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2007 Assessment

Nigeria: Integrity Indicators Scorecard

Nigeria: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	92
30	Are there regulations governing conflicts of interest by members of the national legislature?	46
31	Can citizens access the asset disclosure records of members of the national legislature?	0
32	Can citizens access legislative processes and documents?	33

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments:

References: Sections 6 and 233, (2)b, 1999 Federal Constitution

Peer Review Comments: The question of the court's jurisdiction over laws passed by the legislature has yet to be answered.

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: The judiciary is bold in reviewing the legislature's decisions, if asked to. Much of these kinds of situations have not arisen in the period under review.

References: 1. Clement Nwankwo, acting country representative, National Democratic Institute (NDI) NDI's Abuja office, Aug. 14, 2007; 2. Auwal Musa, executive director, Civil Society Legislative Advocacy Centre (CISLAC) , Cislac's Abuja Office, Aug. 14, 2007

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: This clause does not exempt judicial officers from criminal proceedings.

References: 1. Section 308, 1999 Federal Constitution

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

References: Section 52, 1999 Federal Constitution

Peer Review Comments: True, members of the national legislature are required to disclose their assets, but the contents of their disclosures are usually not made public.

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: The Constitution and the Code of Conduct Bureau (CCB) do not have this restriction.

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments:

References: 1. Section 6, Fifth Schedule, 1999 Federal Constitution 2. Section 10, Code of Conduct Bureau and Tribunal Act, 1991

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: The law mandates every public officer immediately after taking office and thereafter every four years and at the end of their term of office to submit to the Code of Conduct Bureau (CCB) a written declaration of all their properties, assets and liabilities. It also mandates the CCB to examine these declarations and follow up with investigations where necessary.

References: 1. Fifth Schedule, Section 11, Federal Constitution 2. Code of Conduct Bureau and Tribunal Act, 1991

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: There are no such regulations.

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: They are rarely enforced by the Code of Conduct Bureau (CCB) and the NASS Ethic Committees.

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: This is never done.

References: 1. Lilian Ekeanyanwu, national coordinator, Zero Corruption Coalition (ZCC), ZCC's Abuja Office, Aug. 10, 2007; 2. .Prof. Sam Egwu, head of the Department of Political Sciences, Kogi State University, Gubabi Hotel, Abuja, Aug. 30, 2007; 3. Dr. Uyim Akpabio, director, Code of Conduct Bureau (CCB), CCB's Abuja office, Aug. 14, 2007

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: This provision states that for the Code of Conduct Bureau (CCB) to make publicly available the assets declared by public officers, the National Assembly must provide terms and conditions. This has never been done.

References: Paragraph 3 (c) of Part 1 of the Third Schedule to the Constitution

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: This is never done.

References: 1. Dr. Uyim Akpabio, director, Code of Conduct Bureau (CCB), CCB's Abuja office, Aug. 14, 2007; 2. Clement Nwankwo, acting country representative, National Democratic Institute (NDI) NDI's Abuja office, Aug. 14, 2007

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: This is never done.

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments:

References: There is no legal document stating this.

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: There is no formal way of obtaining these documents. Citizens aapproach individual staff and get the documents, and some are made available on-line.

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: Records can be obtained at little cost, but some times visiting the NASS is required to get the records.

Peer Review Comments: There are sometimes bureacratic delays in obtaining official documents.

Peer Review Comments: In practice, the cost includes bribing the staff in charge.