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VOL. 10 No. 6, JUNE, 2016 A PUBLICATION OF CISLAC Continued on page 4 he recent celebrations of Nigeria's Democracy Day Tmarked exactly one year since the emergence of the 8th National Assembly with a solemn declaration asserting that the Assembly under the new legislators shall make relentless legislative effort to resolve Nigeria's problems. Apparently, critical performance assessment of the Assembly has become essential to understand how the legislators are faring in their trend towards fulfilling their electoral mandates. Legislature as a law-making body of a political unit has power to enact, amend, and repeal public policy. Just as the legislature has the mandate to control through legislation all economic, social and political activities of the nation, it also scrutinizes the policies of the executive and provides the framework for the judiciary to operate. The core mandates of the legislature are explicitly stated in the 1999 Constitution of the Federal Republic of Nigeria. It is on this note that the Constitution outlines the powers of the Federal legislature, which is divided into two Chambers: the Senate (Upper Chamber) and the House of Representatives (Lower Chamber). By: Abubakar Jimoh www.facebook.com/cislacnigeria @cislacnigeria website: www.cislacnigeria.net of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation, which shall consist of a Senate and a House of Representatives.” Among the first year appreciable legislative efforts by the 8th Assembly were the passage of significant Bills such as Appropriation Bill 2016, Criminalisation of Sexual Harassment Bill, North East Development Commission Bill, Electronic Transaction Bill, Debt NASS: A Critical Assessment of One-Year Legislative Activities This piece takes critical assessment of performance by the legislators in accordance with those key constitutional functions identified by the Civil Society Legislative Advocacy Centre (CISLAC) such as law-making, oversight, representation, financial control, confirmation of appointment, and constitution amendment. Section 4(1) of the Constitution provides that the “legislative powers Law-making

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Page 1: TNigeria's Democracy Day - CISLAC Nigeriacislacnigeria.net/.../uploads/2016/10/CISLAC-July-2016-Newsletter-pd… · Legislative Digest and Tobacco Control Update which have been in

VOL. 10 No. 6, JUNE, 2016A PUBLICATION OF CISLAC

Continued on page 4

he recent celebrations of

Nigeria's Democracy Day Tmarked exactly one year since

the emergence of the 8th National

Assembly with a solemn declaration

asserting that the Assembly under

the new legislators shall make

relentless legislative effort to resolve

Nigeria's problems.

Apparently, critical performance

assessment of the Assembly has

become essential to understand how

the legislators are faring in their

trend towards fulfilling their electoral

mandates.

Legislature as a law-making body

of a political unit has power to enact,

amend, and repeal public policy. Just

as the legislature has the mandate to

control through legislation all

economic, social and political

activities of the nation, it also

scrutinizes the policies of the

e x e c u t i v e a n d p r o v i d e s t h e

framework for the judiciary to

operate.

The core mandates of the

legislature are explicitly stated in the

1999 Constitution of the Federal

Republic of Nigeria. It is on this note

that the Constitution outlines the

powers of the Federal legislature,

which is divided into two Chambers:

the Senate (Upper Chamber) and the

House of Representatives (Lower

Chamber).

By: Abubakar Jimoh

www.facebook.com/cislacnigeria@cislacnigeria website: www.cislacnigeria.net

of the Federal Republic of Nigeria

shall be vested in a National

Assembly for the Federation, which

shall consist of a Senate and a House

of Representatives.”

Among the first year appreciable

legislative efforts by the 8th

Assembly were the passage of

s i g n i f i c a n t B i l l s s u c h a s

A p p r o p r i a t i o n B i l l 2 0 1 6 ,

C r i m i n a l i s a t i o n o f S e x u a l

Harassment Bill, North East

Development Commission Bill,

Electronic Transaction Bill, Debt

NASS: A Critical Assessment of One-Year Legislative Activities

T h i s p i e c e t a k e s c r i t i c a l

assessment of performance by the

legislators in accordance with those

key const i tut ional funct ions

identified by the Civil Society

Legis lat ive Advocacy Centre

(CISLAC) such as law-making,

oversight, representation, financial

control, confirmation of appointment,

and constitution amendment.

Section 4(1) of the Constitution

provides that the “legislative powers

Law-making

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ivil Society Legislative Advocacy Centre (CISLAC) is a non-governmental, non-profit, advocacy, Cinformation sharing, research, and capacity building organisation. Its mission is to strengthen the link between civil society and the legislature through advocacy and capacity building for civil society groups and policy makers on legislative processes and governance issues.

CISLAC was integrated as a corporate body (CAC/IT/NO22738) with the Nigeria's Corporate Affairs Commission (CAC) on the 28th December 2006. Prior to this incorporation, however, CISLAC had actively been engaged in legislative advocacy work since 2005. The organisation is also compliant with the Anti-Money Laundering Act 2007. The Organisation reports to SCUML, any transaction that is above One thousand dollars, detailing the payee, purpose and the other KYC (Know Your Customer) requirements. This is done on a weekly or monthly basis depending on the volume of transactions and to ensure appropriate compliance with anti-money laundering laws. Also, CISLAC is registered organisation under the National Planning Commission.

As indicated above, the organisation emerged from the need to address the gaps in legislative advocacy work of civil society and government access to civil society groups. CISLAC's engagement with Federal Ministries, National and State Assemblies, Local Government Administrations, private sector interests, and non-government organisations, has opened a window through which the public and policy officials can interact and collaborate.

CISLAC through its engagement of the governance processes in Nigeria has facilitated the enactment of several primary legislations such as the Fiscal Responsibility Act, Public Procurement Act, and Nigeria Extractive Industry Transparency Initiative Act which promotes transparency and accountability in governance as well as the domestication of international conventions at the Federal and state levels in Nigeria. CISLAC also supported the passage of the Freedom of Information Act. Other pieces of legislations such the National Tobacco Control Bill, National Health Bill, Disability Bill, Gender and Equal Opportunity Bill, Violence and Persons Prohibition Bill, Whistleblower Protection Bill, Prison Reform Bill, etc. are also supported by CISLAC.

As a renowned CSO in Legislative advocacy in the region, CISLAC has on several occasions shared its experience on best practises for legislative advocacy on invitation from its international partners such as the World Bank Parliamentary Forum and the United Nations Millennium Campaign in African countries such as Kenya and Zimbabwe. Similarly, Ghana, Kenya, and Democratic Republic of Congo have also requested support from CISLAC for replication of their work in Legislative advocacy. In many West African countries such as Liberia, Sierra Leone, Ghana, Cameroon, Niger, Togo and Benin Republic, CISLAC has carried out experience sharing and advocacy exercises on the Extractive Industry Transparency Initiative processes through supporting the passage of extractive industry initiative laws in these countries. CISLAC has also undertaken capacity building for legislators, CSOs and Media on policy engagements in the above countries.

CISLAC's sub-granting experience includes grants to national organisations. With skilled, committed, experienced and proactive leadership and employees, particularly in the areas of coalition building, tenacious advocacy, community mobilization and the clout needed to engage lawmakers at all levels, the organization proven capacity to attract international solidarity, engage policy makers and mobilize local civil society groups and communities into action.

GOAL

“To make legislature accessible and responsive to all”.

VISION

“A Nigeria in which citizens are participating in governance; the government is safeguarding the rights and welfare of the people; and non-state actors are providing space for citizens to demand accountability”.

MISSION

“To increase the legislature and CSOs' impact in the legislative process”.

ADVOCACY VISITS

CISLAC has successfully engaged key members of the National Assembly in order to wield their influence in ensuring that civil society positions are accommodated. In 2006, for instance, CISLAC targeted key players and created public awareness on draft legislation and questionable provisions incorporated by the National Assembly. Such efforts improved the levels of discipline, transparency, and accountability in the management and openness of fiscal responsibility, public procurement, and the nation's extractive Industry sector in Nigeria.

Through such efforts, CISLAC has empowered communities mostly affected by the extractive industry sector, improved the levels of information dissemination, and ensure due process and transparency in the payments made by extractive industry companies to the Federal Government and its agencies. It has also educated State and Federal legislators, their advisory staff, CSOs, the media, and key stakeholders on their oversight roles in legislation and has reviewed their commitment in implementation.

PUBLICATION OF MONTHLY NEWSLETTERS

CISLAC has strengthened civil society intervention by the publication of a monthly newsletter Legislative Digest and Tobacco Control Update which have been in circulation for both public and legislative consumption since October 2006 and June 2013 respectively. It has been a central medium of accountability, as it monitors the performance of Legislators, and a channel for advocacy on critical issues that need legislation. Also, CISLAC has a wide range of publications such as Textbooks and Policy Briefs.

CISLAC'S MAJOR DONORS

1. Oxfam Novib

2. Oxfam International

3. Oxfam GB

4. Ford Foundation

5. Mac Arthur Foundation

6. PACT Nigeria/USAID

7. United Nations Millennium Campaign (UNMC)

8. Open Society Initiative for West Africa (OSIWA)

9. Heinrich Boll Foundation (HBF)

10. United Nations Development Programme (UNDP)

11. Campaign for Tobacco Free Kids (CTFK)

12. Friedrich Ebert Stiftung

13. The Federal Public Administration Reform (FEPAR)/DFID

14. T.Y. Danjuma Foundation

15. Bill & Melinda Gates Foundation (BMGF)

16. Voice for Change (V4C)

17. National Endowment for Democracy

18. Nigeria Stability and Reconciliation Programme (NSRP)

19. USAID/Strengthening Advocacy and Civic Engagement (SACE)

20. International Organisation for Migration (IOM)

21. African Capacity Building Foundation

22. Australian Government

23. North East Regional Initiative (NERI)

THE BOARD OF TRUSTEE

This is the policy-making organ of the organisation. It approves the budget of the organisation, provides contacts for operational funds and supports the operation of the secretariat.

1. Mr. Auwal Ibrahim Musa (Rafsanjani)

2. Mr. Adesina Oke

3. Mr. Y.Z Y'au

4. Ms. Nkoyo Toyo

5. Ms. Hadiza Kangiwa

6. Mr. Adagbo Onoja

ADVISORY COUNCIL

The Advisory Council is an advisory organ consisting of people with vast experience and knowledge of socio-economic and political dynamics in the country and across the world. 1. Hon. Uche Onyeaguocha2. Prof. Okey Ibeanu3. Prof. Sam Egwu4. Dr. Abubakar Momoh5. Chom Bagu6. Gen. Ishola Williams (rtd)7. Dr. Afia Zakiya (Ms)8. Prof. Muhammed Tawfiq Ladan9. Halima Ben Umar (Ms.)10. Bukhari Bello

THE SECRETARIAT

The Secretariat is vested with the day-to-day running of the organization. It implements the decisions of the Board of Trustees. It is headed by an Executive Director who oversees the day-to-day running of the organisation while a Senior Program Officer oversees programmes implementation along with other programme staff.

