Legislation And Good Governance In Nigeria

Legislation And Good Governance In Nigeria

Chapter One

Preface

Background of the study

The collaboration of the system, people, and the polity is the responsibility of government who’s the custodian of the sovereignty of the entire populace which inclusively and willingly they’ve submitted to it in return for peaceful and meaningfulco-existence propelled by law and good government. It’s thus material to say that the responsibility of the government is to give effective and effective frame and enabling terrain to enhance the social, physical, fiscal and general well- being of the crowd or sweats of the factors of the state especially mortal beings are effectively and efficiently electrified towards productive conditioning and in the stylish interest of the state and the citizens determines the extent of the “ virtuousness ” or else of its government. It’s again not questionable that a critical instrument for the association of the state is law which government relies on day in, day out to insure societal equilibrium. Legislation which is a product of institutionalized law- making process is by far the most important magazine from which government derives its laws. The anteceding, thus, lends credence to the avowed places and liabilities of legislation as a source of law in any society and by recrimination, on the Legislature which is wholly and naturally responsible for making these laws. The task of this exploration is to examine the extent to which legislation can promote good governance and sustainable development and to dissect, against the quiddities of the law, the constitution and constitutionalism in Nigeria, the extent to which good governance had been promoted through legislation. This task, as daunting and grueling as it may appear, is stylish navigated by citing concrete illustrations from Nigerian justice.

Good governance involves far further than the power of the state or the strength of political will. The rule of law, translucency, and responsibility aren’t simply specialized questions of executive procedure or institutional design. They’re issues of standardizing processes driven not only by married leadership, but also by the participation of, and contention among, groups and interests in societal processes that are most effective when sustained and restrained by licit, effective institutions. noway have these enterprises been linked to further momentous openings. In the Fall of 2002 the 191 Member States of the United Nations committed themselves to eight Millennium Development Goals eradicating extreme poverty and hunger, achieving universal primary education, promoting gender equivalency and empowering women, reducing child mortality, perfecting motherly health, combating HIV/ AIDS, malaria, and other conditions, icing environmental sustainability, and developing a global cooperation for development. 1 As dispiriting as these pretensions are in specialized and resource terms, they’re no less grueling to Member States ’ capacities to rally people and coffers, to make and apply delicate policy choices, and to involve their citizens in enterprise that will shape their futures. In this paper I suggest that good governance, the rule of law, translucency, and responsibility embody hookups between state and society, and among citizens — hookups sustained not by good intentions alone but by lasting, clustering impulses and strong legislative institutions. Governments give the legal and policy fabrics that are necessary for successful and sustainable natural resource and geography operation programmes. Community- grounded approaches can only be effective if the institutional setting in a given position has in place programs, laws, regulations and fire operation agencies that give a contextual frame for participatory approaches, rights and benefits. The successful perpetration of any program, including CBFM, frequently requires changes to the supporting policy, rules and regulations at three distinct situations of administration the public position, the original/ quarter position and the intermediate/ parochial position. At the public position, programs and supporting legislation need to produce an terrain that enables CBFM and makes it seductive to original communities. At the parochial position a model of decentralized natural resource operation needs to be promoted that’s most likely to work under the applicable political circumstances( Treue and Nathan, 2007). In Cambodia, for illustration, government policy, laws and regulations all influence townies regarding their use of fire. According to the Cambodia Forest Sector Review( 2004), government field staff, specifically cantonment( quarter) services of the public Forestry Administration( FA) frequently apply specific laws at the quarter and village situations. As a result, the government and its programs are seen to be explicitly linked to traditional fire use and, in broader terms, to the socio- profitable situation in numerous pastoral townlets. Community involvement in natural resource operation is also a precedence in Mozambique’s being policy on forestry and wildlife coffers. This focus is reflected in the government’s sweats to manage natural coffers in cooperation with pastoral communities and the private sector. This approach represents a policy shift both in Mozambique’s agrarian and natural resource sectors, which results in the eventuality for significant impact in profitable development( Nhantumbo, Dent and Kowero, 2001). The development and the eventual perpetration of applicable policy and supporting legislation bear, at a minimum, good governance. The term “ governance ” is used considerably and by numerous surrounds, but is delicate to capture in a simple description. In a natural resource environment, governance is used to relate to the body of formal and informal programs, and the arrangements developed between applicable stakeholders, to manage and to make opinions about a particular resource. Governance provides the frame by which groups, similar as communities, define their interests, rights, liabilities and the ways in which they will interact with each other and with institutions of authority to manage a particular resource.

