The Nation Newspaper

Tag: Executive Orders

  • Executive Orders

    Executive Order No. 6 is not the first to come from the Muhammadu Buhari administration since its inauguration on May 29, 2015. Acting PresidentYemi Osinbajo in May 2017signed three executive orders with the potential to significantly change some of the ways government business and operations are conducted. Therefore, something must be wrong with Executive Order 6 for Nigerians to reject it; saying yes, we want to fight corruption, but this order is not the way to go. So, why is the order this maligned? Perhaps we should start by looking at the essence of executive orders and what this particular Executive Order No. 6 is all about. The order seeks temporary forfeiture of the assets of persons undergoing trial or suspected of corrupt enrichment, pending the determination of the case in court so that they would not use the assets to pervert the cause of justice.

    An executive order is a presidential directive that has the force of law. Although this is not expressly provided for even in the American constitution where the president has copied it from, it, nonetheless, has been used by successive American presidents to achieve certain aims and objectives. The point though is that it must not be at variance with the constitution. Since the Nigerian constitution is largely fashioned after the American constitution, by extension therefore, it would seem whatever Executive Orders the Nigerian president makes must not conflict with the constitution. Moreover, by virtue of the legal system that we inherited from the British, an accused is presumed innocent until proven guilty by a court of competent jurisdiction. By this maxim, therefore, it is unthinkable that the powers sought by President Buhari under this order 6 can be popular or acceptable to the majority of Nigerians.

    Without doubt, some of the influential Nigerians who are against the order might be doing so for selfish reasons; the point must nonetheless be made that it is too dangerous to leave an individual with such powers of life and death, so to speak. It is especially so in our kind of environment where the president already has too much powers. In fairness to the critics of the order, the president has not shown that he has the capacity to arraign his own for alleged corruption. As a matter of fact, if many Nigerians are now not as happy with the president as they were in 2015, or even last year, it is not necessarily because he has not performed well economically to justify their expectations, but more because of this double standard in the way government business is being conducted.

    Without doubt, President Buhari might have been moved to issue the order by his desire to tackle corruption. But then, since the genuineness or otherwise of any intention is not written on the forehead of those to actualise it, it is difficult to believe that he means well in this regard. We have not got to a situation where we can trust our leaders with such maturity. Executive Order 6 could be a tool to haunt the opposition, which will not augur well for democracy. Although we may argue whether it is the kind of opposition that the Peoples Democratic Party (PDP) represents that will make a dent on the country’s problems. That is beside the point; we still need the opposition to put the incumbent government at the centre on its toes.

    If we agree to this order; then a lot of assumptions must have gone into reckoning. The most important perhaps being that all human beings are rational. We know this is not always so. Put differently, it would be assumed that the leadership, all leaderships, will always take decisions in the best interest of their countries. We know too that this is fallacy. If this were so, then many countries, particularly in Africa, will not be the way they are today; whilst their backbencher counterparts in the 1970s have since left them behind.

    We have seen that so many considerations go into policy making in any given environment, from the most noble to the most disgusting. Decisions are taken sometimes when some people wake up from the wrong side of the bed. There is no room for robust debates where all issues are thrashed out.

    Therefore, we cannot dismiss the fears of people who feel the president could abuse the order. At any rate, are the courts not already taking care of the president’s fears on the assets of looters or suspected looters? Above all, like many have asked, how do we compensate the suspect if in the end he or she is discharged and acquitted of the corruption charges?

     

     

    Fayose’s pain in the neck

    By the time you are reading this, the governorship election in Ekiti State would have been won and lost; in other words, the election would have become history. But not so some of the shenanigans; particularly the ones that trended until election eve on Friday. One of the badly scripted and poorly acted comedies was sent to me via WhatsApp on Thursday. I could not help but keep laughing like someone who has inhaled an overdose of laughing gas. Some readers might have seen it before now; but I have found it so evergreen that it would continue to elicit laughter whenever one comes across it. The more you read it, the more you crave for more.