Head Office, Abuja:

Mr. Auwal Ibrahim Musa (Rafsanjani) - Executive DirectorMr. Kolawole Banwo - Senior Program Officer (Extractive,

Environment and Security)Mr. Okeke Anya - Senior Program Officer (ECOWAS & AU)Ms. Chioma Blessing Kanu - Snr. Program Officer (MDGs, Gender, Reproductive

Health and Anti-corruption)Mr. Salaudeen Hashimu Nurani - Program Officer (Human Rights/Migration,

Agriculture/ Livelihood)Mr. Abubakar Jimoh - Head, Communication and InformationMr. Chinedu Bassey - Program Officer (Tax Justice)Mrs. Hauwa'u Bin Abdallah - Admin OfficerMr. Omomhenle Ehis - Finance OfficerMr. Gonji Dadoh Timbut - Assistant Finance OfficerMrs. Abimbola S. Okoilu- Miró - Secretary/Assistant Program OfficerMr. Augustine Erameh - Assistant Program OfficerMs. Lovelyn Agbor - Monitoring and Evaluation OfficerMs. Onyekachi Eke - Media OfficerMr. Muhammed Murtala Muhammed - Asst. Program OfficerMr. Prince Onwuike - M&E OfficerMs. Abiodun Oladipupo - Office AssistantMs. Fatima Shaibu - Office AssistantMs. Isese Sor - Intern Mr. Solomon Adoga Wonah - InternMs. Chinasa Akah - InternMs. Isibakhome Azugbene - Intern

Regional Office: Kano

Mr. Nura Maaji - Program Officer

About us

Legislative Digest Vol. 10 No. 6, June, 20162

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EDITORIAL

he Civil Society Legislative Advocacy Centre

(CISLAC) welcomes the on-going devoted Tattention by Senate of the Federal Republic of

Nigeria to the NEITI Audit Reports for 2013 released

recently. We welcome the commitment by the Senate

President that the Report will be debated henceforth in

the Plenary Sessions on the floor of the Senate.

It would be recalled that upon the release of the report on

May 23, 2016, CISLAC had in a Statement, decried the

recurrence of damning findings it contained and called

on the National Assembly to, upon receipt of the Reports,

table them for debate in plenary and use it as a

springboard to expedite the passage of the PIB.

CISLAC had always advocated that a major component

of legislative responsibility in effective oversight of the

implementation of the NEITI process and Audit Report, to

which Nigeria commits huge amounts of financial and

human resources, is to have it debated on the floor of the

NASS and thereafter followed by Resolutions which are

then followed through for implementation. We had

always advocated that these actions were critical in

ensuring the implementation of remedial action arising

from the reports.

We therefore consider the pronouncements of the

Senate President, as widely reported in the media, a

commendable development and a step in the right

direction. We note that when eventually done, it would be

the first time it will be happening since the

commencement of the implementation of the NEITI

process in Nigeria.

CISLAC believes that the debate in plenary will, in

addition to publicizing the findings to promote deeper

debates among citizens, contribute to facilitating the

implementation of the recommendations of the auditors,

by engaging the NSWG to promptly set up the Inter-

Ministerial Task Team, IMTT and prompting them into

immediate action.

We therefore urge the senate to do more by ensuring that

these pronouncements by her President does not end up

as a mere media show and quest for positive media

attention but is followed up by action that will culminate into

the immediate scheduling of the report for plenary debate

as promised. Such debates, when held, should be devoid

of sensationalism, partisanship and politics, but robust,

focused, issue based and constructive, portraying the level

of intelligence and constructiveness that Nigerians expect

of their elected representatives. They should then be

concluded with Resolutions that are practical and

actionable with the NASS deploying every strategy within

their powers to ensure implementation so as to deepen the

level of transparency and accountability in the extractive

sector.

We encourage the House of Representatives to follow suit

in debating the reports an also coming up with useful

Resolutions. CISLAC calls on the relevant Committees in

both chambers to strengthen their oversight of the covered

entities and other agencies involved in the management of

revenues from our natural resources, to ensure that they

lead up to expectations as a proactive way of preventing

the recurrence of the nature of findings reported in the

2013 in subsequent reports.

CISLAC reiterates the call on the Federal Government to

urgently commence the process for the passage of the

PIB. Working with the media and all other stakeholders, we

will continue to engage the National Assembly to ensure

that they fulfil their obligations to the Nigerian people until

the management of extractive revenues translate to

tangible benefits and development for all citizens.

Auwal Ibrahim Musa (Rafsanjani)

Editor-in-Chief

Abubakar JimohEditor

Chioma Kanu

Abimbola S. Okoilu-Miró

REGIONAL OFFICE: KANO

3rd Floor, NISTF Building

No. 1A, Social Insurance Road Behind Trade Fair Complex

Zaria Road, Kano

P.O. Box 10210

Kano State

REGIONAL OFFICE: ADAMAWA

Government Lodge Area

Off Main Drive

Dougerei Layout

Jimeta, Yola

Adamawa State

REGIONAL OFFICE: YOBE

Maiduguri Road,

Adjacent Federal Polytechnic

Near EcoBank,

Damaturu,

Yobe state

CONTACT ADDRESS:

Flat 3, No. 16 P.O.W. Mafemi Crescent

Off Solomon Lar Way

Behind Chida Hotel

Near Daily Trust Newspapers Office

Utako District, Abuja - Nigeria

Tel: 234-08033844646

Website: www.cislacnigeria.netEmail: cislac@

cislacnigeria.net

CISLAC Welcomes Senate's Attention to NEITI Audit Report

A Publication of Civil Society Legislative Advocacy Centre (CISLAC)

Legislative Digest Vol. 10 No. 6, June, 2016 3

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COVER STORY

Continued from page 1

compared to 123 bills passed and 115

motions considered by 7th Assembly

in four years. While 130 bills were

passed for the First Reading on a

single day in 2015, the Speaker

compared these achievements with

the 591 bills introduced in the

Seventh National Assembly in four

years.

Also, in terms of legislation,

Nigerians would not fast forget the

egocentric attempt by the Upper

Chamber to hasting the passage of

proposed amendment to the law

setting up the Code of Conduct

Bureau (CCB) and the Code of

Conduct Tribunal (CCT), with a view

to whittling down the agencies'

powers.

This triggered public debates on

need for persistent checks and

balances over the constitutional

power of the legislature. For instance,

a group of Civil Society Organisations

(CSOs) working to promote justice

and good governance in Nigeria

described as “betrayal of public trust,

total disregard for administration of

justice, and utmost conflict of

interest”, the attempt by the Senate

of the Federal Republic of Nigeria to

hasten the passage of the proposed

amendment to the law setting up the

Code of Conduct Bureau (CCB) and

the Code of Conduct Tribunal (CCT).

The group, which consists 23

CSOs in a press conference held

recently in Abuja noted that it was

monitoring with consternation, “the

undemocratic, self-serving, and

dubious effort of the Senate”. It said it

was clear that the underhand moves

in the Senate were aimed at whittling

down the powers of the agencies, and

not about making it better to

strengthen the anti-corruption fight.

Besides, despite public criticisms

against the Assembly's huge budget

as contains in the 2016 Appropriation

Act, the original sum allocated was

retained. Indeed, attempt by the

executive arm to halt the overburden

cost of governance in the legislature

resulted in needless delay in the

Recovery and Insolvency Bill 2015

and the Railway Transformation Bill.

The House has constituted a

standing Committee on Refugees,

Migrants, Internally Displaced

Persons and Initiatives on the North

East Zone. It passed a Resolution on

Rehabilitation, Reconstruction,

Recovery and Development of the

North East of Nigeria. In addition, a

request was made to President

Muhammadu Buhari to set up

machinery for the establishment of a

N o r t h E a s t D e v e l o p m e n t

Commission and to facilitate the

convening of an International Donor

Conference or Summit as soon as

possible to actualise the Resolution.

The Upper Legislative Chamber

has passed no fewer than 300 Bills

and 162 motions. In collaboration

with international partners and the

private sector, it researched into the

ways and means of improving the

business environment to attract

investment which led to the

identification of 54 laws that must be

brought in line with international

best practices in order to open up the

business environment for private

investment and business, and the

subsequent 15 major economic reform

bills and seven business environment

bills that would help to jump-start the

economy and improve the living

conditions of Nigerians.

Similarly, within the period, the

House received a total of 685 bills and

considered over 530 motions

Legislative Digest Vol. 10 No. 6, June, 20164

The Upper Legislative Chamber

has passed no fewer than 300

Bills and 162 motions.

NASS: A Critical Assessment of One-Year Legislative Activities

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COVER STORY

Legislative Digest Vol. 10 No. 6, June, 2016 5

Another attempt of the Nigerian Senate to

regulate the social media platforms through a

Bill entitled 'Frivolous Petitions Bill' received

serious response, mostly condemnations both

within and outside the country

88 of the 1999 Constitution (as

amended in 2010), which empowers

the legislature to carry out

investigations within its competence

to prevent and expose corruption,

inefficiency or waste in the execution

or administration of laws.

As part of its oversight efforts,

worried by paucity of funds in many

states of the federation to carry out

developmental projects, in April

2016, the National Assembly

summoned 26 states over the

expenses incurred on the federal

roads projects executed in their

respective states, with a view to

ascertaining the facts and figures for

a refund. The meeting was reportedly

called at the instance of the House

Committee on Works so as to assist

the committee to verify all claims

submitted by the states affected by

non-payment of funds incurred on

some of the federal roads projects.

The Assembly had summoned key

players in the petroleum industry

over the state of the country's

refineries and N1trillion oil revenue

fund reportedly missing the

Executive Secretary of the Nigeria

Extractive Industry Transparency

Initiative (NEITI). The House

Committee on Privatisation at the

same summoned Minister of State for

Petroleum, Dr Ibe Kachikwu to

explain reasons behind the decision of

the Nigerian National Petroleum

Corporation (NNPC) rather than the

Bureau of Public Enterprises (BPE)

opening bids for the sale of the three

refineries in Warri, Kaduna and Port

Harcourt.

The Senate and the House of

Representatives Joint Committee on

Appropriation had summoned the

Minister of Finance, Kemi Adeosun

and her budget and Planning

counterpart, Sen. Udoma Udo Udoma

to appear before it and explain the

reasons behind the 2016 proposed

budget mess. Concerned by the

present economic situation in the

country, the Senate summoned the

Minister of Finance and the Governor

of Central Bank of Nigeria, CBN, Mr.

Godwin Emefiele to appear before it

passage and assent to the 2016

Appropriation Bill. The legislature's

high cost of governance in the face of

the nation's austere financial

challenges had received serious

criticisms from the public. For

instance, Robert Awokuse, a public

affair analysis wrote: “It is pitiable

that many political office holders are

not ready to make necessary

sacrifices that will enhance speedy

development. The latest situation at

the National Assembly indicated that

many of the federal lawmakers may

not be ready to make some sacrifices

as being predicted by many political

watchers.

