The Nation Newspaper

Tag: enforcement

  • INEC committee wants prosecution, enforcement department

    INEC committee wants prosecution, enforcement department

    Independent National Electoral Commission (INEC)  Committee on Management of Election Petitions (COMEPET), has recommended for the establishment of  a prosecution and enforcement department in the commission.

    This according to the committee will ensure the prosecution of electoral offenders pending the establishment of the electoral offences commission.

    The committee was inaugurated on the 16th of September 2015, and headed by Barrister Kassim Gaidam.

    Gaidam said that “the prosecutorial powers of the Commission be strengthened and a department of Prosecution and Enforcement be created pending the establishment of Electoral offences Commission”.

    The INEC Chairman, while commending the hard work and meaningful recommendations contained in the report, pointed out that the job of arresting, investigating and prosecuting electoral offenders might be far too stretching for the Commission.

    He said: “Whatever the Commission needs to do in the interim, we will. I am also happy that you recognized that the long term solution is to relieve the Commission of the responsibility of prosecuting electoral offenders, which in some cases may include INEC staff. It is very odd to prosecute ourselves. The other constraint that we can’t arrest, we can’t investigate but we are asked to prosecute. If we don’t properly investigate, at prosecution the case may be thrown out.”
    The INEC Chairman observed that:  “Part of the reason why we have so much litigation is the conduct of the election itself.  Politicians hardly accept defeat and because they don’t accept defeat they end up in court.”

    He expressed delight that the report was coming at a very important time for the Commission, with the spate of nullification of elections and the upturning of elections.

    According to him, “There were issues arising from some of the judgments and I like some of the recommendations from the Committee. A number of things you have raised touch on what we are looking out for the future of the Commission: we need amendments to Guidelines, the Constitution, to the Electoral Act (2010 as amended).”

    He assured the Committee that the Commission under his leadership would expeditiously implement the recommendations contained in the report.

    Also, the meeting between Civil Society Organsiations (CSOs)/ media
    and the Commission called for the setting up of electoral offences tribunal.

    The meeting agreed that in order to stem the spate of violence, the CSO and the media called for the setting up of electoral offences tribunal and the speed enforcement of its legal provisions.

    It is on record that no politician has been prosecuted since the return of democracy in 1999. However, over 200 persons were said to be facing trails over various electoral offences before the conduct of the 2015 general elections. Though no notable politician is on the list.

  • Petrol new pump price: DPR begins enforcement in Plateau

    Petrol new pump price: DPR begins enforcement in Plateau

    The Department of Petroleum Resources (DPR) has begun to visit filling stations in Plateau to ensure that major and independent marketers comply with the new pump price of N86.50 per litre as directed by the Federal Government.

    The News Agency of Nigeria (NAN) reports in Pankshin that officials of the department are currently visiting the central and southern zones of the state to ensure total compliance.

    The department’s team Leader and Human Resources Assistant, Mr Habib Yahaya, told NAN in Pankshin on Saturday that it was useful for both major and independent marketers to comply with the new pump price.

    “All NNPC Mega Stations are expected to sell the fuel at a pump price of N86.00 per litre while major and independent marketers are suppose to sell at N86.50 per litre.

    “Anything above these two official pump prices would attract serious sanctions from our department, ’’ he said.

    Yahaya expressed concern about the attitude of some of the independent and major marketers who he accused of avoiding them.

    “When they heard we are coming they quickly closed down and run away from the filling station so that we could not check the volume of what they had in stock,’’ he observed.

    Yahaya called on the public to alert DPR of any erring filling station that would not sell at the official pump price of N86.50.

    “This because we are aware that most of the operators of these filling stations revert to old prices of their choices whenever we are out of their domain, ’’ he said.

    The DPR official warned that any filling station caught flaunting the directive of the government would face the wrath of the department.

    He pledged that the DPR would do all it could to ensure that motorists and commuters were not subjected to hardships.

  • Group seeks enforcement of migrants’ rights

    Group seeks enforcement of migrants’ rights

    A group, the Network of Migration Research in Africa (NOMRA), has called for the enforcement of the rights of migrants, both regular and irregular ones.

    It urged the media to put more effort in reporting issues of migration.

    These were contained in a communiqué issued at the end of a two-day training for media practitioners organised by NOMRA in Lagos.

    The group said media houses should have immigration desks to adequately cover migration issues.

