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  • Electoral Bill: Senators mum as Saraki reads President’s letter

     

    There was silence on Tuesday in the Upper Chamber as Senate President Bukola Saraki read a letter on the Presidential decision to decline assent to the Electoral amendment Bill, 2018.

    All Progressives Congress (APC) Senators came in their numbers apparently to prevent anticipated plot by their Peoples Democratic Party (PDP) counterparts to initiate moves to override the President’s assent on the controversial Bill.

    Saraki merely read the letter dated 6th December, 2018 which detailed reasons Buhari refused his assent to the Bill.

    There was pin drop silence in the chamber as Saraki read the two-page letter.

    He filed it away after reading the letter.

    Apprehensions Point of Order will be raised for consideration of the presidential letter were dashed when senators kept quiet.

    A source noted that “apparently in line with the rule of the Senate, no senator was allowed to comment on the contents of the Presidential letter.”

    It was however gathered that APC Senate caucus met on Monday to articulate how to foil any attempt to override the President’s assent.

    Finding also showed that the APC caucus mobilised members to attend Tuesday’s sitting.

    It was gathered members of the APC caucus were particularly spurred to action by the comments of Senator Dino Melaye on a national television on Monday on the voided Bill.

    Melaye, a senator said, was reportedly critical of President Buhari for rejecting the Bill “for us to leave anything to chance.”

    According to the senator: “We were fully on standby to oppose any motion by Melaye and other PDP senators on the rejected Bill.

    “We were prepared. We knew the stand of Melaye on matters of this nature. Nobody should be taken for granted.”

    Turnout in the chamber on Tuesday was the highest by APC and PDP Senators in recent times.

    It is unclear what the next line of action will be on the rejected Bill.

     

  • Bill for anti-graft in public procurement passes second reading at Lagos Assembly

    A bill to enhance transparency in public procurement and fight against corruption in Lagos State went through the second reading during plenary on Monday at the House Assembly.

    The bill is titled: “A Bill for a Law to Amend the Lagos State Public Procurement Agency Law CH.L 56 Vol. 6 Laws of Lagos State and For Connected Purposes.”

    The amendment is also to enhance performance and effectiveness of procurement in the state.

    Major areas the law the lawmakers are looking into are: the composition, initial deposit to contractors and fund assessment.

    The Chairman of the House Committee on Finance, Yinka Ogundimu said the tenure of principal officers of the board and the advanced payment to contractors should be examined in the amendment.

    He said: “The 20 per cent initial payment to contractors stipulated by the existing law is too small and had occasioned the increase in the number of abandoned projects.”

    Ogundimu said the review would enhance performance and delivery of standard jobs by contractors.

    Also, Bisi Yusuff (Alimosho Constituency I) said the amendment would foster independence and transparency in the operations of the board for the benefit of Lagos residents.

    Setonji David (Badagry Constituency II) said the committee handling the amendment should look at issues that have made the implementation of the existing law difficult.

    Speaker Mudashiru Obasa noted that the amendment was necessary to fight corruption in the state’s procurement operations.

    He said: “The essence of this amendment is to banish corruption and encourage transparency and probity in the award of contracts.”

    The speaker urged the house committee to peruse the board’s composition, first payment to contractors as well as the language of carrying out procurement activities.

    Obasa said there should be an increment in the initial deposit to contractors to 40 per cent as well as inclusion of indigenous language in carrying out procurement processes to encourage local contractors.

    The Speaker, who said there was a need to ensure that Lagosians were given only qualitative and durable projects, committed the amendment bill to the House Committee on Finance.

    He directed the committee to report back to the Assembly in three weeks.

    Also, the House also read for the second time the Private Partnership (Amendment) Bill, 2018 as well as the Lagos State House of Assembly Commission (Amendment) Bill, 2018.

     

