US embassy cable - 05LAGOS801

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. 
 
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One Party Legislatures Inhibit Debate and Executive 
Oversight 
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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. 
 
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Legislatures Have Overly - Symbiotic Relationship with 
State Governors 
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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. 
 
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Culture of Corruption and Patronage Limit Legislatures 
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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. 
 
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Legislatures Weak in Initiating Bills, Public 
Accountability Is the Casualty 
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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. 
 
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Training Promotes Innovations in Constituent Outreach 
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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. 
 
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Where are the Women? 
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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. 
 
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Comment 
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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