    Story ideas were explored at the training, including the need to highlight conditions of Internally Displaced Persons (IDPs) and their camps, state of Nigerians in prisons abroad, executions in foreign countries without fair trial, state of embassies abroad, among other rights abuses of, and by, migrants.

    The training was part of the European Union (EU) funded “Promoting Better Management of Migration in Nigeria”.

    The project aims to contribute towards improved migration governance.  It is jointly implemented by the International Organisation for Migration (IOM) and United Nations Office on Drugs and Crime (UNODC) with a focus to manage regular and irregular migration.

    Key activities include building capacity of government officials to collect data,  engage diaspora, protect migrants’ rights and welfare, strengthen Civil Society Organisations (CSO) involvement in the migration sector, and formulate national-level policy and strategy.

    Activities also cover major technical areas such as improvement of border management, migrant screening/holding centres, visa policies and procedures and overall approaches to training of government staff working in these areas.

    The project is implemented in close collaboration with several key Nigerian partner agencies including the Federal Ministry of Labour and Productivity, National Bureau of Statistics (NBS), National Commission for Refugees Migrants and Internally Displaced Persons (NCFRMI), National Population Commission, Nigeria Immigration Service (NIS) and Nigeria National Volunteer Service (NNVS).

    Among others, the project has supported the establishment of a Technical Working Group (TWG) on migration and development comprising government representatives, the civil society and the academia.

     

     

     

  • Enforcement of speed limiters begins next month, says FRSC

    Enforcement of speed limiters begins next month, says FRSC

    If the words of the Corps Marshal of the Federal Road Safety Corps (FRSC), Boboye Oyeyemi, are anything to go by, the enforcement of speed limiters in vehicles will begin next month.

    By the regulation, commercial vehicle operators must ensure that any vehicle plying the nation’s highways is fitted with the speed limiting device.

    Oyeyemi was speaking yesterday while  opening the maiden edition of the annual recertification and retraining programme organised for tanker/trailer drivers at Orile Iganmu, Lagos.

    The Corps Marshal said: “Let me restate that the enforcement of the regulation would be vigorous, total and non-compromising. It is our belief that with the use of speed limiting device, cases of speed related crashes in the country would be reduced drastically.”

  • Task Force swoops on Okada riders as Lagos begins enforcement

    Task Force swoops on Okada riders as Lagos begins enforcement

    Lagos State Task Force on Environmental and Special Of-fences Unit has begun the enforcement of the ban on commercial motorcycle (otherwise known as okada) and tricycle operation on major highways and bridges.

    The enforcement, which is coming six days after the expiration of the deadline barring them from major highways and bridges, caught many  operators unawares.

    A source at the state’s Task Force on Environmental Sanitation and other Offences, a detachment of the state Police command, confirmed that the enforcement began last Wednesday.

    The source said the men are working morning and night to ensure that defaulters are brought to book. He said major roads and bus stops such as Oshodi, Mushin, Ojota and others are being heavily policed to apprehend those who might break the law.

    The source, who spoke on condition of anonymity because he was not entitled to speak on the issue, said the enforcement will continue until otherwise directed by the governor.

    He said: “The governor gave three weeks notice to these people to leave all non approved roads and bridges and we have started the enforcement in full. Even those operating in non restricted areas must put on their crash helmet. No one is allowed under the law to put a commercial motorcycle on the road without a crash helmet, and the passenger must also be provided for. Anyone caught would be prosecuted in accordance with the law.”

    Last weekend many major roads and highways witnessed a heavy presence of men of the state’s Task Force.

    On Agege-Fagba road, one of the roads barred by the law, okada riders were seen riding against the traffic and branching into side streets to avoid the Policemen, who positioned themselves  at the Jungle bus stop junction.

    The Lagos Traffic Law, enacted in 2012, restricted motorcyclists and tricyclists to only 475 out of the 9100 roads in the state. It also barred them from all bridges.

    All operators, according to the law, must wear standard crash helmet and provide same for their passengers. They are also barred from carrying more than one passengers, carrying children and/ or expectant mothers and must not operate beyond 8 p.m on Victoria Island, Ikoyi and Ikeja, and must not go beyond 10pm in other parts of the state.

    Governor Akinwunmi  Ambode had on June 25 given the motorcycle union leadership 21days to enlighten their members on the enforcement of the law, which comes with a forfeiture of their motorcycles and a three-year jail term for offenders.

    The jail term could, however, be commuted to community service.

