Plenary proceedings from House of Representatives, 19 July 2017
PRESENTATION OF REPORTS
1.Committee on Agricultural Production and Services:
Hon. M. T. Monguno:
“That the House do receive the Report of the Committee on Agricultural Production and Services on a Bill for an Act to Establish the Fisheries Society of Nigeria charged with the Responsibility for Registration and Disciplining of Members of the Profession and for Related Matters (HB. 595)” (Referred: 19/10/2016).
2. Committee on Maritime Safety, Education and Administration:
Hon. Mohammed Umaru Bago:
“That the House do receive the Report of the Committee on Maritime Safety, Education and Administration on the Compendium of a Retreat for Legislators, Regulators and Operators in the Shipping Industry held in Uyo, Akwa Ibom State between 21 – 24 May, 2017 (Pursuant to Order Eighteen, Rule 66 (2) of the Standing Orders of the House)”.
ORDERS OF THE DAY
BILLS
1. A Bill for an Act to make Provision for Mutual Assistance in Criminal Matters between Nigeria and Other Foreign States and for Related Matters (HB.1060) (Senate) (Leader) — Second Reading.
2. A Bill for an Act to Repeal the Customs and Excise Management Act, Cap. C45, Laws of the Federation of Nigeria, 2004 and Other Customs and Excise Laws, to Establish the Nigeria Customs Service Commission, Reform the Administration and Management of Customs and Excise in Nigeria and for Related Matters (HB.1074) (Senate) (Leader) — Second Reading.
The House Committee of the whole will need to deliberate more on the Bill.
3. A Bill for an Act to Repeal the Federal Roads Maintenance Agency (Establishment, etc.) Act, 2002, the Federal Highways Act, 1971 and the Control of Advertisement (Federal Highways) Act, 1986 and to Establish the Federal Roads Authority to Provide for the Ownership, Regulation, Management and Development of Federal Roads Network and for Matters Connected Therewith (HB.1075) (Senate) (Leader) — Second Reading.
4. A Bill for An Act to make Provision for the Prohibition and Punishment of Sexual Harassment of Students in Educational Institutions and for Other Related Matters (HB. 843) (Senate) (Leader) (Adjourned Debate: 23/3/2017) — Second Reading.
- K Jev.
The House Leader raised an objection to how the Bill was initially framed, adjustments have been made and can go to the Committee of the whole. Gbajabiamila moved the Bill be read a second time, Hon. Ossai seconded.
Leader of the House, Hon. Femi Gbajabiamila (Lagos) stated that after the clarification of some grey areas of the Bill, it should go on especially due to the critical aim the Bill seeks to address, which is the constitutional protection of the rights of students against sexual harassment especially of students. In his contribution, Hon. Aminu Shagari (Sokoto) pointed out that the grey areas removed was apt as the new look of the Bill ensured that sexual harassment on student by their teachers, and that of rape from a stranger, are now clarified. He commended the mover and encouraged its passage. Hon. Gyang Pwajok (Plateau) stated that the Bill if anything shows the world that Nigeria doesn’t condone sexual harassment and also sends a strong warning to perpetrators that stiff sanctions await them. Hon. Hassan Sale (Benue) echoed the importance of the Bill to give a legal tool to hand down suitable punishment to perpetrators as a lot have gone Scot-free, or had been given a slap on the wrist which have not deterred them, hence shaming the victims. The question was put to a voice vote and passed to second reading.
5. A Bill for an Act to Establish Projects Monitoring and Evaluation Template to Provide for Effective and full Implementation, Supervision and Feedback Mechanism on Capital and Recurrent Expenditure based on Budgetary Allocations and for Related Matters (HB. 997) (Hon. Ossai Nicholas Ossai) — Second Reading.
