The Nation Newspaper

Tag: enforcement

  • Lagos No-Smoking Law: enforcement begins Aug. 17

    Lagos No-Smoking Law: enforcement begins Aug. 17

    The Lagos State  No-Smoking Law is not to infringe on smokers’ rights, but to protect non-smokers’ rights, the Environmental Protection Agency (LASEPA) has said.

    Enforcement of the law begins on August 17.

    At an advocacy and sensitisation campaign/stakeholders’ meeting on the law yesterday, LASEPA General Manager/Chief Executive Officer Rasheed Shabi said: “Smokers have the right to smoke! Non-smokers too have a right not to be impacted by the smoke from the cigarettes in their personal space.

    “Vulnerable groups, such as children and senior citizens, also have the right to be protected, whilst everyone has the basic right to clear air. Our society has to find a balance to the delicate inter-relationships between all groups involved, such that no person’s right is violated. This is the essence of the non-smoking law in public places.”

    Shabi said enforcement would begin on August 17, six months after the law was made, adding: “We have heard many complaints that law enforcement agencies are already arresting offenders. Please, note that enforcement of this law becomes effective from August 17. The bill was signed into law on February 17 and it takes six months before it can become enforceable. The main implementing agency for this law is LASEPA.”

    The representative of the British American Tobacco, Nigeria, Mr. Sola Dosunmu, said the law is balanced and respects choices.

    He hailed the government for giving six months grace before enforcement, adding: “We have studied the law and particularly like the fact that it is balanced and respects choices. There are key facts about the public place smoking law which we want to highlight. Section 1 clearly defines public places to exclude streets, roads, highways, etc.

    “Section 2 states that from the commencement of the law, no person shall smoke in public places listed in schedule one, which include crèches; nursery, primary and secondary schools; health institutions and public transportations.”

    He said the public awareness by LASEPA would correct misconceptions about the law.

    Governor Babatunde Fashola, represented by his Special Adviser on Health, Dr. Yewande Adesina, urged stakeholders to support the government in promoting the law to ensure the well being of residents.

    Adesina said: “I urge stakeholders to reach out and enlighten your families, friends and associates on the benefits of the law for a cleaner and healthier Lagos.”

  • Activists seek better rights enforcement

    LAWYERS and activists have called for better enforcement of women and children’s rights.

    They said poor enforcement of the laws had emboldened rights abusers to act with impunity, leaving women and children at the receiving end.

    They spoke in Lagos during the launch of a book written by a rights activist, Dr. Yinka Olomojobi, titled: Human Rights on Gender, Sex and the law in Nigeria.

    Speakers, including Justice Lateef Lawal-Akapo, Prof Oluyemisi Obilade, Mr. Kunle Ogunba (SAN) and Dr. Joe Okei-Odumakin, who reviewed the book, said rights abuses would continue until the laws were strictly enforced.

    Ogunba said there was impunity because the laws were not working.

    “We will begin to take ourselves seriously when we do away with impunity,” he said, praising the author for the work.

    Dr Okei-Odumakin showed clips of how women were being dehumanised, calling for more advocacy on women and children’s rights protection.

    She said of the book: “The actual instances of this abuse – individual, group, corporate, national and international extents – are documented. The legal perspective is even more painstakingly delivered.”

    Dr Okei-Odumaki said the book is also futuristic in the seeds of curiousity it sows in the reader.

    “The chapter on sexual politics and democracy, I find intriguing in several ways because of the scourge of multi-dimensional denials captured in the chapter.

    “The denial is brazen in the North and buried in religion. It is subtle in the South and buried behind a façade of statutes largely ineffectual in the face of cultural and political muscle,” she said.

    On the book’s approach, she said the author chose the classic academic style, building up the arguments from several perspectives and backing them up with references in the same breath.

    Dr Olomojobi said his passion for human rights motivated him to write the book, which highlights legal provisions for rights protection.

    He said the book was written to explore women’s’ rights and identify common areas where they are abused, in terms of customs, traditions, religion, among others.

     

     

     

  • Five years after, enforcement of compulsory insurance shaky

    About five years into the implementation of five major compulsory insurance in the country by the regulatory authority, the National Insurance Commission’s (NAICOM) enforcement seems shaky.

    The compulsory insurance was introduced by the commission through its Market Development Initiative (MDRI) programme and made compulsory by law by the Insurance Act 2003 and other sister legislations.

