VOL. 11 No. 1, JAN. 2017 A PUBLICATION OF CISLAC Continued on page 4 By Abubakar Jimoh www.facebook.com/cislacnigeria @cislacnigeria website: www.cislacnigeria.net 2017: National Assembly and the Pending Priority Issues presented new opportunities for the Bill to be passed. It is different from previous versions of the PIB in many ways. If passed into law, the new Bill will provide appropriate legal and regulatory framework particularly important for optimal performance of the oil and gas sector. It will pave way for 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 ensures value addition and 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 will ensure competitive, open, non-discretionary licensing and tender processes; promote independent regulator insulated from political interference; s the National Assembly resumes legislative Aactivities for the New Year, it becomes paramount to draw attention of the legislators to pending and important issues that will shape the nation's socio- economic development such as Petroleum Industry and Governance Bill, openness and transparency in the 2017 Appropriation Bill, Constitutional and Electoral Reforms, constituency accountability, sustainable security, Internally Displaced Persons (IDPs), and Open Government Partnership. Petroleum Industry Governance and Institutional Framework Bill 2015 The 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. The non-passage of the Bill about a decade after was due to many identified factors. Meanwhile, the presentation of Petroleum Industry Governance Bill (PIGB) 2016 on the floor of the Senate on 13th April, 2016
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2017: National Assembly and the Pending Priority Issues
presented new opportunities for the
Bill to be passed. It is different from
previous versions of the PIB in many
ways.
If passed into law, the new Bill
will provide appropriate legal and
regulatory framework particularly
important for optimal performance
of the oil and gas sector. It will pave
way for efficient and effective
governing institutions with clear
and separate roles for the petroleum
industry; establish a framework for
the creation of commercially
or iented and pro f i t dr iven
petroleum entities that ensures
v a l u e a d d i t i o n a n d
internat ional izat ion o f 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 will ensure competitive,
open, non-discretionary licensing
and tender processes; promote
independent regulator insulated
from pol i t ical interference;
s the National Assembly
r e s u m e s l e g i s l a t i v e Aactivities for the New Year,
it becomes paramount to draw
attention of the legislators to
pending and important issues that
will shape the nation's socio-
economic development such as
P e t r o l e u m I n d u s t r y a n d
Governance Bill, openness and
t r a n s p a r e n c y i n t h e 2 0 1 7
Appropriation Bill, Constitutional
and Electoral Reforms, constituency
a c countab i l i t y , sus ta inab le
security, Internally Displaced
P e r s o n s ( I D P s ) , a n d O p e n
Government Partnership.
Petroleum Industry
Governance and Institutional
Framework Bill 2015
The 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. The non-passage of the Bill
about a decade after was due to
many identified factors.
Meanwhile, the presentation of
Petroleum Industry Governance
Bill (PIGB) 2016 on the floor of the
Senate on 13th April, 2016
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. Isibakhome Azugbene - InternMs. Ndidi Anih - Intern
Regional Office: Kano
Mr. Nura Maaji - Program Officer
About us
Legislative Digest Vol. 11 No. 1, January, 20172
EDITORIAL
s a member of Tax Justice and
Governance Platform, Nigeria, CISLAC
expresses very deep concern over Anews reports stating that the Federal
Government is considering granting further tax
holiday to investors in the power sector to
enable it garner investment in the sector.
We recall that, against all popular calls for
caution, the Federal Government has been
frantic in her efforts to attract private investors
since the Power Sector Reform Act was
enacted in 2005, which enabled transfer of
public control of the Nigerian Electricity Power
Authority (NEPA) to the Power holding
company of Nigeria (PHCN).
While the major intent of the Federal
Government privatising the power sector was to
provide a lasting solution to the problem that
bedevilled the sector, we find it worrisome that
contrary to the expectations of the Nigerian
citizenry, the power sector has degenerated to
an even more deplorable state than it was,
before the ill-advised privatisation exercise.
