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Tag: Bill

  • Pass our bill, disabled persons beg Ogun Assembly

    Physically-challenged persons in Ogun State have appealed to the House of Assembly to quickly pass the People Living With Disability Bill.

    They said this will enhance their chances of survival without resorting to begging.

    They said the bill if passed into law, among other things, would empower the Executive to create a special ministry with a special budget to cater for their needs through payment of monthly stipends.

    The group, which spoke under the aegis of Joint National Association of Persons Living With Disability (JNAPLWD), said its members “don’t want to beg anymore or be seen as beggars again”.

    It urged the lawmakers to expedite action on the bill.

    According to them, the bill was first presented to the House 16 years ago.

    The President of the Ijebu – Ode Local Government chapter, Keshinro Olaitan, spoke at an empowerment programme organised by an All Progressives Congress (APC) House of Representatives member, Kehinde Odeneye.

    Odeneye donated a tricycle  to Keshinro, which was presented by Deputy Governor Yetunde Onanuga at the Dipo Dina International Stadium, Ijebu -Ode.

    Twenty others got tricycles, 40 got motorcycles. Hundreds of sewing machines, domestic gas cylinders, hair dryers, barbers’ tools, power generators and grinding machines were also given out.

    Odeneye, representing Odogbolu, Ijebu – Ode and Ijebu – North East, said the budget was well scrutinised and “controversial” portions expunged, adding that what was left when effectively implemented, would “earn Nigerians the benefits of change”.

    He pledged to do more to empower his people not only those from his constituencies but also for Ogun East Senatorial district – comprising six local governments.

  • Female lawyers fault Senate’s rejection of Gender Bill

    Female lawyers in the country have faulted the decision by the Senate rejecting the Gender and Equal Opportunities Bill‎.

    The lawyers, under the auspices of the International Federation of Women Lawyers (FIDA) Nigeria, accused the Senate of not being women friendly, in view of its alleged penchant for treating feminine issues with levity.

    FIDA, in a statement issued by its spokesperson, Mrs. Inime Aguma urged the Senate to always treat issues that concern women with the seriousness it deserves.

    “There would be no Senate without women. We can no longer afford to have citizens who cannot participate effectively in Governance because of discriminatory practices.”

    ‎The group noted that the Senate rejected the bill at a time when the country’s economy was in ruins and it requires the participation of all her citizenry to nurture the country back to her feet.

    FIDA urged well meaning Nigerians and Civil Society organisations (CSOs) to support the sponsors of the Bill to enable them represent the Bill and ensure its passage.

    “On the 16th day of March 2016,  the second reading of the  bill for Gender Equality and equal opportunities was on the Agenda at the Senate of the Federal Republic of Nigeria.

    ‎”Unfortunately this bill which addressed all discriminatory practices against women was thrown out.

    “No.5 of the Sustainable Development Goals seeks to ‘achieve gender equality and empower all women and girls’.

    “The United Nations in further recognition of the importance of women’s participation in the socio- economic and political activities of any Nation chose the following themes for the International Women’s day and the United Nations consultative forum on women (holding now in New York) respectively to wit:  ‘planet 50-50 by 2030: step it up for gender equality’ and ‘women empowerment and it’s link to sustainable development ‘.

    “These themes are meant to draw global attention on the need by States parties,  to step  up  gender equality and empower all women and girls.

    “FIDA Nigeria has observed that the Nigerian Senate has decided to think differently from the world.

    “First the theme for the International Women’s day was trivialized to mean ‘men taking more than one wife’.

    “Now, the Equal Opportunities bill has been voted down on reasons that bother on religion and traditions underscoring the need to create a level playing field where women are gainfully engaged in Nation building and development.

    “The issue raised by one of the Senators that the Constitution guarantees the Rights of all persons and therefore the Gender Equality bill is not required is an argument that defeats itself.

    “The discrimination suffered by women are peculiar to women and so there is need for specific legislation to protect the girl child and woman from the monstrosity of our Patriarchal system , cultural and religious beliefs.

    “The provisions of the Constitution on human rights is broad based and the Gender Equality bill sought to promote specific legislation that identifies and prohibits all forms of violations specifically, especially as they are not mentioned in the constitution.

    “Women make up to half of the Nation’s population and a continuous violation of their rights affects the development of the Nation and projects Nigeria as one of the under-developed nations in the world.”