Statement Of Problem

Good governance and legislation goes in pari passu. If according to barron de Montesquieu in his principle of separation of power if the council were free from administrative influence and lobby by politicians and other stake holders in the polity. In Nigeria 7th assembly, the problem of legislation has been hampered by the duty of council who occasionally aren’t good to, thereby breeding ineffective legislation and insufficiency among the houses.

Ideal Of The Study

The main ideal of this study is to ascertain the part of legislation in good governance, this is because there’s no government without laws, and this laws are made by good persons called council, and the laws are legislation. still, the study seeks to ascertain

i) The challenges of effective legislation

ii) To ascertain how independent and effective are the legislation made by the council

iii) To estimate the relationship between legislation and good governance

iv) To proffer result to the setbacks if any in the 7th assembly

Exploration Suppositions

In other to achieve the ideal of the study and proffering result to problem of study, the following exploration question were formulated

H0 there are no challenges to effective legislation in Nigeria

H1 there are challenges to effective legislation in Nigeria

H02 there’s no significant relationship between legislation and good governance in Nigeria

H2 there’s a significant relationship between legislation and good governance

Significance Of The Study

It’s conceived that at the completion of this studies, the findings will be salutary to the hand of the National assembly and the houses who are responsible for law timber.

The study will be of benefit to the media who’ll estimate the effectiveness of the legislation in other to insure good governance and estimate the performance of the government of the day, and condemn when necessary for better governance.

It’s also conceived that the study will be salutary to the preceptors, speakers, academia, scholars and experimenters

Compass And Limitation Of The Study

The study covers legislation and good governance with emphasis on the 7th assembly, still the study has some limitations which include

a) Vacuity OF RESEARCH MATERIAL The exploration material available to the experimenter is inadequate, thereby limiting the study

b) TIME The time frame allocated to the study doesn’t enhance wider content as the experimenter have to combine other academic conditioning and examinations with the study.

c) FINANCE finance is a major constrain to the compass of the exploration as available fund doesn’t permit farther expansion of the compass of the study.

Description Of Terms

Legislation

Legislation is defined as the timber of laws, the process of jotting and passing laws. still, a common and also more respectable meaning refers to it as a laws passed by an sanctioned body especially a government assembly. According to the Black law Dictionary, legislation is the act of giving or making laws, the power to make laws, the act of legislating, medication and enactment of laws, laws legislated by law- making body. therefore, legislation either refers to the process of making laws or the laws that radiate from similar process. An important point of it’s that it must have radiated from a government body known to the laws of that society and this body is known as the council

Good Governance

The term “ Good Governance ”, no mistrustfulness, has veritably wide connotations. 6 In its widest connotation, it can be described as governance that meets or satisfies the jones or requirements of the people in terms of development and good life. Governance that institutionalizes procedure for guaranteeing and guarding the rights of the citizens at all times within the frame of the constitution. Governance that promotes tone- fruition and abhors poverty. Governance that recognizes the inalienable rights of the citizens to education, good health, constant and continued electricity, good water system,e.t.c.

Rule of law

The exercise of state power using, and guided by, published written norms that embody extensively- supported social values, avoid particularism, and enjoy broad- grounded public support

Translucency

sanctioned business conducted in such a way that substantial and procedural information is available to, and astronomically accessible by, people and groups in society, subject to reasonable limits guarding security and sequestration

Responsibility

Procedures taking officers and those who seek to impact them to follow established rules defining respectable processes and issues, and to demonstrate that they’ve followed those procedures

Association Of The Study

This exploration work is organized in five chapters, for easy understanding, as follows

Chapter one is concern with the preface, which correspond of the( overview, of the study), statement of problem, objects of the study, exploration question, significance or the study, and description of term. Chapter two punctuate the theoretical frame on which the study it’s grounded, therefore the review of affiliated literature. Chapter three deals on the exploration design and methodology espoused in the study. Chapter four concentrate on the data collection and analysis and donation of finding. Chapter five gives summary, conclusion, and recommendations made of the study.