THE POLYTECHNIC, IBADAN

DEPARTMENT OF SCIENCE LABORATORY TECHNOLOGY

LEVEL: ND II (PART TIME)

COURSE TITLE:

COURSE CODE: GNS 211

PREPARED BY: GROUP 16

GROUP NAMES MATRIC NUMBER

1. OGUNWUSI BOLADE ELIZABETH 105
2. ENIOLA DAMILOLA DEBORAH 106
3. ERNESY CONSTENCE CHINOYEREM 159
4. SANNI OLUBUNMI OLAKUNBI 056
5. GODWIN MOJISOLA FAITH 055
6. AKPAN OFFRONG SOLOMON 061
7. AMUSAT ADIJAT ABISOLA 158
8. OLAYIWOLA ARAFAT BOLANLE 192
9. FALETI OLAMIDE OREOLUWA 102
10. OPEDEJI OLUWATOSIN 187
11. ESHO NUGOZI BLESSING 181

TOPIC: EXPLAIN THE FUNCTIONS OF THE LEGISLATIVE, STATE THE

MERITS AND DEMERITS OF UNICAMERAL AND BICAMERAL
LEGISLATURE.

LECTURER IN CHARGE:

MR. OLANREWAJU DARAMOLA

INTRODUCTION
The legislative branch is one of three divisions of government that works in conjunction
with the executive and judicial branches. Its main responsibility is the creation of laws.
The United States Constitution outlines the powers of the legislative branch, Congress,
which is divided into two houses: the Senate and the House of Representatives. Every
state within the country has a legislative branch, which acts in a similar fashion to the
federal legislative branch. Article I of the Constitution outlines the federal legislative
branch.

THE LEGISLATURE

The legislature is the representative of the people. This is because it is elected by the
people from all areas of the country. The primary functions of the legislature are to make
laws. These bills are usually private or public bills, but most of the bills usually originate
from the executive. The house of representatives is made up of 360 members while the
senate has 109 members as provided for in SS.48 & 49 CFRN 1999 as amended..
Together they are referred to as the national assembly as provided in S.4(1). Their
primary function is to make laws for the peace, order and good government of the
federation in relation to matters in the exclusive list as provided in S.4(2). The national
assembly also has the power to legislate on items in the concurrent list as provided for in
S.4(4)(a) of the constitution. However, in doing this, the security and welfare of the
people shall be the primary focus. S.14(2)(b).

NATIONAL ASSEMBLY

National Assembly, this is the number one law making institution in the country. It serves
as checks and balances to the executive just as the judiciary serves as the checks and
balances for the legislature. It is bicameral, that is it has two chambers. The upper
chamber is called the Senate while the lower chamber is the House of Representatives.

The Senate has 109 members called Senators. Some of the key officers are the senate
president, the deputy senate president, majority leader, minority leader, chief whip, whips
and committee chairpersons.

The House of Representatives is led by the Speaker, the deputy speaker, majority leader,
minority leader, chief whips and committee members. The House of Representatives is
constituted of 360 members (representatives) drawn from various constituencies in the
thirty six states of the federation.
OVERSIGHT FUNCTIONS OF THE LEGISLATURE

In order to carry out its functions effectively, the members of the legislature are usually
divided into standing or ad hoc committees. S.62 CFRN 1999, empowers the legislature

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to create committees as may seem appropriate to it. However, they cannot directly
delegate the power of legislation to these committees. see AG Bendel vs AG federation;
S.62(4) CFRN 1999. The purpose of these committees is to facilitate the carrying out of
oversight functions of the legislature. The purpose of oversight functions is to ensure that
acts of the national assembly are well implemented. This includes the appropriation act.

What then is the meaning of oversight? Oversight has been defined by Olezek as the
continuing reviewing by the legislature of how effectively the executive branch is
carrying out the legislative mandate. Unlike the parliamentary system of government,
there is no question time in the presidential system. This then makes oversight
imperative in a presidential system of government.

It is argued in some quarters that the source of this power of oversight is contained in
S.88 of the constitution. This is the section of the constitution that confers investigative
powers on the legislature. However opposing this view is the opinion that the powers of
oversight are broader than just investigation. Even if they are not stated in the
constitution they will be inherent. This is due to the fact that pursuant to S.80 and S.81, it
is the legislature that is in custody of the revenue of the federation and they are the ones
to approve the budget of the federation. Therefore, since they are the custodian of
revenue, it is inherent on them to ensure that the money is well utilised.

Another example of oversight of the executive by the legislature is the fact that it is the
legislature that usually confirms the appointment of ministers and other officials of the
federation. This is contained under S.147(2) CFRN 1999 where ministers have to be
confirmed by the senate. Also, impeachment of the chief executive as contained in S.143
of the constitution can also be regarded as oversight function.

The mode of carrying out law making functions in general is contained in SS.58 & 59
CFRN 1999 (as amended) while it is S.100 for the houses of assembly. All other function
of the legislature apart from law making can be categorised into oversight functions.
Some of them include: being in charge of the public purse; S.80 to 84 CFRN 1999, the
power of removal of the chief executive which is contained in S.143 for the president and
s.188 for the governor.