We note with dismay the current scenario where
Nigerians are not only been short-charged by
not getting value for the services they pay, the
Nigerian public is subjected to the payment of
arbitrarily and serially increased tariffs in
exchange for lengthy periods of darkness,
alongside other poor services and non-
provision of prepaid meters, all of which
combine to further impoverished helpless
citizens.
We therefore consider the proposed tax holiday
as a step not aimed at making electricity
available, accessible and affordable for
Nigerians but to serve the purpose of the, elites
who are benefiting from the charade, called
privatisation of the power sector. These classes
of ill-prepared, non-innovative and technically
deficient profiteers so called investors must not
continue to make profit at the expense of
taxpayers.
The country has lost the revenue that would
have accrued from taxes in that sector because
of the tax holiday (pioneer status) granted to
these investors from inception till date.
We find it alarming that anyone could be
considering further tax holidays to these
investors, who by right ought to have proven
their technical and financial capacity as
perquisites for participating in the sector in the
first instance.
We call on the Federal Government to declare a
state of emergency in the power sector,
prioritize investment; and halt further incentive,
tax holidays or waivers to the operators of the
power sector.
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
Needless Tax Holidays For Investors In The Power Sector
A Publication of Civil Society Legislative Advocacy Centre (CISLAC)
Legislative Digest Vol. 11 No. 1, January, 2017 3
COVER STORY
Continued from page 1
Legislative Digest Vol. 11 No. 1, January, 20174
L e g i s l a t i v e o p e n n e s s
strengthens relationship between
the people and the legislature and
provides a means for the people to
participate in the legislative
activities. Legislative authority is
exercised and upheld by legitimacy.
The legitimacy is guaranteed by
strong trust reposed on the
legislature by the people. Strong
trust in this case, cannot be achieved
without adequate democratic
process to allow for effective
2017: National Assembly and the Pending Priority Issues
he Senate President, Dr. Abubakar TBukola Saraki has promised that the passage of Nigerians in Diaspora Commission Bill currently before the National Assembly would be fast-tracked to enable Nigerians living outside the country the opportunity to participate in events within the country.
The Senate President who spoke while receiving a delegation of Nigerians in the Diaspora led by its Worldwide Coordinator, Dr. Camillius Konkwo, at the National Assembly, said the Bill when passed would facilitate the establishment of the Diaspora Bond for the in - f low o f Fore ign Direct Investments (FDI) into Nigeria among other benefits.
On their request that the electoral act should be amended to enable Nigerians in the Diaspora vote during elections, the Senate President told the delegation that the Electoral Act is almost 95 percent concluded. He
however, promised to give critical consideration to the request since amendment of the act is an on- going
process that the National Assembly would still look into their request to vote during elections.
he House of Representatives TCommittee on Public Accounts has described as an act of negligence, the failure of the police to report promptly the death of police officers and loss of arms and ammunit ion to the appropriate authorities for immediate action.
Consequently, the Committee had invited officers in the top rank of the Nigeria Police over their handling of the deaths of policemen caused by religious bigots, bandits, hoodlums and militants across the country.
T h e h e a r i n g f o l l o w e d a n investigation into a report of the Auditor General of the Federation for the year ended 31st December, 2013, stating that at the time many of the deaths occurred, various arms and ammunition were carted away by the bandits.
The lawmakers observed that it was the interest shown by the AGF in the matter in 2013 that prompted the police to generate reports on some of the occurrences that took place between 2009 and 2012.
Speaking at the investigative hearing, the Chairman of the
he House of Representatives has Tdirected its Committee on Power to
investigate reports that the Niger Delta
Power Holding Company (NDPHC)
diverted $9 billion which it received
from the Central Bank of Nigeria (CBN)
for priority projects including the
construction of 10 power plants, into
other areas.The Committee was mandated to
conduct an investigative hearing
involving all relevant stakeholders to
identify any constitutional breaches and
ascertain the veracity of reported
infractions by the NDPHC and report
back to the House within six weeks for
further legislative action.The resolutions were reached
following a motion sponsored by Hon.