  • Buhari again declines assent to Electoral bill

    President Muhammadu Buhari again has declined assent to the Electoral (Amendment) Bill 2018.
    The President had earlier declined assent to the bill twice.
    Speaking with State House correspondents on Monday, the Senior Special Assistant to the President on National Assembly matters (Senate), Ita Enang said that the President in a communication to the Senate and the House of Representatives dated 30th August, 2018 conveyed his latest decision.
    According to him, the President again declined assent because of some drafting issues that remained unaddressed.
     He said “His Excellency, President Muhammadu Buhari, GCFR, has by communication dated August 30, 2018, to the Senate and the House of Representatives declined Assent to the Electoral Act (Amendment) Bill, 2018.
    “I pray for leave, that in view of public interest, the fact of the National Assembly vacation, the imperative to avoid speculation and misinformation, that I give just a few of the rationale by Mr. President.
    ‘’Mr. President is
    ‘’declining assent to the Electoral Amendment Bill due to some drafting issues that remain unaddressed following the prior revisions to the Bill.’’
    “Mr. President invites the Senate and House of Representatives to address these issues as quickly as possible so that he may grant President Assent to the Electoral Amendment Bill.
    “A few of the outstanding issues are:
      ‘’There is a cross referencing error in the proposed amendment to Section 18 of the Bill. The appropriate amendment is to substitute the existing sub-section (2) with the proposed subsection (1A), while the proposed sub-section (1B) is the new sub-section (2A)’’
    ‘’The proposed amendment to include a new Section 87 (14) which stipulates a specific period within which political party primaries are required to be held has the unintended consequence of leaving INEC with only 9 days to collate and compile lists of candidates and political parties as well manage the primaries of 91 political parties for the various elections.
    “This is because the Electoral Amendment Bill does not amend sections 31, 34 and 85 which stipulates times for the submission of lists of candidates, publication of lists of candidates and notice of convention, congresses for nominating candidates for elections.’’
    For clarity, may I provide some details of the provisions referenced.
    Clause 87 (14) states
    ‘’The dates for the primaries shall not be earlier than 120 days and not later than 90 days before the date of elections to the offices.
    The Electoral Act 2010 referred to herein states; in Section 31:
    Section 31:  ‘’That every Political Party shall not later than 60 days before the date appointed for a       general election submit to the Commission the list of candidates the party proposes to sponsor at the elections.
    “Section 34:
                   ‘’That the Commission shall at least 30 days before the day of the election publish a statement of the full names and addresses of all candidates standing nominated.
    “Section 85 (1)
                  “That a Political Party shall give the Commission at least Twenty-one days’ notice of any convention, congress etc., for electing members of its executive committees or nominating candidates for any of the elective offices.’’
    “For the avoidance of doubt, neither the Constitution nor any written law allows a President or a Governor to whom a Bill is forwarded by the Legislature to edit, correct, amend or in any manner alter the provisions of any such Bill to reflect appropriate intent before Assenting to same. He is to ASSENT in the manner it is or to withhold ASSENT.” he said
    According to him, he said that the President has taken same action on seven other bills.
    The seven bills earlier transmitted, he said, include National Agricultural Seeds Council Bill, 2018, The Advance Fee Fraud and Other Related Offences (Amendment) Bill, 2017, The Chartered Institute of Entrepreneurship (Establishment) Bill, 2018, The Subsidiary Legislation (Legislative Scrutiny) Bill, 2018, National Institute of Hospitality and Tourism (Establishment) Bill, 2018, National Research and Innovation Council (Establishment) Bill, 2017, Nigerian Maritime Administration and Safety Agency (Amendment) Bill, 2017.”
    “Mr. President has communicated his ACTION to the National Assembly.” he stated

  • Details of Not Too Young To Run Bill

    A BILL FOR AN ACT TO ALTER THE PROVISION OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 AND FOR OTHER MATTERS CONNECTED THEREWITH

    Sponsored by Hon. Tony Nwulu

    [ ] Commencement
    BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as
    follows:
    1. The Constitution of the Federal Republic of Nigeria, 1999 (in this Act referred to as
    “Principal Act”) is amended as set out in this Bill.
    Qualifications for Membership of National Assembly
    2. Section 65 (1)(a) and (b) is amended by substituting the provisions with a new
    provision as follows:
    A person shall be qualified for election as a member of –
    (a) the Senate, if he is a citizen of Nigeria and has attained the age of thirty years;
    and
    (b) the House of Representatives, if he is a citizen of Nigeria and has attained the age
    of twenty-five years.
    3. Section 65 (2)(b) is amended by substituting the provision with a provision as
    follows:
    A person shall be qualified for election under subsection (1) of this section if –
    (c) He is member of a political party and is sponsored by that party or he is an
    independent candidate
    Qualifications for Membership of House of Assembly
    4. Section 106 (b) and (d) is amended by substituting the provisions with new
    provision as follows:
    A person shall be qualified for election as a member of a House of Assembly if –
    (b) he has attained the age of twenty-five years;
    (d) he is a member of a political party and is sponsored by that party or he is an
    independent candidate
    Qualifications for election as President
    5. Section 131 (b) and (c) is amended by substituting the provisions with new
    provisions as follows:
    A person shall be qualified for election to the office of the President if –
    (b) he has attained the age of thirty;
    (c) he is a member of a political party and is sponsored by that political party or he
    is an independent candidate
    Qualifications for election as Governor
    6. Section 177 (b) and (c) is amended by substituting the provisions with new
    provisions as follows:
    A person shall be qualified for election to the office of the Governor of a State if –
    (b) he has attained the age of thirty;
    (c) he is a member of a political party and is sponsored by that political party or he
    is an independent candidate
    7. This Bill may be cited as Constitution (Alteration) Bill, 2016
    EXPLANATORY MEMORANDUM
    This Bill seeks to alter the Section 65, 106, 131, 177 of the 1999 Constitution of the Federal
    Republic of Nigeria (as amended) to reduce the age qualification for the office of the
    President and Governor and membership of the Senate and House of Representatives and the
    State House of Assembly. The Bill also seeks to allow independent candidacy in Nigeria’s
    electoral process.