“If indeed the lawmakers, as

representatives of the Nigerians,

refuse any possible reduction of their

salary and allowances, their actions

may be said to contrast the role of a

responsible father, who is expected to

prioritise the needs of his family over

his own sentiments. Many have

fumed at the swelling ranks of

lawmakers who accrue so much to

themselves, particularly the situation

where they are alleged to collect huge

salaries and allowances, running into

billions of naira without addressing

the legitimate concerns of the

workers.”

Another attempt of the Nigerian

Senate to regulate the social media

platforms through a Bill entitled

“Frivolous Petitions Bill” received

s e r i o u s r e s p o n s e , m o s t l y

condemnations both within and

outside the country. Many questioned

the significant of “Social Media Bill”

to speedily command intensive

legislative support of the Upper

Chamber and scaled through the

second reading within short time,

unlike other important Bills that

would have served the best interest of

common Nigerians like National

Health Bill (now Act) which laid

dormant in the Assembly for more

than a decade before it was

successfully passed into law by the

7th Assembly; Petroleum Industry

Bill (PIB); Protection of Persons with

Disabilities Bill; Anti-torture Bill;

2010 Electoral Act Amendment Bill;

Whistle-blower Protection Bill;

Gender and Equal Opportunity Bill;

among others. The Bill was later

withdrawn following persistent

public outcry.

Oversight function of the National

legislature is provided under Section

Oversight Function

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COVER STORY

Legislative Digest Vol. 10 No. 6, June, 20166

legislators not only derive their

mandate directly from the people but

also have to render accountability to

the people. In the analysis of CISLAC,

there are three dimensions of

l e g i s l a t i v e a c c o u n t a b i l i t y :

Information accountability — the

extent to which representatives

provide information to their

constituencies; Representational

accountability — the extent to which

act ions and del iberat ions of

legislators informed by the actual

issues that their constituencies want

a d d r e s s e d ; a n d G o v e r n a n c e

accountability — the extent to which

legislators ensure that the executives

over which they oversight utilize

public resources to promote the

welfare of the people and to generally

develop the society.

Within the year under review,

legislative activities were dominated

by the procurement of 108 brand new

Toyota Land Cruiser vehicles by the

Senate in spite the financial

challenges confronting the country

and the public clamour for reduction

in cost of governance, resulting in

extensive public debates on what

should const i tute legis lat ive

mandates and core democratic

values. The legislative time and

resources geared towards the

baseless struggles for possession of

the vehicles became a shocking

development; as the citizens began to

question the quality and interest of

the legislators who were primarily

elected to serve common goal.

Nigerians did not hid their ill-feelings

against the legislators' sudden

clamour for exotic vehicles at a time

when the country is confronted with a

chronic public finance challenge

characterised by inability of many

states to pay salaries and the

inability of the Federal Government

to raise sufficient revenue amidst

declining crude oil prices.

This to a large extent raises a

critical question on whether the

citizens have fair representation in

the legislature and if they do, how

accountable and transparent are

legislators in the legislative issues.

The extent of public dissatisfaction in

the legislative representation was

explicitly stated in a statement by the

Nigerian Labour Congress (NLC)

President, Ayuba Wabba, when he

said it was “morally despicable and

shameful” that the lawmakers

embarked on such acquisition when

they were supposed to occupy

themselves with issues that would

benefit the people.

“ W e c o n s i d e r a p p a l l i n g ,

insensitive and greedy the decision of

the Senate to acquire 108 Toyota

Land Cruiser jeeps (one for each

member less the Senate President)

after collecting car “loans” in August

last year for the same purpose,”

Wabba said.

Similarly, Olalekan Adigun, a

Political Risk Analyst, in a recent

published piece titled “Wither the

Senate?” bemoaned: “Since current

Senator are former governors,

ministers, Representatives and other

political office holders, who are on in

one way or the other on public

financed pensions, we propose

withdrawal of monetary packages for

these previous political officeholders

in the Red Chamber. Legislative

bodies are not money-spinning

institutions. The legislature is a

chamber of reflection, not luxuries.”

The legislators have a duty to

represent the interests of the public.

Apart from servicing the needs of

constituencies, for legislators to be

effective, they must listen to the

citizens, brief them about legislative

and policy issues, aggregate the

demands of these constituencies into

legislative agenda and project these

and brief the Upper chamber on the

Monetary and fiscal policies adopted

to salvage the current economic

situation. The House also summoned

the Governor of the Central Bank of

Nigeria, Godwin Emefiele, to explain

the policy directing commercial banks

to reject foreign currency deposits.

The House as well summoned the

Inspector-General of Police, IGP, Mr.

Solomon Arase, and the Attorney

General of the Federation, AGF, and

Minister of Justice, Abubakar

Malami, over the AGF's directive to

the IG to disregard the National

Assembly's resolution to seal Kogi

State House of Assembly pending the

resolution of the crisis that engulfed

the Assembly.

Representation is an important

function of the legislature. The

legislature has the primary mandate

to carry out representative functions

on behalf of the people who in our

case, are demarcated in 360 federal

constituencies. The legislators have a

duty to represent the interests of their

individual constituencies. Apart from

servicing the needs of constituencies,

for legislators to be effective, they

must listen to their constituencies,

brief them about legislative and

policy issues, aggregate the demands

of these constituencies into legislative

agenda and project these demands on

the floor of the legislative chambers.

The Civil Society Legislative

Advocacy Centre (CISLAC) opines

that as representatives of the people,

Representation

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COVER STORY

Legislative Digest Vol. 10 No. 6, June, 2016 7

Within the first year, several

nominees for appointments were

screed and confirmed by the

Assembly. These include the

appointment of ministerial nominees

forwarded to it by President

Muhammadu Buhari. The nominees

were Nigerians drawn from across the

states and different professions.

In line with section 18 (1) of the

Armed Forces Act, Cap A 20 Laws of

the Federal Republic of Nigeria, the

Senate confirmed the appointment of

the new Service Chiefs. They are

Major-General Abayomi Gabriel

Olonisakin as Chief of Defence Staff

along with Major-General Tukur

Yusufu Buratai as Chief of Army

Staff, Rear Admiral Ibok-Ete Ekwe

So far, constituency

outreach by the 8th

Assembly has poorly

communicated,

requiring

improvement due to

lack of structure for

feedback.

Ibas as Chief of Naval Staff and Air

Vice Marshal Sadique Abubakar as

Chief of Air Staff.

The Senate witnessed the

consideration and confirmation of

Engr. Prof. Umaru Garba Danbatta

for appointment as Executive Vice

C h a i r m a n o f t h e N i g e r i a n

Communicat ions Commission

(NCC). It confirmed the appointment

of Management Directors of Asset

Management Corporation of Nigeria

(AMCON) including: Ahmed Lawan

Karu as Managing Director, Kola

Adeyeye as Executive Director,

Eberechukwu Fortunate Uneze as

Executive Director, Aminu Isma'il as

Executive Director.

The Senate approved the

appointment of Prof. Mahmood

Yakubu as Chairman of the

Independent National Electoral

Commission (INEC) with five other

commissioners—Mrs. Amina Bala

Zakari (North West), Dr. Antonia

Taiye Okoosi -Simbile (North

Central), Alhaji Baba Shettima Arfo

(North East), Dr. Mohammed

Mustapha Lecky (South-south), and

Prince Adedeji Solomon Soyebi

(South West).

Also, the Senate screened and

confirmed the nomination of Mr.

Abdullahi Kaugama as the Resident

Electoral Commissioner for Jigawa

State, Independent National

Electoral Commission (INEC) in

accordance with Section 143 of the

th i rd s chedule o f the 1999

demands on the floor of the legislative

chambers.

Despite the intensity of the

destructions recorded in the on-going

face-off between the Presidency and

Niger Delta Avengers (NDA), who are

allegedly involved in the destruction

of oil pipelines, the Assembly has not

publicly communicated its position to

mitigate or avert the crisis.

Strengthening the linkages

between a legislature and the people

is a necessary step for promoting

peace and stability in a democratic

system. In the words of Nikhil Dutta

et al, these linkages are two-way

phenomena — top-down and bottom-

up communicat ion . That i s ,

legislators represent the people`s

interests, while simultaneously

providing feedback and information

to their constituents on the political

processes.

In this case, when citizens feel

that their views are represented in

government and their representative

bear constituents` interests in mind,

they are not only encouraged to

participate in legislative process, but

also accept the legislature to enact

legislation and the executive to

implement and enforce it.

So far, constituency outreach by

the 8th Assembly has poorly

c o m m u n i c a t e d , r e q u i r i n g

improvement due to lack of structure

for feedback. The Assembly must

explore various feedback mechanisms

to ensure full participation and

involvement of the constituents in the

legislative process.

The power of the Assembly to

confirm appointments by the

executives is contained under 147 (2)

of the constitution which states: “Any

appointment to the office of Minister

of the Government of the Federation

shall, if the nomination of any person

to such office is confirmed by the

Senate, be made by the President.”

Constituency Outreach

Confirmation of Appointment

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COVER STORY

Legislative Digest Vol. 10 No. 6, June, 20168

N6.08trillion 2016 Appropriation Bill

earlier submitted to the National

Assembly by President Muhammadu

Buhari, following his outright

rejection of some line items, leading to

the subsequent withdrawal of the Bill

for adjustment.

In a letter addressed to the

Assembly, the President officially

called for withdrawal of the Bill for

adjustment. The call for its

withdrawal by president Buhari was

not unconnected to the discovery of

some exorbitant figures not in tune

with the current dismal economic

realities in the country.

Following the return of the

Appropriation Bill to the National

Assembly by President Buhari,

relevant joint committees of the

Assembly were charged to subject the

Bill to rigorous scrutiny to ensure

h o l i s t i c c o m p l i a n c e t o t h e

fundamental principles of the

proposed Zero-Based Budgeting.

However, on its passage to the

executive for assent, President

Buhari had refused assent to the Bill

upon misgivings that a number of

critical projects notably, the Calabar-

Lagos rail line, were removed by the

Senate and House Committees on

Appropriation, led by Senator

Danjuma Goje and Abdulmmumin

Jibrin respectively. Pressures by the

Presidency on the need to rewrite the

Budget and include critical projects

left out in the appropriation bill as

passed slipped into another crisis

with the threat by the National

Assembly to veto.

More importantly, the Joint

Committees also slashed funding of

routine immunisation for sustainable

polio eradication from N8 billion to N4

billion, forgetting dare dreadful

consequences of such decision. In

response, in a press conference held in

Lagos, Civil Society Legislative

Advocacy Centre (CISLAC) and

Community Health and Research

Initiative (CHR) under the aegis of

Partnership for Advocacy in Child

and Family Health (PACFAH)

seriously frowned at the slashed

funding for routine immunisation.