OVERSIGHT FUNCTIONS OF THE LEGISLATURE

To prevent the arbitrary use of public fund by the executive as provided in S.80 to
S.84 of the constitution.

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 To foster executive accountability.

It helps to strengthen democracy. This is due to the fact that exercise of oversight
functions keeps the executive on their toes.

It helps to ensure effectiveness by the executive as they know that they are being
overseen by the legislature.

Expose corruption, inefficiency or waste in the execution and administration of

laws propounded by it or the appropriation fund as provided in S.88(2)(b).
WHY OVERSIGHT FUNCTION ISNT EFFECTIVE IN NIGERIA.

S.14(2)(b) CFRN 1999 provides that the security and welfare of the people shall be the
primary purpose of government. However, with the way Nigeria is, it would be doubtful
to conclude that this provision has been followed. One of the reason for this could be said
to be the failure of oversight functions by the legislature. The following are some of the
reasons why oversight function isnt effective in Nigeria:

Ethnic loyalty: Legislators who belong a particular ethnic affiliation are usually
reluctant to indict members of the executive who belong to the same ethnic group
as they are. This is due the fact that the legislators put their ethnic interests before
national interests.

Partisan Loyalty: As is the case with ethnic loyalty, so it is with partisan loyalty.
Legislators of a particular political party are reluctant to also indict executives of
the same partisan affiliation as them.

Lack of solid legislative framework for oversight: Whenever oversight

functions are carried out, most often that not, the legislature would pass a
resolution to that effect. However,it should be noted that resolutions could be
ignored by the executive. Thus it would be best if there were legislation making it
mandatory for the executive to respond to resolutions and to give reasons for not
implementing them.

Docile citizenry: The citizens of Nigeria have the power under S.69 & S.110 of
the constitution to recall representatives who they feel are not performing.
However, this power is hardly made use of. Thus the legislators become lukewarm
to their oversight functions.

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UNICAMERAL SYSTEM:
Unicameral system of parliament is the practice of having one legislative or
parliamentary house. This system typically exists in small and homogeneous unitary
states. Examples of countries that exercise unicameral system include the People's
Republic of China, Singapore, Israel, Uganda, Costa Rica, New Zealand, Iceland,
Sweden, and the Vatican City.
Our Malaysian parliament is made of bicameral legislature which consist of two
parliamentary houses - the House of Representatives (Dewan Rakyat) and the Senate
(Dewan Negara). In May 18, 2013 Bukit Gelugor MP Karpal Singh proposed for the
Senate to be abolished, on grounds that "it does not serve any useful purpose", and that "a
unicameral house with a single legislative chamber as is the position in Singapore would
be best suited in the public interest". [The New Straits Times, Sunday May 19, 2013].
In his feedback to Karpal Singh's proposal, Senator and MIC treasurer-general Jaspal
Singh commented that the Senate should not be abolished since it "allows minorities, like
the Orang Asli, to have a voice in the legislative" and functions as a check and balance to
the Dewan Rakyat.
So is unicameral system better than bicameral system? Here in It's Law! blog, let us take
a look at the advantages and disadvantages of a unicameral system.

MERITS OF UNICAMERAL SYSTEM

Simplifies bill passage by avoiding legislative gridlock. Proposed legislation can

be enacted more rapidly and efficiently, since bills do not have to be reconciled by
two parliamentary houses.

Singleness of purpose. It is easier to achieve cooperation between executive and

legislative branches.

A one-house legislature is less expensive, since the state only has to pay for one
set of legislators, legislative staffs, offices, etc. It is easier and cheaper to maintain
a legislature with only one house and thus fewer representatives.

Since only one body is responsible for legislation, there is greater transparency
and accountability.

Legislators are more accountable to the public and their constituency because their
position is a matter of public record.

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 Unicameral system makes it easier for voters to understand and participate in their
political system because it is simpler.

DEMERITS OF UNICAMERAL SYSTEM

A smaller legislature means a weaker power check on the executive.

Without the check and balance that a second parliamentary house would provide, a
unicameral legislature often has difficulty hindering the passage of flawed
legislation (although bicameral state legislatures are not perfect, it would be easier
to correct their flaws than to change their structure).

In the name of progressive outlook, the unicameral legislature may thoughtlessly

pursue certain measures. Once such a measure is taken, it is the people who suffer.

Unicameral legislature does not provide any opportunity for revision of bills. The
single parliamentary house may pass ill-considered bills.

A unicameral legislature does not effectively accommodate the vast and

diverse constituencies in a large nation. Bicameralism seems to work best in
countries that are larger or socially and ethnically diverse.

If there is only one house, then the house in course of time may become arrogant.
It may push through any law of its choice. It may act arbitrarily and become
autocratic.

BICMERAL SYSTEM

Bicameral systems are legislative branches in which there are two separate legislative
bodies. These two legislative bodies are generally different sizes and have different
powers, even though they represent the same people. As with most political systems,
bicameral legislatures have a variety of advantages and disadvantages.

