THE LAW-MAKING FUNCTION OF THE NIGERIAN LEGISLATURE: THE STRIDES AND THE STRIVES

Abstract

The lawmaking function of the Nigerian legislature comprises the constitutional and moral foundation upon which democratic governance consists. Despite its centrality to nation-building, yet the legislative institution in Nigeria has always dangled between significant democratic strides and persistent structural failures. This paper interrogates the historical evolution, constitutional mandate, normative ideals, and contemporary practices of the Nigerian legislature to understand the gap between legislative promise and performance. Drawing on historical analysis, constitutional interpretation, and philosophical frameworks which includes Aristotle’s concept of moral legislation, Rawlsian public reason, and Sen’s capabilities approach, this work evaluates both the achievements and limitations of the legislature since the return to constitutional rule in 1999. The paper showcases key legislative milestones such as the EFCC Act, ICPC Act, Fiscal Responsibility Act, Public Procurement Act, Freedom of Information Act, and the Electoral Act 2022, demonstrating how these laws have reshaped Nigeria’s governance architecture. This work however, exposes deep-rooted challenges like corruption, prebendalism, budget padding, partisan capture, and weakened oversight mechanisms that undermine the legislature’s normative role as guardian of the common good. Through comparative insights from Brazil, South Africa, and some European democracies, the study demonstrates that legislative corruption is neither inevitable nor uniquely Nigerian; it is a product of institutional design, political culture, and ethical environment. The paper then concludes by observing that rebuilding the Nigerian legislature requires a synthesis of institutional reforms, ethical renewal, and civic empowerment. Only by reclaiming its moral purpose can the legislature fulfill its constitutional mandate as the custodian of democratic legitimacy and the embodiment of the people’s sovereignty.