After weeks of wrangling over the

2016 Appropriation Bill, the National

Assembly and the presidency finally

reached a compromise on the finer

details of the budget. Part of the

negotiation was to retain the main

underlining figures and parameters

of the budget with the executive

giving some room to the National

Assembly to alter, where necessary,

up to 20-30 per cent of the budgets of

federal ministries, departments and

agencies (MDAs).

Standing on this principle, the

joint committee of the National

Assembly and the executive reviewed

the subheads of the MDAs to ensure

that where budget cuts or additions

exceeded the 20-30 per cent

threshold, they were amended in line

with the agreement reached on the

budget. Through this process, the

s lashed funding for rout ine

immunisation was also returned.

Amendment of the Constitution is another

fundamental function of legislature. The

power and requirement by the National

Assembly for constitutional amendment

is laid down in Section 9(1) of the 1999

Constitution

Constitution of the Federal Republic

of Nigeria as Amended.

Amendment of the Constitution is

another fundamental function of

l e g i s l a t u r e . T h e p o w e r a n d

requirement by the National

Assembly f o r c ons t i tu t i ona l

amendment is laid down in Section

9(1) of the 1999 Constitution, which

states: “The National Assembly may,

subject to the provision of this section,

alter any of the provisions of this

Constitution.”

It would be recalled that the

Senate president, Dr. Abubakar

Bukola Saraki, had urged members of

the State Houses of Assembly in the

36 states to collaborate with the

National Assembly in ensuring the

timely amendment and passage of the

1999 Constitution this year. This

raises a question on how many times

would fruitless effort be made to

amend the Constitution. During the

past administration, over N2billion

expended on the amendment of the

Constitution, which was later

rejected former President Goodluck

Jonathan, just like the one that was

also not concluded after millions of

naira had been spent.

It is the core of democracy that

legislature controls the finance. That

is, no money could be spent or raised

by the executive without the previous

consent and approval of the

legislature. Also, no money can be

withdrawn from the Consolidated

F u n d o f t h e s t a t e w i t h o u t

author izat ion o f leg is lature .

Annually, budget containing the

estimated expenditure and income of

the ensuing year is placed before it.

The legislatures must ensure

effective control over public resources

(the budget legislation). Section 80

lays the powers of the legislature with

respect over budget.

In the wake of New Year,

c o n f u s i o n h a d t r a i l e d t h e

Constitution Amendment

Financial Control

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Legislative Digest Vol. 10 No. 6, June, 2016 9

he Executive Director, African

Centre for Leadership , TStrategy & Development

(Centre LSD), Dr. Otive Igbuzor, has

said the Petroleum Industry

Governance Bill (PIGB) 2016 if passed

into law would provide appropriate

legal and regulatory framework

particularly important for optimal

performance of the oil and gas sector.

The Executive Director made this

known in a paper presented

Stakeholders Consultative Forum on

the Petroleum Industry Bill (PIB)

organised by Civil Society Legislative

Advocacy Centre (CISLAC) in Abuja

recently.

Speaking on the significant of the

Bill, Dr. Igbuzor noted that hostile

nature of the existing law governing

the oil and gas sector in the country

led to reforms that culminated in

preparation of Petroleum Industry

Bill (PIB) in 2008, lamenting non-

passage of the Bill eight years after

owing to many factors.

He said: “Eight years later, the bill

has not been passed into law. There

are many factors that have hindered

the passage of the bill. However, there

are new opportunities for the bill to be

passed. A new bill, the Petroleum

Industry Governance Bill (PIGB)

2016 was presented on the floor of the

Senate on 13th April, 2016. The bill

addresses only the institutional and

governance structure of the petroleum

industry. The Petroleum Industry

Governance Bill (PIGB) is different

from previous versions of the PIB in

many ways.”

Discussing the objectives of the

new Bill, the Executive Director listed

that the Bill aims to: create efficient

and effective governing institutions

with clear and separate roles for the

petroleum industry; establish a

framework for the creation of

commercially oriented and profit

driven petroleum entities that

e n s u r e s v a l u e a d d i t i o n a n d

internationalization of the petroleum

industry; promote transparency and

accountability in the administration

of the petroleum resources of Nigeria;

and foster a conducive business

environment for petroleum industry

operations.

“The bill deals with issues

affecting ministerial powers, industry

regulation, NNPC restructuring and

establ ishment o f commerc ia l

entities,” explained.

He particularly reiterated that the

law should ensure competitive, open,

non-discretionary licensing and

t e n d e r p r o c e s s e s ; p r o m o t e

independent regulator insulated from

political interference; eliminate

discretionary powers to the President

and Minister of Petroleum; establish

Petroleum Host Community Fund to

be used for the development of

economic and social infrastructure of

the communities within the oil

producing areas; address the

lingering challenge of gas flaring, and

e n v i r o n m e n t a l p r o t e c t i o n ,

remediation and restoration.

Also, at the Forum, Comrade

Afolabi Olawale, representing

NUPENGASSAN noted that a major

area of grave concern about Nigeria's

Petroleum Industry has been the

opaque nature of the industry. “Many

processes and activities do not enjoy

the same level of transparency as

compared to what obtains in the

hydrocarbon industries of Norway

and Brazil for example.

“In Nigeria and due to the opaque

nature o f several processes ,

controversies usually arise even

amongst government agencies on such

matters (for example) as the country's

daily production or revenue,” he said.

The Comrade continued: “We have

also had occasions when Presidents

and their Petroleum Ministers award

lucrative oil blocks to themselves or

their cronies. Routinely also,

contracts and licenses are awarded as

political patronage or personal

favours.

“It was to entrench greater

transparency in Nigeria's oil industry

that the country under President

Obasanjo signed up to the global

Extractive Industry Transparency

Initiative (EITI) and consequently

established the Nigeria Extractive

Industries Transparency Initiative

(NEITI) under the NEITI Act. It is

therefore imperative that the PIB

builds on the modest efforts of NEITI

and go further to erase the 'black hole'

perception of our oil and gas industry.”

Olawale advised that PIB must in

concrete term provide for total

transparency with regards to ward of

all contracts and licenses, and other

accompanying processes; make

specific provisions for the mandatory

publication of all incenses, tenders

and contracts ; make speci f ic

p r o v i s i o n s f o r v o i d i n g a l l

confidentiality clauses for oil revenue

and payment information; make

specific provisions for publication on

at least quarterly basis, statistical

figures of oil operations that include

but not limited to production, export,

and import figures; make specific

provisions for publication of annual

reports and audits of operations of

c o m m e r c i a l a n d a s s o c i a t e d

institutions created under the PIB.

'New PIGB Will Promote Transparency in the Oil and Gas Sector' – Experts

EXTRACTIVE TRANSPARENCY

By Abubakar Jimoh

Otive

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NATIONAL ASSEMBLY

Legislative Digest Vol. 10 No. 6, June, 201610

he House of Representatives TCommittee on Local Content has faulted Nigerian Immigration Service for incompetence in the management and monitoring of visas issued to foreigners, directing its management to be alive to its responsibilities of monitoring and applying due sanction for abuse of rule on expatriate quota.

The House also asked the Minister of Interior, General Abdulrahman Dambazzau (rtd) to apply the maximum limit in the deportation order of three

workers of Hyundai Heavy Industry Ltd (HHI). The affected expatriates are Een Soon Moon, Lee Byung Woo and Lee Yoo Jong. The development followed the discovery of gross violation of the provisions of the Nigerian Oil and Gas Content Development Act, 2010 by HHI with particular reference to the requirements for the expatriate quota approval.

Committee Chairman, Emmanuel Okon during a recent meeting with officials of NIS and HHI recalled that at its April 26, 2016 meeting with officials of HHI, it was discovered that Jong Lee, who represented the Managing Director was in Nigeria and working on expired Temporary Working Permit (TWP).

He said: “He was handed over to the NIS, with a request to investigate the HHI and the expatriate quota status of all the expatriates in the company. Upon

carrying the investigation, Lee was eventually repatriated from Nigeria only to have secretly re-entered Nigeria with Subject to Registration Visa (STR) and back working in the company's Lagos office. Further investigation by the Committee also yielded the fact that almost all the expatriates in the company have defective or expired visas. Findings of NIS confirmed that Messrs Moon Soo and Lee Jong work for two different companies even though the two are subsidiaries of South Korea-based parent company HHI.”

Okon added: “If the situation is not properly addressed, it will send a bad signal to the rest of the industry and beyond because the misuse and abuse of expatriate quota is a common occurrence with companies who bring in foreigners nationals. The Federal Ministry of Interior and the NIS must step up in the regulation of the quota system.”

he House of Representatives TSpecial Ad Hoc Committee on the Review of the 1999 Constitution has adopted the 2014 report of the National Conference as one of its working documents.

Despite the objection by President Muhammadu Buhari to the report of the National Conference convened by his predecessor former President Goodluck Jonathan, with the recent declaration that he had never read it and that the document would be confined to history,

h e N i g e r i a n S e n a t e h a s Tcommenced deliberation on the National Grazing Reserves Bill, which seeks to establish grazing reserves for pastoralists in the country.The Bill, which was sponsored by Rabiu Kwankwoso, representing Kano Central Senatorial District came amid recent outbreak of clashes between herdsmen and farmers mostly in

he Senate has directed Federal TGovernment to move the initial N50 billion part payment of the fine imposed on MTN by the Nigeria Communications Commission (NCC) from the Central Bank of Nigeria's (CBN) recovery account to NCC treasury single account (TSA).

S imi lar ly , the Senate has m a n d a t e d i t s C o m m i t t e e o n Communications to adequately probe the handling of the fine imposed on

the House Committee has chosen to follow a different path, as its decision to adopt the report was taken at a recent retreat presided over by the Deputy Speaker, Hon. Yussuff Sulaimon Lasun, who is also the chairman of the committee.

A recent statement by the Chief Press Secretary to the Deputy Speaker, Mr. Wole Oladimeji, confirmed that copies of the report had already been circulated among members of the Committee.

southern and central parts of the country. Prior to its passage for first reading in the Senate, the Bill had earlier been presented at the House of Representatives.

It would be recalled that many Nigerians are opposed to any plan to create grazing reserves in the middle and southern parts of the country.

MTN from N780 billion to N330 billion.

It would be recalled that NCC had in October, 2015, imposed a fine of N1.04 trillion on MTN over its decision to keep over five million unregistered subscribers in its network last year in violation of NCC Act. However, after persistent pressure from MTN and external forces, NCC reduced the fine to N780 billion before finally reviewing it to N330 billion.

he House of Representatives has Tinaugurated a 10 man Ad-hoc committee to collaborate with the Central Bank of Nigeria (CBN) and other agencies with the view to ascertain the N2.9 trillion accrued into the Treasury Single Account (TSA).