    “It is also time that Civil Society organisations act as a watch dog to Government’s inaction and non-implementation of treaties, making government accountable to the society,” the group said.

     

  • Commission seeks support for bill against unsolicited text messages

    The Federal Public Complaints Commission (FPCC) has urged Nigerians to support a Bill in the Federal House of Representatives seeking to discourage unsolicited text messages from network providers.

    The advice was contained in a statement issued last week by the Lagos State Federal Public Complaints Commissioner, Funso Olukoga.

    The Bill being sponsored by Hon. Ali Madaki from Kano aims at sanctioning any GSM service provider sending unsolicited SMS to subscribers.

    Olukoga expressed delight at the effort of the law makers to come to the aid of the mobile phone users in the country.

    He said the Public Complaints Commission had been in the fore front of the campaign to protect the public against the menace of unsolicited text messages.

    The campaign, he said, had been based on the high volume of complaints received from the public on the stress experienced in dealing with unsolicited text messages.

    The Commissioner pointed out that many of the cases in fact turned out to be acts undertaken to defraud mobile phone service subscribers.

    According to the Commissioner, the law makers and regulatory agencies have to come to a point where priority has to be placed on the protection of the fundamental rights of Nigerians on privacy as enshrined in the constitution.

    He said commercial activities that seek to invade their enjoyment of such rights is a violation of their rights under the constitutionm

    Nigerians, he said would be delighted to learn that they would be able to file civil claims against any erring GSM service providers.

    On his part, the commissioner pledged the commitment of the Public Complaints Commission in helping to create enlightenment with the general public regarding their rights under the Bill.

  • Lagos Assembly to initiate bill on health trust fund

    Lagos Assembly to initiate bill on health trust fund

    Lagos State House of Assembly has disclosed that plans are underway to initiate the Health Trust Fund Bill, which if passed into law, will assist in the funding of the state health sector.

    This disclosure was made Tuesday by the Chairman, House Committee on Health Services, Hon. Segun Olulade, when he led other members of the committee on an inspection tour to the Lagos State University Teaching Hospital (LASUTH).

    Olulade who was confronted with several complaints by some of the patients and their relatives, especially as it relates to medical fees, assured the people that his committee is already working on the Health Trust Fund Bill, which according to him may come to place before the end of the year.

    The lawmaker explained that the bill if passed into law by the House and signed by the state Governor, Mr. Akinwunmi Ambode, will allow well meaning individuals, philanthropists, corporate organisations and so on, to willingly donate money to the fund as is being done with the state Security Trust Fund (LSSTF).

    While responding to the issue of shortage of manpower/personnel, Olulade, who is representing Epe Constituency II, promised that the government will look into the issue, promising that more doctors and nurses will be employed across the state’s General Hospitals and Primary Health Centres, so as to reduce the number of patients that visit LASUTH.

    Earlier, some of the patients and their relatives who were on ground when the committee got to the hospital, had commended the staff and health officials of the hospital, but complained that the hospital don’t have enough doctors and nurses to attend to their large number.

    One of the patients, a female who doesn’t want her name in print, complained that drugs are sold to them at very expensive rate, and most times, patients are made to go to pharmacies outside the hospitals to get drugs.

    Olulade, however, who advised that the hospital drugs should be sold at cheaper rates, mandated the hospital management, especially, those in charge of the pharmacies within the hospital to make drugs available for the people and at cheaper rates.

    Some of them also appealed to the committee to assist them in the area of medical bills, which they claimed were always too much for them to bear.

    The committee, after going round all the sections in the hospital, later commended the management of the hospital with the way it is running the hospital.

  • Social Media Bill: An affront on freedom

    The proposed Social Media Bill has caused uproar in various segments of the nation. Activists and social media users have expressed their disgust at the bill which they regard as criminal and barbaric. To show the staunch rejection of the bill, Nigerians took to twitter using the #NoToSocialMediaBill hashtag.

    The bill, being sponsored by Senator Bala Ibn Na’Allah of the All Progressives Congress (APC), attempts to, inter alia, mandate that all petitioners, before making their petitions, get an affidavit from a court of law. Interestingly, the bill has passed the second reading and is left with just one stage before being forwarded to the president for assent.

    The reaction of the Presidency is quite relieving and comforting on the matter. President Muhammadu Buhari has shown once again that he is law abiding and well aware of the fundamental rights of the citizen. He has declined any connection to the draft bill and assured Nigerians that the bill, if passed, will never get his assent. This is as clarified by the Senior Special Assistant on Media and Publicity to the President, Mallam Garba Shehu, who reportedly said: “The President won’t assent to any legislation that may be inconsistent with the constitution of Nigeria”.