  • Buhari to sign “Not Too Young to Run” Bill into law 

    To give opportunity for Nigerian youths to vie for various political positions, President Muhammadu Buhari will soon sign the Not Too Young To Run  bill into law.

    The signing ceremony, he said, would be done in the presence of some youths in the next few days.

    The President stated this  in his address to the nation on Tuesday morning in commemoration of the 2018 Democracy Day celebration, which was broadcast live.

    The #NotTooYoungToRun Bill seeks to alter the Section 65, 106, 131, 177 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) to reduce the age qualification for the office of the President from 40 years to 30 years; Governor 35 to 30, Senate 35 to 30, House of Representatives 30 to 25 and State House of Assembly 30 to 25.

    The Bill also seeks to mainstream independent candidacy into Nigeria’s electoral process.

    29th May is marked every year as Democracy Day since the year 1999.

    The President said “In few days to come, I will be joined by many promising young Nigerians to sign into law the “Not Too Young to Run” Bill.”

    READ ALSO: 16 States passed ‘Not Too Young To Run Bill’ so far

    He noted that today marked the 19th year of Nigeria’s nascent democracy and the 3rdAnniversary of this administration.

    FULL TEXT OF THE SPEECH FOLLOWS:

    “I am thankful to Almighty God for bringing us thus far.  This administration came at a time that Nigerians needed Change, the Change we promised and the Change we continue to deliver. We have faced a lot of challenges on this journey and Nigerians have stood by us in achieving the three cardinal points of this administration namely; Security, Corruption and the Economy.

    “The commemoration of this year’s Democracy Day is a celebration of freedom, a salute to the resilience and determination of Nigerians and a recommitment by Government to keep its promise to lead Nigeria into a new era of justice and prosperity.

    “Public safety and security remains the primary duty of this Government. Before this Administration came into being 3 years ago, Boko Haram held large areas of land spanning several Local Governments in the North East.

    “Today, the capacity of the insurgents has been degraded leading to the re-establishment of authority of government and the release of captives including, happily, 106 Chibok and 104 Dapchi girls, and over 16,000 other persons held by the Boko Haram.

    “In order to minimize the impact of the insurgency on Internally Displaced Persons, Government has established secure IDP Camps and has improved the mechanism for the distribution of basic aid, foods and essential commodities using various strategies in collaboration with local and international Organizations.

    “Efforts are in process for resettlement of IDPs in their home communities by providing schools, hospitals, clinics, water and sanitation to facilitate a quick return to economic activities. Government is similarly implementing de-radicalization and rehabilitation programmes to facilitate sustainable peace and development.

    “The unfortunate incidences of kidnappings, herdsmen and farmers clashes in several communities which have led to high number of fatalities and loss of properties across the country is being addressed and the identified culprits  and their sponsors shall be made to face the full wrath of the law. All the three tiers of Government are presently engaged with communities and religious organizations to restore peaceful co-existence among Nigerians.

    “I want to commend members of the Multinational Joint Task Force drawn from Niger, Benin, Chad, Cameroon and our own country in collaboration with the International Community who are assisting in the fight against insurgency in the North East. I also commend the gallantry of members of our Armed Forces and other security agencies that have continued to provide security for lives and properties across the country.  State and Local traditional authorities are helping with much needed intelligence in this fight against insurgency.” he said

    According to him, his administration is pained over the grievous loss of lives and properties occasioned by the carnage of insurgency and other forms of criminality in the country.

    He assured Nigerians that his government will not rest until all criminal elements and their sponsors are brought to justice.

    He added “Government is boosting the capacity of our security agencies through recruitment of more personnel, training and procurement of modern equipment, enhancement of intelligence gathering as well as boosting their morale in the face of daunting challenges.

    “The Niger Delta Region has enjoyed relative peace through social inclusiveness and cooperation of the Elders and the good people of the region. Government is committed to implementing the comprehensive peace, security and development plan for the region. The environmental clean-up of the region which commenced with the launch in Bodo, Ogoni in June, 2016 is progressing satisfactorily. Furthermore farming assets are being revived and investors in cocoa and palm oil plantations are showing serious interest.

    READ ALSO: 16 States passed ‘Not Too Young To Run Bill’ so far

    “The second primary object of this Administration is to fight corruption headlong. Like I have always said, if we don’t kill corruption, corruption will destroy the country. Three years into this Administration, Nigerians and the international community have begun to applaud our policies and determination to fight corruption. We are more than ever before determined to win this war, however hard the road is. I therefore appeal to all well-meaning Nigerians to continue to support us in this fight.”