    But, beyond the comedy is the past that appeared to be haunting Governor Ayo Fayose of Ekiti State. As I used to say, it is someone who knows the havoc that spittle could be used for that spits on the floor and quickly rubs it with his foot. Fayose has every reason to be in pains now, physical or psychological, or even both. There is every reason why his Christian courage should fail him at this point of the struggle. He knows what they did with the governorship election in Ekiti in 2014. Just as darkness takes a flight when light arrives; so does fantasy when confronted by reality. A word is enough for the wise.

    Meanwhile, enjoy Fayose’s comedy of the absurd. It is relevant whether ‘he won’ or ‘lost’ the election.

     

    Fayose – Hello hello taniyen (who is that?)

    Lere – Baba, Leke Ola on the line

    Fayose – How far? Shey the video is still trending?

    Leke – It’s trending but …… its trending sha

    Fayose – But what idiot.. you.. I do not have time for eeeeeeee? …….. What?

    Leke – There are some defects in our movie and people have started noticing and reacting negatively…

    Fayose – Defects wo niyen? Did I not cry well? Even Wiki told me I cried well and Seconder even hugged me for acting so good. So, what the hell are you trying to say?

    Leke – It’s not the cry, you did the cry part perfectly oga mi, but…

    Fayose – So.. But what? What is it? I already ordered prompt payment to two television channels (names withheld) for live coverage. TVC turned down our request while the other one owned by that oyibo claiming Omo Niger insisted that he can’t do it for free, stating that he has not recovered all the money he spent during 2015 election.

    Leke – Oga, It’s the neck collar and the hand sling part sir..

    Fayose – What about it? Was it not convincing enough?

    Leke – Apparently we made a mistake connecting the arm sling to the neck collar. Instead of your shoulder, some medical doctors noticed it and that’s what’s trending now… And we were not able to produce any evidence that a police man slapped you. Oga, you could have sticked (stet) to original plan of the inhaling harmful toxic thrown at you by the police. We don’t know how you changed the story thereby making us look stupid in the eyes of Nigeria, oga.

    Fayose – Nonsense, what’s the point in all this grammar?

    Leke – It’s like this sir, there’s no way a broken hand would be supporting a broken neck and vice versa.

    That’s where we made the mistake sir.

    Fayose – Do we need to stage another one?  Money is not the problem, Wiki and Atike are paying

    Leke – ……………………

    Fayose – Leke are you there? Why the silent?

    Leke – Baba network ni sir, sorry sir

    Fayose – Do we stage another one?

    To be continued ……..

    Cinema loading… 

     

  • The other side of Executive Orders

    The recent Executive Orders signed by the acting President on the Budget, Local Content and Ease of Doing Business are without doubt refreshing in the attempt to grow the country out of recession, stimulate economic activities and generally improve the business environment through promotion of transparency and efficiency.

    Ministries, Departments and Agencies (MDAs) have since gone into frenzied activities in the bid to put effect to the Executive Orders and exhibit compliance with a view to achieving the objectives of the orders.

    One of the fall outs of the orders is on port operations and this brings to mind the challenge of ensuring ease of doing business at the entry points vis-à-vis the subsisting issue of influx of substandard and harmful products of very low quality into Nigeria.

    Governments at all levels, the organized private sector, patriots and consumer advocates have always wondered if the efforts of the regulatory agencies charged with quality checks at the entry points are enough to tackle the menace of influx of substandard products and drugs (including hard drugs), dumping and the attendant dangers to the lives, properties and economic well-being of Nigerians.

    This brings under scrutiny, the highlights of the executive orders as relates to operations at the seaports in particular. No doubt that the greater percentage of imports into Nigeria comes through the seaports. Conversely, the greater percentage of substandard products into the country also comes in through these points of entry.

    We all can recall the attempt by the past Governments to achieve the same objective particularly the pronouncement in 2011 by Ngozi Okonjo-Iweala, the then Minister for Finance and Coordinating Minister for the Economy that agencies like NAFDAC, SON, Agricultural Quarantine Services etc. exit the seaports. Prior to the pronouncement, all of the regulatory and security agencies have offices located within the seaports complexes. The executive pronouncement then clearly directed that they all relocate their offices outside the ports and participate in cargo examinations on the invitation of the Nigerian Customs Service.