Mark Terseer Gbillah who alleged that
the company had continued to pay
outrageous amounts as wayleave
payments to communities with
significant cost implications to the
Committee, Hon. Kingsley Chinda wondered why the police authorities would delay reporting the deaths and taking necessary actions.
Investigation has revealed the tardiness in the police authorities' response to the welfare of their personnel. The delay in reporting the death of their personnel may partly be responsible for the delay in the payment of compensation for the families of dead police personnel. Through this deliberate delay, top police officers reportedly make money off the plight of those working under them.
According to the Committee, by failing to produce timely and correct statistics of the arms and ammunition that are lost, they also enrich themselves.
The AGF had urged the lawmakers in the report to recommend sanctions for the police for violating relevant provisions of the Financial Regulations for Ministries, Departments and Agencies (MDAs), 2004, which require that the loss of arms should be reported promptly to the appropriate quarters not later than three days.
government."While it generates an operating
surplus which cannot be determined
because it is neither divulged nor paid
into the coffers of the federal
government but rather expended by the
company without legislative approval,"
the lawmaker added."Also alarmed at the lack of
completion of the 10 power plants
awarded by the NDPHC since 2006,
though a few of the plants have been
completed and handed over since 2010
but a local contractor, Rockson
Engineering has refused to hand over
four power plants it was awarded in
controversial circumstances and
appears to be holding the federal
government to ransom over the
completion of the plants while the
equipment and infrastructure continue
to experience wear and tear due to the
protracted delay," Gbillah added.
he Nigerian Senate has resolved to probe the Bureau of Public T
Procurement over alleged inflation of the costs of some contracts, which contravenes the Public Procurement Act.
The resolution by the Upper Chamber arose from a motion entitled “Irregularities in the Award of Contracts by the Bureau of Public Procurement BPP” which was sponsored by Senator Dino Melaye.
Leading debate on the motion, Senator Melaye noted that BPP wrote a Letter of no objection to contract requests of the Federal Ministry of Power, Works and Housing but later wrote that it cannot be granted, alleging that the BPP conspicuously changed the contractors and costs of some projects applied for by the ministry. He points out that it was one of the many irregularities that the Bureau of Public Procurement got involved in.
Ruling on the motion, President of the Senate Bukola Saraki ? directed the Senate Committees on Public Procurement; Power, Works and Housing to carry out a comprehensive investigation into the matter and report back to the Senate in four ? weeks.
Reps Summon Police Chiefs over Officers' Deaths
House Moves to Probe Alleged Diversion of U.S $9 Billion NDPHC
Senate Moves to Fast-track the Passage of Diaspora Commission Bill
he Chief Whip of the Rivers State THouse of Assembly, Hon. Evans Bipi has said the need to repeal the State's Reserved Fund Law No. 2 of 2008
he Ogun State House of Assembly Thas approved a request by Governor Ibikunle Amosun to obtain N65.7bn credit facility as part revenue to finance capital projects contained in the 2017 Appropriation Bill earlier approved.
The approval followed a motion moved by the Majority Leader, Adeyinka Mafe, seconded by Hon. Rasaq Oduntan at a recent plenary.
was sequel to the massive looting of the state's reserved fund.
Hon. Bipi, who stated this during the debate on the Rivers State Reserved
The House in its resolution stated: “Approval to the State Government to obtain a Credit facility of the sum of Sixty-Five Billion, Seven Hundred and Eighty-Five Million, Six Hundred and Thirty-Three Thousand, Seven Hundred and Seventeen Naira (N65, 785, 633, 717.00) from Domestic and Foreign Banks and other Financial Institutions.
he Bauchi State House of Assembly Thas prohibited sales of lands in some selected Local Governments Areas that have hydrocarbons and other resources prospects.
This was made known by the Chairman, House Committee on Information, Ibrahim Hassan at a stakeholders meeting with the Presidential Committee on North East Initiative.
He said that the act was to prevent the sales of lands in the selected local
he Bayelsa State House of TAssembly has approve the sum of N3 billion for the acquisition of official cars for the legislators, political appointees and the state security outfit known as the Duo Akpor.
