by Alexander O. Onukwue
The Executive and the legislature appear to be constantly arguing in the public about something.
Both arms of Government have, in the last 18 years of Nigeria’s democracy, never been in a position where they are led by two different parties, unlike in the United States. Such should mean that both institutions would be more in sync on policies and their positions on key issues, but in Nigeria, it has hardly always been the case.
Scholars and commentators are unanimous in their verdict about President Obasanjo’s opinion when it comes to consulting and deferring to the legislature, especially the Senate. As he is now, Obasanjo was ever suspicious of the Senate’s good intentions and very often sailed counter to their tide. Actually, that is putting it mildly; the former President really did show them at times.
But Obasanjo’s use of invisible macho powers to nudge the Senate to his will was often criticized as being undemocratic and without respect for the principle of the separation of power. Scholars of Personal Rule regularly use the Obasanjo example as an illustration of how the force of personality could be used to override and undermine constituted institutions. He did not win his final argument, given his failed bid for a third term, but Obasanjo did not use argument much in his day.
Yemi Osinbajo, the Vice President who was Acting President for 103 days till Buhari’s recent return, has faced off with the 8th Senate on a number of issues. But unlike Obasanjo, the VP’s recourse in defending his part in the conflicts with the Senate has been the force of argument. Not a former military officer like Obasanjo, Osinbajo has employed the letters of the law in making cases for such issues such as the confirmation of Ibrahim Magu for the EFCC and alteration of the budget.
In his final days before Buhari’s return, the directive he issued to new heads of agencies to resume office was premised on the need for there not to be vacancies in those agencies. Stating that they will be in Acting positions till confirmed by Senate, Osinbajo is using an avenue (even if a loophole) that is available to him by law.
Back in office, President Buhari will now take up the battle with the Senate. Whose style will he employ: his former colleague in the military or his Vice President?
