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Since Nigeria’s return to democracy in 1999, the cost of running the National Assembly has been on an upward trajectory even as the percentage of Nigerians living in poverty continues to grow. It is no surprise therefore that Nigerians are becoming more vocal in their demands for a more effective management of the Legislature. This Policy Note, in line with the mandate1 of the 2011 ConstitutionReview Committee (CRC), advocates the adoption of a downsized, part‐time, bi‐cameral legislature as one of the efforts to effectively manage the National Assembly.
ISSUE STATEMENT | With the desire to reduce the size of
the government, should Nigeria have a full‐time or parttime
unicameral or bicameral legislature?
CURRENT SITUATION ASSESSMENT
Unsustainable increase in the cost of the Legislature:
The cost of running the National Assembly grew by over 205{1c02100822988c48c7b0a484ab61ac3d7f398d67c2f66594d88b2db33072d9d9} from the 4th Assembly to the 6th Assembly. This growth outpaced all national economic indicators (GDP
growth, inflation, growth in per capita income, etc). For 2012, the 7th Assembly has a proposed budget of N150 billion (3.16{1c02100822988c48c7b0a484ab61ac3d7f398d67c2f66594d88b2db33072d9d9} of the total budget) which may appear high
when compared to allocations to other critical drivers of the economy: Power (1.55{1c02100822988c48c7b0a484ab61ac3d7f398d67c2f66594d88b2db33072d9d9}), Agriculture (1.66{1c02100822988c48c7b0a484ab61ac3d7f398d67c2f66594d88b2db33072d9d9}), etc.
Increasing demand for reduction of size of government:
The 2012 anti‐fuel subsidy removal demonstrations highlighted Nigerians demand for a reduction in the size of government. This is informed by revelations that the average annual spend (salary and allowances) on a Senator and a Member of the House of Representatives is about N240 million ($1.6 million) and N204 million ($1.36 million) respectively; where 61.2{1c02100822988c48c7b0a484ab61ac3d7f398d67c2f66594d88b2db33072d9d9} of Nigerians live on less than $1 per day. The percentage of Nigerians living in poverty increased from 54.4{1c02100822988c48c7b0a484ab61ac3d7f398d67c2f66594d88b2db33072d9d9} (68.7 million) in 2004 to 69{1c02100822988c48c7b0a484ab61ac3d7f398d67c2f66594d88b2db33072d9d9} (112.5 million) in 2010. The ratio of the annual salary of the average Nigerian legislator
($161,290) to the national annual minimum wage ($1,475) is 109. The ratio for other comparable countries is Ghana (23), and United States (12), Singapore (8), United Kingdom (6) and France (5).
Demand for improved effectiveness of the National Assembly
Compared to other countries, Nigeria legislators are one of the highest paid, yet, this investment does not translate to results (calculated as the number of bills passed into law). For instance, the 6th National Assembly passed only 91 Bills over its four‐year tenure (2007‐2011)9 while the 112th U.S. Congress (2011‐2012) passed 326 Bills over a two‐year tenure10. It is interesting to note that both countries spend about the same amount ($1.6 million) on their legislators. Compared to their GDP per capita, Nigeria spends 1,309 times on its legislators compared to 34 times for the United States. In fact, the expenditure on Nigeria’s National Assembly accounted for over 25{1c02100822988c48c7b0a484ab61ac3d7f398d67c2f66594d88b2db33072d9d9} of the overhead costs
of the Federal Government.
RECOMMENDATION
From the foregoing discussion, it is apparent that Nigeria spends a more than proportionate amount of its resources on the National Assembly with less than commensurate result. Nextier Advisory hereby recommended that Nigeria should implement a downsized, part‐time, bi‐cameral legislature. Adopting this recommendation is congruent with the presidential mandate to the 2011 Constitution
Review Committee to bring forward agreements that were reached in previous efforts at the constitutional review. This recommendation was agreed at the 2005 National Political Reform Conference (Vol. 1.Ch. 12, 1.12.7d. July, 2005).
IMPLEMENTATION PROVISIONS
Implement a part‐time legislature
Reduce the number of sitting days to 121 days
Justification
The 2005 National Political Reform Conference (Ch. 12, 1.12.7d) agreed to a part‐time legislature. Although most versions of the Constitution stipulated a mandatory 181 days14, according to the 1979 and 1999 Constitutions, legislators would lose their seats if they were absent for up to one-third of the mandatory days, that is 60 days out of the mandatory 181 days. In effect, Members are expected to sit for not less than 121 days (two‐thirds of 181 days). A legislature that sits for 33{1c02100822988c48c7b0a484ab61ac3d7f398d67c2f66594d88b2db33072d9d9} of the calendar days is in essence a part‐time legislature.
Reduce the number of seats in the legislature to 325 (31{1c02100822988c48c7b0a484ab61ac3d7f398d67c2f66594d88b2db33072d9d9} decrease)
House of Representatives: Reduce to 252 Seats (30{1c02100822988c48c7b0a484ab61ac3d7f398d67c2f66594d88b2db33072d9d9} reduction)
Senate: Reduce to 73 seats (2 seats per state plus Abuja)
Justification
Political expediency (not the impetus to improve the quality of legislation) informed the increase in the representation at the National Assembly. A reduction in the number of seats would bring focus and improved effectiveness of the Members in their assigned committees.
Reduce cost of running the Legislature by placing legislators on civil service salary grade levels
Justification
The part‐time legislators should not be made into an elite class. Their work is as important as the responsibilities of senior civil servants who have the responsibility for implementing the laws. Salaries for the part‐time legislators should be benchmarked to those of the highest employees in the Federal Civil Service. Salaries should be pro‐rated for the number of workdays and paid for the days worked. For instance, if the number of sitting days is 121 days, legislators should receive one-third of the salaries of the Permanent Secretary. This reduction in financial incentives will make the legislature attractive to only people who are really interested in service to their communities.
Retain bicameral legislature
Justification
A bicameral legislature is the best model for Nigeria given its diversity: ethnic, religious, social, economic, etc. In addition, given the human capacity challenges in the country, having a dual House system ensures greater scrutiny of the bills to ensure better quality legislation.
Maintain full‐time staff
Justification
Given the high turnover in the Nigerian legislature17, there is need for a cadre of civil servants who are permanent staff and responsible for the affairs of the legislature. These statutory Legislative Staff (not aides) would be responsible for maintaining institutional memory and provide support to the elected officials.
CONCLUSION
Nigeria should retain its bicameral structure because it is the best model given its diversity. However, it should adopt a part‐time legislature because it is a more cost-and result‐effective option.