The approval from the State House of Assembly to the State Governor, Hon. Seriake Dickson was reportedly done in secrete and unanimously supported by the members of the House.
The Speaker of the House, Hon. Kombowei Benson, who however
government areas to people especially individuals that are not indigenes of the state. "We learnt that in Alkaleri and Kirfi local government areas some people are selling off their lands to people that are not indigenes of the state. The state House of Assembly has stopped that action because the areas are endowed with petroleum resources. We don't want incidences were we sell out the lands and when is time to start drilling the resources it becomes something else,” he said.
conf irmed the development to leadership in a text message, stated that though the proceeding in which the approval was made was not conducted in secrete. “I know there will be reactions but the main issues are that even Duo Akpo security vans are needed. For the Assembly, it is our right to have official cars and we are now in our second year without cars. We are going for highlander not expensive Prado or land cruiser in other to cut cost,” he explained.
he Lagos State Governor TAkinwunmi Ambode has signed into law a Bill stipulating death penalty for kidnappers, whose victims die in their custody and life imprisonment for act of kidnapping.
Signing the bill into law at the State House, Ikeja, Ambode said in recent times, kidnapping had become a major threat to the safety of citizens and therefore required decisive action by the government. “What we are doing in respect of kidnapping is in good spirit so that we can eradicate it complete from Lagos,” he said.
It would be recalled that the State House of Assembly had on 5 January, 2017 passed the 'Bill for a Law to Provide for the Prohibition of the Act of Kidnapping and other Connected Purposes”, specifying death and life i m p r i s o n m e n t p e n a l t i e s f o r kidnappers.
The bill prescribes death sentence for kidnappers whose victims die in their custody. Kidnappers whose victims did not die in their custody will get life jail. The Bill was passed following the adoption of a report presented by Chairman of the House Committee on Judiciary, Petitions, Human Rights and Lagos State Independent Electoral Commission (LASIEC) Mrs Adefunmilayo Tejuosho.
Lagos Approves Death Penalty for Kidnappers
he Kebbi State Governor, Atiku TBagudu has presented a budget proposal of N139.3 billion for the year 2017 to the State House of Assembly, noting that the budget comprised N99.1 billion capital expenditure and N40billion recurrent expenditure.
The governor said priority areas of the budget would be accorded to education, agriculture, health and infrastructure sectors just as effort would be made to boost internally generated revenue. He said the 2017 budget would consolidate the gains achieved by the previous budget,
improve infrastructure, empowerment, transparency and accountability.
He also ordered the suspension of all mining activities in the state pending the development of new guidelines for mining activities and the determination of 13 per cent royalties for payment by mining firms.
Presiding over the session, Speaker of the House of Assembly, Abdulmumini Kamba, who presided over the presentation, assured that the lawmakers would ensure due diligence and speedy passage of the budget.
Kebbi Assembly receives N139.3bn as 2017 Appropriation Bill
Rivers Assembly Repeals Reserved Fund Law
Ogun Assembly Approves N65.7bn Request
Bauchi Assembly Halts Sale of Land to non-Indigene
Bayelsa Approves 3bn Vehicles for Legislators, Others
Fund Repeal Bill 2017 at the Assembly's plenary session in Port Harcourt, stressed the need for immediate repeal of the law to give way for the development of the state.
Also speaking, the Leader of the House, Hon. Martin Amaewhule said the prevailing economic recession in the country had made it imperative to repeal the law which was passed in 2008.
“In the face of the current recession and dwindling federal allocations to the state, this law can no longer stand the test of time. And when a law becomes obsolete, it is the duty of the executive to call for its repeal,” he explained.
Maintaining that the law is not in the best interest of the Rivers people, Amaewhule said that it must be repealed to facilitate the development of the state.
The Speaker of the House, Rt. Hon. Ikuinyi Ibani, consequently committed the bill to the Committee on Public Accounts for further action.