    Unfortunately, this comforting news may not be comforting on the long run. The bill even without the assent of the President can still be passed to law. According to Section 58(5) of the 1999 Constitution, “Where the President withholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the President shall not be required”. This provision gives the legislature the power to turn the bill into law even without the president’s approval. Hence, it seems to me that the President might not be all that is needed to be on the people’s side to win this war.

    Luckily, there is one entity that is bigger than the president, the National Assembly, and even the citizen as a whole. And then, our constitution. Interestingly, whoever this document supports wins every battle he engages in within the realm especially when such battle is connected to the provisions of chapter four of the document.

    A survey of this document is thus important at this moment, a task that this legal piece is orchestrated to embark on.

    Pursuant to Section 39(1) of the 1999 Constitution, “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference”. This provision gives every person the right to “speak and hear” information. The necessary words of this section in this situation we found ourselves are “without interference”. Everyone is free “to speak and to hear” without interference.

    The phrase “without interference” has received judicial clarification in the case of Tony Momoh v. The Senate to mean that nobody can be compelled to reveal the information (and its source) which he holds. In that case, Mr Tony Momoh, the then editor of the Daily Times published an article about senators lobbying for contracts from the executives. He was then summoned by the Senate Committee of Inquiry to disclose the source of his information. The court held that disclosure of his source will be a violation of his freedom of expression and that except the need for the source overrides this right, he cannot be compelled to disclose such.

    Also, in the case of Oyegbami v. A.G. Federation, the court posited that “no person, be he an editor, reporter, or publisher of a newspaper can be compelled to disclose his source of information for any matter published by that person and non-disclosure cannot be contempt of court”.

    From the foregoing, it has been established that the draft bill negates the dictate of section 39 and therefore inconsistent with the constitution.

    The constitution is the most powerful legal document and pursuant to Section 1(3) of the constitution, “If any other law is inconsistent with the provisions of this constitution, this constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.”

    The passage of this bill is, therefore, an act in nullity and the National Assembly is beckoned upon to strike it out.

     

    • Sodiq is a Law student, UNILAG
  • Ambode signs N25bn ETF bill into law

    Ambode signs N25bn ETF bill into law

    Governor Akinwunmi Ambode of Lagos State on Tuesday signed into law the N25 billion Employment Trust Fund (ETF) bill, aimed at tackling the high rate of unemployment in the state.

    Ambode said at the Lagos House, Ikeja, that the signing was a milestone of his administration to tackle the challenges of unemployment through granting of soft loans to individuals for the purpose of making them self-employed, to create wealth.

    He said one of the promises he made to residents during his campaign was to set up an ETF scheme to address the challenges of unemployment in the state.

    “Each year, the state government will inject N6.25 billion into the fund for a period of four years, making it N25 billion cumulatively,” he said

    According to him, a board of trustees will be announced in due course to manage the fund.

    He said that members of the board would be outside the purview of government.

    The News Agency of Nigeria (NAN) reports that Ambode, in November 2015, sent the ETF bill to the State House of Assembly for approval.

    The fund is aimed at transforming employment creation in the state over the next four years.

    It will be administered as soft loans to bona fide residents of the state who desire facilities between N100, 000 and N1 million or more.

    The fund will be administered through an independent Trust backed by an efficient structure that will disburse the funds.

    The Ministry of Wealth Creation and Employment, created in June by the governor, will oversee the affairs of the scheme, while the funds will be channeled through the state’s micro-finance institutions.

    About one per cent interest rate will be charged on the loan to take care of administrative expenses.

  • The Senate Media Bill

    •It harks to Neanderthal times and should get the “dead on arrival” treatment

    To those who thought that the Newspaper (Amendment) Act of 1964, the Public Officers (Protection Against False Accusation) Decree No. 11 of 1976 and its derivative, Decree 4 of 1984, had been consigned to the footnotes of a dark era in Nigeria’s history, the Senate has sent a chilling warning:  Not so fast.

    It is proposing, under the rubric of “A Bill for an Act to Prohibit Frivolous Petitions and other Matters connected therewith” a law that would incorporate the sanctions of the obnoxious enactments aforementioned to punish persons who, according to its sponsor, Ibn Na’Allah (APC, Kebbi South), file “frivolous petitions” against other persons or institutions, and thereby thus cause the government to waste valuable time and resources conducting needless investigations.