    Most motorcyclists, who spoke with The Nation, said they were unaware of the  deadline and called on the governor to give them more time.

    A commercial motorcyclist, Audu Jamiu, urged the government to leave the okada riders alone as their operations have become the source of livelihood for a sizeable population of youths. ‘

     

     

  • Enforcement of law on okada, tricycle begins

    Enforcement of law on okada, tricycle begins

    Are you a commercial motorcyclist (okada) or tricyclist? Do you know that you risk a three-year imprisonment and the forfeiture of your vehicle if caught riding on prohibited roads and bridges in Lagos State?

    From today, it is an offence to ride without a helmet (for bicycle riders), or to ride on unapproved roads – such as highways and bridges – as enforcement of the Traffic Law begins.

    Governor Akinwumi Ambode on June 25 gave the leadership of the two unions 21 days to educate their members on the need to leave the roads or face prosecution. The ultimatum expired last Thursday, but was extended to Tuesday because of the Sallah holidays.

    According to the law, penalty for riding against traffic or on prohibited routes is three-year imprisonment, which may be commuted to community service and the forfeiture of the vehicle.

    A Ministry of Transportation (MoT) source said the government is ready to enforce the laws and would give the unions or operators no further notice.

    He said the government is angry at the impunity with which cyclists and tricyclists flout the laws guiding their operations.

    The Police and other security agencies, he said, had been adequately briefed to begin enforcement immediately the deadline expires.

    No further awareness would be made to prevent the operators from ganging up to thwart government’s efforts,the official said.

    He said though the motorcyclists have a right to engage in legitimate business, such must be done in accordance to the law.

    He said: “Government, realising their values and contributions to the economy, had decided that rather than an outright ban of motorcycles as a means of transportation as other states have done, their operations must be restricted to 475, out of the 9,100 road networks.”

    In line with Section 3 and Regulation 16 sub-section (4), (5), and (6) of the Road Traffic Law, commercial motorcycles are restricted from 475 of the 9,100 road networks in the state and must always wear standard crash protection helmet, and ensure same for his passenger.

    They are also banned from carrying more than one passenger, children or pregnant women. They must not operate okada beyond 8pm in Victoria Island, Ikoyi and Ikeja and beyond 10pm in other areas of the state.

    They are also barred from riding on the kerb, median or road setbacks or on opposite direction of traffic, or in any direction prohibited by law and to respect traffic laws and regulations.

  • ‘Regulatory compliance needs enforcement’

    ‘Regulatory compliance needs enforcement’

    A Lagos-based lawyer, Mr Msoo Dio, has called for better enforcement of regulatory requirements in the consumer goods sector to improve compliance.

    He said despite the government’s efforts at enforcement, issues of non-compliance persist.

    “The government is trying in the area of regulation. Unfortunately, there are issues of non-compliance. People still bypass these regulations,” he said.

    Dio spoke in Lagos after his firm, Msoo Dio & Co, announced its partnership with CISF Private Solutions Ltd, Lisbon, Portugal, at a meeting with the company’s Chief Operating Officer (COO) Samuel Piers, who represented its Chief Executive Officer, Estevao Bernadino Auguusto.

    The commercial law firm, which also practices in the area of sale and carriage of goods, will provide legal services to the Portuguese exporting company which is seeking to enter the Nigerian market.

    It will, among others, advise CISF on regulatory requirements for its range of wine and olive oil imports and distribution.

    “Our role will be to oversee the regulatory issues involving the products, services and goods that will be exported by CISF into Nigeria. Our role will extend to promoting those products and services to the needed buyers and consumers. We’ll oversee issues of advertisement, trademark, and the competition.

    “As their agents, we’ll will get the buyers and advise the company on service providers. The company’s CEO is an actively practicing lawyer too. Our knowledge of business brought us together. The main issues that drive some of these businesses are within the core areas of commercial law, such as trademarks and regulatory compliance. This is just a very minute offshoot of commercial law practice.

    “I and my firm will deliver quality service aimed at ensuring that quality goods and services enter into the economy.

    “The economy will be strengthened and that will make us happier. We are going to ensure the company complies with regulatory requirements,” he said.

    Dio hopes the partnership would boost the business relationship between Nigeria and Portugal.

    “Portugal was the first European country to land on the African soil. As early as the 14th century, the Oba of Benin had an ambassador in Portugal. By then the country was trading on the coast of West Africa and they were the last people to leave. I think they can still rekindle the old ties as they enter the Nigerian market,” Dio said.