    They include Group Life Insurance in line with the PenCom Act 2004; Motor Third party Insurance covered by Section 68 of the Insurance Act 2003; Buildings under Construction covered by Section 64 of the Insurance Act 2003; Occupiers Liability insurance covered by section 65 of the Insurance Act 2003 and Health Care Professional Indemnity Insurance under Section 45 of the NHIS Act 1999.

    The MDRI project, according to the Commissioner for Insurance, Mr Fola Daniel, is designed to be a medium-term project that would install the first phase of reforms in the areas of industry capacity, market efficiency and consumer protection in the country, adding that the project would be effective between 2009 and 2012.

    Daniel also said it is expected to expand the industry to generate a projected income of N1trillion gross premium last year, a figure he said is capable of significant contribution to the nation’s Gross Domestic Product (GDP).

    But, as at end of last year out of the projected N1trillion through the MDRI, only about N200million was generated.

    NAICOM appears to be suffering a major setback in enforcing the law against erring members of the public as it was discovered that the commission lacked the enforcement power like the National Pension Commission (PenCom) to carry out necessary actions following enforcement take-off plan which began in September 2011.

    Offenders in this case will be vehicle owners, landlords, builders and doctors, who do not have the necessary insurance to protect third party’s lives and properties.

    The Commission in 2011 began enforcing the law with a combined team of the Police, Federal Road Safety Commision (FRSC), Fire Service officers, the Insurance Consumers Association of Nigeria and NAICOM officials. At present, none of these officials were on ground to arrest and enforce these laws against erring persons.

    Investigations by The Nation reveal that many landlords are not aware of the Occupiers Liability insurance or Buildings under Construction insurance while some are non-chalant.

    A landlord in Lagos, Alhaji Wasiu Oladele, who does not want his address stated, simply said he has heard about the law, but he does not have it.

    Another landlord, who also spoke on condition of anonymity, said he was not aware of the law and as such did not insure his property.

    Head, Corporate Affairs of NAICOM, Rasaaq Salami, told The Nation explained the commission’s challenges and constraints.

    He said: “Enforcement is not only when you go out to raid people and arrest them but having the powers to execute the law.

    “If you go and arrest and you don’t have the powers to execute, the police cannot detain them for more than 48 hours before they are released.”

    Salami, however, disclosed that the commission was working on guidelines that would address the challenges.

    Leadway Assurance Ms. Adetoun Adetona said the implementation and enforcement lie with the government at state and federal levels while insurers can only build awareness.

    She pointed out that the motor insurance, which is an initiative of the Nigeria Insurers Association (NIA), is making progress, noting that builders’ liability is suppose to be supported by the Fire Service in terms of enforcement.

    “While NIA is working on the NIID—for the success of the motor insurance, we expect the Fire Service to enforce builders’ liability effectively because the police cannot be going into buildings to inspect if they have the necessary insurances.

    “There is need for the industry to engage the Fire Services to enforce the law on building liability just like the NIA that is taking care of third party motor insurance”, she said.

  • ‘Weak enforcement, culture hamper insurance penetration’

    Weak enforcement of policies and poor insurance culture among Nigerians have been identified as some of the factors inhibiting insurance penetration in the country.

    The Assistant General Manager, Corporate Communication and Brand Management, Sovereign Trust Insurance Plc, Mr Segun Bankole, lamented that had the compulsory insurance policy of the Federal Government been implemented, it would have gone a long way at chnaging the fortune of the industry for the better.

    Bankole, who spoke with The Nation in Lagos, added that poor insurance culture also formed a major stumbling block against the success of the Market Development and Restructuring Initiatives (MDRI) otherwise referred to as Compulsory insurance. He said under the circumstance, the National Insurance Commission (NAICOM) has done well but observed that there has not been proper monitoring to ensure its success.

    The programme, which started two years ago, had Group life Insurance in line with the Pencom Act 2004, Employers liability in line with the Workmen’s Compensation Act 1987, Buildings under construction-section 64 of the Insurance Act 2003,Occupiers liability insurance –section 65 of the Insurance Act 2003, Motor Third party Insurance –section 68 of the Insurance Act 2003 and Health care Professional indemnity insurance-under section 45 of the NHIS Act 1999.

