Strengthening legislative controls over delegated legislation in Nigeria

Abstract

The aim of this paper was to identify ways by which the role of the legislative arm of government in Nigeria can be further strengthened by entrenching the concept of accountability in delegated legislations in Nigeria. In doing so, this paper examined the concept of delegated legislation for the purpose of clarifying its import and dependence for validity on the legislature. It further examined the control mechanism for delegated legislation and harps on the power of the legislature to check delegated legislation as it is done in the United Kingdom and India, especially through legislative committees on subordinate or delegated legislation. This paper later found that the legislative control over delegated legislation in Nigeria is porous, inadequate and restrictive, thereby making the executive arm of government too powerful. The doctrinal method of research was adopted in carrying out this research and the paper ended by arguing for an urgent amendment of sections 88, 89, 128 and 129 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (CFRN).

Keywords: Legislative Control, Delegated Legislation, Nigeria, Strengthening