    Piers said CISF exports to countries such as Brazil and Angola and is also into construction.

    “CISF believes that Nigeria is the biggest market in Africa. It’s a very traditional company in the transportation of merchandise and export going back t 1942 when it was founded by the current CEO’s grandfather.

    “The partnership will grow the wine market and introduce Portuguese wines which are not already present in Nigeria. Nigerians will get to taste a different kind of wine. With this partnership with Mr Dio, I am sure we can trust Nigeria’s legal systems and regulations.

    “We are ready to go through the processes – trademark and NAFDAC registrations, as well as incorporation. CISF is a very versatile company, so if the opportunity arises in the engineering and construction sector, we’ll participate,” he said.

    Also at the meeting held at the Southern Sun Hotel, Ikoyi, were Mr Tony Odiadi and wife Jacqueline, who are consultants to the transaction.

     

  • NIA pledges enforcement of insurers’ market agreement

    NIA pledges enforcement of insurers’ market agreement

    The Nigerian Insurers Association (NIA)  would soon enforce market discipline by encouraging peer review among member companies with a view to aligning the market practice with international best practices.

    This was disclosed by the newly inaugurated Chairman of the association, Godwin Wiggle at the ceremony marking his investiture as the 21st Chairman of the NIA, where he highlighted his vision for the association.

    The association, he said, has commenced the implementation of a market agreement as a way of checking ethical breaches, promoting discipline and improving service standard in the market.

    NIA market agreement, which stipulates infractions and penalties for inadequate pricing of risks, was signed by all the chief executive officers of NIA member companies in 2009, but it there are signs that members may have dumped the agreement because most of them don’t abide by it. No company has been sanctioned for failing to abide by the agreement even when companies break it.

    Wiggle said Nigeria has the comparative advantage in the production of oil and gas, therefore, the association will fast-track the process of re-establishing the oil & gas insurance pool to allow the industry reap the full benefit of the Nigerian Content Act.

    He also said the association will sustain the current effort at addressing those laws that are militating against the growth of the market, noting that the Companies Income Tax Amendment Act (CITA) 2007, amongst others, readily comes to mind.

    Wiggle further stated that the association is appreciative of the efforts of the National Insurance Commission (NAICOM) in promoting micro-insurance to deepen insurance penetration in Nigeria.

    He said: “My administration will take up the challenge of micro-insurance by encouraging member companies to institute corporate structures that will ensure the success of the initiative.

    “We will also reach out to other regulators in the financial services sector whose oversight functions impact on our business. We will increase the support for the technical committees of the Association with a view to realising their potentials, which will be harnessed for the achievement of the overall goals of the Association while strengthening the cordial relationship that exists with other arms of the industry.”

    President, Nigerian Council of Registered Insurance Brokers (NCRIB), Ayodapo Shoderu, in his goodwill message delivered by his Deputy, Kayode Okunoren, said the emergence of Wiggle as NIA Chairman will usher in the envisaged harmonious and progressive relationship between the association and the council.

    He noted that the Nigerian insurance clients have become more demanding and sophisticated, hence the need for all operators to be more professional and cohesive in the delivery of services. “Irrespective of our professional divide, we must come to terms with the need to always collaborate in order to project a positive image and to collectively grow our industry,” he said.

  • Regulator mulls enforcement framework for governance code

    The Securities and Exchange Commission (SEC) is considering the enforcement framework for the reinvigorated Code of Corporate Governance for Public Companies, which was recently upgraded from a moral-suasion based voluntary code to a mandatory code.

    A reliable source at SEC told The Nation that the approval of the compulsory code of corporate governance by the board of SEC cleared the way for the implementation and enforcement of the provisions of the code.

    According to the source, SEC is working out a framework that will allow for smooth but effective transition from the moral-suasion and voluntary regime to compulsory compliance regime.

    The source said SEC might consider a three-step framework that includes notification of all stakeholders about the new status of the code, enlightenment of the general investing public on the new status and the implementation timeline and enforcement of compliance.

    “SEC as a responsible and considerate regulator would engage the stakeholders in the market. The timeline between the notification and deployment of compliance machinery would be used for stakeholders’ engagement,” the source said.

    The source added that SEC would also write deficient companies to notify them of areas of deficiency and request for compliance plan.

