Even, the rule of might is right said to be the prevailing order in the state of nature still finds room in the divine command theory of John Austin, but the desire to migrate to the civil society was very enticing. Hence, a social contract was established, where people submitted their rights to the authority in exchange for the security of life and property. That tells us the significance of lawful society.
In that wise, there can be no lawful society with a law giver, and today the law giver is the parliament, and that is why congress or House of Assembly is regarded as the shrine of democracy in any land. Of course, it is a subject of debate the weight each parliament carries; for in the first world defined by economic prosperity, parliament is the most senior partner among the trio of executive, legislature and judiciary. Also, in China, the Peoples Parliament is where the central power resides.However, it is a different case in Africa. It appears that most of the African countries relegate parliament to the second position, for the executive wields enormous power, but the Presidential system in South Africa and Nigeria seem slightly different; may be because we borrowed idea of constitutional democracy from the United States of America, but I must tell you that upon all the amendments, Nigerian President still wields more power than the American President.
For the purpose of academic exercise, let us examine the power of the parliament: (a) it appropriates and approve the budget and it oversights the other branches and organs of government with a view to ensuring that the earmarked projects are executed to specification. So, when you see a government that is performing, the secret is the legislature that is not only progressive but also development conscious. I make bold to say that the parliament under my watch falls into that category in Osun state.
Meanwhile, I am not oblivious of the fact that there is a plausibility that a lawgiver could be mean with his law, because in the philosophy of law, which all laws emanate, eternal law, divine law, human law and command theory are the types of law to contend with, while eternal law ordained by God like Mosaic law, divine belong to the esoteric revelation to be revealed by Priests, Human law is law we are making in parliaments across the world to regulate the affairs of men.
Thomas Qcquina, one of the natural law authors appears to place premium on Command Theory, because he believes that a law without obligation is no law. At this juncture, it is pertinent to say that our parliament should not just be making laws without first examining the obligations involved. It is not how much, but how well a law could be administered for the general good.
I recall when I took the mantle of leadership of the House in this state, I was under pressure to outdo my predecessors in terms of laws to be passed, but I took to a caveat that only laws that would engender development must pass; with God on our side, my colleagues were brought into the loop, they saw reason with me and we jointly made up our mind that we would use the legislative instrument with difference. Lo and behold, our effort has brought unprecedented development to the state in terms of infrastructure- on roads, bridges, school buildings and so on.
I am not saying this to impress you here, but a throwback would tell you that our former colleagues under previous administration were collecting 20 million naira to prosecute constituency projects, but we were persuaded to drop it for The purpose of accountability and the promotion of the separation of power, and we did without raising a finger. Besides, I make bold to say that we resolved since 2011 that I assume the position of the Speaker never to cut a deal or negotiate a cut before we pass the budget, not because we are getting money as much as we desire, but because we desire to gain a mileage on oversight functions.
For instance, the government rolled out ten kilometer road per Local government, we approved it because it would enhance mobility of our people, and we appropriated funds for the project. However, it got to a certain stage, the contractors became sluggish and the job was heading south. We took it up at the Assembly, summoned the contractors, Local Government officials, and the officials of the Ministries concerned in the state, particularly, Finance, Works and Infrastructure, Local Government, and sent a red signal that the parliament was ready to wield its power to commit erring official or contractors to prison, and blacklist those who think they could take the people for granted. After the meeting, the contractors returned to site, all officials made themselves available for duties, and within a record time, 300 kilometres of road was delivered, and I am sure this environment must have benefitted from it.
Yes, it appears to be normal to you, but in a nation where corruption is on its four, it is convenient for us at the parliament to succumb to pressure of financial inducement from contractors who wanted to buy their way for shoddy job, or we could have cut a deal with contractors and look away while they picked the money and dialogue with their feet without consequence. So, it is a great sacrifice for a man who is capable of doing evil , but chooses to do good, and it is worth commending. On that, I salute my colleagues, because I know that nobody would roll out drum to celebrate their resolve, unlike the executive that would dance to public applause for the projects we midwife.
Still on Lawgiving, Thomas Acquinas was criticized by John Austin on the issue of obligation of the law, saying that despite the fact that Acquina mentioned the obligation in his Command theory of the law, he was not assertive on how the obligation would be earned, but concentrate on the enforcement of the law, because it is the law. So, Austin then argued that for obligation to be assimilated as a duty, rationality must be the choice, and that is the principle we have adopted at the parliament under my watch.
We resolve to examine what is the law for our people and seek their opinion before any critical law is passed. Land use act is one, local government creation is another and another one is state support security fund. I just acknowledge that the utilitarian concept of greatest happiness for greatest number has been the unwritten rule for the conduct of our public hearing.
Having flogged the issue of Lawgiving which means lawmaking, it is congruous to now inform you how we apply our principle to economic emancipation of the state. Granted, things are difficult, people our suffering and poverty appears to be spreading his terrible net among our people, and the politicians on the position of authority are the fall-guys. However, the anti corruption drive of this government at the centre has exposed us to how our resources were stolen blind, the billions of naira found in hard currency in the hide out of former NNPC Group Managing Director was enough to pay salaries of workers for three months in ten states for three months, yet the folk is not a politician.
Know that the immediate past Comptroller General of Custom, Dikko Abdullahi was not a politician when he returned one billion naira to the federal government as a recovered loot, and I read that 17 posh cars, wonders on the wheel were just evacuated from his hide-out garage. A lawyer was accused of wiring illicit funds into his account from the proceed of crime, but he claimed that was his legal fee; a teacher or lecturer is extorting his student using instrument of manipulation like score; directors in the ministries and lesser officials would wait until their palms are well greased before they work on files; judiciary in some cases operate cash and carry system; traders are shortchanging customers; filling stations have altered their dispensing machine. Yet, the politicians are the fall guys. Why I do not extricate politicians from the web, I just want to say that we are involved, and until we change our attitude, the routine remains the same.
As touching the economy of the state of Osun, i must say that raising of the internally generated revenue from paltry N200 million to almost one billion naira a month is as a result of some laws we made. First, we repealed and replaced the Procurement act we met, because it was wired around the governor. Besides, we made laws that ensures security of life and property, and give it to us that it is only in Osun that bank robbers have not parted away their with loot alive. Because we passed the law on security fund, and ensure that the equipment were procured, some armed robbers who sometimes stormed a bank in Ikirun did not make it alive, and some investors who found a secured environment have started constructing some facilities that would add to our prosperity soon.
Besides, we have waded into so many disputes among the government and workers, among the traders and farmers, and among the farmers and loggers, we had once settled the rift between the loggers and farmers here in Ifetedo. These are the steps we took and still taking to emancipate the economy of the state. But, our effort is largely not enough, because the issue on exclusive list is not helping the matter.
Let me charge you as some of you are preparing to join the over saturated labour market that the only thing that will give you the upstart is your talent and zeal. Jobs are no longer created massively as required, because the world has moved to knowledge economy. Besides, we do not have the conducive environment for now because of stillborn power sector and pipeline vandalism, even politics which is seen as lucrative because of massive corruption, is fast losing it because the country is in dire strait. So, let me borrow from J. F. Kenedy who says, "think of what you can do for your country, not what your country can do for you.
On a final note, I urge you to participate in how your affair is being conducted by the politicians through community organizing and Voter's education. Be part of the people who would knock the door to educate people on how to interrogate issues with politicians instead of demanding money. Also, retrace your step from dishing frivolous awards to politicians who have no merit to be honoured, and learn how to apply your studies to economic independence.
I thank you for your attention.
Rt. . Hon. Najeem Salaam
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