    The effect of that order on the flooding of the Nigerian markets with substandard and harmful products including drugs since 2011 left a lot to be desired. A syndicate of unpatriotic Nigerians with the connivance of foreign partners have since taken undue advantage of the policy to perpetrate illicit trade in low quality and substandard products including drugs. The country has since turned into a dumping ground for all types of low quality, substandard and cheap products posing grave danger to the lives of Nigerians and the economy of the nation. They have over the years stifled out genuine manufacturers and importers who have invested huge sums to promote commerce and industry in Nigeria. Their activities have also led to avoidable loss of lives and properties through building collapses, fire incidents etc. not to mention other economic losses from purchase of products that do not give value for money, loss of jobs occasioned by shutdowns and low capacity utilization, all of which contributed in no small measure to the economic recession which the nation has been experiencing.

    One discovered that some of the agencies established offices outside but close to the seaports and resorted to the use of ICT to monitor importation into Nigeria by integrating with the Nigerian Customs Integrated System (NICIS). Through these steps, agencies like NAFDAC and SON, I am aware have been struggling to cope with regulating the importation of substandard and life endangering products through the Nigerian seaports. This way, the agencies are able to view all imports and flag suspected substandard products for further scrutiny. If not allowed to participate in the examination of such suspected imports as was erroneously reported, whose interest is being protected?

    Are we encouraging them to hold the consignments once outside the ports? How would this impact on the objective of ease of doing business? Once suspected containers are examined by all concerned, arrangements can then be made to escort them out of the ports to designated places for further regulatory activity.

    How transparent can we be if agencies authorized by acts of parliament are prevented from carrying out their legitimate duties? SON operations for example is governed by an act of parliament dated 2015 which stipulates that “the agency shall have a right of access at reasonable times under Part VII, section 30 (b) to any premises, including all Nigerian seaports, airports and land borders where an industrial or commercial undertaking is being carried on, and may use reasonable force, if need be to gain entry”.

    NAFDAC, under Part II, Section 5 (d) of its enabling act Cap 1 of 2004 has as part of its functions “to undertake inspection of imported food, drugs, cosmetics, medical devices, bottled water, and chemicals and establish relevant quality assurance systems including certification of the production sites and of the regulated products”. Where best can these agencies curtail the influx of substandard products including drugs if not at the largest point of entry?

    In view of the above, the recent pronouncement by the Managing Director of the Nigerian Ports Authority on the executive orders and its reportage by a section of the Nigerian Media “as purported expulsion of agencies of government from the seaports from carrying out their legitimate duties under the law” leaves much to be desired.

    While the Nigerian Ports Authority reserves the right of ownership of the seaports premises and who to allow permanent accommodation within the premises, I do not think that the agency has the powers to determine and make pronouncements on the functions of sister government agencies except clearly authorized  to do so. Methinks this was not the case with the signing of the executive orders. We cannot cut our nose to spite our face as a country. The objective of government in issuing the executive orders cannot be to promote the influx of unwholesome products into Nigeria. The results of collaboration between the Nigerian Customs Service, SON and the security agencies that led to the discovery and seizure of over N5billion worth of used tyres need to be commended by all. Imagine the effect of such collaboration at the seaports where the bulk of imports into the country enter from? Also imagine the negative impact those damaged tyres would have had on our roads if allowed into the markets. The subsequent prosecution of the suspects and the involvement of the Attorney General’s office are gains that should be sustained.

    These are achievements that the nation needs to sustain and improve upon. Any measure under the implementation of the executive order that would work against such achievements would not be in the nation’s interest. The Managing Director of the NPA therefore needs to clarify her pronouncement lest unpatriotic elements take undue advantage of it to the detriment of all of us.

    All agencies of government authorised by law should be involved in cargo examination under the ease of doing business directive, albeit using a harmonised procedure.

     

    • Bademosi, a public analyst, wrote from Lagos.

     

     

  • Executive Orders: New dawn for private sector operators

    Executive Orders: New dawn for private sector operators

    AFTER months in the works, three Executive Orders were signed into law last week Thursday.

    The orders are believed to be the most pragmatic and comprehensive strategy designed to introduce radical changes into business operations in the country.

