New laws are expensive – Nkoyo Toyo

How would you describe the growing agitation for legislation that favour preservation of women rights and inclusiveness in the matter of state policy?It shows to me that participatory democracy is growing in Nigeria. It is a democracy that gives recognition to all sections of the society and gives voice to all as well. The issue […]

How would you describe the growing agitation for legislation that favour preservation of women rights and inclusiveness in the matter of state policy?
It shows to me that participatory democracy is growing in Nigeria. It is a democracy that gives recognition to all sections of the society and gives voice to all as well. The issue of women development is not only being taught in terms of development alone but also in terms of politics and how state functions are carried out.  As you may have seen, more than ever before, all segments of the society want to take part in governance as well as leadership and are seriously thinking about how to change the context.  As we know, leadership is not all about leaders but how the society is affected. Interestingly, women are adding their voices on how to better the society. I think it is this perspective that has spurred agitation for a gender-friendly constitution.
Gone are the days when it was only women whose husbands were in high offices that led the crusade for others. Now, more women are taking up the gauntlet and the campaign is being sustained. Interestingly, more men are also coming out to align and identify with women aspirations and quest especially in the area of legislation. And that is why issues like women education, advocacy and awareness campaigns and more importantly, using the instrument of law to correct certain anomalies on gender issues appear to be getting more attention.
Again, on the Constitution Review Committee of the House of Representatives, which I am a member, we have been able to defend certain clauses which had been thrown out initially during the constituents deliberations. We understand that what really went wrong was the manner in which the issues were presented. It was understandable that those clauses were not properly presented to the people. So we argued that there is need to re-insert them.
 As a member of the women in parliament, will you say your committee has lived up to the aspirations of the womenfolk in the area of gender legislation?
Let us just say, no society across the world, can lay claim to having done enough. The needs of societies are ever present and the society itself is dynamic. So, you can only do your best on what needs to be done. In terms of how women in parliament have used the ongoing constitution review process to address salient gender issues in the constitution, I think we have done quite a number of things, though, we may not say we have done all we could possibly do. One good instance is the advocacy of the civil society on changing the language of the constitution, that of course is already being addressed.
But we must realise that it is one step at a time if we are to get an ideal constitution. This is because, we are conscious of the fact that getting an ideal constitution might not be all that is needed but getting the body of laws within the constitution effective in addressing critical gender issues. If I am to say with emphasis where we are now, I think it is important to say we have set a very clear term of reference in place such that future constitution amendment processes won’t have any serious challenges in getting things done.  We know this will not be the last time the constitution will be amended but for every time the Nigerian constitution will be reviewed, it will be another opportunity for Nigerian women to get their views reflected.
There are gender advocates who have insisted that the creation of new laws will address some of the social imbalances in the country, as a lawyer and a lawmaker do you share this opinion?
My interest basically in the House of Representatives is on the issue of gender and social welfare for the people. I share the opinion that there are many sections of the constitution to be worked on. But to say new laws should be created? I don’t think so. This is because for each new law created, it will surely gulp more money. For instance, all new agencies of government created by law need funding for the creation of their secretariats, personnel, running cost, among other demands.
Today, Nigeria ranks among the most expensive countries in term of governance, in the world. Government alone takes the largest chunk of the budget. So it is a case of more laws, more money! You remember when a new INEC chairman emerged, you remember the billions the country had to expend to get new electoral processes.  Laws are not cheap.
Anyone who says I have done a lot by creating new law is not being sincere because creation of new law is expensive. Each law comes with appropriations and because some people understand that it is only when people hear that somebody has passed a certain number of bills in the National Assembly, that is when his or her constituents believe he or she is working; they tend to play that up all the time.  
What many people don’t understand, however, is the fact that most of those who sponsor bills on the creation of certain agencies or the other have vested interests there. And the moment such agencies are created, they will start agitating that funds should be appropriated to them, whereas they have many of their cronies and family members they are lining up to take appointments in such agencies. So apart from the simple fact that creation of new laws can be expensive, it is oftentimes, self-centred.
So are you saying there is no need for creation of new laws?
For me, I think what is paramount is the amendment of those laws we have in existence and not necessarily creating new ones. I really don’t want to go into the debate because we may have to spend a whole lot of time, arguing whether or not new laws should be created. All we simply need is review and amendment of the existing ones.
So if creation of new laws isn’t tenable, how do you hope the amendment of existing laws would favour the womenfolk?
One strategic approach we want to adopt in reflecting the implementation of the 35 percent affirmative action is to change the way our current electoral system is played. We hope to see a situation whereby people will begin to vote for parties and not individuals. And by that, if PDP for instance has like 80 percent of the total votes in the general election, it will be mandatory on it to allocate 35 percent of those positions to women. And if it happens that ACN is the one with highest number of votes, same rule will be applied. In other words, an individual aspirant will be subsumed into the party list which will be presented to the electorate on the day of election. That is why it is called proportional democracy and there are countries that have been practicing it successfully.