Identifier
Created
Classification
Origin
05LAGOS801
2005-05-27 15:05:00
UNCLASSIFIED
Consulate Lagos
Cable title:  

NIGERIA'S LEGISLATURES VICTIM TO ONE PARTY STATES

Tags:  KDEM NI PGOV PHUM PREL 
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This record is a partial extract of the original cable. The full text of the original cable is not available.

271505Z May 05
UNCLAS SECTION 01 OF 04 LAGOS 000801 

SIPDIS

E.O. 12958: N/A
TAGS: KDEM NI PGOV PHUM PREL
SUBJECT: NIGERIA'S LEGISLATURES VICTIM TO ONE PARTY STATES
AND PATRONAGE CULTURE

REF: LAGOS 435

UNCLAS SECTION 01 OF 04 LAGOS 000801

SIPDIS

E.O. 12958: N/A
TAGS: KDEM NI PGOV PHUM PREL
SUBJECT: NIGERIA'S LEGISLATURES VICTIM TO ONE PARTY STATES
AND PATRONAGE CULTURE

REF: LAGOS 435


1. Summary. While a little progress has been made since
1999, independence of the legislative bodies remains a
challenge. A survey of five state Houses of Assembly in
Southern Nigeria revealed legislatures dominated by their
respective governors and further hamstrung by strong party
discipline. The 2003 elections brought all but one of the
17 state assemblies in the South under control of the
Peoples Democratic Party. The Lagos House of Assembly
remains in the hands of the Alliance for Democracy party.
Lack of a meaningful opposition is also accompanied by lack
of adequate distaff representation. Certain elected
officials and small numbers of staff have benefited from
training, yet legislative drafting and fiscal management
remain areas of limited expertise. For federalism to work
effectively in Nigeria, State assemblies have a large role
to play in the development of a democratic, representative
political culture and in the allocation of state
resources. Right now, no southern legislature is
fulfilling that role adequately. End Summary.

-------------- --------------
-
One Party Legislatures Inhibit Debate and Executive
Oversight
-------------- --------------
-


2. This message provides analyses of State legislatures in
the three geo-political zones of Southern Nigeria. We
looked at Lagos and Ogun states in the Southwest, Enugu
state in the Southeast, and Rivers and Edo states in the
South-South zone. Southern Nigeria is almost completely
dominated by the People's Democratic Party (PDP). Sixteen
of the 17 Houses of Assembly in the South are controlled by
the PDP. In total, there are 408 PDP members and 16
members from five other parties. The governors of these 16
states are PDP as well. Lagos State is the sole opposition
state in the south. Of the 40 members in the Lagos State
House of Assembly, 39 are with the Alliance for Democracy
Party, as is Lagos State Governor Bola Tinubu. Six state
legislatures have no opposition party representation. The
pressure to tow the party line and lack of rival
perspectives makes substantive debate over legislative
issues almost nonexistent. For example, the Speaker of the
Rivers State House of Assembly, Chibuike Rotimi Amaechi

told us the atmosphere this legislative term, where all 32
members are from PDP, is less dynamic than his first term,
when the house had 10 opposition members.


3. Representatives feel tremendous pressure to be on the
winning team. A Rivers State House of Assembly member told
us despite being elected on an All Nigeria People's Party
(ANPP) ticket, he decamped to the PDP because of what
Rivers Governor Odili was "doing for the people." One of
his more candid colleagues informed us the defection was
for political survival -- the member had to switch if he
wanted to keep his committee job. It is important to even
choose the right faction within the PDP. In Edo state,
where all 24 members of the Assembly are PDP, rivalries
have fractured the party to such an extent they meet in
different party secretariats. Yet on the House floor, the
internal feud is swept under the rug to preserve a facade
of cohesion. A second term member from Edo told us he
feels constrained by the lack of opposition, explaining in
his first term, he could share ideas not conforming wholly
to the PDP agenda and have a colleague from the opposition
raise the issues in debate -- thus protecting the
representative from PDP reprisals while ensuring input for
important amendments. The Edo state official believed the
process, and the final legislative products suffer from
silencing dissent through one-party pressure.