The resolution was passed following the adoption of the motion on the 'Need to ascertain the proceeds of the Treasury Single Account to enhance transparency accountability and good governance', sponsored by Adamu Kamale.

Kamale who applauded the successful implementation of the pilot TSA scheme which was launched in 2012, noted that the implementation of the scheme has further help in combatting corrupt practices within the public service. He however lamented that some establishments are still left out.

He added that the present administration has demonstrated the political will to fully implement the TSA effective 15th September, 2015, leading to directives to banks to implement the technology platform that will help accommodate all MDAs in the scheme.

“We are aware of the disclosure by the Minister of Finance, Kemi Adeosun on 3 March, 2016 that from the execution of the TSA a balance of N2.9 trillion has been accumulated from the MDAs. It is however worrisome that despite the laudable commitment of of the current administration to combat corrupt practices, eliminate waste in public finance and ensure adequate fund flow that will be channeled to critical sectors of the economy to facilitate development, some establishments are still left out of the TSA platform,” he said.

Constitution Review: Reps Adopt National Conference Report

Senate Begins Consideration of Cattle Grazing Bill

Senate Directs FG to Move N50 Billion Paid by MTN to TSA

Nigerian Legislators Object to Expatriate Quota

Reps Probe N2.9trn Accrued to TSA

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STATE ASSEMBLY

Legislative Digest Vol. 10 No. 6, June, 2016 11

member of Bayelsa State House of

Assembly, representing Brass AConstituency Israel Sunny-Goli has

publicly advised that the Federal

Government avoid entering into

negotiations with the Niger Delta

Avengers, warning that the views of the

Niger Delta Avengers was not a true

representation of Niger Delta people's

aspirations.

M r . S u n n y - G o l i m a d e t h i s

suggestion in a statement issued in

Bayelsa State Lawmaker Advises FG Shun Negotiation with NDA

The Speaker, Kwara State House of Assembly, Dr. Ali Ahmad, has drummed support for the extension of i m m u n i t y a g a i n s t c r i m i n a l prosecution being currently enjoyed by the President and Governors to the Senate President and his Deputy, urging that similar protection should be extended to the Speaker, House of Representatives and his Deputy, the Speakers and Deputy Speakers of State Houses of Assembly.

The Speaker made this suggestion in his address at the final session of a retreat on the review of the 1999 constitution organised by the Senate in Lagos.

In his submission, Ahmad noted that presently, two of the three arms of government, heads of the executive and of the judiciary enjoy immunity from criminal prosecution until the end of their tenure, adding that the immunity be either extended to presiding officers for the limited period of their tenure to ensure

stability and provide opportunity for the affected officers to concentrate on working for the progress of their respective houses and states.

Ahmad also called for the extension of the rigorous procedure appl icable to the process o f impeaching the president and governors to the presiding officers of legislative houses in the country.

In another development, the Assembly has in the past one year passed six bills, with three other bills are at various stages of consideration, especially the first private bill titled, “ V i o l e n c e A g a i n s t P e r s o n s (Prohibiton) Bill 2015”.

The Speaker of the House, Dr Ali Ahmad made this known while presiding over the sitting to mark the commencement of another legislative year. During the first year in office, the House reportedly passed 43 motions and 23 reports arising from Matters of General Public Importance and various petitions from the public.

he Rivers State House of TAssembly has approved the

request by the State Governor,

Nyesom Wike, to access N14.16bn

Federal Government Budget Support

Facility.

The request by the Governor was

unanimously approved by 14

lawmakers at a recent plenary.

Wike who had written a letter to

the House through the Speaker,

Dabotoru Dima, explained that the

a p p r o v a l w o u l d e n a b l e h i s

administration to sustain the

payment of salaries to civil servants

and pensioners. The governor had

sa id in the l e t ter that h i s

administration had not accessed the

N10bn earlier approved by the House

as bailout.

He, however, added that the

N14.16bn was to be collected in three

tranches with nine per cent one year

moratorium, if approved by the state

legislature. The letter indicated that

the loan would be secured on future

dividends or funds accruing to the

state from the Federal Government

Rivers Assembly Approves N14.5b FG Loan Facility

he Rivers State House of Assembly Thas held a public hearing on

government's proposal to convert the

Rivers State College of Arts and Science

to Port Harcourt Polytechnic through a

Bill entitled “Port Harcourt Polytechnic

Bill, 2016”.

The Bill seeks for a law for the

conversion of RivCAS to Port Harcourt

Polytechnic, and to transfer the staff

and properties of the former and other

matters incidental thereto to the

Polytechnic.

Leader of the State House of

Assembly, who is also at the weekend

invited stakeholders to the public

hearing to ensure a qualitative debate

and positive outcome.

In a statement in Port Harcourt, the

Chairman of the House Committee on

Education, Hon. Martins Chike-

Amaewhule advised interested

stakeholders to obtain copies and

submit memoranda to House.

Following the development, the

RIVCAS Students Union Government

and the leadership of National Union of

Rivers State Students (NURSS) have in

separate reactions, hailed the efforts of

the state government to expand the

frontiers of higher education in the

state.

Similarly, the Rivers State chapter

of the Trade Union Congress (TUC) has

supported the decision of the Rivers

State Government. In a statement by

the state TUC Chairman, Comrade

Hyginus Chika Onuegbu, noted: “It is

important to state that there is nothing

absolutely wrong with the proposed the

conversion of the Rivers State College of

Arts and Science to Port Harcourt

Polytechnic or even a full-fledged

university. Consequently, we support

the move by the Rivers State

Government and the Rivers State House

of Assembly to do so.”

Rivers Assembly holds hearing on PH Polytechnic

Kwara Speaker Canvasses Immunity, Passes Six Bills

Yenagoa, the Baylesa State capital. He

cautioned that negotiating the fate of

the people with such a fringe group was

a terrible misnomer capable of putting

the region in the rat race for destructive

influence.

He regretted the resurgence of

militancy in the Niger Delta but worry

over some of the approaches being

pursued by officials of the Federal

Government in the search for solution to

the problem.

The lawmaker added: “Niger Delta

Avengers do not represent the people of

the Niger Delta and their demands and

procedure do not embody the popular

aspirations and sentiments in the

region. The group is, to all intents and

purposes, a gang of foot soldiers

assembled by some politicians and

persons on the wrong side of the law as a

bargaining chip to try to escape

punishment or get a soft-landing.

“Aany negotiation with Niger Delta

Avengers would encourage more fringe

groups to arise with similarly warped

demands that the government would

never be able to meet.”

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PHOTOSPEAK

Legislative Digest Vol. 10 No. 6, June, 201612

Group photograph of participants at One-day Focal Group Discussion on Strengthening Accountability in the Nigeria Defence Sector, organised by CISLAC in Ilorin, Kwara State Capital.

L-R: Director of Political

Affairs, Peace and Security,

ECOWAS, Dr. Remi Ajibewa;

Vice President, ECOWAS,

Mr. Edward D. Singhatey;

and Executive Director,

CISLAC, Mr. Auwal Ibrahim

Musa (Rafsanjani), during

a courtesy visit by latter to

ECOWAS Commission,

recently.

Group photograph of participants at Stakeholders Consultative Forum on the Petroleum Industry Bill

(PIB) organised by CISLAC in Abuja.

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INTERVIEW

Legislative Digest Vol. 10 No. 6, June, 2016 13

The budget controversy is over; do you think this

government is committed to actualizing its

contents?

We are all aware of the undemocratic efforts by some

unpatriotic citizens to sabotage the 2016 Appropriation

Bill, which led to the unexpected delay in the passage

and presidential assent to the Bill. We must also

remember that the administration, prior to the

concretization of the budget, was operating the 2015

budget inherited from the previous administration.

These, among other things, resulted in delay in the

implementation of the pro-poor projects promised by the

government.

Also, we must remember that budgetary processes

demand both legislative and executive scrutiny and

approval. On this note, there was high expectation from

the two arms, that the budget would historically

validate the administration's pro-poor effort.

However, the budget was greeted with personal

interests that paved way for another era of high cost of

governance at the expense of the nation's development

and well-being of citizens.

When you look at the decisions of government to

increase electricity tariff, VAT and fuel price, do

you think it's really pro-masses?

One thing the Nigerian politicians always fail to take

into account is the existing reality in campaign

promises. Now, the nation is faced with serious economic

and financial challenges. In this case, to save the nation

from irreparable collapse, government would either

resort to borrowing or increase tax on goods and

services. This must be complemented with total

reduction in cost of governance.

However, apart from the fact that the citizens suffer the

other side of tax increase, the existing high cost of

governance would keep endangering judicious

utilization of the revenue generation.

What is your assessment of the National Assembly?

The 8th Assembly has not performed quite

impressively, despite the citizens' hopes and

aspirations. For instance, during the debate on 2016

Appropriation Bill, legislators' personal interest had

superseded the nation's interest and the expectations of

common Nigerians. It was a very unfortunate situation.

It is worrisome that to a large extent, the legislators'

personal interest contributed to the delay in passage of

the budget.

How do you view the frosty relationship between

the Presidency and National Assembly?

It is not uncommon for such situation to occur in any

democracy. We should rather focus attention on the

crux of such situation. That is, is it for personal interest

or national interest?

How then do you think the three arms of

government can work together for development?

They must first of all have national interest at heart.

They must uphold democratic core values and strictly

adhere to fulfilling various promises, commitments and

oath of the office.

Source: Daily Trust Newspapers

National Assembly not Living up to its Billing – RafsanjaniThe Executive Director of the Civil

Society Legislative Advocacy Centre

(CISLAC), Auwal Musa Rafsanjani, in

this interview, says the two chambers

of the National Assembly have a long

way to go because they are not living up

to the expectations of Nigerians.

Excerpts:

Auwal Musa Rafsanjani

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GENDER AND MATERNAL HEALTH

Legislative Digest Vol. 10 No. 6, June, 201614

yo state traditional ruler, His

Imperial Majesty, Oba Saliu

Akanmu Olasupo Adetunje Opopularly known as Olubadan of

Ibadan land, Oyo state has assure

that the State's traditional council

will parley Partnership for Advocacy

in Child and Family Health

(PACFaH) to enhance advocacy in

child and family health.

This was made known by the

traditional ruler during a media

dialogue organised by the Federation

of Muslim Women Association in

Nigeria (FOMWAN) under the aegis

of PACFaH in Ibadan, Oyo State

capital recently.

Speaking during the dialogue, he

promised to leverage on the existing

functional platforms like the 11 local

traditional chiefs under the kingdom

to spread advocacy message and

awareness on child and family health

across communities.

He said, “Family planning,

routine immunisation, nutrition and

treatment of childhood killer diseases

remain paramount to the healthy

living and well-being of our people. In

terms of awareness creation and

proper orientation, this Council will

maximally utilise the existing

institution like the traditional chiefs

who have been designated to report to

the Council on health related issues

as it affects their communities.