MERITS OF BICAMERALISM:

1. Check on Hasty Legislation-

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In a state, laws are of utmost importance because they regulate the life and property of
the people. Hence, they are to be made without any bias and with proper care and
consideration. The second chamber revises the hasty, ill considered legislation, as it is
free from haste, passion and excitement.

2. Check against Tyranny of a Single Chamber-

The existence of a second chamber provides safeguard against the tyranny and despotism
of a single chamber legislature. Mill believed that a second chamber would act as a check
against "the corrupting influence of undivided power." By checking the despotism of a
single chamber, it would safeguard the liberty of individuals.

3. Representation of Different Interests-

It secures representation of various interests and classes. The first chamber is usually
based on direct election. The second chamber in some states provides for representation
of minorities and of the aristocratic and intellectual elements. For instance, the Rajya
Sabha in India has 12 nominated members with special achievement in the fields of art,
science, literature and social service.

4. Relief of the Burden-

The second chamber reduces the workload of a single chamber considerably.

Noncontroversial bills may at first be introduced in the upper house to minimize the
burden of the first chamber.

5. Scope for the Competent and Talented Persons-

It provides opportunity to men of worth and talent to get seats in the upper house. Such
men usually fight shy of direct election.

6. Indispensable for Federal Government-

In a federal state there are different units. The federating units or regional governments
have their separate identities. They are to be represented in the national legislature. In
bicameralism one house can represent the people. The other house can represent the
federating units.

7. Makes the People Conscious-

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It crystallizes public opinion. By interposing delay in the passing of a legislative measure,
it allows the people enough time for reflection and expression of their opinion.

8. Better Legislation-

The second chamber usually contains men of higher age, wisdom and experience. The
quality of the debates and discussion in the upper house is better than in the lower house.
The members are comparatively free from popular passion and rigid party discipline.

9. Promotes Independence of the Executive-

The bicameral system promotes the independence of the executive. The competition
between the two houses prevents any of them from exercising undue influence over the
executive.

10. Reconciliation between Radical and Liberal Views-

In bicameralism one house is designed to accommodate young radical people and the
other house can accommodate experienced and liberal members. Laws should not be too
radical to bring about drastic changes nor should it be too liberal to be effective. In
bicameral legislature a balance can be maintained between the two extremes in law-
making.

DEMERITS OF BICAMERALISM

1. An Unnecessary System-

Abbe Sieyes repudiates bicameralism by saying, "Of what use will a second chamber be?
If it agrees with the Representative House, it will be superfluous, if it disagrees,
mischievous." The second chamber is an unnecessary and expensive addition to the
legislative machinery.

2. Wastage of Time and Energy-

Law-making process is a long one of analysis and discussion. After it is completed in one
house, according to Laski,, there is no need for repetition of the same thing again in
another house. The work in the second chamber is, therefore, only wastage of time and
energy.

3. Very Expensive-

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Considerable amount of money is spent to maintain a legislature, if the legislature is
bicameral more expenditure for the legislature becomes necessary and money comes
from the common people in the shape of taxes. So second chamber is a burden on the
purse of the governed.

4. Sacrifices Unity-

A two-chambered legislature sacrifices the great principle of unity. Law is the expression
of the popular will. "There is no valid reason why popular will should seek two channels
of expression, why democracy should speak in two voices?"

5. Blocks Progressive Legislation-

The second chamber may block progressive and welfare legislation. It mostly consists of
conservative and aristocratic sections of society. Rivalry between the two houses
adversely affects public interest.

6. Does not always safeguard the Interests of the Units of a Federation-

A federation, no doubt, envisages bicameralism for the representation of the units. The
representation of the units is necessary for the safeguard of the interests of the units. But
in actual practice the interests of the units are not always safeguarded by a second
chamber, because the members act according to the party whip.

The actual safeguard of the interests of the units is provided by the constitution and the
judicial review. Again, the era of 'Cooperative federalism' highlights the unity and
cooperation among various governments.

7. No Satisfactory Method for the Composition of Second Chamber-

Further, no satisfactory method has yet been devised for constituting a second chamber. A
hereditary chamber like the British House of Lords is undemocratic. A nominated or
indirectly elected second chamber cannot effectively check the first chamber.

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A directly elected second chamber like the American Senate virtually overshadows the
lower house. Sometimes a combination of different principles is followed and the result is
that the house fails to enjoy the pure representative character in most of the cases.

8. Not Number of Chambers but Dedication to Work-

To make good laws for the state, high standard of morality and the sense of dedication for
the cause of the people above self interest and party interest are necessary. Dedicated
representatives in a single chamber can make better laws than indifferent, selfish and
partisan members sitting in two chambers.

REFERENCES

Nigeria 1999 Constitution.

http://www.ehow.com/info_8510513_advantages-disadvantages-bicameral-systems.html

http://www.preservearticles.com/2011100314504/what-are-the-merits-a-demerits-of-
bicameralism.html

http://legal.blurtit.com/524085/advantages-and-disadvantages-of-bicameral-legislature

http://itslaw.blogspot.com.ng/2013/05/unicameral-system-advantages-vs.html

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