Legislative oversight and delegated legislation in Nigeria, 2015 to 2023

Abstract

Legislative oversight of delegated legislation plays a vital role in promoting accountability, ensuring regulatory compliance, and protecting the public interest in democratic systems. This study examined the oversight functions of Nigeria’s National Assembly, focusing on the mechanisms used to monitor delegated rulemaking by regulatory agencies, their effectiveness, and the challenges undermining their impact. The study adopted the case study research design to examine the relationship between legislative oversight and delegated legislation. It adopted the mixed research methods combining survey data, key informant interviews, and document analysis. It employed the structural functional theory to examine the impact of the oversight function of the National Assembly in ensuring transparency and curbing executive overreach. With this theory, the study explored how National Assembly committees engage with agencies like the Nigerian Electricity Regulatory Commission (NERC), the National Agency for Food and Drug Administration and Control (NAFDAC), and the National Drug Law Enforcement Agency (NDLEA) to review rules, approve budgets, and conduct public consultations. Findings showed that although oversight mechanisms like budget reviews and public hearings helped promote transparency and stakeholder engagement, systemic weaknesses persisted. For example, performance audits uncovered inefficiencies in sectors such as energy regulation, but lack of staff capacity hindered deeper analysis. The study recommended institutional reforms to enhance committee resourcing and staffing, the use of technology for real-time oversight, and the institutionalization of regular performance audits. It further proposed stakeholder
engagement frameworks to ensure inclusivity, particularly from marginalized groups. Most critically, the study emphasized the need for ethical guidelines and accountability mechanisms to curb political interference in oversight processes. The study concluded that while the National Assembly’s oversight mechanisms remain essential in regulating delegated rulemaking, strategic and institutional reforms are necessary to strengthen their capacity and legitimacy in ensuring transparent, responsive, and participatory governance in Nigeria.