    The Bill, which has passed its second reading in the Senate, has several strands.

    The first strand generally makes it an offence, punishable by a jail term of two years or a fine  of N4 million, to publish in any medium an allegation or statement or petition with intent to discredit or set the public against any persons, groups or institutions of government

    The second is aimed specifically at social media.  It criminalises the transmission with knowing falsity on any social media platform any abusive statement intended to set the public against persons or groups or legally established institutions.  The penalty on conviction is a two-year jail term, or a fine of N2 million, or both.

    Under the third strand, submitting any petition or complaint designed to set off any inquest or investigation is punishable by a jail term of six months, unless the petition is backed by a signed affidavit.

    The fourth strand provides that anyone who uses, or causes to be used any petition not backed by a sworn affidavit confirming the content to be true and correct stands on conviction to be jailed for two years and to pay a fine of N200,000, or both

    Deliberate publication of falsehood, especially injurious falsehood, betrays a fundamental obligation of journalism:  To provide a truthful and accurate account of the day’s events.  Even when they are engaged in monitoring the use and abuse of power and privilege, as they are enjoined to do, the media must not wantonly impugn the reputation and credit of those they report on.

    Those who feel aggrieved when the media beam the searchlight on them can always seek redress through the laws of defamation.  That process is not perfect.  But it is the one that has served democracy best.  Any other recourse is subversive of the freedom of the press, which is in the final analysis to the right to impart and receive ideas and information, and also implies the right to learn and to know.

    These rights belong to the public. They define what it means to be a citizen.

    In seeking to abridge or constrain them, the Bill before the Senate is in fatal collision with Section 22 of the Constitution, which consecrates the right of the media to uphold the duty and accountability of the government to the people.

    Faced with widespread condemnation of the Bill, a spokesperson for the Senate, Aliyu Sabi, says the whole thing had been misunderstood and that its real objective is to protect all individuals and institutions, including journalists and users of the social media.

    This is pure subterfuge.  The real intent of the Bill is to protect public officials and institutions from public scrutiny by emasculating the media.  It serves no public purpose whatsoever.  There is no redeeming value to it, just as there was no redeeming value to the 1964 Newspaper (Amendment) Act, Decree 11 of 1976, and Decree 4 of 1984.

    It is reassuring that the House of Representatives has disavowed this obnoxious Bill.

    It is immeasurably more reassuring that President Muhammadu Buhari, who promulgated the infamous Decree 4 when he was military Head of State, has made it clear that if a Bill with the contours of the one now before the Senate gets to his desk, it will be given the “dead on arrival” treatment.

  • Boko Haram:  Bill on NE Development Commission scales second reading 

    Boko Haram:  Bill on NE Development Commission scales second reading 

    The House of Representatives has set in motion machinery for the establishment of Northeast Development Commission that will cater for the region’s developmental initiatives.

    A bill seeking the establishment of the Commission sponsored by Speaker Yakubu Dogara scaled second reading yesterday.

    According to Dogara, the commission would be responsible for receiving and managing funds from the Federation Account allocation for the Northeast States of Adamawa, Gombe, Borno, Yobe, Taraba and Bauchi.

    In addition, it will focus on the development of States in the region as well as shoulder responsibilities of managing international donor funds for settlement, rehabilitation and reconstruction of roads, houses and business premises of victims of insurgency.

    House Leader, Femi Gbajabiamila, Minority Leader, Leo Ogor, Deputy Whip,  Pally Iriase as well as Mohammad Monguno and Uzoma Ike Abonta among other spoke in favour of the bill.

    The bill was unanimously passed when it was put to a voice vote by the presiding officer, Deputy Speaker Yussuff Lasun.

  • Benue proposes a bill for ranches

    Benue State Executive Council has proposed a bill for the establishment of ranches by cattle owners to reduce conflicts between farmers and herdsmen.

    Special Assistant to Governor Samuel Ortom on Media and Information Communication Technology (ICT) Mr. Tahav Agerzua, in a statement, said the governor disclosed this when the Air Officer Commanding, Tactical Air Command of the Nigerian Airforce (NAF) Base, Makurdi, Air Vice Marshal R. A. Ojuawo paid him a visit.

    Ortom was quoted to have stated that when passed into law, the ranches would forestall the incessant clashes between farmers and herders in the state.