    They were signed by Acting President Yemi Osinbajo at the State House in Abuja with the aim of eliminating the hurdles that stand in the way of a bigger and more productive private sector.

    The primary aims of the orders are:  to facilitate the ease of doing business by saving time and cost, to promote transparency and efficiency in the business environment and to promote Made-in-Nigeria products and services by supporting local contents in public procurement by the Federal Government.

    A Senior Special Assistant (SSA) to the President, Dr. Jumoke Oduwole, who confirmed that the orders have been in the works in the past one year, added that they would also enthrone a regime of timely submission of annual budgetary estimates by all statutory and non-statutory agencies, including government-owned companies.

    The strategy, The Nation learnt, has as its overall objective to take the economy out of recession and also fast-track the diversification of the economy to the non-oil sectors.

    Some private sector operators have described the stipulation of sanctions and punitive measures against violations of the orders as a new dawn.

    Not a few real sector operators, especially manufacturers, see the Order on the “Made-in-Nigeria or Buy Nigeria campaign” as the much-needed tonic to revitalise the manufacturing sector and boost competitiveness.

    They told the The Nation that the Federal Government has taken a step in the direct direction by signing into law orders that encourage and support local contents in public procurement.

    “It’s a bold and right step taken in the right direction. I commend Acting President Osinbajo for this strategic initiative,” a former President of the National Union of Textile Garment and Tailoring Workers of Nigeria, Mr Oladele Hunsu, said.

    He told The Nation that promoting Made-in-Nigeria products and services, which the orders set out to encourage, holds prospects of turning around the fortunes of the economy. According to him, patronising locally-produced goods and services will create jobs.

    Under the new order, at least 40 per cent of government procurement spending would be on locally-made goods and services.

    As the Industry, Trade & Investment Minister, Dr. Okechukwu Enelamah, explained, all Ministries, Departments or Agencies (MDAs) shall give preference to local manufacturers in their procurements.

    He said progress reports would be submitted to the President after 60 days and 80 days. Some priority items, according to him, include: uniforms and footwear, food and beverages, motor vehicles, pharmaceuticals, construction materials, information and communication technology, furniture and fittings and stationery.

    To Hunsu, the order is a weapon for local manufacturers. He regretted that till date, MDAs patronise foreign made vehicles when a local vehicle manufacturer like Innoson Vehicle Manufacturing Co. Ltd, churns out utility vehicles from its assembly lines.

    Besides, he said that patronising locally-made uniforms by security agencies and schools, would revitalise the country’s comatose textile industry. The industry once ranked as the second largest employer of labour, trailing the government.

    Hunsu has an ally in the Director, Foraminifera Market Research, Mr. Nnamdi Anakuwe, who said Nigerians’ penchant for imported products at the detriment of locally manufactured products fuels an insidious and relegating effect on local produce and the economy.

    Anakuwe said the importation of all kinds of commodities from simple domestic tools as embarrassing as toothpicks and match sticks to complex equipment, amounts to a disservice to local manufacturers and the economy.

    Indigenous manufacturers have long been screaming blue murder over Nigerians’ insatiable appetite for foreign products. They argue that the heavy dependence on imported goods to the detriment of local products is hurting the domestic economy.

    Apart from putting tremendous pressure on Foreign Exchange (forex) due to huge import bills and low receipts from export, the growing demand for forex for consumption rather than capital products and equipment also weakens the local currency (the Naira) and stunts economic growth and development.

    Hunsu described the effects the patronage of foreign goods and services on the local economy as embarrassing, especially with abounding agricultural and mineral resources in the country.

    He said that most of these resources, if not all, are exported in their raw form, without any value addition, only to import the finished products.

    According to him, Nigeria does not process them from primary produce to secondary or intermediate products. Rather than do so, the raw materials are taken to factories overseas where they are processed, repackaged and sent back to the country.

    The implication is that the country ends up creating jobs for nationals in other parts of the world, while it grapples with unsavoury socio-economic consequences of rising unemployment.

    Some labour leaders and other private sector operators also hailed the  Order on the Ease of Doing Business.

    They believe that the new arrangement would rid the system of agonising bureaucratic bottlenecks that scare away local and foreign investors.