    A new provision to the code of corporate governance stipulates that “compliance with the provisions of this code shall be mandatory”  while another amendment states that companies will be liable to a fine of N500, 000 at the first instance of notification and subsequently additional fine of N5, 000 for every day that the violation persists.

    Besides, the stipulated fines, the new provision also give SEC unfettered power to apply “any other sanction” it “may deem fit in the circumstance”.

    “Any company/entity that violates the provisions of this Code shall be liable to a fine of N500, 000 at the first instance and a further sum of N5, 000 for every day the violation persists and or any other sanction as the Commission may deem fit in the circumstance,” the amended code stated.

    The code, according to the amendments, will now be described as a framework that is expected to facilitate sound corporate practices and behavior and it should be seen as a dynamic document defining minimum standards of corporate governance expected particularly of public companies with listed securities.

    The application of sanctions and penalties would scale up the code to same level of statutory rules being made by SEC under the mandate of the Investment and Securities Act (ISA) 2007. Already, publicly quoted companies are required to include in their annual report and accounts a compliance report on codes of corporate governance. The Code of Corporate Governance for Public Companies sets the minimum acceptable standards for quoted companies. Launched in 2003, the code of corporate governance was reviewed and re-launched in 2011, with several changes to reflect the globally acceptable practices.

    Some salient points in the code included board composition, remuneration, independent director, shareholding disclosure, insider knowledge, meeting and whistle blowing.

    Under board composition, the code stipulates that members of the board of directors should not be less than five and the board should comprise a mix of executive and non-executive directors, headed by a non-executive chairman. The majority of directors should be non-executive directors, at least one of whom should be independent director. The positions of chairman of the board and chief executive officer shall be separate and held by different individuals. To safeguard the independence of the board, not more than two members of the same family should sit on the board of a public company at the same time.

    The code requires that the remuneration of the chief executive officer as well as other executive directors should comprise a component that is long-term performance related and may include stock options and bonuses which should however, be disclosed in the company’s annual reports. Executive directors are not allowed to be involved in the determination of their remuneration. Executive directors should not receive the sitting allowances or director’s fees paid to non-executive directors.

    Every public company is expected to have a minimum of one independent director on its board. An independent director is a non-executive director whose shareholding does not exceed 0.1 per cent of the company’s paid up capital and is not a representative of a shareholder that has the ability to control or significantly influence management.

  • MAS deadline: NAFDAC begins enforcement

    MAS deadline: NAFDAC begins enforcement

    In a decisive move to achieve President Goodluck Jonathan’s declarative statement on zero tolerance to counterfeit drugs, the National Agency for Food and Drug Administration and Control (NAFDAC) has commenced enforcement of the deadline for implementation of the Mobile Authentication Service (MAS) by pharmaceutical companies nationwide.

    The enforcement operation, which started in Abuja on Wednesday, July 2 under the auspices of the Pharmacovigilance and Post Marketing Surveillance Directorate of NAFDAC, was geared towards mopping up from circulation all anti-malarial and anti-biotic medicines that do not carry on their labels the MAS scratch and text authentication codes which were introduced since 2010 by the NAFDAC’s Director-General, Dr. Paul Orhii, to save consumers from the menace of fake drugs.

    Dr. Orhii, who is currently celebrated worldwide for introducing multi-layered anti-counterfeiting technology, said there is no going back on enforcement of compliance with the MAS deadline which has previously been shifted twice in the last three years due to plea for more time by a segment of the pharmaceutical the industry.

    Dr. Orhii said NAFDAC has the full support of the President and the Minister of Health, Professor Onyebuchi Chukwu, to enforce implementation of the service in a bid to eradicate counterfeit drugs in the country.

    He disclosed that firm instructions have been given to all NAFDAC offices across the country to go round various pharmaceutical outlets to enforce compliance as deadline is irreversible and sacrosanct.

    According to him, the scratch and text service (MAS) has put the power of detecting counterfeit drugs in the hands of over 100million mobile phone users in the country.

    The Director-General stated that the international community is full of commendation for Nigeria for pioneering the use of cutting-edge technologies in combating counterfeit medicines.

    Meanwhile, the enforcement team led by Director of PVG/BMS, Mrs. Adeline Osakwe, cracked down on over 50 pharmacies in the Federal Capital Territory, Abuja, which were found to have stocked anti-malarial and anti-biotic drugs without the scratch and text codes.

    A consultative /sensitization forum was organized last week by the NAFDAC to iron out the grey areas preparatory to enforcement of the MAS deadline.