Hon. Ossai N. Ossai (Delta) moved that the Bill be read a second time, Hon. Lawal Muazu seconded. In leading the debate, Hon. Ossai stated that the Bill seeks to strengthen the oversight functions of the National Assembly on the transparency of Federal Government Capital and developmental projects, to dig deeper for information on such projects and not depend wholly on what Heads of MDAs decide to say, this is to ensure funds budgeted are duly expended. Contributors to the Bill stated how essential it is to pass the Bill in strengthening the Legislature. Hon. Aminu Shehu Shagari (Sokoto) however pointed out that the objective of the Bill seems to have been covered by the manuals already produced by the House of Representatives on over-sighting and all. Hon. Tahir Monguno (Borno) also opposed the Bill on the ground that the second part of the Bill has been taken care of by the Public procurement Act and Fiscal Responsibility Act. Hon. Gbajabiamila while commending the intention of the Bill; advised for more work to be done on the Bill, to also reflect the monitoring of Recurrent expenditure. He advices that a small committee of Members of the Legal background lawyers be set up to scrutinize the depth of the Bill and compare the merits of the Bill with established Acts, in order to ensure there are no conflicts and duplication. He urged the House to therefore not be in a hurry to either reject or adopt the Bill on the whole. Hon. Leo Ogor (Delta) stated that the proposed templates proposed by the Bill makes specific over sighting for specific projects and is highly commendable. Chairman Rules and Business (Hon. Orker Jev) in his advice agreed with the House Leader. The Bill was referred to the Committee on Rules and Business who would in turn set up the committee, till then the Bill is stepped down.
6. A Bill for an Act to Amend the Criminal Justice (Miscellaneous Provisions) Act, Cap. C39, Laws of the Federation of Nigeria, 2004 to Review the Penalties Provided for Offences under the Act and give Members of the Public Power to Arrest Offenders under the Act and for Other Related Matters (HB. 222) (Hon. Uzoma Nkem-Abonta) — Second Reading.
Hon. Uzor Abonta (Abia) moved that the Bill be read a second time, Hon. Simon Arabo seconded. In leading the debate, Hon. Abonta stated that the Bill simply seeks to ensure penalties and Levies to offenders have the reflectance of modern day financial realities and weighty enough to dissuade perpetrators of such an economically inducing crime. Hon. Simon Arabo stressed the need to be cautious in giving private people the powers for arrest of suspects and not offenders as stated in the title of the Bill (as they have yet to b convicted in a competent Court of Law) so as not to be abused like the whistle blower policy of the Federal Government. As an amendment Bill the question was put to a voice vote and read a second time. The Bill was referred to the Committee on Justice.
- A Bill for an Act to Provide for the Establishment of a National Renal Centre to be charged with the Responsibility of Research in Cure, Prevention and Management of Kidney Diseases and for Related Matters (HB.1049) (Hon. Bede Eke) — Second Reading.
Hon. Eke Bede Uchenna (Imo) moved for the Bill to be read a second time, Hon. In leading the debate, Hon. Eke stated that the indices of the disease of kidney failure has grown to an alarming rate and shouldn’t be neglected by the Government, especially in the provision of adequate, accessible and affordable medical treatment facilities and equipment nationwide. Hon. Gyang Pwajok (Plateau) decried the times we live in when people cannot test for diseases, let alone treat them. He stressed that the disease need not be relegated or taken lightly as it has been seen to have risen to the case that 1 out of 7 Nigerians live with Kidney failure, he also called on NAFDAC to step up their public enlightenment responsibilities to avoid kidney disease, as food intake is found to be a major cause. Hon. Beni Lar (Plateau) stated that Nigerian life expectancy is still low because the citizenry are not being adequately taken care of by their Government. She called for the upgrading of national treatment facilities to discourage medical tourism abroad. Hon. Ogun (Edo) stated that the influx of foreign drinks and foods from especially Asia should be checked and the problem nipped in the bud. It wa put to a voice vote, was then passed to be read a second time.
8. A Bill for an Act to Amend the Institute of Chartered Accountants of Nigeria Act, Cap. I11, Laws of the Federation of Nigeria, 2004 to increase the Fines and make an Appeal lie from the Disciplinary Tribunal to the High Court and for Related Matters (HB. 608) (Hon. Gyang Istifanus Dung) — Second Reading.