-------------- --------------
--------------
Legislatures Have Overly - Symbiotic Relationship with
State Governors
-------------- --------------
--------------


4. In most states, the governor is required to authorize
projects. Thus, state representatives are beholden to the
governor to make things happen. All members publicly
described their relationships with their governor in
positive terms ordial, symbiotic, harmonious nything
less would be political suicide. Similarly, states are
beholden to the federal executive for smooth operations.
Without federal blessing, the state as a whole may be
stymied. Lagos State is a prime example of the price of
minority status. The federal government is still refusing
to pay the state over $135 million dollars in local
government allocations, despite a supreme court ruling that
it release the funds. Observers attribute the president's
refusal to turn over the money partly to his animus for
Lagos Governor Tinubu, and partly to his desire to thwart
the opposition AD party's plans to spread its influence
across 57 instead of 20 local governments (reftel). In a
rare show of independence from the ruling PDP, all 36 State
Houses of Assembly in the country have backed Lagos'
position.


5. Constitutionally, there are no limits for House members,
but the conventional wisdom appears to be a maximum of two
terms. Members told us party leaders and influential
persons pressure incumbents to leave office to let the next
person "have a turn." The results from the 2003 elections
showed a turnover of more than 65%, signifying an average
one term for most state legislatures -- a rate similar to
that of the National Assembly. Elective offices are
highly sought as a perch from which to achieve personal
financial gain and to dispense favors to others. Within
each Local Government Area, communities campaign for their
man (or in rare cases, woman) in order to reap returns on
their investments through access, contracts, and direct
cash payments. Of course, all members interviewed stated
they became involved in politics to serve their
communities. However, they acknowledged they appreciate
the job stability and benefits. This stability only lasts
as long as the member is in favor with the ruling regime.
With one misstep, a representative may be removed from key
committees, sidelined within the party, or even find his or
her election overturned. With four or a maximum of eight
years as the longest time horizon, some representatives
concentrate their efforts on personal profit.

-------------- --------------
Culture of Corruption and Patronage Limit Legislatures
-------------- --------------


6. In tacit acknowledgment of pressures leading to
corruption or improper use of funds, officials described
difficulties "delivering" for those who helped get them
elected. Constituents, they say, do not appreciate how
long it takes to implement a project, particularly major
infrastructure improvements in power supply, water, and
roads. One representative told us, "The people believe we
are in the state capital eating the government cake. The
constituents only want cash. When we go home, they all
have their hands out to be paid." Thus, the pressured
officials do what they feel necessary or customary, even
when it may result in fund misappropriation. This pressure
may also explain why legislators limit outreach activities
and in many cases, totally avoid their constituents. Most
legislators require skills to help them conduct
constituency outreach activities in this type of pressured
environment.


7. Many House members claimed they use their own salaries
and savings to help satisfy constituent demands. (Note:
The federal government establishes pay standards for
representatives with a sliding salary scale between
N180,000 to N200,000 per month - approximately USD 1500).
Yet, the real money comes from the allocation of funds for
constituent offices, projects, and the other benefits
accruing from elected office. "If the governor passes over
your community that year in the budget, then you are in
trouble," a member allowed. Members said they host
"enlightenment" programs to explain the role of three arms
of government and in particular, the legislative function,
yet constituents remain dissatisfied. Poverty is the
driving force and people tell members, "We do not need a
bill, we need bread to eat."


8. To address this disconnect, some states have introduced
budget allocations for "constituency projects." In Ogun,
the 2005 budget included funds giving each member a
discretionary budget of N5 million (approximately USD
38,500). In oil-rich Rivers State where there is more
slush to go around, a constituency fund of N30 million
(approximately USD 231,000) per member was created. The
officials in Rivers had various plans for their money
including power, water, school, and community learning
center projects. These financial resources are deemed a
necessity to keep supporters happy and maintain their
eligibility for a second (or third) term in the House, a
move to the National Assembly or a shot at the Governorship
he next logical steps in their political trajectories.
With these initiatives in their infancy, it remains to be
seen how effective the local government representatives
will be in completing their projects specially those
that might take longer to bring to fruition.