“This Council will collaborate

with PACFaH to ensure extensive

awareness across the 11 local

councils on the identified issues in

child and family health. We are also

aware that adequate budgetary

allocation to health care remains the

priority of the State Government.”

In her opening address, Hajia

Farida Sada Yusuf, Project Director,

FOMWAN-PACFaH noted that the

2013 Nigeria Demographic Health

Survey (NDHS) reveals that out of

235, 000 annual live-birth in Oyo

state, no fewer than 20, 000 die before

their 5th birthday from pneumonia

and diarrhoea. “The major reason for

this preventable death is poor access

to health care, especially in the rural

areas. This situation can be

effectively addressed through

availability of the recommended

Essential Drug (Amoxicillin DT and

Zn Lo-ORS) for treatment of

childhood killer diseases (pneumonia

and diarrhoea),”she explained.

On routine immunization, the

Director observed that Oyo state as

one o f the p i lot s tates for

Traditional Council Pledges Support for Child and Family Health

By Chioma Kanu

Oba Adetunje speaking during the Dialogue

Yusuf addressing the Council during the Dialogue

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GENDER AND MATERNAL HEALTH

Legislative Digest Vol. 10 No. 6, June, 2016 15

immunisation has attained 73.8%,

calling for adequate and sustainable

financial support for routine

immunisation to avert resurge of

polio virus.

She further lamented that

nutrition has been a major issue for

mothers and children, urging the

traditional rulers and religious

leaders on prompt advocacy to the

policy makers for the implementation

of National Strategic Plan of Action

on Nutrition (NSPAN) to combat

maternal and child nutrition burden

in the state.

Giving Oyo State's specific

accounts of family planning, Aanu

Rotimi, Program Officer, Health

Reform Foundation of Nigeria

(HERFON) stated that the Oyo State

Government has the primary

responsibility to ensure family

p l a n n i n g c o m m o d i t i e s a n d

consumables, when procured by the

Federal Government are transported

to the facilities and administered by

the right health personnel. She noted

that the State has 16% unmet need

for contraceptive, and zero budget

line for family planning. Rotimi

urged enhanced advocacy by

traditional and religious institutions

to the State's policy makers for the

adoption and implementation of

costed National Family Planning

Blue Print to promote availability,

accessibility to and affordability of

family planning commodities in the

State.

She explained that although Oyo

state has made considerable progress

in health, socio-cultural and

economic development, however,

some key indicators have raised

alarm over increased in maternal

mortality in the state from 135 per

100, 000 live births to 143 per 100,

000 in 2010. She observed huge gaps

in the demand and supply of Family

Planning services, which would have

h e l p e d r e d u c i n g u n p l a n n e d

pregnancies and the risks associated

with unsafe abortions, thereby

reducing maternal mortality in the

state.

O n h i s o w n p a r t , H o n .

Makanjuola Akinola, President of

Muslim Yoruba in Edo, Delta and

Oyo states represented by Alhaji

Kamaldeen Aderibigbe recounted

that adequate child and family

health in the state has been

confronted by various challenges like

the national financial downturn

result ing in poor budgetary

allocation to health, widespread

socio-culture and religious practices,

ignorance, and lack of awareness.

Also, during the dialogue,

Reverend Benjamin Akanmu,

President, Christian Association of

Nigeria (CAN), Oyo State Chapter,

advised that exclusive breastfeeding

and adequate nutrition are essential

to the proper physical and mental

development of the children,

assuring that appropriate effort will

be made to sensitise the Christian

communities in the State on

importance of maternal and child

nutrition. “We will not relax. We will

keep on sensitising the Christian

communities on the impacts of

maternal and child nutrition.”

Similarly, the Chief Imam of

Ibadan, Sheik Abdul Ganiyu

Abubakar opined that adequate

attention should be accorded women

and children by all Muslim

communities for their important role

in the development of any society,

adding that breastfeeding and

adequate nutrition status are crucial

to the effective mental and physical

development of the children.

…exclusive breastfeeding and adequate

nutrition are essential to the proper

physical and mental development

of the children…

Aderibigbe addressing the audience

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PEACE BUILDING

Legislative Digest Vol. 10 No. 6, June, 201616

When crimes of high magnitude or

any at all, are allowed to go

unpunished for any reason, we “risk descending into a state of

lawlessness and anarchy where

anyone can assume the role of judge,

jury and executioner”, National Civil

Society Consultative Forum on Peace

and Security has said.

The Forum made this known in a

Declaration of Action issued after an

extra ordinary General Meeting with

specific focus on the “blasphemy

killing in Kano and the militancy

activities in the Niger Delta region”.

It said: “The rule of law must

prevail. We urge all security agencies

to ensure that they carry out a

thorough investigation into the events

that led to her untimely death and

ensure that the perpetrators of this

crime are brought to face the full

wrath of the law.

“The rule of law must prevail. We

urge all security agencies to ensure

that they carry out a thorough

investigation into the events that led

to her untimely death and ensure that

the perpetrators of this crime are

brought to face the full wrath of the

law.”

The Forum expressed deep

concern over a new militant group,

Niger Delta Avengers, NDA which has

taken the region by surprise when it

announced its formation on February

3. “It launched a website and social

media page, which it uses to publish

statements of its activities, including

its February 10 blow up of the Bonny

Soku Gas Line which carries natural

gas to the Nigeria Liquified Natural

Gas plant and an independent power

plant at Gbaran. This was followed by

a major destabilizing attack on the

Forcados 48-inch export pipeline at

the Forcados export terminal.

“Note that the attacks, among

others, have no doubt had a

devastating effect on the country's oil

revenue projection in the 2016 budget.

Besides, the activities and statements

of the group have led to restiveness in

the region, a signpost of a return to the

pre- 2009 militancy level.

“Curiously, no known face or name

has claimed the leadership of the NDA

apart from one Col. Mudoch Agbinibo

who has been signing press releases

on behalf of the group. Security agents

however, believe that Mudoch is a

pseudo name and faceless like the

notorious Jomo Gbomo of the

Movement for the Emancipation of

Niger Delta, MEND, fame,” it

lamented.

The Forum noted that the near

collapse of social values, failure of

leadership at all level, and neglect of

the youth are endemic problems

confronting the country, adding that

the vices have increased the spate of

unemployment, abject poverty,

illiteracy, frustrations and the

resurgence of many militant and

terrorist groups in different parts of

the country.

It promised to engage advocacy for

a holistic approach to address the

challenges threatening peace and

stability in Niger Delta. “Such an

approach should povide for a more

sustainable protocol for managing the

expectations of the region vis a vis the

exploitation of the vital resources

there.

“Some observers have already

likened Niger Delta Avengers to Boko

Haram. In some respects that is true

but in other respects, Niger Delta

agitation can at least be tackled in a

rational manner. For instance, the

Avengers are demanding that the

2 0 1 4 N a t i o n a l C o n f e r e n c e ' s

recommendations as pertains to the

region should be revisited. One of

them is the increase of the derivation

fund from 13% to 17%. Another

recommendation calls for the setting

up of a special intervention fund for

the region,” the Forum explained.

Understanding that other parts of

the country might be unhappy with

the Conference's recommendations,

the Forum urged government to table

issues before the National Assembly

and re lated inst i tut ions for

exhaustive deliberation to draw

suitable solution.

It further assured to effectively

mobilize CSOs, key actors and the

media in building cooperation for

dialogue as a panacea for sustainable

peace and development.

The meeting was attended by the

Chief of Army Staff represented by

the Commander of Operation Pulo

Shield, Bayelsa, Niger Delta

Development Commission, Ministry

of Niger Delta, National Security and

Civil Defence Corps, Ministry of

Budget and National Planning,

National Human Rights Commission,

Peace Corp of Nigeria, Women and

Y o u t h g r o u p s , D i p l o m a t i c

C o m m u n i t y , F a i t h B a s e d

Organizat ions , NGOs, Media

Practitioners as well as experts in the

peace and security sector.

NDA: Forum Wants Holistic Approach to end Crisis By Salaudeen Hashim

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COMMUNIQUE

Legislative Digest Vol. 10 No. 6, June, 2016 17

PURPOSE

he Declaration on Parliamentary Openness is a

call to national parliaments, and sub-national Tand transnational legislative bodies, by civil

society parliamentary monitoring organizations

(PMOs) for an increased commitment to openness and

to citizen engagement in parliamentary work. PMOs

are increasingly recognized for the important role they

play in making parliamentary information more

accessible to citizens, strengthening the capacity of

citizens to participate in parliamentary processes, and

improving parliamentary accountability. While PMOs

have a strong interest in advocating for greater access

to government and parliamentary information, they also

recognize the need for increased collaborative

dialogue with the world's parliaments on issues of

parliamentary reform. The Declaration is intended not

only as a call to action, but also as a basis for dialogue

between parliaments and PMOs to advance

government and parliamentary openness, and to

ensure that this openness leads to greater citizen

engagement, more responsive representative

institutions and, ultimately, a more democratic society.

PREAMBLE

WHEREAS inclusive, accountable, accessible and

responsive parliaments and legislative institutions are

the key to democratization because of their

constitutional responsibilities to enact legislation,

represent citizens and oversee executive policy

implementation and performance, and reflect citizen

interests;

WHEREAS parliamentary openness enables citizens

to be informed about the work of parliament, empowers

citizens to engage in the legislative process, allows

citizens to hold parliamentarians to account and

ensures that citizens' interests are represented;

WHEREAS the rights of citizens to participate in

governance and access parliamentary information are

established in international human rights frameworks

and in international benchmarks and norms for

democratic parliaments adopted by the international

parliamentary community; and whereas international

institutions have laid a strong foundation for openness

online;

WHEREAS the onset of the digital era has altered

fundamentally the context for public usage of

parliamentary information and the expectations of

citizens for good governance, and whereas emerging

technology is empowering analysis and reuse of

parliamentary information with enormous promise to

build shared knowledge and inform representative

democracy.

WHEREAS variations in traditions, experience,

resources and context may influence the approach

parliament takes to improving openness, they do not

undermine the importance of improving parliamentary

openness and transparency;

WHEREAS the need for parliamentary openness is

complemented by the need for broader governmental

openness and whereas many governments are

collaborating with civil society through such initiatives

as the Open Government Partnership to develop

monitorable commitments to achieve more

transparent, effective and accountable governments;

WHEREAS a growing number of civil society

parliamentary monitoring and support organizations

seek to play a meaningful and collaborative role in

strengthening the democratic accountability of

parliaments and require access to parliamentary

information to play this role effectively, and whereas

there are numerous precedents for strong

collaboration between parliaments and parliamentary

monitoring organizations (PMOs) that can inform

efforts for greater openness of parliamentary

information;

THEREFORE, representatives of the PMO community

have developed and pledge to advance the following

principles of parliamentary openness.