    Various policy measures, he said, are already in place to stem the tide of corrupt practices, which are yielding remarkable results.

    Some of these key reform policies, he said included :

    “a.  The Treasury Single Account (TSA) has realized Billions of Naira being saved from maintenance fee payable to banks.  N200 Billion has also been saved from elimination of ghost workers in public service.

    “b.  The Whistle-Blowing Policy has helped to recover over N500 Billion;

    “c.   The Presidential Initiative on Continuous Audit set up with a mandate to validate controls, assess risks, prune personnel costs, ensure compliance with Public Financial Management reforms has helped to identify and remove over 52,000 ghost workers from the Federal Government MDAs Payroll;

    “d.  The Voluntary Asset and Income Declaration Scheme (VAIDS) aimed at expanding tax education and awareness has offered the opportunity for tax defaulters to regularise their status in order to enjoy the amnesty of forgiveness on overdue interest, penalties and the assurance of non-prosecution or subject to tax investigations.

    “e.     The Sovereign Wealth Fund project portfolio has been expanded with an injection of US$650 million so as to strengthen its investment in local infrastructure, power, health, re-construction of Abuja-Kano road, Lagos-Ibadan Expressway, East West Road (Section V) and the Mambilla Hydro-electric Power project as well as the construction of the 2nd Niger Bridge.”

    According to him, the fight against corruption through the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related Offences Commission has resulted in recoveries of Billions of Naira, and forfeiture of various forms of assets.

    “This alongside other efforts has improved Nigeria’s international image and regional cooperation.

    “We have retained the services of one of the world’s leading assets tracing firms to investigate and trace assets globally. This is in addition to the exploitation of provisions of existing Treaties, Conventions as well as Bilateral Agreements with Multilateral bodies and Nations. Nigeria has also signed Mutual Legal Assistance Agreements to ensure that there is no hiding place for fugitives.

    “This Administration has therefore focused on revamping the ailing economy it inherited in 2015.   In 2016, Government executed an expansionary budget and developed the Strategic Implementation Plan.  For the first time, 30% of the budget was earmarked for capital expenditure which represents an upward review when compared with the 2015 budget. The SIP was followed by the development of a comprehensive medium term plan – the Economic Recovery and Growth Plan 2017 – 2020.

    “The broad strategic objectives of the ERGP were to; Restore and sustain economic growth; Build a globally competitive economy; and Invest in our people.  The implementation of the ERGP has started yielding results. The National Bureau of Statistics reports that  the economy grew by 1.95% in 1stquarter 2018, which is a good performance when viewed against -0.91 in 1stquarter 2017 and -0.67% in 1st quarter 2016 respectively.

    “Our foreign reserve has improved significantly to 47.5 billion USD as of May, 2018 as against 29.6 billion USD in 2015.  The inflationary rate has consistently declined every month since January, 2017.

    “Recently, Government conducted Focus Labs in three key sectors of the Economy namely, Agriculture & Transport, Manufacturing and Processing as well as  Power and Gas. These have yielded significant prospects for investments and Job creation to the tune of US$ 22.5 billion with a potential for creating more than 500,000 jobs by 2020. These investment generation initiatives are expected to increase capital inflows in the form of foreign direct investment. There is a high prospect that the cumulative investments from this first phase of the Labs will hit US$39.2 billion by 2025.

    “Under agriculture, Nigeria continues to pursue a strategic food security programme built around self-sufficiency and minimization of import dependency. As a result, rice importation from other countries has been cut down by 90% which has a direct impact on foreign reserves.

    “The Social Investment Programmes (SIP) has been created as a means to graduating our citizens from poverty through capacity building, investment and direct support. The major strategic objective is to restore livelihood, economic opportunities and sustenance for the poor across the country. The SIP programmes and projects include:

    “a.              Home Grown School Feeding Programme – About 8.2 million pupils are currently being fed from 24 States of the Federation with over 75,000 Catering Staff engaged under the programme.

    “b.              The Conditional Cash Transfer has so far recorded over 297,000 caregivers and being trained by 2,495 Community Facilitators in 21 states. Less privileged Nigerians are now being paid N5,000 monthly stipend in 9 pilot States of Bauchi, Borno, Cross River, Ekiti, Kwara, Kogi, Niger, Osun and Oyo. Eventually the scheme will cover all the 36 states of the federation including the FCT.

     “c.               Under theGovernment Enterprise Empowerment Programme – About 264,269 loans had been disbursed to 4,822 societies in the 36 States and FCT, while another 370,635 are awaiting release of funds.

