CONTROL OF ADMINISTRATIVE LEGISLATIONS: WHAT NIGERIA IS NOT DOING

Abstract

In any country practicing constitutional democracy, there is a division of governmental powers and functions between the various arms or tiers of Government. The legislature as one of the arms of Government in Nigeria is assigned the role of law making, but sometimes lacks the time, expertise or skill to carry out this function. In such circumstances, it may authorise the president, ministers, departments and bodies other than the legislature to make rules or regulations in the form of delegated, administrative or subsidiary legislations. Administrative or subsidiary legislation is entrenched in Nigeria save that there is either poor or no control of same. However, many enabling Acts authorising administrative legislations give wide discretionary powers to those who are delegated to carry out such powers. The control measures adopted by the legislature in Nigeria to monitor and control administrative legislations are few and ineffective unlike in advanced democracies like U.S.A and Britain, where serious control measures are adopted which include mandatory requirement for publication, consultation and laying of the subsidiary legislation or its draft before legislature amongst others. The control - gap in Nigeria has resulted in emergence of powerful subordinate lawmakers, abuse of discretion by subordinate lawmakers, loss of revenue by government, exposure of citizens to obnoxious laws and sub-delegation of function by delegates of power and affected the legislative powers of the National Assembly in Nigeria amongst others. These shortcomings need to be tamed by adopting mandatory requirement for publication, consultation and laying of the subsidiary legislation or its draft before legislature, amending the relevant laws along that line and giving life span to administrative legislation amongst others.