PHOTOSPEAK
Legislative Digest Vol. 11 No. 1, January, 201712
Participants in a group photo after a bi-monthly National Civil Society Consultative Forum on Peace and Security organised by CISLAC with support from Nigeria Stability and Reconciliation
Understanding Kaduna State's Maternal Health Policies
By Chioma Kanu
As part of the efforts to address maternal
and child health challenges, the State
Government introduced scaling-up provision
of Free Maternal and Child Health (FMCH)
services from 115 to 255 facilities in 2011.
aduna State is the third most
populous State in Nigeria Kwith about seven million
population. As at 2013, Kaduna State
lnfant Mortality Ratio stood at 69 per
1000 child birth as recorded by the
National Demographic Health
Survey.
As reported by KSSHDP, 2010,
health care services in the State are
provided from a total of 1,692 health
care facilities; of which 40.2% of these
health facilities belong to the private
sector. 96.5% of all the health
facilities are primary health care,
3.2% secondary health care and 0.3%
tertiary health care facilities.
As part of the efforts to address
maternal and child health challenges,
the State Government introduced
scaling-up provision of Free Maternal
and Child Health (FMCH) services
from 115 to 255 facilities in 2011;
implemented the Primary Health
Care Drug Management Agencies in
2012 by appointing management and
staff, allocating of office space, and
specifying budgets in the 2013
Appropriation Law; transferred
m a n a g e m e n t o f t h e F M C H
programme from the Governor's office
to the Ministry of Health, under the
supervision of the Permanent
Secretary; approved additional 500
million naira in 2013 to enhance the
provision of free healthcare services
to pregnant women and children
under-five – having already increased
the health budget for three successive
years; signed an MoU with Dangote
foundation and BMGF in 2015
towards polio eradication initiative
and routine immunization services;
appointed a Board Chairman for state
Primary Health Care Development
Agency following ascension of its
establishment law in the state.
The State is endowed with a rich
Kano State Assembly during the Public Hearing.
Continued on page 15
OPINION
Legislative Digest Vol. 11 No. 1, January, 201714
he democratic system of government has been widely practiced in the world, and T
the most recognized element within three arms of government is the legislative arm. So, it remains the only body that ensures the practice of democracy.
Furthermore, the legislature remains the true representative of the people playing a leading role of sustaining democracy. There are two most recognized systems of legislative practice—Unicameral (legislature with one chamber) and bicameral (Legislature with two chambers).
Choice between the two systems depends on the nature, structure and mode of operating system of democratic government of a particular country.
Like any institution, there should be enough finance to maintain the legislative institution. Due to its significance and structure, the legislative arm must be allocated some funds to enable it discharge its constitutional mandate economically, efficiently and effectively.
Basically, in most cases the unicameral system of legislature is less costly to maintain than bicameral system which is more costly to operate. But the major determinants of high cost of running legislature are number of seats available to form a legislative chamber and the different allowances provided to the legislative members as well as economic condition of a country
The Cost of Maintaining Federal Legislature in Nigeria (1)
among others. Considering the size of the country
and diversity in culture in 1946, the colonies introduced the bicameral legislature for the first time. However, the bicameral system of legislature had fully come into operation in the second republic 1979. For the purpose of meeting up the legislature service standard and to provide the enabling legislation environment for discharging enormous responsi-bilities of over 170 million people.
Section 51 of the 1999 Constitution provides that “[t]here shall be a clerk to the National Assembly and such other staff as may be prescribed by an Act of the National assembly, the method of appointment of clerk to the National Assembly and Shall be as prescribed by that Act”. This Section gave birth to the National Assembly services commission
By Usman A. Aliyu
(NASC) Act Cap No. 7 2014 (Repeal and enactment) bill which established five Directorates of the commission such as: Directorate of corporate Affairs, Directorate of finance and Account Directorate of legal services, Directorate of procurement estate and works and Directorate of common services.
