ALTERATION OF THE 1999 CONSTITUTION FOR THE “AUTONOMY OF THE LEGISLATUREâ€: FULFILMENT OR NEGATION OF THE DOCTRINE OF SEPARATION OF POWERS?

Abstract

This work critically examined the amendments to sections 81 and 121 of the 1999 Constitution which have been interpreted as giving the National Assembly and State Houses of Assembly “financial autonomyâ€. The amendments, as interpreted and implemented by the National Assembly, undermines the checks and balances provided for in the original constitution and thereby violates the basic structure of the constitution. Furthermore, they will weaken the national integrity system thereby increasing the chances of corruption and lead to governmental inefficiency. They will result in the legislature exercising oversight over itself contrary to the letters and spirit of the original constitution. The amendments will serve only the personal interests of the legislators and not the interest of the Nigerian people. However, a community reading of sections 81 and 121 as amended and sections 4, 5, and 6 of the 1999 Constitution will show that the amendments do not give the legislators power to execute capital projects, since they partake of executive power. It is recommended that the amendments relating to the so-called “financial autonomy†of the legislature should be deleted through another constitutional amendment.