PROMOTING A CULTURE OF OPENNESS

1. R e c o g n i z i n g P u b l i c O w n e r s h i p o f

Parliamentary Information

Parliamentary information belongs to the public;

citizens should be allowed to reuse and republish

parliamentary information, in whole or in part. Any

exceptions or restrictions to this principle shall be

narrowly defined by law.

DECLARATION ON PARLIAMENTARY OPENNESS

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Legislative Digest Vol. 10 No. 6, June, 201618

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2. Advancing a Culture of Openness through

Legislation

Parliament has a duty to enact legislation, as well

as internal rules of procedure and codes of

conduct, that foster an enabling environment

guaranteeing the public's right to government and

parliamentary information, promoting a culture of

open government, providing for transparency of

political finance, safeguards freedoms of

expression and assembly, and ensuring

engagement by civil society and citizens in the

legislative process.

3. Protecting a Culture of Openness through

Oversight

In fulfilling its oversight function, parliament shall

guarantee that laws ensuring government

openness are implemented effectively, that the

government acts in a fully transparent manner,

and that government also works to promote a

culture of openness.

4. Promoting Civic Education

Parliament has a responsibility to actively promote

civic education of the public, particularly youth, by

promoting understanding of parliament's rules

and procedures, parliament's work, and the role of

parliament and its members.

5. Engaging Citizens and Civil Society

Parliament has a duty to actively engage citizens

and civil society, without discrimination, in

parliamentary processes and decision-making in

order to effectively represent citizen interests and

to give effect to the right of citizens to petition their

government.

6. Protecting an Independent Civil Society

Parliament has a duty to support measures to

ensure that civil society organizations are able to

operate freely and without restriction.

7. Enabling Effective Parliamentary Monitoring

Parliament shall recognize the right and duty of

civil society, media, and the general public to

monitor parliament and parliamentarians.

Parliament shall engage in consultations with the

general public and civil society organizations that

monitor parliament to encourage effective

monitoring and reduce barriers in accessing

parliamentary information.

8. Sharing Good Practice

Parliament shall actively participate in

international and regional exchanges of good

practice with other parliaments and with civil

society organizations to increase the openness

and transparency of parliamentary information,

improve the use o f in format ion and

communication technologies, and strengthen

adherence to democratic principles.

9. Ensuring Legal Recourse

Parliament shall enact legislation to ensure that

citizens have effective access to legal or judicial

recourse in instances where citizens' access to

government or parliamentary information is in

dispute.

10. Disseminating Complete Information

Parliamentary information available to the public

shall be as complete as possible, reflecting the

entirety of parliamentary action, subject only to

narrowly and precisely defined exceptions.

11. Providing Timely Information

Parliamentary information shall be provided to the

public in a timely manner. As a general rule,

information shall be provided in real time. To the

extent that doing so is impossible, parliamentary

information shall be released publicly as quickly

as it is available internally.

12. Ensuring Accurate Information

Parliament shall ensure a process to retain

authoritative records and guarantee that the

information it releases to the public is accurate.

MAKING PARLIAMENTARY INFORMATION

TRANSPARENT

13. Adopting Policies on Parliamentary

Transparency

Parliament shall adopt policies that ensure the

proactive dissemination of parliamentary

information, including policies regarding the

formats in which this information will be published.

Parliamentary transparency policies shall be

publicly available and shall specify terms for their

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Legislative Digest Vol. 10 No. 6, June, 2016 19

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periodic review to take advantage of

technological innovations and evolving good

practices. Where parliament may not have the

immediate capacity to publish comprehensive

parliamentary information, parliament should

develop partnerships with civil society to ensure

broad public access to parliamentary information.

14. Providing Information on Parliament's Roles

and Functions

Parliament shall make available information

about its constitutional role, structure, functions,

internal rules, administrative procedures and

workflow, as well as the same information for its

committees.

15. Providing Information on Members of

Parliament

Parliament shall provide sufficient and regularly

updated information for citizens to understand a

member's credentials, party affiliation, electoral

mandate, roles in parliament, attendance,

identities of personal staff, and any other

information members wish to divulge about

themselves and their credentials. Working

contact information for the parliamentary and

constituency offices of members shall also be

available to the public.

16. Providing Information on Parliamentary Staff

and Administration

Parliament shall make available information

about its administrative functioning and the

structure of parliamentary staff that manage and

administer parliamentary processes. Contact

information for staff responsible for providing

information to the public should be publicly

available.

17. I n f o r m i n g C i t i z e n s r e g a r d i n g t h e

Parliamentary Agenda

Documentation relating to the scheduling of

parliamentary business shall be provided to the

public, including the session calendar,

information regarding scheduled votes, the order

of business and the schedule of committee

hearings. Except in rare instances involving

urgent legislation, parliament shall provide

sufficient advance notice to allow the public and

civil society to provide input to members

regarding items under consideration.

18. Engaging Citizens on Draft Legislation

Draft legislation shall be made public and

published upon its introduction. Recognizing the

need for citizens to be fully informed about and

provide input into items under consideration,

parliament shall seek to provide public access to

preparatory analysis and background information

to encourage broad understanding of policy

discussions about the proposed legislation.

19. Pub l ish ing Records o f Commi t tee

Proceedings

Reports of committee proceedings, including

documents created and received, testimony of

witnesses at public hearings, transcripts, and

records of committee actions, shall promptly be

made public.

20. Recording Parliamentary Votes

To ensure members' accountability to their

constituents for their voting behavior, parliament

shall minimize the use of voice voting in plenary

and shall use roll call or electronic voting in most

cases, maintaining and making available to the

public a record of the voting behavior of individual

members in plenary and in committees. Similarly,

parliament shall minimize the use of proxy voting

and ensure that it does not undermine norms of

transparency and democratic accountability.

21. Publishing Records of Plenary Proceedings

Parliament shall create, maintain and publish

readily accessible records of its plenary

proceedings, preferably in the form of audio or

video recordings, hosted online in a permanent

location, as well as in the form of a written

transcript or Hansard.

22. Publishing Reports Created by or Provided to

Parliament

All reports created by parliament or that are

requested or required to be submitted to

parliament, its offices, or committees, shall be

made public in their entirety, except in narrowly

defined circumstances identified by law.

23. Providing Information on the Budget and

Expenditures

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Legislative Digest Vol. 10 No. 6, June, 201620

Parliament has a responsibility to make public

comprehens ive , de ta i led , and eas i l y

understandable information about the national

budget and public expenditures, including past,

current , and projected revenues and

expenditures. Similarly, parliament has a duty to

publish information regarding the parliament's

own budget, including information about its own

budget execution and bids and contracts. This

information shall be made public in its entirety,

using a consistent taxonomy, along with plain

language summaries, explanations or reports that

help promote citizen understanding.

24. Disclosing Assets and Ensuring the Integrity

of Members

Parliament shall make available sufficient

information to allow citizens to make informed

judgments regarding the integrity and probity of

individual members, including information on

members' asset disclosures, their parliamentary

expenses, and their non-parliamentary income,

including interest, dividends, lease payments or

other in-kind benefits.

25. Disclosing Information on Unethical Conduct

and Potential Conflicts of Interest

Parliament shall enact clearly defined rules to

ensure disclosure of information necessary to

protect against actual or perceived conflicts of

interest and ethical violations, including relevant

information about members' interactions with

lobbyists and pressure groups. Parliament shall

also make public information on the final results of

any judicial or parliamentary investigations into

charges of unethical behavior, conflicts of interest

or corruption.

26. Providing Access to Historical Information

Parliamentary information for prior sessions shall

be digitized and made available to citizens in

perpetuity for reuse free of legal restrictions or

fees. To the extent a parliament cannot digitize

and make available its own information, it shall

work with outside organizations to facilitate public

dissemination of parliamentary information

without restriction. Parliament shall provide the

public access to a parliamentary library in order to

allow members and the public the ability to access

historical parliamentary information.

EASING ACCESS TO PARLIAMENTARY

INFORMATION

27. Providing Multiple Channels for Accessing

Information

Parliament shall provide access to information

about its work through multiple channels;

including first-person observation, print media,

radio and television broadcasts, and Internet and

mobile device technology.

28. Ensuring Physical Access

Parliament and its plenary sessions shall be

physically accessible and open to all citizens,

subject only to demonstrable public safety and

space limitations.

29. Guaranteeing Access by the Media

Parliament shall ensure that the media and

independent observers are given full access to

parliamentary proceedings; the criteria and

process for providing media access shall be

clearly defined and publicly available.

30. Providing Live and On-Demand Broadcasts

and Streaming

Efforts shall be made to provide citizens with real-

time and on-demand archival access to

parliamentary proceedings through radio,

television and the Internet.

31. Facilitating Access throughout the Country

To the extent possible, access to parliamentary

information shall not be restricted by geographic

barriers. Although the use of parliamentary

websites facilitates access to parliamentary

information without geographic restriction, in

countries where Internet access and usage is

limited, parliament shall seek other means of

ensuring public access to parliamentary

information throughout the country.

32. Using Plain Language

Parliament shall ensure that legal or technical

language does not serve as a barrier to citizens

seeking to access parliamentary information.

While recognizing the necessity of using precise

language in writing laws, parliament has a duty to

develop plain language summaries and similar

tools to make parliamentary information readily

available and understandable to members and

citizens with diverse backgrounds and expertise.

COMMUNIQUE

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Legislative Digest Vol. 10 No. 6, June, 2016 21

33. Using Multiple National or Working

Languages

Where the constitution or parliamentary rules

provide for the use of multiple national or working

languages in parliament, parliament shall make

every reasonable effort to provide for the

simultaneous interpretation of proceedings and

rapid translation of the parliamentary record.

34. Granting Free Access

Parliamentary information shall be available to

citizens for unrestricted access, reuse and

sharing free of charge.

ENABLING ELECTRONIC COMMUNICATION OF

PARLIAMENTARY INFORMATION

35. Providing Information in Open and

Structured Formats

Parliamentary information shall be compiled and

released in an open and structured format, such

as structured XML, that can be read and

processed by computers, so that parliamentary

information can be easily reused and analyzed by

citizens, civil society, the private sector and

government.

36. Ensuring Technological Usability

Parliament shall ensure technological usability of

parliamentary information by providing clear

instructions for the use of any online databases or

tools that enable citizens to retrieve parliamentary

information from the parliamentary website. To

the extent parliament provides a user interface, it

shall use best practices to improve its usability.

37. Protecting Citizen Privacy

Parliamentary websites shall have a clear and

concise privacy policy to let citizens know how

their personal information is being used.

Parliament shall not employ membership or

registration requirements that restrict public

access to information on parliamentary websites

or permit the tracking of personally identifiable

information without explicit consent.

38. Using Non-Proprietary Formats and Open-

Source Software

Parliament shall give preference to the release of

digital information in non-proprietary and open

formats, and the use of free and open-source

software applications.