The National Assembly consists of the Senate and the Federal House of Representatives which provides the clerk and other staff of the National Assembly as well and other staff of each house of the Senate and the Federal House Representatives. The National Assembly Service Commission is responsible for the appointment, recruitment and promotion of staff of the National Assembly whose duties are to run the affairs of the National Assembly and provide enabling environment for legislative.
Also, it has about 5,000 civil servants apart from the 500 civil servants of the National Assembly services Commission (NASC) and other staff both Academic and non-Academic of National Institute for Legislative studies (NILS) and Public Complain Commission (PCC), which are Agencies under the National Assembly. Similarly the National Assembly has 469 members five legislative aides for each member excluding principal officers. Two legislative aides, senior
legislative aide, personal assistant and the secretary add up to about 4600.
In this case, it is important to understand that the cost o f maintaining unicameral legislature is less than that of bicameral legislature. Bicameral is costly to run. For each chamber, there must be a clerk and other staff who perform similar function of that other c h a m b e r . F u r t h e r m o r e , t h e bicameral usually comes with presidential system of government in which the executive is distinct from the legislative. Thus in bicameral system, salaries and allowances must be provided for both members of the legislative and executive separately while the unicameral system usually comes with parliamentary. In this system, a legislative member is a member of both the executive and the legislative and he is entitled to salary and allowances of an executive member only.
Secondly, the total number of seat into the legislative chamber depends on the population quota of equal representation to demarcate a constituency that produces a
l e g i s l a t i v e c o n s t i t u e n c y f o r representation. In the Senate, equal representation of constituency is provided for every state with three equal Senatorial District making 108 for 36 states and one Senatorial District for Federal Capital Territory. Thus, there must be increment of more Senatorial Districts , i f additional states are established in line with section 8 of the constitution as in the same case in the Federal House of Representative. For instance the total salaries and allowances to be paid to 360 members of Federal House of Representatives is more than the Senate due to higher numbers of seats allocated for legislative member which increases the running cost. Furthermore, the number of seats available depends on the population per seat (which indicates the total number of population per seat into the National Assembly).
In Nigerian, for every seat, there are averagely 377,731 people, compared to the United State congress 569, 560 people and the United Kingdom 44, 576 people, the South Africa 98, 726 people and Morocco with 73 million people and the population per seat of 49, 600
people. This indicates that all the countries mentioned except the United States are more costly of maintaining legislature. That is, the higher the population per seat the lower cost of running legislature and the lower the population per seat the higher the cost of running of legislative chamber.
Thirdly, the salary and allowance package is the most significant factor affecting the cost of running a legislature and the most recognized factor by people. Every legislature determines i t s sa lar ies and allowances. In Nigeria, the National Institute for Legislative Studies (NILS) had published the salaries and allowances packages of the members of the National Assembly to include: basic salary, vehicle fuelling and maintenance, constituency allowance, domestic s ta f f , Personal Ass is tance , entertainment recess, utilities, Newspapers, house maintenance, wardrobe, tour duty allowance and estacode which when added up sum of ? 12,902,360 and ? 9,525,485 for a Senator and Federal House of R e p r e s e n t a t i v e s m e m b e r respectively.
Understanding Kaduna State's Maternal Health PoliciesContinued from page 13
PEACE BUILDING
16
n r e c e n t t i m e s , t h e
unprecedented levels o f Isuffering and vulnerability of
day Legislative and Executive CDia logue on Act i on f o r E f f ec t ive
Implementation of Policies on Maternal
Health. The Dialogue aims at bringing
Kaduna State's legislators, executive and
civil society arms under one roof to
brainstorm on necessary action for effective
implementation and oversight of the existing
policies and law on maternal and child health
in the state. The meeting drew over 20
participants representing the state's
Ministries of Health, Education and Women
Affairs, Civil Society Organizations, and the
Media. After exhaustive deliberations on
various thematic issues, the following
observations and recommendations were
made:
OBSERVATIONS:
1. The Kaduna State Government has in
recent times embarked on several
activities at reducing maternal
mortality such as construction and
refurbishment of Primary Health Care
centres across the 255 Wards; and
provision of annual international
scholarship scheme for female medical
students to encourage inclusiveness,
adequate attendance and timely
response to maternal and child health
care in the state.