    The Lagos Chamber of Commerce & Industry (LCCI) threw its weight behind the emerging order as its President, Mrs. Nike Akande, expressed  the Chamber’s appreciation of the level of consultations carried out on the Ease of Doing Business before it was signed.

    She noted that the three main pillars of the executive order have been the key focus areas of LCCI advocacy over the last few years.

    Mrs. Akande expressed optimism that the order will impact on the Ease of Doing Business, fast-track budgetary administration, as well as promote Made-in-Nigeria products.

    She, therefore, urged the government to ensure adherence to stipulated timelines by all the parties affected by the orders.

    Mrs. Akande further asked for sustained consultations and engagement with the business community and the bureaucracy in building understanding and buy-in of all stakeholders.

    She pledged the Chamber’s preparedness to keep a tab on compliance with the three orders by relevant MDAs get periodic feedback from private sector players.

    Mrs. Akande, however, called on the state governments to replicate these reforms in their domains, adding that doing so would boost the Ease of Doing Business policy of the Federal Government.

    Excited over the prospects of the initiative because, some operators,  who  had to contend with an inclement business environment bared their minds.

    Industrialist and Managing Consultant, Starteam Consult, Mazi Sam Ohuabunwa, articulated the frustrations of operators when he lamented that the harsh operating environment pushed Nigeria to an unenviable 169th position out of 189 on the 2016 World Bank Ease of Doing Business index.

    In the basket of measurement, the Nigerian economy ranks 182 in “Getting Electricity,” 181 in “Registering Property,” 139 in “Starting a Business,” and 143 in “Enforcing Contracts.”

    “We are not globally competitive,” Ohuabunwa pointed out, adding that this accounted for the high cost of manufacturing products locally.

    This, according to him, results in high cost of finished goods when compared to goods produced in countries with better ranking on Ease of Doing Business Index.

    Partner and Chief Economist, PricewaterhouseCoopers (PwC), a consulting firm, Mr. Andrew Nevin, brought the reality nearer home. He noted that interestingly, Rwanda jumped through the rankings from being 143rd in 2009 to 62nd last year.

    Over that same period, Nigeria’s ranking nose-dived from 102nd to 169th. Nevin noted that based on a 2016 PwC interview of foreign companies across Nigeria, four concerns stand out as challenges with the business environment: corruption, inadequate infrastructure, low skill levels and macroeconomic uncertainty.

    According to him, Nigeria’s transition to a non-oil economy would be an uphill task without a significant improvement in the business environment. Besides, he warned that the trend may affect projection that Nigeria’s economy could be among the top 10 in 2050 with a projected Gross Domestic Product (GDP) of $6.4 trillion, surpassing Germany, the United Kingdom (UK), France and Saudi Arabia.

    These realities may have dawned on the authorities, thus prompting the Federal Government to come up with the executive order to promote transparency and efficiency in the business environment.

    After signing the order, the Acting President has instructed Apapa Port to resume 24-hour operation within 30 days.

    Prof Osinbajo asked all agencies at the port to harmonise their operations into one single interface station, warning touts and corrupt officials to stay away from the ports.

    Operators and port users believe that if the government matches its words with action, businesses will save a lot of money. They said the resources being spent as a result of inefficiencies and corruption at the ports would be redirected into more productive ventures.

    Worries, challenges

    Despite the excitement that trailed the signing of the executive orders, many business operators are cautiously optimistic. Some of them are worried over possible shoddy implementation.

    “It boils down on effective implementation. There has to be proper monitoring mechanism to ensure that the laudable initiative is carried out to the later”, Hunsu said.

    With regards to the promotion of made-in Nigeria goods and services, he expressed the fear that issues around quality and standards might get in the way.

    Hunsu said: “Most of the locally made goods and services are not competitive. Some of them do not meet international standards.”

    He called on the Standards Organisation of Nigeria (SON) and other regulatory agencies to rise to the occasion.

    The National President, Association of Systems Management Consultants, Mazi Coleman Obasi, noted that at present, locally manufactured products and services lack global quality certification.

    They are denied access to markets in developed economies, a situation that has been a pain in the neck of manufacturers, as their productivity and competitiveness continue to suffer.