39. Allowing Downloadability for Reuse

Parliamentary information shall be easily

downloadable, in bulk and in well-documented

formats to allow for easy reuse of the information.

40. Maintaining Parliamentary Websites

Even in countries with limited Internet usage, the

maintenance and regular updating of a

comprehensive parliamentary website is a vital

aspect of parliamentary openness in the modern,

interconnected world. Parliament shall ensure

that parliamentary information is available in

electronic format and shall regard online

dissemination as an essential means of

communication.

41. Using Easy and Stable Search Mechanisms

Parliament shall make it as easy as possible for

citizens to quickly find desired parliamentary

information by creating databases enabling both

simple and complex searches through the use of

appropriate metadata. Information shall be

available in a location that remains constant over

time, for instance, on a webpage with a persistent

URL.

42. Linking Related Information

Parliament shall seek to improve the ability of

citizens to find relevant parliamentary information

by linking parliamentary information to other

related information, for example, by linking

references in a bill history to earlier versions of the

legislation, to relevant committee reports, to

expert testimony, to sponsored amendments and

to the portions of the Hansard that contain the

record of parliamentary debate on the relevant

piece of legislation.

43. Enabling Use of Alert Services

Where possible, parliament shall provide citizens

the ability to subscribe to services to alert them to

certain categories of parliamentary actions

through the use of email, SMS text messaging, or

other technologies.

44. Facilitating Two-Way Communication

Parliament shall endeavor to use interactive

technology tools to foster the ability of citizens to

provide meaningful input on legislation and

parliamentary activity and to facil i tate

communication with members or parliamentary

staff.

COMMUNIQUE

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REPORT

Legislative Digest Vol. 10 No. 6, June, 201622

h e A f r i c a n U n i o n

Commission in collaboration Tw i t h t h e F o o d a n d

Agriculture Organization has

launched a project on Sustainable

Agricultural Mechanization in

Africa.

This project is in line with the AU's Africa Agenda 2063; the 2014 AU Malabo Dec larat ion on A g r i c u l t u r a l G r o w t h a n d Transformation and the FAO's new Strategic Framework of making agriculture, forestry and fisheries more productive and sustainable and also in promoting agricultural and rural development in Africa.

The main objective of the project is to contribute to the intensification o f susta inable agr i cu l tura l mechanization programmes in Africa by engaging stakeholders to take stock of the lessons and experiences derived over the years and most importantly, to discuss the need to support the integration of national and regional policies and strategies.

Officially opening the meeting, H.E Tumusiime Rhoda Peace, AUC Commissioner for Rural Economy and Agriculture represented by Department of Rural Economy and Agriculture acting Director, Dr. Janet Edeme, noted that, “the project will contribute to the development of an African strategy for sustainable agricultural mechanization within the context of the Malabo Declaration. It will e n h a n c e t h e c a p a c i t y o f g o v e r n m e n t s t o i n t e g r a t e agricultural mechanization in their policy frameworks. Of significance, it will target women who bear the burden of African agriculture.”

Commissioner Tumusi ime expressed hope that the project w o u l d h e l p c a t a l y z e t h e intensification of sustainable agricultural mechanization in Africa through stocktaking of the l e s s o n s o f e x p e r i e n c e a n d supporting its integration in

national and regional policies and strategies.

Mr. Patrick Kormawa, Sub-regional Coordinator and FAO Representative to the AU and UNECA emphasized that, “the dream to have a hunger-free Africa by 2025 would remain a mirage without mechanization.” He also added that, “African will not feed its people if agricultural value chains do not modernize, enhancing food security and nutrition and creating opportunities for rural youths in agriculture.”

Other speakers during the opening ceremony included; H.E F a t i m a H a r a m A c y l , A U C Commissioner for Trade and Industry, represented by Frank Mugyenyi. Commissioner Acyl emphasized on the need to take a value chain approach to agricultural mechanization.

Lazarous Kapambwe, Special Advisor, Bureau of the AUC Chairperson, highlighted the progress being made in relegating the hand held hoe to the museum, in order to empower farmers , especially women, to use advanced tools for farming; and Dr Adama Cou l iba ly UNECA Country Director, spoke about the need for

AUC and FAO Determined to Promote Agricultural Mechanization agricultural transformation to drive the structural transformation of African economies as well as the i m p o r t a n c e o f t e c h n o l o g y acquisition and transfer in the mechanization process.

Progress is in SightAgricultural mechanization

plays a key role to Africa's ambition to end hunger in the continent by 2025 as stated in the Malabo Declaration of 2014. The need for agricultural mechanization offers the ability to perform operations at the right time to maximize production potential; provides multi-functional machinery not only for crop production but also for postharvest operations, transport and infrastructure improvement.

Most significantly, this has to be built along the entire agricultural value chain, private sector driven, and environmentally compatible system which forms part of the project.

Despite the renewed interest in mechanization in Africa, a large proportion of agriculture is still done using human power, with huge productivity, health, social and economic losses. Africa, south of the Sahara has the lowest land productivity in the world, and agricultural mechanization has either stagnated or regressed in most countries. Africa's average of 13 tractors/100km² of arable land compares unfavourably both with the global average (200/100km2) and with the average for other developing regions such as South Asia (129/100km2).

Mechanization is, however, witnessing resurgence in Africa, especially in African Union Member States. Several countries are also re-engaging in upgrading the level of agricultural mechanization, realizing the potential to address some of the most fundamental farming challenges in a profound and comprehensive manner.

The main objective of the project is to

contribute to the intensification of

sustainable agricultural mechanization

programmes in Africa by engaging stakeholders

to take stock of the lessons and experiences derived over the years.

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REPORT

Legislative Digest Vol. 10 No. 6, June, 2016 23

he African Committee of

Experts on the Rights and TWelfare of the Child

(ACERWC) in collaboration with

the Government of the Federal

Democratic Republic of Ethiopia

and its partners commemorates the

16th Day of the African Child (DAC)

on the theme "Conflict and crisis in

Africa: Protecting all children's

Rights".

Alongside UN agencies and

international organizations, the

Day is marked with various

activities organized with children,

and aims to shed light on the plight

of children that are subjected to the

consequences of conflicts including

armed conflicts, and crises, as they

are one of the most vulnerable

groups of society.

Chi ldren born today are

generally better off in terms of

security and protection as compared

to children born 26 years ago before

the African Children's Charter was

adopted. However, the continued

challenges that children in conflict

and crisis face – in particular those

that are affected by armed conflict,

subject to interpersonal conflict as

well as violence against children,

children on the move, children from

disadvantaged communities ,

children with disabilities and girls.

The theme emphasizes that fact

that children should not be victims

of violence, and it emphasizes the

role that child protection systems

should play in creating a conducive

environment that promotes an

atmosphere of love happiness and

understanding. It also underscores

that policies, laws and programmes

that are aimed at preventing and

addressing conflict and violence

would be incomplete efforts unless

they place children's best its

interests at their centre.

In part linked to the recently

concluded ACERWC Continental

study on the impact of armed

conflict on children in Africa, the

DAC 2016 theme seeks to elevate

child protection agenda in conflict

and crisis situation on the continent

as well as to guarantee the

protection and preservation of life,

survival and development of

children in Africa.

Over and above the recruitment

and the use of children in armed

conflicts, sexual violence committed

against children during armed

conflicts, as well as the negative

effect of conflict on the right to

education, the right to the highest

attainable standard of health,

f a m i l y e n v i r o n m e n t , a n d

development are critical.

"Every child is free from the

impact of armed conflicts" is a vow

expressed by the Committee in the

Africa's Agenda for Children Rights

to be adopted in the months to come,

while the AU Agenda 2063 aims at a

"Peaceful and Secure Africa whose

development is people-driven,

relying on the potential of African

people, especially its women and

youth, and caring for children". The

DAC 2016 offers an opportune time

to emphasize the urgent need

protect children's rights in time of

peace and more importantly during

conflict situations as 2016 has been

declared by the African Union as the

Year of Human Rights with a

special focus on the rights of

Women.

The devastating effect that

conflict and crisis continue to have

on children in Africa is enormous. In

fact- there is no crisis that is child

rights neutral- ranging from

security crisis, to health crisis such

as Ebola, to financial crisis, and

climate change induced crisis –

often putting the rights to life,

survival and development of

children at great risk. Creating an

Africa fit for children starts with

preventing the preventable, and

giving children's best interests

paramount considerations.

“Conflict and Crisis in Africa: Protecting all Children's Rights”

Children born today are generally better

off in terms of security and protection as

compared to children born 26 years ago

before the African Children's Charter

was adopted.

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BILLS UPDATE

BILLS UPDATE (JUNE, 2016) Compiled by CISLAC

S/N BILL NO BILL NAME YEAR STAGE

1. SB 258 Lobbying Regulation Bill 2016 First Reading

2. SB 285 Nigerian Assets Management Agency (Establishment and Regulatory) Bill

2016 First Reading

3. SB 298 Constitution of the Federal Republic of Nigeria 1999(Alteration Bill)

2016 First Reading

4.

SB 299

Constitution of the Federal Republic of Nigeria 1999(Alteration Bill)

2016

First Reading

5.

SB 301

Gender and Equal Opportunities Bill

2016

First Reading

6.

SB 270

Nigeria Police Academy (est. etc)Bill

2016

First Reading

7.

SB 277

Pharmacists Council of Nigeria Act CAP P17LFN 2004 (Amendment Bill)

2016

First Reading

8.

SB 289

Chartered Institute of Logistics and Transport of Nigeria (est. etc) Bill

2016

First Reading

9.

SB 294

Police Act CAP P19 LFN 2004

(Amendment)

Bill

2016

First Reading

10.

SB 295

Maritime University of Nigeria Okerenkoko (est. etc)

2016

First Reading

11.

SB 297

INEC Act 2010(Amendment)Bill

2016

First Reading

12.

HB 107

Federal Audit Service Commission Bill,

2016

First Reading

13.

GB 164

Capital Expenditure Budget Roll Over Bill

2016

First Reading

14.

SB 118

Abduction, Wrongful Restraint and Conferment Bill

2016

First Reading

15.

SB 131

Nigeria Security and Civil Defence Act No.6 2007 (Amendment Bill)

2016

First Reading

16.

SB 282

National Hospitals for Women and Children Act (Amendment) Bill

2016

First Reading

17.

HB 120

Anti-

Torture Bill

2016

First Reading

18.

HB 216

Telecommunications and Postal Offences Act CAP T5, LFN 2004 (Amendment )Bill

2016

First Reading

19.

SB 293

National Ranches Commission (est. etc)Bill

2016

First Reading

20.

SB 304

Historic Sites and Preservation Protection Bill

2016

First Reading

21.

HB 333

A Bill for an Act to Establish the Federal Capital Territory Directorate of Road Traffic Services and for Other Matters Related therewith

2016

First Hearing