9. Each state organizes its legislative calendar
differently, but most hold sessions two or three times
weekly, leaving the other days free for committee work and
constituent relations. Members report every weekend spent
at home in their Local Government Areas. However, civil
society representatives say they never see their elected
officials. "When the members say they go to their
constituencies every week, the are lying," one civil
society representative berated. The House members
acknowledge severe levels of distrust and a cynicism in
their communities. These sentiments mark the chasm between
constituent expectations and what the elected officials
offer.

-------------- --------------
--------------
Legislatures Weak in Initiating Bills, Public
Accountability Is the Casualty
-------------- --------------
--------------


10. In most state Houses we canvassed, members acknowledged
that legislative bills are primarily spearheaded by their
respective governor's offices or that they are replicas of
pending federal legislation. For example, in Ogun state,
the Speaker estimated 90% of bills originated from the
executive arm. Members claim inexperience in legislative
drafting and lack of access to adequate resources as the
main reasons for the paucity of self-generated
legislation. Without legal libraries to research sample
legislation, many members say they rely on Federal laws to
adapt at the state level. Very few representatives use the
Internet and most have not utilized technology to their
advantage in information collection and analysis from other
sources.


11. There have been few bills emanating from civil
society. Those currently on the calendar in several states
come from NGOs focused on women's rights. These
organizations have been successful in getting bills passed
in several states ensuring widow's rights and banning
female genital mutilation, for example. Issue-based
lobbying by interest groups is still in its infancy. Civil
society representatives tell us they are locked out of the
legislative process and have not been able to effectively
influence legislative proceedings.


12. This over-reliance on the state executive branches and
National Assembly (which in turn is dominated by
executive-inspired legislation) means less interface
between state legislatures and the public on legislative
priorities. In this process, public accountability and
responsiveness may be early casualties.


13. The prognosis is not all bad. In Rivers State, the
Speaker claimed only 10-20% of their bills originate in the
governor's office. In Lagos state, there has also been a
marked increase in the number of private member bills over
the last few years. Lagos, more than any other state,
benefits from a higher level of staff capacity, where the
state has drawn educated and well-qualified individuals
into government. The achievements by Rivers and Lagos
states also are partially attributable to participation in
the USAID-funded State Legislative Strengthening Project.

-------------- --------------
Training Promotes Innovations in Constituent Outreach
-------------- --------------


14. In states where members have the opportunity for
training abroad, they have returned home with initiatives
to promote civic involvement. One such innovation is in
Ogun State. The pioneering program, "Mr. Governor, Explain
This", is a quarterly event where the governor is invited
to field questions posed by representatives on the House
floor. Civil society representatives attend this session
which is broadcast on state television and radio to ensure
a wide audience.

--------------
Where are the Women?
--------------


15. Of the 465 members in the 17 southern states, 20 are
women - or a representation of less than five percent. The
four women in Enugu State House of Assembly represent the
largest female representation. Six states have no women
and five states have just one woman. In Rivers State, the
lone woman was elected from a Local Government Area where
only women were allowed to compete in the election. This
"affirmative action" was devised in 2003 after the 1999
elections yielded no women in the state house. The Ogun
State governor claims his state is "most friendly to women"
and although there is only one female in the Ogun State
House of Assembly, she is the Speaker of the House.

--------------
Comment
--------------


16. The Southern State Houses are one-party dominated,
work under the shadow of their governor and do not have
enough women members. The Houses also lacks the staff,
resources, and technical expertise to fulfill their
legislative functions and to truly represent the
substantive priorities of their constituents. They have
enjoyed very modest success educating their members and
constituents about the important role of the legislature in
Nigeria's democratic evolution. If they operated better,
the legislative could be an effective watchdog, curtailing
executive abuse and malfeasance. Too often, the
assemblymen are willing accomplices of the state
executive. For democracy to mature, lawmaking institutions
must exercise their oversight functions. Civic education
and involvement become critical in this process.


17. This cable has been cleared by USAID.
BROWNE