The Bill was stepped down due to the absence of the mover.
MOTIONS
9. Procedure on Delegated Legislations: Pursuant to Order One, Rule 1 (2) of the Standing Orders of the House:
Hon. E. Y. Orker-Jev:
The House:
Aware of Section 4 of the Constitution of the Federal Republic of Nigeria, 1999 which confers powers on the National Assembly to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative list set out in Part I of the Second Schedule to the Constitution;
Also aware that in the exercise of the above powers, the National Assembly had, at various times, enacted laws that established statutory agencies, bodies and corporations to carry out various executive functions on behalf of the Federal Government; Notes that the various Acts establishing those statutory bodies delegated powers to them to make Rules and Regulations to aid their operations;
Observes that in delegating those powers to the statutory bodies, the National Assembly had not been incorporating into the Acts provisions to enable it examine the Rules and Regulations made by those Agencies before they come into force, as a result of which some of those Rules and Regulations exceed the powers conferred under the enabling Acts;
Also aware that the global trend is for the Agencies to lay those Rules and Regulations before the Parliament for approval before implementation;
Further aware that no procedure has been provided in the Standing Orders of the House for consideration and approval of the Rules and Regulations;
Resolves to adopt the following procedure on Delegated Legislations:
(a) any government department, agency or corporation that makes a Rule or Regulation pursuant to the power conferred on it under its enabling Act shall communicate the Rule or Regulation to the Speaker who shall, on receipt of the communication, refer it to the Committee on Delegated Legislations;
(b) the Committee on Delegated Legislations shall consider the Rule or Regulation and may obtain input from a Standing Committee having dominant jurisdiction over the Agency and within thirty (30) days, present its Report to the House for consideration;
(c) the Committee on Rules and Business shall schedule the Report and the House may approve the Rule or Regulation and transmit its Resolution to the Senate for concurrence;
(d) if the Senate amends any aspect of the Resolution, a Conference Committee of the Senate and the House shall be constituted to deliberate only on the areas of disagreement. The Committee shall not insert any matter not contained in the Resolution referred to it or delete any matter agreed to by either the House or the Senate. However, if the Committee observes any apparent constitutional breach or infraction of a provision of any Act in the Resolution, it may amend the Resolution accordingly and such amendment shall form part of the Rule or Regulation to be laid for adoption by both Chambers;
(e)the Clerk to the National Assembly shall, as soon as possible, communicate the Resolution on the Rule or Regulation to the department, agency or corporation concerned for implementation.
Hon. Orker Jev stepped down the Motion to do more work on it.
10. Need to Revisit the Contract for Bonny Ring Road and Bridge Project:
Hon. Brown Randolph Iwo Oruene:
The House:
Notes that Bonny island has over thirty-one (31) communities and fishing settlements but the absence of access road to neighbouring villages makes communication and movement tedious and the costs of living and operating businesses very high;
Also notes that in 2009, the Niger Delta Development Commission (NDDC), in realization of the need to connect the island to the neighbourig villages, awarded a contract for the construction of Bonny ring road and bridge at a sum of Eleven Billion, Two Hundred and Four Million, One Hundred and Sixty-Eight Thousand, Twenty-Three Naira, Ten Kobo (₦11,204,168,023.10);
Aware that the contract, which was awarded to Jafac Motors and Jafac Investments Ltd, was abandoned over five (5) years ago after only twenty percent (20%) of the work was done;
Concerned about the abandonment- of the Road project that was billed to connect Bonny island to the neighbouring communities, boost commercial activities in the area and reduce criminal activities on the waterways;
Resolves to:
(i)mandate the Committee on Niger Delta Development Commission to determine the cause of the abandonment of the contract and ensure its re-award to a firm that will speedily execute the project and report back in eight (8) weeks for further legislative action; and
(ii)also mandate the Committee on Legislative Compliance to ensure compliance.