    “Governor Ortom said the initiative would be a permanent solution to the age-long conflict, adding that the establishment of ranches remained the best practice for cattle owners across the world.

    The governor, who expressed appreciation to the Nigerian Air Force for maintaining a cordial working relationship with the government and people of the state over the years, urged the officers and men of the command to help his administration to tackle the insecurity challenges confronting the State.

    Governor Ortom stressed that his government has taken proactive measures, including the declaration of an amnesty programme to recover illegal arms in the state in order to create a conducive environment for investment to thrive.

    Earlier, Air Marshal Ojuawo requested the governor to take proactive steps to sustain security in the state and explore the possibility of commencing flight operations from Abuja to Makurdi at least three times in a week.

    He expressed the resolve of the NAF BASE in Makurdi to continue to discharge its responsibilities creditably and requested the governor to visit the Command to see things for himself.

    Governor Ortom also hosted the Assistant Inspector-General of Police, Mr. Yahaya Garba Ardo, the management of the University of Mkar, Graduate Internship Scheme of the Benue SURE-P, former staff of Taraku Oil Mills as well as the management of Jos Electricity Distribution Company.

     

     

     

  • Petroleum Industry Bill: So near, yet so far

    Petroleum Industry Bill: So near, yet so far

    Given the far-reaching reforms it will bring to the lifeblood of the economy – the petroleum industry – the Petroleum Industry Bill (PIB) is arguably the most talked-about legislation in the country. Yet, the bill could not leave the legislative oven since December 2008. But, the Eighth National Assembly has promised to give it another shot. Assistant Editors Onyedi Ojiabor and Victor Oluwasegun chronicle why the Sixth and Eighth Assembly could not see the bill through.

    WHAT PIB WILL DO

    • Create a conducive business environment for petroleum operations.

    • Enhance exploration and exploitation of petroleum resources for the benefit of Nigerians.

    • Optimise domestic gas supplies, particularly for power generation and industrial development.

    • Establish a progressive fiscal framework that encourages further investment in the petroleum industry while optimising revenues accruing to the government.

    • Deregulate and liberalise the downstream sector Create efficient and effective regulatory agencies.

    • Promote transparency and openness in the administration of the petroleum resources.

    • Promote the development of Nigerian Content in the petroleum industry.

    • Establish commercially-oriented and profit- driven oil and gas entities.

    After tossing it forth and back for eight years without getting it through the legislative process, the National Assembly is to revisit the Petroleum Industry Bill (PIB). Many wonder what a complacent Senate and a grandstanding House of Representatives did to the PIB between 2008 and 2015

    For what could best be described as parochial and selfish interests, the Sixth and Seventh National Assembly failed to see the Bill through, even after scaling the second reading in both chambers of the National Assembly.

    The bi-cameral legislative house attempted to fly with a wing, when on June 4, a day before the Seventh Assembly wrapped up its session, the Green Chamber passed the PIB. Without the Red Chamber’s concurrence, the passage of the PIB by members of the House of Representatives was of no effect, null and void.

    Senate President Bukola Saraki has hinted of plans to reintroduce the PIB for fresh consideration. Saraki was part of the Seventh National Assembly that passed a flurry of bills on June 3 and curiously, the PIB was missing on the list of 46 bills that were passed in a jiffy.

    In his valedictory speech, Saraki’s predecessor, Senator David Mark, who presided over the Sixth and Seventh Assembly, lamented the non-passage of the PIB. He admitted that the upper chamber could not meet all the targets that it set for itself.

    “….as much as we tried, we did not meet all the targets we set for ourselves. For instance, we were not able to pass the PIB and our constitutional amendment is stalled,” Mark said in the farewell message.

    The PIB began its journey to the National Assembly in 2008 when the late President Umaru Yar’Aduait forwarded it as an Executive Bill for consideration.

    It has been designed by its promoters as a regulatory framework to improve the petroleum industry  with the introduction of transparency and accountability.

    With transparency and accountability provisions, the presidency believed the country’s oil sector environment will be sanitised and play its role as the lifeblood of the economy.

    But, the PIB has been in limbo for eight years with the original 2008 Presidency submission (HB 159), another submission in 2010 by the Federal Inter-Agency Team, and what had been dubbed,  “the weakened 2011 Senate version” of the bill (SB 236).