    “d.              N-Power Job creation Scheme – is targeted at providing jobs for unemployed young graduates and has so far recruited 200,000 youths while the next batch of 300,000 have been selected, verified and would soon be deployed across the 36 States and the FCT. Furthermore, 20,000 non-graduate volunteers have also been selected to kick off the N-Build programme in collaboration with the National Automotive Design and Development Council and the Council of Registered Builders of Nigeria.”

    In the area of power generation, he noted that Nigerians from all parts of the country have continued to report better power supply and less use of generators.

    This, he said, underscored the effectiveness of the methodical plan to deliver incremental and uninterrupted power supply to our homes, markets, offices and factories.

    He said ‘The country achieved 5, 222.3 MW representing the highest peak of power generated onto the national grid and delivered to customers in December, 2017. With new facilities, repairs and rehabilitations by Government and private investors, generation capability now exceeds 7,500 MW.

    “This Administration is committed to lawful interventions to ensure the operators of the distribution business live up to expectations especially in the areas of distribution capacity, service delivery, collection efficiency, and metering to eliminate contentious estimated billing.

    “The Transportation Sector continues to undergo a series of reforms in order to sustain the international best practices and ensure safety and security. The nation’s major airports have witnessed reconstruction of runways, installation of navigational equipment and new international terminals due for commissioning in Abuja, Lagos, Kano and Enugu. Bilateral Air Services Agreements between Nigeria and the Governments of other countries will significantly open up new flight routes.

     “As a result of strict regulatory and compliance policies, Nigeria retained her Federal Aviation Administration (FAA) Category 1 status, after a routine international audit.  Recently, a new Maintenance Repair and Overhaul facility with capacity for aircraft C-checks and other comprehensive levels of maintenance was established in Lagos. This would save the country an estimated $90m annually.

    “Giant strides have been recorded over the past three years to improve road transport infrastructure in all geopolitical zones of the country.

    ‘The Railway Sector has also received tremendous attention as this Administration is committed to the goal of linking all State capitals in the Federation by rail network to ease the movement of goods and passengers.

     “The Education Sector especially at tertiary level has continued to witness expansion in order to improve access to higher education by millions of youths in Nigeria. Over the last three years, Government has approved the establishment of 1 new Federal Polytechnic, granted licenses for the establishment of 4 State and 14 private-owned Universities as well as 12 private Polytechnics.

     “Government has also continued to support the implementation of various initiatives aimed at improving the quality of Basic Education delivery. Thus, it has ensured proper funding at the Basic Education level with the disbursement of N42.2 billion UBE Matching Grant to 26 States and the FCT, N851.5 million Special Education Grant disbursed to 23 States and private providers of Special Education and N2.2 billion Teachers Professional Development Fund to 33 States and the FCT.”

    According to him, the Federal Government has continued to support fiscal sustainability at the sub-national governments through the implementation of the Budget Support Facility which was accompanied by the 22- point Fiscal Sustainability Plan.

    “Thus, bailouts funds were made available to States to ease their fiscal challenges and other obligations including payment of salaries.

    “In addition, a total of 73 Ecological Fund projects for the control of gully erosion in different communities across all geopolitical zones have been completed in the last three years and are undergoing commissioning while 53 other projects are ongoing. The execution of these projects has generated 357 skilled jobs and 1,350 unskilled jobs during this period.

    “It is pertinent to also make mention of the immeasurable contributions of the Nigerian woman to national development and advancement of democracy, over the last three years. The government and people appreciate you all as mothers of our great country.”

    As the nation marks the democracy day, he urged Nigerians  to avoid hatred and intolerance.

    “We can only achieve our objectives in an atmosphere of harmony and peaceful co-existence.

    “Finally, the up-coming months will usher us into another season of general elections. Let me use this opportunity to urge us all to conduct ourselves, our wards and our constituencies with the utmost sense of fairness, justice and peaceful co-existence such that we will have not only hitch free elections but also a credible and violence free process.” he stated.

  • Bill to establish agency scales second reading

    A bill for a law to establish Edo State Development and Property Agency yesterday passed second reading during plenary at the House of Assembly.

    Leading a debate on the bill, Majority Leader Roland Asoro (APC Orhionmwon South), said it sought to decongest the city centre.

    He said the bill, if passed and assented to by the governor, would help to create jobs for youths and increase internally generated revenue.

    “Any plan to decongest Benin and build housing estates is a welcome development.

    “It will help create speedy development and open up new towns and villages,” Asoro said.

    He urged members to support the bill.

    Mr. Kingsley Ugabi (APC Etsako East) said the bill would ensure that filling stations, markets, schools, motor parks, among others, were properly planned.

    According to Chris Okaeben (APC Oredo West), the bill will stop mismanagement of government assets.

    “The state is overdue for new housing estates. Civil servants who cannot build houses can take advantage of housing estates,” he said.

    Other members spoke in favour of the bill.