    Bankole said these policies are by law compulsory and they come with sanctions. He said if those charged with enforcement in the insurance industry are empowered as their counterparts charged with monitoring money laundering or those charged with tax collection, the situation will not be what it is today. He said it is not proper to blame NAICOM as the regulator is doing all within its power to ensure the success of the industry.

    Insurance is primarily for the good of the insured, he said, wondering why people should be forced to do what is good for them.

    Still speaking on enforcement, he said if sanctions are implemented the way it is done abroad, it will go a long way in instilling the discipline of voluntary obedience.

    He said the premium required is usually very small compared to the benefits when due. He said if people know that that if they flout the insurance law, they will be heavily sanctioned as it is done abroad, they will do what they are supposed to do for their own good.

    On poor insurance culture, Bankole said it is sad to observe that a Nigerian can load up to N3,000 on his phone and waste it in a matter of minutes, but cannot invest that amount in a year in an insurance policy that can fetch him up N1 million if the policy materialises.

    He said there are policies Nigerians can invest with as little as N1,500 premium in a year and can have a benefit of over N600,000 if it falls due.

    He said for a third party motor insurance where the law demands just N5,000 premium for a year, if the sanction is as much as N100,000 on violators and are implemented, people will sit up.

     

     

     

  • Billionaire debtors: CBN to involve law enforcement agents

    Billionaire debtors: CBN to involve law enforcement agents

    Billionaire debtors whose firms, directors and shareholders were barred from securing further loans from local banks are in for bigger troubles.

    The Central Bank of Nigeria (CBN) at the weekend, said the debtors, amongst whom are Femi Otedola, Alhaji Sayyu Dantata, Sir Johnson Arumemi-Ikhide, former Power Minister, Prof. Barth Nnaji, Mrs Elizabeth Ebi and Dr. Wale Babalakin, including their firms would be handed over to law enforcement agents, should they fail to repay their loans.

    A total of 113 companies and 419 directors/shareholders, were affected based on report published in one of the national dailies last week.

    CBN Spokesman, Ugochukwu Okoroafor, told The Nation that should they fail to repay their loans, the apex bank will involve the law enforcement agents to achieve full recovery, to ensure financial stability, and instil discipline in the banking sector. “We are a bank, not law enforcement agent. Should these debtors fail to repay their loans, law enforcement agents will take care of it for us,” he said.

    A top CBN official, who pleaded anonymity, also explained that the regulator had to bar the debtors from further credit, to enable them honour their obligations, adding that the apex bank decided to use ‘naming and shaming’ because according to him, that’s the only way the debtors will be compelled to honour their obligations.

    Managing Director, Asset Management Corporation of Nigeria (AMCON), Mustafa Chike-Obi, declined to comment on the matter further, saying it was a CBN affair.

    The CBN had last week, barred banks from extending further credit to the affected persons and their companies. This became exigent due to difficulties the AMCON is having with the debtors, after it took over bad loans worth over N3.4 trillion from the banks.

    The apex bank, in a circular dated September 17, confirmed that the restriction would apply to individuals, organisations, companies, as well as principal shareholders and directors of companies where the outstanding value of loans purchased by AMCON amounted to N5 billion or above as at the day of purchase, without regard to the actual amount paid by AMCON.

    The circular, signed by CBN’s Director, Banking Supervision, Mrs. A. O. Martins,said: “It has become necessary to stop debtors who failed to repay their loans to banks and had these loans subsequently transferred to AMCON, from further enjoying credit facilities from Deposit Money Banks (DMBs), until they fully repay agreed outstanding to AMCON.”

    The CBN also stated that any bank that flouts the guidelines would be made to make an immediate provision of 100 per cent of total principal and interest outstanding in the account of the customer and related parties, in addition to whatever regulatory penalties the CBN may decide to impose.

    According to the report, the list of debtors showed that Zenon Petroleum, owned by Otedola, is indebted to banks to the tune of N192.4 billion; MRS Holdings Limited, which belongs to Dantata, owed N119.98 billion; Seawolf Limited – N98.32 billion; Arik Air Limited, belonging to Arumemi-Ikhide – N85.481 billion; NITEL Plc/M-Tel – N71.547 billion; and Capital Oil and Gas Limited, which belongs to Ifeanyi Ubah – N48.014 billion.

    The banking watchdog equally directed banks to shun further credit to Cross River and Zamfara States because of the failure of the Tinapa Business Resort and Accountant General, Ministry of Finance, Zamfara to pay back loans collected respectively.