     

    Stormy beginning

     

    Geopolitical and ethnic divide, bickering and suspicion, have been the bill’s undoing. Senators and House of Representatives members from the southern part of the country wanted the bill passed expeditiously but, majority of their northern colleagues viewed the document as offensive and one aimed at appropriating more funds to oil-bearing communities.

    Some northern lawmakers opposed to the PIB did not only ask what benefits were in it for their constituents. They believed the bill was initiated for the sole benefit of oil-producing states, which they believed, were having more than a fair share of the national cake.

    Analysts have described the PIB as the only way to fully maximise the benefits accruable in the oil and gas sector.

    Going by the contents of the PIB as proposed by the presidency in December 2008 and represented on July 18, 2012, a conducive environment would have been created for petroleum operations and it would have enhanced exploration and exploitation of petroleum resources for the benefit of Nigerians.

    Ahead of today’s resumption of the National Assembly, Saraki has assured that the Eighth Assembly will accord the PIB priority.

     

    The ambitious oil and

    gas sector bill

     

    Those familiar with the oil and gas sector believe the PIB is an ambitious attempt to comprehensively reform the petroleum sector. The larger-than-life image of the bill has stimulated extensive public discourse for and against.

    The reason for the sweeping interest in the bill is simple – it is panacea to nation’s myriads of woes in the oil sector. Some see the PIB as a one-pill-fixes-all kind of legislation that will take the nation to a financial Eldorado, smoothen all the rough edges, assuage the oil producing communities and provide a level playing field for stakeholders in the sector.

    For a country that derives over 90 per cent of its earnings mainly from oil proceeds, the huge interest triggered by the PIB is quite understandable.

    It is a combination of 16 local petroleum laws rolled into a single bill and designed to provide a transparent administration by substantially removing confidentiality, which in turn, breeds corruption in the system.

    Some argue that the PIB will provide good governance in the oil and gas sector, streamline and strengthen petroleum administration, simplify the collection of government revenue, provide higher revenue from deep offshore oil production, encourage small field development and increase activity through modern acreage management.

    Besides, the bill will provide a new role for the Nigerian National Petroleum Corporation (NNPC) by changing it from a seemingly government department to a self-financing and a profit-oriented corporate entity. It will also create Incorporated Joint Ventures (IJV) to mitigate the shortage of funds and provide support for the National Oil Company (NOC) to finance new projects, especially new oil and gas field development in shallow and deep water.

    The PIB also has a provision that only projects with a comprehensive Nigeria Content Plan (NCP) will be approved for implementation.

    The implication of the NCP is that investors, amongst other factors, must not only hire Nigerians, they must also train and educate them.

    “An investor must follow procurement guidelines to ensure local companies are factored in, and verify regularly the Nigerian Content Plan as well as be fully involved in Research and Development,” analysts said.

     

    Unnecessary delay

     

    Despite its importance to the nation’s financial health, the Sixth and Seventh National Assembly could not pass the PIB into law.

    Stakeholders put the blame on the doorstep of the Seventh National Assembly, where buck-passing was the order of the day.

    While the Seventh Senate merely sniffed at it and allowed the document to gather dusts on the shelf after its joint committee on Petroleum (Up and Down Stream) submitted its report on the bill, the Seventh House of Representatives went a step further to raise a 23-member ad-hoc Committee on the bill under the chairmanship of the then Chief Whip, Mohammed Isiaka Bawa.

    After a two-year hiatus, the report resurfaced in the twilight of the House session and its members passed it in a controversial circumstance. Some said the action, on the eve of the expiration of their tenure, was  just to fulfill all righteousness.

    Not long after it was read on the floor of the Senate, allegations of bribery hit the upper chamber. Some Senators were taken on an all-expenses-paid trip to Ghana by the International Oil Companies (IOCs).

    A lot of things allegedly happened in Ghana. There was an allegation that the trip was organised to induce the senators to either jettison the PIB, or to considerably water down its contents.

    The ‘Distinguished’ senators preferred the latter, which apparently gave rise to the weakened version of the PIB being allegedly smuggled into the National Assembly. The senators denied the allegation. They said the Ghana trip was in the best interestof the country. But the bill never saw the light of the day before they served out their term on June 5.

    There was also another allegation that federal lawmakers were demanding for gratification to pass the PIB from the NNPC and its parent petroleum ministry.

    Leo Ogor, the former House of Representatives Deputy Majority Leader denied the allegation.

    He said: “I’m not aware that anybody is asking anybody for a dime. You don’t need anybody to give you a dime to do your job.