2. As at 2013, Kaduna State lnfant
Mortality Ratio stood at 69 per 1000
child birth as recorded by the NDHS.
3. Effective operationalisation of the
introduced Free Maternal Child Health
services is yet to be achieved in the state
or translated into legislation to enhance
sustainable, affordable and accessible
health care services.
4. Inadequate information on the existing
Free Maternal and Child Health
services and policies by the State
Government impedes accessibility,
especially by the people in the
grassroots.
5. While Kaduna state is yet to attain the
15% benchmark on health allocation,
the state is hit by shortage of skilled
health workers in the health facilities,
and other related challenges like
constant migration of skilled health
w o r k e r s a s a r e s u l t o f p o o r
remuneration.
6. Lack of enabling and agreeable
indicator on the existing maternal
mortality rate impedes effort and
intervention in maternal and child
health in the state.
COMMUNIQUÉ ISSUED AT THE END OF A ONE-DAY LEGISLATIVE AND EXECUTIVE DIALOGUE ON ACTION FOR EFFECTIVE IMPLEMENTATION OF POLICIES ON MATERNAL HEALTH ORGANIZED BY CIVIL SOCIETY LEGISLATIVE ADVOCACY CENTRE (CISLAC) WITH SUPPORT FROM THE MACARTHUR FOUNDATION, HELD AT CHIMCHERRY HOTEL, KADUNA STATE ON 19TH JANUARY, 2017.
A Bill for an Act to amend the Court of Appeal Act, Cap. C26, Laws of the Federation of Nigeria, 2004 to Establish a Labour Division of the Court to Hear Appeals from the National Industry Court and for Other Related Matters.
2017
Second Reading
Sen. Lanre Tejuoso
2.
SB. 278
A Bill for an Act to Repeal the National Health Insurance Scheme Act CAP N42 LFN 2004 and to enact the National Health Insurance Commission for other matters connected therewith.
2017
Second Reading
Sen. Umaru I. Kurfi
3.
SB. 152
A Bill for an Act to provide for a Legal Framework for the Cassava Inclusion Policy of the Federal Government to encourage Cassava Farming and for other matters connected therewith.
2017
Second Reading
Sen. Rose Oko
4.
SB. 376
A Bill for an Act to make comprehensive provisions for the Confiscation, Forfeiture and Management of Properties derived from unlawful activities and for connected matters.
2017
Second Reading
Sen. Mohammed Hassan
5.
SB. 261
A Bill for an Act provide for Secured Transactions, Registration and Regulation of Security Interest in Movable Assets and for related matters.
2017
Second Reading
Sen. Rafiu Adebayo Ibrahim
6.
SB. 167
A Bill for an Act to Establish the Chartered Institute of Fraud Examiners and for matters connected therewith.
2017
Second Reading
Sen. Foster Ogola
7.
HB. 289
A Bill for an Act to Amend the Quarantine Act, Cap. Q2, Laws of the Federation of Nigeria, 2004 and for Other Related Matters.
2017
Second Reading
Hon. Jones Onyereri
8.
HB. 471
A Bill for an Act to Establish the Nigerian Agricultural Quarantine Service Act, Cap. Q2, Laws of the Federation of Nigeria, 2004, and for Other Related Matters.
2017
Second Reading
Hon. Munir Dan Agundi
9.
HB. 71
A Bill
for an Act to Establish the Federal Capital Territory HIV/AIDS Control Agency (FACA) and for Other Related Matters.
2017
Second Reading
Hon. Uzoma Nkem-Abonta
10. HB. 208 A Bill for an Act to Amend the Treaty to Establish the African Union (Ratification and Enforcement) Act, Cap. T26, Laws of the Federation of Nigeria, 2004 by giving the Assembly the Power to Determine the Subjects or Areas on which the Pan-African Parliament may Propose Draft Model Laws and Other Related Matters.