Post- Legislative Scrutiny in Nigeria: A Review of the Implementation of the Violence Against Persons (Prohibition) Act, 2015
Thesis
As a growing concern, the notion that the primary problem confronting Nigeria is not the sufficiency of laws, but rather the implementation of the laws passed, demonstrates that the idea of relegating Parliamentary post-legislative scrutiny of law as an oversight function is a stumbling block to the advancement of our democracy and good governance. Consequently, this research work was set out to achieve the following objectives: first, to understand the meaning and import of Post- Legislative Scrutiny; second, it explore the legal frameworks of Post- Legislative scrutiny in Nigeria; it also identified the challenges of the application of post-Legislative scrutiny in Nigeria; and lastly proffered ways to improve Post-Legislative scrutiny in Nigeria. The justification of the study was to proffer ways to strengthen the oversight function of parliament. The doctrinal method of research was adopted to achieve the set-out objectives. Doctrinal research methodology was adopted because this research work was a research into law as a normative science, and research into law as it stands in the books. To this end, statutes such as the 1999 Constitution of the Federal Republic of Nigeria was taken into context, the Violence against Persons (Prohibition) Act, 2015 (VAPPA) was critically examined. Standing Orders of the House of Representatives was also examined, while the opinions of several scholars and writers on the subject were also interrogated. The following findings were made: first, there is no provision for Post Legislative scrutiny under the 1999 Constitution of the Federal Republic, as amended. The nearest attempt is the oversight function of Parliament. Secondly, Post-Legislative scrutiny in Nigeria is still unstructured, and unlabeled and parliament is still grappling with the concept. Thirdly, the Report systems as provided under section 42 of the VAPPA, leave the channel for reporting vague. Lastly, many scholars have reduced PLS to being the business of parliament with regards to Primary Acts of Parliament, with little or no consideration for delegated legislation. The recommendations to the findings in this research work were: first, to amend the constitution of the Federal Republic of Nigeria to stipulate the powers and duty to undertake Post Legislative Scrutiny in the same way that the Oversight function is provided; the result of which is to strengthen oversight power of parliament. Secondly, it recommended the National Assembly take steps to ensure a structured and well-designed PSL system through Law Reform. Thirdly, it further recommended Post-legislative scrutiny to be conducted between 3-5 years after the enactment of the legislation under scrutiny; and last recommended further again that priority should also be given to subsidiary legislations in the consideration for PLS. In conclusion, therefore, the broad objective of this research was intended to achieve a structured and well-labelled system of Post-Legislative scrutiny in Nigeria. The findings and recommendations proffered herein is believed by the researcher to be a step in the right direction towards achieving the stated objective.