Hon. Randolph Brown (Rivers) moved the motion, Hon.Alexander Adekola (Ekiti), as an infrastructure Motion, it was put to a voice vote and passed.
11. Call for Provision of Infrastructure at the Federal Polytechnic, Ukana, Akwa Ibom State:
Hon. Emmanuel S. Akpan:
The House:
Recalls that the Federal Polytechnic, Ukana, Akwa Ibom State was established in June 2014 to aid the technological innovation and value oriented training to meet the manpower requirements necessary for the development of the Nation and for the betterment of the citizenry;
Aware that a citadel of learning like a Polytechnic requires an infrastructural standards that must be put in place in order to make it functional and conducive for learning;
Also aware that since its establishment, the Ukana Polytechnic is still operating from its temporary campus that is bereft of basic infracstructure such as administrative blocks, access roads, workshops, laboratories, library, books etc, while its permanent campus has been under construction since 2014;
Cognizant that the Polytechnic is fast growing in population and those basic infrastructure must be put in place urgently to provide for a conducive academic environment;
Resolves to:
(i)urge the Federal Ministry of Education to ensure that basic infrastructure are provided at the Federal Polytechnic, Ukana, Akwa-Ibom State to enhance quality learning; and
(ii)mandate the Committee on Tertiary Education and Services to ensure that provision is made in the 2018 Budget for carrying out the above.
Hon. Emmanuel Akpan (Akwa Ibom) moved the motion, Hon Nwokocha (Abia) seconded the motion, as an infrastructure Motion, it was put to a voice vote and passed.
12. Call to Commence the Second Phase of the Rehabilitation of Enugu-Onitsha Expressway in Anambra State:
Hon. Tony Nwoye:
The House:
Aware that the Federal Government, in the 2016 budget, appropriated the sum of five billion, four hundred million Naira (₦5.4 billion) for the reconstruction/rehabilitation of Enugu-Onitsha Expressway after several years of neglect and abandonment and commenced the said road rehabilitation from the Enugu section of the expressway, and also appropriated about seven billion, five hundred million Naira (₦7.5 billion) only in the 2017 Appropriation Act for the project;
Informed that the Federal Ministry of Power, Works and Housing, in conjunction with the House Committee on Works, embarked on a joint inspection and assessment of the expressway on December 10, 2016 and confirmed that it is in a complete state of disrepair and constitutes a nightmare to motorists and therefore requires urgent attention, particularly the Odumodu junction-Umunya-Nteje to Awkuzu junction axis which witnesses accidents almost on a daily basis with the attendant loss of lives;
Cognizant that the funds appropriated in the 2017 budget for the reconstruction works can support the ongoing rehabilitation of the expressway both from the Enugu section and the second phase from Onitsha section simultaneously, in order to reduce the extreme hardship being experienced by commuters, end accidents on this vital Expressway which connects the South East, the South South and the South West geopolitical zones of the country;
Resolves to:
(i)urge the Federal Ministry of Power, Works and Housing to, as a matter of urgency, commence the second phase of the ongoing rehabilitation of Enugu – Onitsha expressway, particularly from Odumodu junction-Umunya-Nteje to Awkuzu junction in Anambra State; and
(ii)mandate the Committee on Works to ensure compliance and report back in eight (8) weeks for further legislative action.
The Deputy Speaker noted that the said road had been provided for in the 2017 budget, it is even a problem between the Minister of Works and the National Assembly, Hon. Tony Nwonye stated that the delay will be hazardous, as the road had become a death trap. He was advised to liaise and ensure financial mobilization be effected instead, it was ruled to be stepped down.