    Speaker Kabiru Adjoto directed the Clerk, Mr. Ighe Otabor, to give the bill to the relevant committee.

  • Before the bill on state police

    Before the bill on state police

    The call for state police has been resonating in Nigeria for years, due to the realization that the Nigeria Police, as presently constituted cannot handle the increased demands of law enforcement, in the criminal justice system. The entire criminal justice delivery system needs to be restructured. However, many argue that Nigeria is not ripe for state police, because state governors will use the police to haunt their political opponents. Whichever way, the consensus is that the policing system for over 180 million Nigerians is inadequate.

    Some security analysts have it that the legislative amendments, structures, funding and reorientation needed, to start a state police are not in place. Yet others are of the opinion that the government in power is scared to allow state police, because, as with all other past governments, they will not have total control of the police and therefore will be losing a major force of its power of coercion.

    However, the present government or any government in power, simply need to have the political will to start the process and many of the variables will fall in place. As for the big question whether Nigeria is ready for state police, my answer will be YES, because establishing state police, or actually restructuring the criminal justice delivery system is a process; and there is no better time to start that process than now.

    A state police that is close to the society of its jurisdiction which will make it more effective is what is desired at this time. However, those in authority have this knack to abuse the police. Now that the National Assembly is considering the bill to establish state police, Nigerians expect a thorough job. It should not be a cut and nail job where the state commands as they are constituted at present, are directed to be the new state police.

    The political foot-dragging is anchored on a false premise; the premise of using the police as a coercive power against opponents – be they political or civil. This false premise must be corrected. This is the time to take a holistic view of the policing and criminal justice system. Indeed, a time to review the security architecture of the country.

    Following the American system, we need to re-organize our policing system to be independent and more effective. We should start from the intelligence services. The Act that established the State Security Services and National Intelligence Agency should be amended to make them independent and answerable to the people of the Federal Republic of Nigeria through the National Assembly. They should not be controlled by the president, as is practiced at present. The Defence Intelligence Agency should report to the Minister of Defence.

    All other federal police bodies like the National Drug Law Enforcement Agency (NDLEA), Economic and Financial Crimes Commission (EFCC), Customs and Immigration Services, National Security and Civil Defence Corps (NSCDC) and others should report to the Minister of Justice (not the Attorney General). This calls for the separation of the offices of the Attorney General and that of the Minister of Justice.

    We can borrow from the United States of America, where we also copied our constitution. The criminal justice system in that country is well defined in terms of powers, responsibilities and funding. Laws are defined in terms of federal, state, county (like our local government areas) and other specialist police departments.

    At the federal level they have the Federal Bureau of Investigations (FBI), which has nationwide jurisdiction for enforce of federal laws. They are limited by US Code to investigating only matters that are explicitly within the power of the federal government. There are other federal law enforcement agencies, which include the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) the United States Marshals Service and the Federal Bureau of Prisons (BOP).

    After the terror attack of 9/11 in New York, the government created the Department of Homeland Security, as a counter-terrorism agency, with many other law enforcement agencies reporting to it. In the case of a crime or disaster, many agencies can respond, but when the situation is clear, the agencies are flexible enough to allow the responsible agency to take command. According to the US Constitution, the federal government is not authorized to execute general police powers. The agencies have their jurisdiction and specific duties to carry out.

    State police on the other hand started as an agency to enforce state laws which were mainly traffic laws. They were later given investigative powers. They were referred to as State Police or Highway Patrol Police and report to the State Department of Public Safety. Their duties are very clear and these include; arrest and detention of suspects, crime scene protection, search and seizure, emergency assistance to the public, interrogation and interviews and the presentation of testimony in court. It can be seen from these duties that the state police is restricted to police duties only. So, in Nigeria, I will suggest that they report to the state commissioner in the Ministry of Public Safety. This will remove them from political manipulation.

    Other responsibilities of the state police will include maintaining law and order across the state jurisdiction. These will include patrolling roadways, enforcing state laws, maintaining peace and assisting local government law enforcement when necessary.  For instance, if someone commits murder in one state, the state police will investigate and prosecute the suspect. But if he flees into a neighbouring state, it becomes an interstate crime, where the FBI will be invited to take charge.

    Establishing state police must in effect give way to the concurrent establishment of County or Local Government Area Police (Sheriffs), who will be responsible for carrying out Local Government Ordinances. That will be the limit of their jurisdiction. They will engage in the enforcement of traffic laws and control, parking and environmental laws. They maintain the county jail for drunk, traffic violators and domestic violence suspects awaiting to be charged to court. In large municipalities they have City police like the New York City Police (NYPD) or Los Angeles Police Department (LAPD).

