses of Assembly is anything to go by, it'd be safe to say that the actions of the Governors are very much in line with existing laws as well as the upliftment of the Citizens but the truth is that in most cases, the Houses of Assembly are there to do the biddings of the Governors, and most frustratingly hesitant to probe into the activities of the Governors.

Taking a look at the activities of State Houses of Assembly in Nigeria since 1999, it's hard to see any moment where the Governor of a State was checked by the House of Assembly for the benefit of the citizens.
Even in States like Plateau and Oyo where the Houses of Assembly ostensibly tried to check the excesses of the Governors by removing them for allegations of gross misconduct, such removals carried heavy political undertones and pointed to the activities of the Houses of Assembly being tailored to achieve the aims of the Presidency.

These rare cases of Legislative affront to Executive Misconduct at the State level were horribly done in the most brazen abuse of the Constitutionally guaranteed processes which ultimately culminated in the landmark cases of Inakoju V Adeleke (2007) 4 NWLR pt 1025 as well as Dapianlong V Dariye 8 NWLR (2007) pt (1036) 332.

And of course a classic and worrisome example of the lack of focus and direction as well as a conspicuous decision to remain oblivious of their constitutional duties and rights by the State Houses of Assembly could be seen in the recent endorsement by the Imo State House of Assembly of the Chief of Staff, Imo Government House for the position of Imo State Governor come 2019.
One would wonder whether these Legislators have delivered the best possible legislations to Imo People as to have the time to accommodate and indeed execute the thought of endorsing a candidate for an election that is billed to take place in over 18 months from now.

It's not just in Imo State: indeed, in most States of Nigeria, especially where a majority of the House of Assembly members are of the same political persuasions as the Governor, it's extremely laborious to find them being anything more dignifying than rubberstamps to the Governors who's only aim is to perpetually remain in the good books of the Governors.
This is disturbing and dangerous for Democracy!

Of course, the sense behind this article is not to call on House of Assembly members to become rebels to the Governors' causes.
The idea is to start a conversation which aims at encouraging State House of Assembly members to be more proactive in exercising their oversight functions as enshrined in the Constitution without having to needlessly grovel and beckon at the feet of their Governors.

Wilson-Okereke Elochukwu Clinton.