By Dr. Tonye Clinton Jaja
Anyone who attended nursery and primary school during the 1980s must be familiar with the old nursery school rhyme: “Old Roger is Dead and Gone To His Grave”.
It appears that it is not only Old Roger that is dead and gone to the grave”.
It appears that the essential knowledge of what constitutes “Oversight” as a function of law-makers and legislators is also dead and gone to the grave. This is evident amongst majority of the law-makers of the National Assembly, especially worrisome is this amongst the 36 members of the National Assembly Committees on the Oversight of the State of Emergency in Rivers State.
Knowledge of the Oversight function of law-makers is a component of “LEGISPRUDENCE” which is a composite of the body of knowledge regarding the legal aspects of rational law-making.
Anyone with even a basic rudimentary knowledge of the law that governs the rational legislative process (LEGISPRUDENCE ) would know that no legislature can perform any task that is not specifically authorised by a written law. This is an extension of one of the cardinal pillars of the principle of Rule of Law as espoused by A. V. Dicey.
Nowhere inside the Proclamation of State of Emergency (SoE) legislation that was enacted on 20th March 2025 is it authorised that the National Assembly would enact laws for Rivers State.
Talk less of a very important piece of legislation such as the Appropriation Bill/Budget legislation.
As Femi Falana SAN had rightly argued by virtue of Section 81 of the Constitution of the Federal Republic of Nigeria, 1999 only the Rivers State House of Assembly is empowered to enact the said Appropriation Law.
In the event that such a fundamental function needs to be performed by the National Assembly, both logic, commonsense and the tenets of the Nigerian Constitution demands that there ought to be a prior amendment to the SoE legislation to confer such powers upon the National Assembly.
This amendment would not even take up to ten minutes of the time of both chambers of the National Assembly.
The amendment Bill could be sponsored by all the 36 members of the National Assembly Committees on Oversight of the State of Emergency in Rivers State.
Overall, the importance of oversight aspect of law-making is well described in an article by Ecoma, B., Ecoma, L., & Ecoma, E. (2025). The Oversight Function of the Nigerian National Assembly: A Legal and Research Analysis. Nagari Law Review, 8(2), 315-337 wherein they stated as follows:
“Oversight is arguably the only function that enables the legislature to keep an eye on the activities of government and its agencies and the implementation and impact of laws. As one of the cornerstones of democracy, oversight represents a process by which the legislature monitors the quality of work of the government regarding the implementation of laws, development plans, and budgets that the legislature has previously adopted; “it is a means for holding the executive branch accountable for its actions and ensuring that it implements policies in accordance with the laws and budget passed by the legislature.”
Effective legislative oversight is, therefore, key to the integrity of democratic systems and transparency of government. As such, the robust executive monitoring by the legislature is regarded as an indicator of good governance. It is the only process through which the legislature can ensure a balance of power and assert its role as the defender of the people’s interests. In Nigeria, while the National Assembly possesses the requisite
tools and constitutional powers to undertake effective oversight,…”
Despite the promise of the 36 members of the two Oversight of the SoE in Rivers State Committees of the National Assembly, we are not seeing any oversight.
Below are details of the said two Committees as follows:
“The Senate Committee tasked with oversight of the emergency rule in Rivers State has pledged to ensure fairness and adherence to democratic principles as it begins the process of considering the state’s 2025 budget.
The 18-member committee chaired by the Senate Leader, Opeyemi Bamidele (APC Ekiti Central), resolved that despite the ongoing emergency rule in Rivers State, democratic governance would not be suspended.
“Members of the committee include Senators Adamu Aliero, Osita Izunaso, Osita Ngwu (South East), Kaka Shehu, Aminu Abass, Tokunbo Abiru, Adeniyi Adebire, Sani Musa, Simon Lalong, Asuquo Ekpeyong, Adams Oshiomhole, Ireti Kingibe, Onyekachi, Idiat Adebule, Ide Dafinone, and Mohammed, alongside the Clerk of the Senate.” See https://leadership.ng/senate-sets-up-committee-to-oversee-rivers-administrator/
The House of Representatives Committee on Oversight of the SoE in Rivers State is as follows:
- chaired by House Leader, Prof. Julius Ihonvbere, is scheduled to be inaugurated on Tuesday, April 15, by the Speaker of the House, Rt. Hon. Abbas Tajudeen.
- Members of the committee include the Minority Whip, Hon. Ali Isa J.C., who will serve as Deputy Chairman;
- Deputy Chief Whip, Hon. Isiaka Ayokunle Ibrahim;
- former Deputy Speaker, Hon. Idris Ahmed Wase;
- Leader of the North-East Caucus, Hon. Aliyu Muktar Betera;
- and Leader of the North-West Caucus, Hon. Sada Soli, among others;
- The oversight Committee also include leader of the South West caucus, Hon.James Abiodun Faleke;
- Leader of the South East caucus, Hon. Igariwey Iduma Enwo;
- Hon. Shehu Saleh Rijau;
- Hon. Wole Oke;
- Hon. Akarachi Etinosa Amadi;
- Hon. Patrick Umoh;
- Hon. James Barka;
- Hon. Alex Egbona;
- Hon. Isa Anka;
- Hon. Amos Daniel;
- Hon. Erhiatake Ibori-Suenu;
- Hon. Onuh Onyeche Blessing;
- Hon. Fatima Talba; and
- The Chief of Staff to the Speaker, Prof. Jake Dan-Azumi is expected to head the Secretariat of the committee.
https://thenationonlineng.net/reps-name-19-member-committee-to-oversee-emergency-rule-in-rivers-state/amp/
12:12 network monitoring reports that:
“Senior Advocates Slam Tinubu’s Rivers State Budget Presentation as Unconstitutional
Several Senior Advocates of Nigeria (SANs) have criticized President Bola Tinubu’s decision to present the 2025 Appropriation Bill of Rivers State to the National Assembly, describing it as unconstitutional and a breach of Nigeria’s federal structure.
Here’s a breakdown of their arguments:
- Femi Falana (SAN): Argues that the President’s action is unconstitutional, violating Section 81 of the Constitution which empowers the President to present only the federal budget.
- Mike Ozekhome (SAN): Questions the grounds for the emergency declaration in Rivers State, stating that the crisis didn’t meet the constitutional threshold of war, external aggression, or civil unrest.
- Professor Sam Erugo (SAN): Describes the President’s action as a “clear breach of Nigeria’s federal structure,” stating that there’s no provision in the 1999 Constitution that empowers the President to present a state budget to the National Assembly.”
The views expressed by contributors are strictly personal and not of Law & Society Magazine.