    Policing in the United States has been so segmented that a unitary system, as practiced in Nigeria will be totally dysfunctional. Right now, all university campuses have campus police. Airports have their police, so does the railroad service. Nigeria used to have the Railway Police. In most American cities, high-brow housing estates have their fully equipped police units patrolling he estate. All these are full-fledged police units carrying out their duties within their jurisdiction.

    The National Assembly will be making a very big mistake if they just go ahead and establish state police without taking a holistic view of the security architecture and spelling out each agency’s responsibilities. They should make the intelligence agencies independent, to checkmate abuses from the executive arm of government. There should be a professional police service that can interpret criminal laws and enforce them; not minding whose ox is gored.

    For state police to operate effectively, the issue of funding has to be addressed adequately. One of the major problems of the police today is the issue of funding. To be effective, the policemen need to be well-funded, to take care of regular salaries, welfare and insurance benefits. If the primary responsibility of government is the protection of lives and property of the citizenry, then funding the security and law enforcement agencies should be a top priority for the government.

    We have to come to terms with the reality that Nigeria needs to restructure its criminal justice delivery system, with fully defines roles and responsibilities at the federal, state, and local government levels. The government should also not forget the large number of private security guards that abound in the country. They could be the extra eyes and ears that will support the policing system in the country.

     

    • Amachree, MON is a security consultant.
  • Senate splits over passage of 2019 elections order bill

    Senate splits over passage of 2019 elections order bill

    In what order should the 2019 elections be conducted?

    This was the bone of contention among senators at plenary yesterday during debate on the report of the conference committee which harmonised the grey areas to the amendments to the Electoral Act.

    The House of Representatives passed the bill without hitch.

    Some members of both chambers of the National Assembly constituted the committee.

    Section 25(i) of the amendment bill, which places the National Assembly poll first in the sequence of elections sparked the row.

    The bill was passed and concurred with by both chambers of the National Assembly before it went for harmonisation.

    It is in the process of being sent to President Muhammadu Buhari for assent.

    Under the bill, the governorship and Houses of Assembly elections come after the National Assembly poll. The presidential election comes last.

    Senators, who kicked against the bill, said it was self-serving and targeted at the President Muhammadu Buhari’s re-election bid.

    But those in support faulted them, saying it was not the first time in the nation’s history that National Assembly polls would be coming first in the order of elections.

    They noted that in 1979 under military regime, the Senatorial election was held on July 7; presidential election, August 17,  adding that in 1992 the House of Representatives and Senatorial elections were held on July 7; presidential election, June 12, 1993.  In 1999, they said the Houses of Assembly, House of Representatives and Senatorial elections were held on February 20, and presidential election February 27.

    At plenary, Senator Abdullahi Adamu’s argument against the bill was truncated by Senate President Bukola Saraki.

    Adamu led nine other senators out of the chambers to address reporters. The group said the amendment was in bad faith.

    Speaking one after the other, they picked holes in the bill, saying it was skewed against the President.

    They said the amendment was hasty and uncalled for and must not be allowed to stand.

    According to the senators, the bill sought to usurp the constitutional role of the Independent National Electoral Commission (INEC) on the fixing of election dates.

    The senators also faulted the process leading to the amendment.

    They claimed that only 36 of the 360-member House of Representatives passed the bill.

    The number, they said, was not up to the quorum required to pass a bill in the National Assembly.

    They alleged that the conference committee report of the Senate and House of Representatives on the bill was not signed by some members, including Senator Suleiman Nazif (Bauchi North), its chairman.

    Nazif is also the Senate committee chairman on INEC.

    The Adamu group expressed worry over the financial implications of running three staggered elections instead of two.

    The present harsh economic situation in the country can hardly accommodate elections in three stages, the group claimed.

    They argued for the retention of the 2015 order of elections, where the presidential and National Assembly polls were held simultaneously as the first in the sequence.

    In a swift reaction, Nazif, at a separate briefing, told the protesting senators that politics is dynamic, adding that laws are reviewed in line with prevailing circumstances.

    He dismissed the group’s claim that the bill was targeted at the President, saying it was unfair to make such insinuation.

    According to him, the amendment went through due process in both the Senate and the House of Representatives, before it was referred to the conference committee for harmonisation.

    Nazif said the committee, comprising members from both chambers scrutinised the bill and consulted wide before submitting its report.

    Nazif debunked the group’s claim that he did not sign the report.

    He displayed a copy of the bill where he and others signed the document.

    The senator expressed surprise at what he described as his colleagues belated opposition to the bill, saying the amendment was “extensively debated” by the Senate before it was passed.

    Buttressing the action of the committee, which approved the amendment, he quoted Order 87 (c) of the Senate rules which says:

    ”The conference committee shall deliberate only on areas of disagreement between the Senate and the House of Representatives. The conference committee shall not insert in its report any matter not committed to it by either the Senate or House of Representatives nor shall it be in order to strike out from the bill, matter agreed to by the Senate or House of Representatives.”