    According to Obasi, Nigeria, despite being acknowledged globally as one of the largest consumer markets, is yet to be accredited by the International Accreditation Forum (IAF), the regulatory arm of the International Standardisation Organissation (ISO).

    He said countries like South Africa, Egypt, Tunisia, Kenya and Mauritius, have since been accredited by the IAF, in line with global emphasis on quality.

    The European Union (EU) recently rejected the exportation of beans from Nigeria because of the application of pesticides.

    Several locally-manufactured goods have also been reportedly rejected overseas over issues on quality and packaging.

    There are also fears that the weak manufacturing base caused by infrastructure deficit, particularly electricity supply, might get in the way.

    “You can’t do business without steady power supply and raw materials. The current forex crisis remains an issue”, Hunsu said, adding that government must also check smuggling if local manufacturers must survive.

    There are opinions among the private sector players that the growth and development of the manufacturing sector has not been enjoying a healthy level of support and encouragement from the government and banks.

    Although, some investors have indicated interest in local production, the existing policies are not encouraging enough to propel substantial investment in manufacturing.

    There are also fears that compliance to the Acting President’s 24-hour directive, aimed at fast-tracking clearing operations at the ports might be difficult because of the deplorable condition of the roads leading to Apapa Port.

    Many importers are apprehensive over moving sensitive cargos from the port complex to the terrible and insecure roads at night.

    In 2012, former Finance Minister Mrs. Ngozi Okonjo-Iweala issued a presidential directive asking all ports to begin 24-hour operations. The directive did not work. The Federal Government’s target of achieving a 48-hour cargo clearance at the ports has also not worked.

    Port users still lament that clearing time of goods at the ports is about the longest in the world. It takes an average of 19 days to clear cargos at Nigerian ports.  It takes seven and four days to clear cargos in Cotonou and South Africa, respectively.

    Expectations are high that respite would soon come for private sector operators with the government determination to move up 20 places on the ease of doing business ranking this year. Enelamah said the government was working to start from growing made-in Nigeria products.

    But the expectations are hinged on the government’s ability to muster the political will for the implementation of the novel initiative, without which the executive orders would at best be another exercise in futility.

  • Osinbajo to explain Executive Orders

    Osinbajo to explain Executive Orders

    Acting President Yemi Osinbajo will explain how the Executive Orders he signed last week on  boositing the economy will function when he meets on Wednesday with a cross-section of middle level and senior public and civil servants.

    Senior Special Assistant on Media to the acting President Laolu Akande said yesterday that The interactive session, he said, is part of measures to drive the reforms intended in the new executive orders signed last Thursday.

    He said that the Acting President would be discussing in particular the executive orders on business environment and promoting “Made in Nigeria” products.

    He said that the Buhari administration would drive the new executive orders vigorously in its determination to significantly transform the business environment and how government business is done in the country.

    “These are the people who will be directly responsible for the attainment of the objectives of the executive orders, so the acting President wants an opportunity to talk with them directly and also hear from them.” he said

    Besides, as part of activities commemorating the Second year of the Buhari administration, Akande said on May 29, a presidential level Report Card event on the Social Investment Programmes of the Buhari presidency would be held at Aso Villa.

    “Here at this national event, we shall be updating Nigerians on the progress so far attained, how we are addressing some challenges and how President Buhari’s Social Investment Programmes would be significantly expanded going forward,” Akande noted.

    The SIPs are the N-Power, which selected and engaged 200,000 unemployed Nigerians graduates for a volunteer job programmers, the Conditional Cash Transfer being implemented now in 9 states, General Economic & Empowerment Programme, GEEP-a micro credit scheme that has given out almost 60,000 loans out already, and the National Homegrown School Feeding Programme, where 25 million meals have been served and over 1 million primary school pupils in at least seven states are being fed and over 11,000 cooks hired.

    Akande explained that Secretary to the Government of the Federation (SGF) Babachir David Lawal and the Director General of the National Intelligence Agency (NIA) Ayo Oke remained suspended.

    He said the outcome of the Investigation into issues raised against the two top government officials would be made available soon.

    He said Nigerians would be satisfied with the outcome of the investigation.