13. Need for Review of the Public Financial Management System and Supreme Audit Institution:
Hon. Sergius Ose Ogun:
The House:
Notes the parlous state of the public financial management system that manifests in near daily media reports of theft and conversion of whopping sums of public funds by public office holders despite the fight against corruption and the ceaseless clamour for change and national rebirth;
Also notes the Report of the Nigerian Extractive Industries Transparency Initiatives (NEITI) that dividends of $15.8 billion that accrued to the Nigerian Liquefied Natural Gas (NLNG) between 2000 and 2014 were yet to be remitted to the Federation Account in brazen violation of sections 80 (1) and 162 (1) of the Constitution of the Federal Republic of Nigeria, 1999;
Observes that the country has degenerated to a level of official mismanagement and recklessness that ministries, departments and agencies operate for several years without internal or external audit reports and review despite the plethora of public financial management legislations, including the Fiscal Responsibility and Public Procurement Acts that have not made any tangible impact on the public accounting malaise;
Acknowledges that the introduction of the Treasury Single Account (TSA) is a welcome development, but it needs a review to curtail some of its operational problems and also be subjected to periodic audit since the rate of commission and other terms of contract with private firms are shrouded in secrecy;
Aware that the constitutional exclusion of the jurisdiction of the Auditor – General of the Federation over audit of accounts of government statutory corporations, commissions, authorities, agencies including all persons and bodies established by Acts of the National Assembly vide section 85(3) of the Constitution is tantamount to constitutional safeguard against accountability, transparency and fiscal responsibility in the public accounting affairs;
Also aware that NEITI is a private transparency initiative targeted at the extractive industry and as such, a complementary mechanism that cannot supplant the constitutional, administrative and legal certainty of a country’s supreme audit institution;
Cognizant that public administration anchored on periodic publication of monthly, quarterly and yearly financial returns that are subject to timely internal and external audits is the only practical solution to the mindless looting of public treasury which can only be achieved through diligent reform of the public service generally and the supreme audit institution in particular;
Resolves to:
Mandate the Committees on Public Accounts, Finance and, National Planning and Economic Development to undertake a holistic scrutiny of the public finance management institutions, especially the Office of the Auditor-General of the Federation and report back within six (6) weeks on ways to reduce if not eliminate the mindless looting of the nation’s treasury.
Hon. Ogun Sergious O. (Edo) moved the Motion, and prayed the House to use the instrumentality of laid down Laws to urge Agencies like the Office of the Auditor General’s Office to do what they are set up to do. Essential audits should always be carried out so that the nation doesn’t keep waking up to the embarrassment of hearing of strange monies found in strange places. The Minority Leader of the House, Hon. Leo Ogor (Delta) stated that some of the issues raised in the Motion are a bit vague and more work should be done to know exactly who to petition, because it is not the office of the Auditor General’s Office, maybe the Ministry of Finance. Hon. Huang Pwajok (Plateau) aligned his contribution with the views of Hon. Leo Ogor and stated that the Motion seems to look like the House Committee on Public Accounts is inefficient without actually saying so without and preferring solutions. It was stepped down to be amended and taken on a different Legislative day.
14. Call on the Federal Government to Redeem its Promise to Reward the 1983 Flying Eagles Team for its Historic Achievement:
Hon. Abbas Tajudeen:
The House:
Recalls that the 1983 Flying Eagles team was the first Nigerian national football team to qualify for any Federation of International Football Associations (FIFA) organized football tournament;
Also recalls that the team emerged as African Champions in the Under-20 World Cup qualifying series in the African zone to represent Africa in the FIFA organized Under-20 World Cup in Mexico in 1983;
Further recalls that before that feat was achieved, several national football teams, including the Super Eagles had attempted to qualify but failed;
Notes that successive Federal Administrations have paid only lip service to rewarding the team or fulfilling the promise to award scholarship to every player in the team;
Also notes that the National Lottery Commission, which was established to fund the nation’s sportsmen and women has not lived up to expectations in this regard;
Desirous of rewarding the surviving members of the team and establish a template for the reward of sportsmen and sportswomen who win laurels for the country in international competitions and tournaments;
Resolves to:
(i)urge the Federal Government to redeem its promise to award scholarships in any academic institution of choice in this financial year to the members of the Flying Eagles team of 1983 that qualified Nigeria for the under-20 World Cup in Mexico;
(ii)also urge the Federal Government to, as an alternative, reward any player who is Late or not interested in academic pursuits by monetizing the award, giving them national honours or honouring them as it deems fit in concrete terms; and
(iii)mandate the Committee on Sports to liaise with the Federal Ministry of Youth and Sports to ensure implementation and report back in six (6) weeks for further legislative action.