    “Our oath of allegiance is to the Constitution of Nigeria, vis-à-vis the fact that we are lawmakers. So, if somebody is going to be asking for money before doing his own job, then that is an aberration. I doubt it sincerely. I hope it’s not some kind of cheap blackmail.”

    On October 16, 2014, the then spokesman of the 7th House, Zakari Mohammed countered the PIB cash-for-passage allegation. He debunked claims that “unseen hands” were dishing out money to make the presentation of the PIB report impossible.

    His words: “We (Representatives) don’t give credence to rumours. The PIB is a very sensitive legislation. A number of issues have come up with political and zonal connotations, there are no unseen hands stalling the presentation of the PIB report.

    “The PIB is ready and it is just a matter of presentation. The PIB will change the workings of Nigeria’s oil and gas sector and also generate employment.”

    Mohammed’s insistence that the report of the ad-hoc committee was ready for presentation notwithstanding, it took the House more than seven months to revisit the bill for debate.

    After waiting endlessly, former Speaker Aminu Tambuwal  had at plenary, gave the Bawa-led committee a 21-day ultimatum to complete work on the piece of legislation and submit its report. The ultimatum failed to make the committee submit its work.

    Agitated Nigerians wonder why it took the House ad-hoc panel so long to put up a report after conducting  regional public hearings held in all the geo-political zones across the country and another technical committee raised by Tambuwal.

    The passage of the bill by the two chambers was further hampered by  contentious clauses in the bill, which divided the lawmakers along geo-political and ethnic lines.

    Most of them felt clauses were not beneficial to their zones. Heated debates on the floor of the two chambers, more often than not, forced long adjournments.

    For instance, southern and northern lawmakers were at variance over what percentage of national funds should go to certain projects in their areas.

    The 10 per cent Petroleum Host Community Fund provision was so contentious that lawmakers from the north dubbed it creation of another Niger Delta Development Commission (NDDC).

    The contentious Clause 127(1) of the document states that: “Each Up stream Petroleum Company shall remit on monthly basis 10 per cent of their net profit to the host community while Clause 126(1) states that the fund is to be “utilised for the development of the economic and social infrastructure of the communities within the petroleum producing communities.”

    Northern members of the National Assembly opposed the two provisions and sought for their deletion. For them, the provision of infrastructure in the oil-bearing communities was already provided for in the NDDC Act.

     

    Nigerians as

    unwilling casualties

     

    For as long as the delay in the passage of the PIB drags on, Nigerians are continually stripped of benefits that would have accrued to them through a more vibrant petroleum sector.

    Stakeholders like oil-bearing communities, local investors and the Federal Government are all missing out due to the non-passage of the bill.

    The PIB Local Infrastructural Development and Maintenance Guidelines mandates oil and gas companies to, of a necessity, consult with host communities in the development infrastructure.

    Besides, oil and gas companies are also directed to ensure the provision of skill acquisition and training programmes and educational support for their hosts.

    The purpose is to give the communities a sense of belonging and not excluded from employment opportunities in the oil and gas sector as they would have acquired the technological-know-how to function maximally in the operational segment of the companies domiciled in their communities.

     

    Fifth columnists

     

    Who benefits most from the non- passage of the PIB?  Who is afraid of the passage of PIB? Why are the IOCs and some multi-national companies against the bill?

    To the IOCs, the fear of the provision of a new tax regime in the PIB is the beginning of wisdom. The IOCs feel that the new regime will force them to pay extra both to the host communities and the Federal Government. They feel that will raise their production cost. The IOCs are also opposed to some aspects of the Local Content provisions.

     

    Expectations from the

    Eighth Assembly

     

    The assurance by Senator Saraki when he hosted a coalition of Civil Society Organisations (CSOs) on June 15, that the new Assembly will treat the PIB with dispatch, has given a glimmer of hope.

    During the visit to the Senate President and House of Representatives Speaker Yakubu Dogara, the CSOs underscored the need for Saraki and Dogara to ensure the passage of the PIB.

    Both leaders of the chambers  gave their commitments.  But, only time will tell how far such commitments will go. One fact that is indisputable is that the country is losing huge revenues to the non-passage of the PIB. The illicit and unwholesome practices in the oil and gas sector of the country’s economy can beciome a thing of the past only if and when the loopholes in the oil and gas sector are blocked.  The PIB – if passed – remains the only pill to heal the oil and gas sector.