    To them, there was nothing novel in what the National Assembly did.

    Among the protesting senators are Abu Ibrahim (Katsina South); Ali Wakil (Bauchi South); Abdullahi Gumel (Jigawa North West); Ibrahim Kurfi (Katsina Central); Yahaya Abdullahi (Kebbi North); Binta Garba Masi (Adamawa North); Ovie Omo-Agege (Delta Central); Andrew Uchendu (Rivers East); and Benjamin Uwajimogu (Imo North).

    The senators claimed to be 59 in all, saying others could not join them because they were attending to official matters at other locations.

    Reporters’ request for their full list was not met by the senators by press time.

    One of them, Senator Andrew Uchendu, noted that the amendment was in conflict with Section 132 of the Constitution which gave INEC the power to fix dates for elections.

    The Rivers State lawmaker said the country had enormous problems to contend with and should be spared of additional problems.

    Senator Omo-Agege, who called for division of the House at plenary, was overruled by Saraki.

    He insisted that the amendment was contrary to constitutional provisions.

    Chairman, Senate Committee on Media and Public Affairs, Senator Aliyu Sabi Abdullahi said there was nothing personal about the amendment, adding that it was done in the country’s interest as well as to deepen democracy.

    He said those opposed to the amendment were exercising their democratic right but insisted that the right thing should always be done.

    The National Assembly, Abdullahi said, was working to strengthen the electoral process and  also to ensure the conduct of credible elections in the country.

  • ‘Why we passed Bill demutualising NSE’

    ‘Why we passed Bill demutualising NSE’

    The decision of the House of Representatives to demutualise the Nigerian Stock Exchange was based on the need to make it more attractive to investors by opening up the capital market in line with global best practices, the Speaker, Hon. Yakubu Dogara, has said.

    Dogara, in a statement by his Special Adviser on Media & Public Affairs, Mr. Turaki Hassan yesterday, said the action would make more multinational corporations to get their companies listed, thereby contributing to the development of the economy.

    By implication, the demutualisation of the NSE would bring the ordinary Nigerian closer to benefiting from the nation’s commonwealth, he added.

    Sequel to the adoption of the recommendations of a report by Hon. Yusuf Ayo Tajudeen – headed Committee on Capital Market and Institutions on a Bill for an Act to facilitate the development of Nigeria’s Capital Market by enabling the conversion and re-registration of the Nigerian Stock Exchange from a company limited by guarantee to a public company limited by shares; and for related matters, last week, the Green Chamber demutualised the Nigeria Securities Exchange.

    Dogara noted that the changes made by the House, when concurred to by the Senate is signed into law by the President, it will result in a flexible  governance  structure  in the capital market as well as stimulate the involvement of investors in governance, thereby making it easy to take decisive  action  in  response  to  changes  in  the  business environment where and when necessary.

    Increased access to resources for  capital  investment  raised  by  way  of  equity  offerings  or  private  investment will also be assured, he said.

    Recall that in June 2016, Dogara visited the stock exchange in Lagos where he sounded the closing gong and promised to use legislative tools to reposition the capital market for maximum performance.

    At the time, the Speaker said it was unacceptable for a large chunk of the nation’s resources or capital to be heavily concentrated in the hands of few chief executive officers.

    This, he added, would pose serious threat to the sustenance and survival of democracy as the inequality gap would further widen and the middle class eliminated thereby plunging more people into abject poverty.

    Conversely, deepening of Nigeria’s capital market will enhance wealth redistribution and deliberately allow it to trickle down to the ordinary people as against the practice where multinational corporations repatriate their profits 100 percent to their own countries without investing a dime back to the Nigerian economy, he said.

  • LCCI kicks against NGO Bill

    LCCI kicks against NGO Bill

    The Lagos Chamber of Commerce and Industry (LCCI) has knocked the National Assembly over the draft NGO Bill presently under consideration.

    The bill has in its provision an act to provide for the establishment of a Non-Governmental Organisations Regulatory Commission for the supervision, coordination, and monitoring of non-governmental organisations, civil society organisations and for related matters in Nigeria.

    Its Director-General, Mr Muda Yusuf, in a statement, warned that the proposition has far reaching implications for the advocacy roles and responsibilities of private sector bodies in the country. Revealing some of the provisions of the bill, it stated that all NGOs, national, local international, town unions, associations (etc) in Nigeria must register with the Commission and be licensed for a renewable period of two years. It further stated that all NGOs annual work plan and budgets must be approved by the Commission before implementation and that all assets including motor vehicles used to build the capacity of an NGO must be done through the Commission adding that all organisational vehicles must be branded even in crises prone areas.

    Further provisions of the proposed bill, the statement added, is that the minister can direct the Commission to sanction, punish or withdraw the license of any of the NGO once any organisation does anything against government interest.