Hon. Tajudeen Abbas move the Motion, Deputy Minority Leader seconded the Motion. Hon. Abbas moved that just as the Nation takes punishing wrong doers seriously; it should also be seen to praise heroes, and the dire need of the reward of these heroes be taken seriously to encourage young ones and due to the utter neglect the Eagkes have suffered all these y ads, which sends a very wrong signal. The Motion was put to a voice vote and passed.
The Deputy Speaker gave leave to The House Chairman, Rules and Business, Hon. Orker Jev to step down items 15 and 16 on the Order paper, they were stepped down to be considered on Thursday 20th July, 2017.
CONSIDERATION OF REPORTS (moved to Thursday, 20th July, 2017)
15. A Bill for an Act to Incorporate Annex 12 to the Convention on International Civil Aviation, 1944 into Nigerian Law, to Establish the Nigerian Search and Rescue Service and to Provide for Other Matters Connected Therewith (HB. 319) (Adjourned Consideration: 22/2/2017).
16. Ad-hoc Committee to Investigate all Cases of Invasion of Properties and Arrests of Persons for Reasons Outside the General Duties of the State Security Service (SSS):
Hon. Garba Datti Muhammad:
“That the House do consider the Report of the Ad-hoc Committee to investigate all cases of invasion of properties and arrests of persons for reasons outside the general duties of the State Security Service (SSS) as prescribed by the National Security Agencies Act, since 29 May, 2015 and approve the recommendations therein” (Laid: 11/4/2017):
(i)that there is the need to amend the National Security Agencies Act to more clearly state the powers of the State Security Service to investigate corruption cases that affect national security;
(ii)that there is the need to amend the National Security Agencies Act by incorporating the principles enshrined in Instrument No. SSS I to make for a more comprehensive statute as well as end speculation over the status of the Instrument in Nigeria’s hierarchy of laws;
(iii)that there is the need to amend the Evidence Act, 2011 by repealing sections 14 and 15 to make evidence procured or obtained as a result of an illegal search inadmissible as obtainable in other jurisdictions like the United States;
(iv)that for the purpose of future arrests, the SSS must differentiate between cases of persons who offer no threat both in terms of physical violence and capacity for escape and therefore not needing to be subjected to auxiliary measures (including arrests at night) on the one hand, and those persons in respect of whom such measures are justifiable on the other hand, in order to minimise the needless apprehension and trauma to which such persons are subjected to;
(v)that the amendments to the NSA Act contained in Recommendations (i) and (ii) can only be attained by the procedure for the alteration of the 1999 Constitution under section 9 (1) and (2). This is on account of the provisions of section 315(5) of the 1999 Constitution which provides that the NSA Act, among others, “shall not be altered or repealed except in accordance with the provisions of section 9 (2) of this Constitution”;
(vi)that the SSS should tender an unreserved apology to the Akwa Ibom State Government for the embarrassment occasioned by the failure of the SSS to clarify to both the Akwa Ibom State Government and the public the circumstances in which it executed the search warrant at the Akwa Ibom State Government Lodge and the outcome of the search;
(vii)that given what has happened on the arrests and prosecution of judges for corruption related offences and the incident in Port Harcourt during the botched attempt to arrest a judge, there is the need for the SSS to adopt a system of briefing political office holders and senior public servants at the onset of their appointments on the conduct expected of them and what would be considered improper or unlawful conduct under the law. This should be one of the responsibilities of the various State Directors of the SSS.
The Acting Leader of the House then moved for the adjournment of the House to Thursday, July 20 2017 @ 11:00am, The House adjourned.
